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 2013 is bound in three separate volumes. Volume One contains January 14, 2013 through March 7, 2013. Volume Two contains March 11, 2013 through March 26, 2013. Volume Three contains March 28, 2013 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 2013 FIRST SESSION OF THE 152ND GENERAL ASSEMBLY Commenced at Atlanta, Georgia, Monday, January 14, 2013 and adjourned Thursday, March 28, 2013 VOLUME ONE Printed on Recycled Paper OFFICERS OF THE STATE SENATE 2013 CASEY CAGLE................................................................ President (Lieutenant Governor) HALL COUNTY DAVID J. SHAFER ......................................................................... President Pro Tempore GWINNETT 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 FOR THE TERM 2013-2014 Senators District Address Albers, John (R).................................................................. 56 ....................Roswell Balfour, Don (R)................................................................... 9 ....................Snellville Beach, Brandon (R) ............................................................ 21 ....................Alpharetta Bethel, Charlie (R).............................................................. 54 ....................Dalton Burke, Dean (R).................................................................. 11 ....................Bainbridge Butler, Gloria S. (D) ........................................................... 55 ....................Stone Mountain Carter, Earl L. "Buddy" (R) ................................................. 1 ....................Pooler Carter, Jason (D)................................................................. 42 ....................Decatur Chance, Ronnie (R) ............................................................ 16 ....................Tyrone Cowsert, Bill (R)................................................................. 46 ....................Athens Crane, Mike (R).................................................................. 28 ....................Newnan Crosby, John D. (R)............................................................ 13 ....................Tifton Davenport, Gail (D)............................................................ 44 ....................Jonesboro Davis, Jr., Hardie (D).......................................................... 22 ....................Augusta Dugan, Mike(R).................................................................. 30 ....................Carrollton Fort, Vincent D. (D) ........................................................... 39 ....................Atlanta Ginn, Frank (R)................................................................... 47 ....................Danielsville Golden, Tim (D) ................................................................... 8 ....................Valdosta Gooch, Steve (R) ................................................................ 51 ....................Dahlonega Harbison, Ed (D)................................................................. 15 ....................Columbus Harper, Tyler (R) .................................................................. 7 ....................Ocilla Heath, Bill (R) .................................................................... 31 ....................Bremen Henson, Steve (D)............................................................... 41 ....................Tucker Hill, Hunter (R)..................................................................... 6 ....................Atlanta Hill, Jack (R)......................................................................... 4 ....................Reidsville Hill, Judson H. (R).............................................................. 32 ....................Marietta Hufstetler, Chuck (R) ......................................................... 52 ....................Rome Jackson, William "Bill" (R) ............................................... 24 ....................Appling Jackson, Lester G. (D) .......................................................... 2 ....................Savannah James, Donzella (D) ........................................................... 35 ....................Atlanta Jeffares, Rick (R)................................................................ 17 ....................McDonough Jones, Burt (R).................................................................... 25 ....................Jackson Jones, Emanuel (D)............................................................. 10 ....................Decatur Ligon, Jr., William (R) ......................................................... 3 ....................Brunswick Loudermilk, Barry (R)........................................................ 14 ....................Cassville Lucas, Sr., David (D).......................................................... 26 ....................Macon McKoon, Josh (R)............................................................... 29 ....................Columbus Millar, Fran (R)................................................................... 40 ....................Atlanta Miller, Butch (R) ................................................................ 49 ....................Gainesville Mullis, Jeff E. (R) ............................................................... 53 ....................Chickamauga Murphy, Jack (R)................................................................ 27 ....................Cumming Orrock, Nan (D).................................................................. 36 ....................Atlanta Ramsey, Sr., Ronald B. (D) ................................................ 43 ....................Decatur Seay, Valencia (D).............................................................. 34 ....................Riverdale Shafer, David J. (R) ............................................................ 48 ....................Duluth Sims, Freddie Powell (D) ................................................... 12 ....................Dawson Staton, Cecil (R) ................................................................. 18 ....................Macon Stone, Jesse (R)................................................................... 23 ....................Waynesboro Tate, Horacena (D) ............................................................. 38 ....................Atlanta Thompson, Curt (D) ............................................................. 5 ....................Tucker Thompson, Steve (D).......................................................... 33 ....................Marietta Tippins, Lindsey (R)........................................................... 37 ....................Marietta Tolleson, Ross (R) .............................................................. 20 ....................Perry Unterman, Renee (R).......................................................... 45 ....................Buford Wilkinson, John (R)............................................................ 50 ....................Toccoa Williams, Tommie (R)........................................................ 19 ....................Lyons MONDAY, JANUARY 14, 2013 1 Senate Chamber, Atlanta, Georgia Monday, January 14, 2013 First Legislative Day The Senators-elect of the General Assembly of Georgia for the years 2013 - 2014 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 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, Pastor Benny Tate of Milner, Georgia, who offered scripture reading and prayer. The following communications from the Honorable Brian P. Kemp, Secretary of State, certifying the Senators-elect in the General Election of 2012 and the Special Elections of 2013, were received and read by the Secretary: 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 two (2) pages of typewritten matter constitute a true and correct list of State Senators in the General Assembly of Georgia elected at the 2012 General Election held on November 6, 2012; all as the same appear of file and record in 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 7th day of January, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh. /s/ Brian P. Kemp Secretary of State Seat District 1 District 2 District 3 Elected Official EARL CARTER LESTER G. JACKSON WILLIAM LIGON, JR. 2 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13 District 14 District 15 District 16 District 17 District 18 District 19 District 20 District 21 District 22 District 23 District 24 District 25 District 26 District 27 District 28 District 29 District 31 District 32 District 33 District 34 District 35 District 36 District 37 District 38 District 39 District 40 District 41 District 42 District 43 District 44 District 45 District 46 District 47 JOURNAL OF THE SENATE JACK HILL CURT THOMPSON HUNTER HILL TYLER HARPER TIM GOLDEN DON BALFOUR EMANUEL JONES JOHN BULLOCH FREDDIE SIMS JOHN D. CROSBY B. LOUDERMILK ED HARBISON RONNIE CHANCE RICK JEFFARES CECIL STATON TOMMIE WILLIAMS ROSS TOLLESON CHIP ROGERS HARDIE DAVIS JESSE STONE WILLIAM JACKSON BURT JONES DAVID LUCAS, SR. JACK MURPHY MIKE CRANE JOSH MCKOON BILL HEATH JUDSON HILL STEVE THOMPSON VALENCIA SEAY DONZELLA JAMES NAN ORROCK LINDSEY TIPPINS HORACENA TATE VINCENT FORT FRAN MILLAR STEVE HENSON JASON CARTER RONALD RAMSEY GAIL DAVENPORT RENEE UNTERMAN BILL COWSERT FRANK GINN MONDAY, JANUARY 14, 2013 3 District 48 District 49 District 50 District 51 District 52 District 53 District 54 District 55 District 56 DAVID SHAFER BUTCH MILLER JOHN WILKINSON STEVE GOOCH CHUCK HUFSTETLER JEFF MULLIS CHARLIE BETHEL GLORIA BUTLER JOHN ALBERS 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 one (1) page of typewritten matter constitute a true and correct list of State Senators in the General Assembly of Georgia elected at the 2013 Special Election held on January 8, 2013; all as the same appear of file and record in 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 14th day of January, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh. /s/ Brian P. Kemp Secretary of State Special Election of Senate: Senate District 21 Brandon Beach Senate District 30 Mike Dugan The President introduced Honorable Superior Court Judge Bill Hamrick, who administered the oaths of office to all Senators-elect as confirmed by the following communication: 4 JOURNAL OF THE SENATE Coweta County Superior Court 72 Greenville St. Newnan, GA 30263 Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 I, Judge Bill Hamrick, do hereby certify by my signature below that I have this date, January 14, 2013, at 10:40 am, in the Senate Chamber, Fulton County, Atlanta, Georgia, administered the following Oath of Office to the Senators-Elect of the Georgia State Senate for the 2013 2014 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: William G. Hamrick III DATED: January 14, 2013 The following communications from His Excellency, Governor Nathan Deal, were received by the Secretary during the interim: Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 3, 2012 MONDAY, JANUARY 14, 2013 5 The Honorable Casey Cagle President of the Senate 240 State Capitol Atlanta, Georgia 30334 The Honorable Tommie Williams President Pro Tempore 321 State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Cagle and Senator Williams: I have vetoed Senate Bills 38 and 470 which passed the General Assembly during the 2012 Regular Session. Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached. Sincerely, /s/ Nathan Deal Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 7, 2012 The Honorable David Ralston Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Speaker Ralston: I have vetoed House Bills 181, 456, 911, 975, 1051 and 1117 which passed the General Assembly during the 2012 Regular Session. Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached. Sincerely, /s/ Nathan Deal 6 JOURNAL OF THE SENATE Veto Number 1 SB 38 Authority of the State School Superintendent Georgia's K-12 education system has a unique governing structure with a statewideelected state school superintendent and a governor-appointed state Board of Education composed of representatives from each congressional district. Current law provides a number of checks and balances between the superintendent and the board. Those checks and balances were put in place during a time in our state history when the superintendent was making detrimental decisions for students. Prior to these changes, the state board was powerless to intervene. While HB 706, which also passed this session, restores many of these powers to the state school superintendent, to this day, unlike a typical CEO and board relationship, the state Board of Education does not have the power to remove the superintendent in the event of malfeasance or mismanagement. In light of this, I believe it is important to keep some of the current checks and balances. Therefore, I VETO SB 38. Veto Number 2 SB 470 Georgia Patient Self Referral Senate Bill 470 attempts to address concerns around Georgia's Patient Self-Referral law, which prohibits health care providers from referring patients for the provision of designated health services to an entity in which the health care provider has an investment interest. The Georgia Patient Self Referral Act of 1993, as well as the Stark Law on the federal level, provides exemptions for rural areas because of the lack of access to adequate healthcare. On close review, this legislation would expand the definition of "rural area" to include "a county in which a military junior college is located, and area which is not an urban area." This expansion would only apply to one county, Baldwin. The Georgia Patient Self Referral Act of 1993 was passed in response to the potential for abuse that is present when physicians are able to self-refer patients. I am vetoing this legislation because I believe SB 470 provides an unfair advantage to one county over other similarly populated counties around the state. I also find that this legislation would open the door for more counties to seek out the "rural" exemption in years to come. Accordingly, I VETO SB 470. Veto Number 3 HB 181 Changes to the Special Needs Scholarship Georgia's existing Special Needs Scholarship helps all students, regardless of their physical or mental circumstances, achieve academic success. I support the main effort of this bill, which sought to better inform parents and codify the enrollment and payment MONDAY, JANUARY 14, 2013 7 dates for the scholarship, and much of this may still be accomplished via a state Board of Education rule change. However, an amendment that was added to HB 181 would have significantly reduced the scholarship award special needs students receive. This drastic cut would likely reduce the number of students who would be able to take advantage of this scholarship, as the award amount would no longer offset the cost of tuition at a school that would better serve these students' needs. Therefore, I VETO HB 181. Veto Number 4 HB 456 Legislative Sunset Review Committee This bill establishes a new Legislative Sunset Advisory Committee of 14 members that is authorized to review and evaluate every state entity of the executive branch with the purpose of determining which state agencies and entities should be abolished. Implementing HB 456 is estimated to cost between $3 and $7 million. Growing state government with a new committee and statutory authority to review state agencies and the related expenses is not an effective use of state resources. Currently, the General Assembly reviews and evaluates state agencies using the staff in Senate Budget and Evaluation Office, the House Budget and Research Office, and the Senate and House Appropriations committees. Additionally the Department of Audits Performance Audits Division conducts evaluations of state-funded programs and activities to improve state operations. The programs and agencies investigated by the Performance Audit Division are based on the recommendations of legislators and legislative committees. Final performance audits reports and special examinations are published on the Department of Audits website. I have signed SB 33, a bill requiring that all state programs and agencies be reviewed over the next eight to 10 years using Zero Based Budgeting. The ZBB review process is the most cost-effective and efficient way to accomplish the goal of reviewing agency expenditures, evaluating performance and ensuring that we are focused on delivering essential services. Through the budget and legislative process this session alone we have eliminated councils, committees (SB 407) and one state agency (HB 642). The first year of ZBB reviews resulted in elimination of the State Personnel Administration, agency consolidations and realignments, over $9 million in savings, required no additional staff, was a collaborative process with agencies and the House and Senate budget offices and utilized the existing legislative process and House and Senate Appropriations Committees to make the final determinations on the ZBB recommendations. The FY 2013 ZBB Report is available at www.opb.georgia.gov. The intent and desired outcomes of HB 456 are and will be achieved through SB 33 and ZBB review. No additional overhead is needed because legislative authority, committees, and staff to review state agencies and operations are already established in law and the General Assembly did not include funding to implement this legislation. Therefore, I VETO HB 456. 8 JOURNAL OF THE SENATE Veto Number 5 HB 911 Putnam County; change compensation for certain officials House Bill 911 contains specific language providing additional compensation for the sheriff of Putnam County and various officials of the Putnam County State Court. I am vetoing this legislation because of the lack of justification provided for such increases in compensation for these officials. Accordingly, I VETO HB 911. Veto Number 6 HB 1051 Public transit authorities House Bill 1051 was the companion to House Bill 1052, which failed to pass. HB 1051 would have become effective only if HB 1052 were enacted. Since the mechanism to make HB 1051 effective does not exist, and at the request of the author, I VETO HB 1051. Veto Number 7 HB 1117 Bond Debt Elections and Hospital Authority Deposits The original language of HB 1117 would maintain Fulton County as the only county in the state that is required to hold bond debt elections only on the date of the November general election. An amendment was added to HB 1117 that included an exemption of hospital authorities from OCGA 45-8-12 that requires that any bank or depository holding public funds guarantee the funds with a surety bond, FDIC insurance, or some other form of guarantee or collateral. This exemption would expose public funds to additional investment risk. Hospital Authorities are allowed to participate in the state investment pools which provide the possibility for a higher return on investment but maintain appropriate safeguards against losses. I recommend the author bring back the original legislation for consideration during the next session. This bill puts public funds at additional financial risk. Therefore, I VETO HB 1117. Veto Number 8 HB 975 Habersham County; relating to homestead exemption for school district ad valorem taxes Both the sponsor of this legislation and the Habersham County Commission requested that I veto this legislation. Accordingly, I VETO HB 975. MONDAY, JANUARY 14, 2013 9 Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 May 7, 2012 The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 The Honorable David Ralston Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Gentlemen: Please be advised that I have line-item vetoed the appropriations below and identified language to disregard for the following sections in House Bill 742: Vetoes: Section 51, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 167, line 5169; and Section 51, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 173, line 5225 Non-Binding Information Language to Disregard: Section 17, pertaining to the Department of Community Health, page 38, line 1175; Section 17, pertaining to the Department of Community Health, page 39, line 1219; Section 17, pertaining to the Department of Community Health, page 41, line 1276; Section 27, pertaining to the Department of Human Services, page 84, line 2627; Section 33, pertaining to the Department of Natural Resources, page 104, line 3262; Section 40, pertaining to the University System of Georgia Board of Regents, page 126, line 3969; Section 40, pertaining to the University System of Georgia Board of Regents, page 130, line 4075; and Section 48, pertaining to the Department of Transportation, page 154, line 4856 The veto messages are attached for each item referenced above. Sincerely, /s/ Nathan Deal 10 JOURNAL OF THE SENATE HB 742FY 2013 Appropriations Bill Intent Language Considered Non-Binding Section 17, pertaining to the Department of Community Health, page 38, line 1175: The General Assembly seeks to appropriate $50,000 for the Southeastern Firefighters' Burn Foundation, Inc. in the Health Care Access and Improvement program. The purpose of the Health Care Access and Improvement program is to improve health care access and outcomes in rural and underserved areas of Georgia. Some aspects of this initiative are outside the scope of the purpose of the Health Care Access and Improvement program. Therefore, the Department is authorized to operate the program in accordance with the purpose of the program and the general law powers of the Department. Section 17, pertaining to the Department of Community Health, page 39, line 1219: The General Assembly seeks to instruct the Department to implement a wastage policy to reimburse for cancer treatment single-dose vials administered in a physician's office. The funds provided are insufficient to implement this policy as of the effective date stated. Additionally, limiting the application of the reimbursement policy to cancer drugs may not be operationally feasible. Therefore, the Department is authorized to utilize the funds in accordance with the purpose of the program and the general law powers of the Department. Section 17, pertaining to the Department of Community Health, page 41, line 1276: The General Assembly seeks to instruct the Department to restore the bariatric surgery benefit in the State Health Benefit Plan, effective January 1, 2013. This language limits the Department's ability to effectively manage the State Health Benefit Plan and control expenses. Therefore, the Department is authorized to determine benefits covered under the State Health Benefit Plan pursuant to the direction of the Board of Community Health and in accordance with the purpose of the program and the general law powers of the Department. Section 27, pertaining to the Department of Human Services, page 84, line 2627: The General Assembly seeks to appropriate $50,000 for KidsPeace in the Out-of-Home Care program. This appropriation circumvents the Department's process for reimbursing vendors and creates a variance between vendors providing similar services. Therefore, the Department is authorized to utilize the funds in accordance with the purpose of the program and the general law powers of the Department. MONDAY, JANUARY 14, 2013 11 Section 33, pertaining to the Department of Natural Resources, page 104, line 3262: The General Assembly seeks to appropriate $150,000 for the Georgia Water Policy Center in southwest Georgia in the Environmental Protection program. Funding for water initiatives should be prioritized in consideration of statewide water needs rather than regionally focused. Therefore, the Department is authorized to utilize these funds for its highest priority needs and in accordance with the purpose of the program and the general law powers of the Department. Section 40, pertaining to the University System of Georgia Board of Regents, page 126, line 3969: The General Assembly seeks to appropriate $50,000 for industrial storm water solutions for Georgia's poultry industry in the Georgia Tech Research Institute program. The Georgia Tech Research Institute has sufficient funding to undertake this research without an additional appropriation. Therefore, the Department is authorized to undertake this research using agency generated funding in lieu of state appropriations. Section 40, pertaining to the University System of Georgia Board of Regents, page 130, line 4075: The General Assembly seeks to appropriate $25,000 for the Southern Legislative Conference's (SLC) Center for Advancement of Leadership Skills (CALS) program at Georgia State University in the Teaching program. The purpose of the Teaching program is to provide for direct student instruction or other initiatives supporting student learning. This initiative is outside the scope of the purpose of the Teaching program. Therefore, the Department is authorized to participate in the Southern Legislative Conference's Center for Advancement of Leadership Skills program using agency generated funding in lieu of state appropriations. Section 48, pertaining to the Department of Transportation, page 154, line 4856: The General Assembly seeks to appropriate $500,000 for airport aid grant funds for Airport Aid projects including Blairsville, Hampton, North Georgia Regional Airports, Americus, Bainbridge, Griffin, Rome, and Valdosta. Grant funding for airport projects should be awarded on a competitive basis that maximizes all available funds and is in accordance with statewide priorities for air transportation. Therefore, the Department is authorized to utilize the funds in accordance with the purpose of the program and the general law powers of the Department. 12 JOURNAL OF THE SENATE HB 742FY 2013 Appropriations Bill Line-Item Vetoes by the Governor Section 51, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 167, line 5169: This language authorizes the appropriation of $256,800 in debt service to finance projects and facilities for the Board of Regents of the University System of Georgia, specifically for the renovation of the Rural Development Center at the University of Georgia Tifton campus, through the issuance of $3,000,000 in 20-year bonds. This project was not requested by the Board of Regents and was not identified as a priority in the Board of Regents capital plan. This project would create additional space in order to expand programming and enrollment at the Tifton campus. Projects impacting future enrollment in the University System should be vetted by the Board of Regents to ensure a strategic approach to enrollment growth at higher education institutions in Georgia. Therefore, I veto this language (page 167, line 5169) in the provisions relative to Section 51 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $256,800. Section 51, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 173, line 5225: This language authorizes the appropriation of $133,476 in debt service to finance projects and facilities for the Department of Transportation, specifically for upgrades and maintenance at the Riceboro Southern Railway bridges and railroad grade crossing signal crossbucks on the Georgia Southwestern Railroad and Chattooga and Chickamauga Railway, through the issuance of $1,470,000 in 20-year bonds. The Department has sufficient funding within existing authorized general obligation debt to provide for additional rail improvement projects. Funding for these rail projects should be considered in conjunction with other state rail needs, and projects should be selected by the Department based on the state's highest priority needs. Therefore, I veto this language (page 173, line 5225) in the provisions relative to Section 51 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $133,476. The following communications were received by the Secretary during the interim: Senator Bill Hamrick District 30 121-H State Capitol Atlanta, GA 30334 Committees: Judiciary Rules Public Safety Appropriations Ethics MONDAY, JANUARY 14, 2013 13 Senator Bill Hamrick District 30 August 23, 2012 The Honorable Nathan Deal Governor of Georgia State Capitol Atlanta, GA 30334 Dear Governor Deal: Please accept this letter as my resignation from the Georgia State Senate, District 30, effective September 10th at 9:00 a.m. It has been an honor to serve the people of the 30th district since March of 2000. I look forward to continuing in service to the state of Georgia as a Superior Court Judge of the Coweta Judicial Circuit. Sincerely, /s/ Bill Hamrick State Senator District, 30 Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 August 23, 2012 The Honorable Bill Hamrick Senator, District 30 Georgia State Senate 121-H State Capitol Atlanta, Georgia 30334 Dear Senator Hamrick: Thank you for the service you have rendered as the Georgia State Senator representing District 30. I appreciate you apprising me of your resignation, effective September 10, 2012, at 9:00 a.m. 14 JOURNAL OF THE SENATE Your resignation is hereby accepted, and I wish you all the best for your service as Superior Court Judge within the Coweta Judicial Circuit. Once again, thank you for your dedicated service to the State of Georgia. Sincerely, /s/ Nathan Deal The following Press Release was issued by Brian Kemp, Secretary of State: CALL FOR SPECIAL PRIMARY AND ELECTION FOR SENATE DISTRICT 30 Notice is hereby given that a Republican special Primary Election shall be held in portions of Carroll, Douglas and Paulding Counties on November 6, 2012 to fill the withdrawn candidacy of the Honorable Bill Hamrick, State Senator, District 30. A runoff election, if needed, will be held on December 4, 2012. Qualifying for the Republican Special Primary Election shall be held in Room 341 of the Georgia State Capitol, 214 State Capitol, Atlanta, 30334. The dates and hours of qualifying will be Wednesday, September 12 from 9:00 to 5:00, Thursday, September 13 from 8:00 to 5:00 and Friday, September 14 from 8:00 to noon. The qualifying fee shall be $400.00. All persons who are not registered to vote and desire to vote in the special primary election must register to vote before the close of business on October 9, 2012. Polls will be open from 7:00 AM until 7:00 PM on Tuesday, November 6, 2012. Notice is hereby given that a Special Election shall be held in portions of Carroll, Douglas and Paulding Counties on January 8, 2013 for Senate District 30. A runoff election, if needed, will be held on February 5, 2013. Qualifying for the Special Election shall be held in the Elections Division of The Office of Secretary of State, 2 Martin Luther King, Jr. Drive, SE, Suite 802 Floyd West Tower, Atlanta, 30334. The dates and hours of qualifying will be Wednesday, September 12 from 9:00 to 5:00, Thursday, September 13 from 8:00 to 5:00 and Friday, September 14 from 8:00 to noon. The qualifying fee shall be $400.00. All persons who are not registered to vote and desire to vote in the special election must register to vote before the close of business on December 10, 2012. Polls will be open from 7:00 AM until 7:00 PM on Tuesday, January 8, 2013. MONDAY, JANUARY 14, 2013 15 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 November 19, 2012 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Secretary Ewing, I hereby certify that these are the results of the Republican Caucus: Senator David Shafer, President Pro Tempore Senator Ronnie Chance, Majority Leader Senator Butch Miller, Caucus Chair Senator Judson Hill, Caucus Vice Chair Senator Steve Gooch, Caucus Secretary Senator Cecil Staton, Caucus Whip If you have any questions, please feel free to call my office. Sincerely, /s/ Ronnie Chance Senator Steve Henson District 41 121-B State Capitol Atlanta, GA 30334 Committees: Urban Affairs Administrative Affairs Health and Human Services Natural Resources and the Environment Reapportionment and Redistricting Regulated Industries and Utilities Rules 16 JOURNAL OF THE SENATE DEMOCRATIC LEADER The State Senate Atlanta, Georgia 30334 19 November 2012 The Honorable Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Ewing, Today, November 19, 2012, at 11:00 A.M., the Senate Democratic Caucus held its leadership elections. Below are the results: Leader: Steve Henson Whip: Vincent Fort Chairman: Horacena Tate Vice Chair: Valencia Seay Vice Chair of Campaigns & Fundraising: Gloria Butler Secretary: Nan Orrock If I may be of service in any way, please do not hesitate to call. /s/ Steve Henson Senator, District 41 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 MAJORITY LEADER MONDAY, JANUARY 14, 2013 17 December 5, 2012 Honorable Nathan Deal Governor of Georgia 201 State Capitol Atlanta, Georgia 30334 Governor Deal, The last decade has given me the incredible opportunity to serve the state we love. However, life has its seasons and now is the time for me to move to a new challenge. Effective today I resign my seat in the State Senate. I want to thank the voters of the 21st Senate District for allowing me to represent them at the State Capitol for the last 10 years. I also want to personally thank you for the times we have spent together and your dedication to Georgia. Please know I remain committed to our state and willing to serve our joint interests. Sincerely, /s/ Chip Rogers The following communications from His Excellency, Governor Nathan Deal, were received by the Secretary: STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Nathan Deal Governor December 5, 2012 The Honorable Chip Rogers Senator, District 21 Georgia State Senate P.O. Box 813 Woodstock, Georgia 30188 Dear Senator Rogers: Thank you for the service you have rendered as the Georgia State Senator representing District 21. I appreciate you apprising me of your resignation, effective immediately. 18 JOURNAL OF THE SENATE Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your dedicated service to the State of Georgia. Sincerely, /s/ Nathan Deal BY THE GOVERNOR: THE STATE OF GEORGIA EXECUTIVE ORDER Senate District 21 has become vacant due to the resignation of Senator Chip Rogers. Therefore, pursuant to Article V, Section II, Paragraph V of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a Writ of Election is hereby issued to the Secretary of State for a special election to be held on January 8, 2013, to fill the temporary vacancy in District 21 of the Georgia State Senate. This 5th day of December, 2012. /s/ Nathan Deal GOVERNOR The following communication was received by the Secretary during the interim: Senator John Bulloch District 11 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Natural Resources and the Environment Appropriations Banking and Financial Institutions The State Senate Atlanta, Georgia 30334 December 6, 2012 The Honorable Nathan Deal, Governor State of Georgia 203 State Capitol Atlanta, Georgia 30334 MONDAY, JANUARY 14, 2013 19 Dear Governor Deal, It is with sincere regret that I send this letter to you, but after much forethought I have made the decision to resign my seat as Senator of the 11th District, effective immediately. I have come to this conclusion due to my recent illness, which has caused a severe setback in my physical capabilities. I have had thorough discussions with my wife and family and we have prayerfully decided that this is the best path forward for me personally and for the citizens of the 11th District. I feel confident that I have been a good steward of the 11th District Senatorial seat and I have served my family, friends and constituency well. I have enjoyed my tenure in the Georgia State Legislature, but the time has come for me to close this chapter in my life. I respectfully request your favorable decision to accept my resignation and I thank you for your concern and understanding. /s/ John Bulloch The following communications from His Excellency, Governor Nathan Deal, were received by the Secretary during the interim: Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 December 6, 2012 The Honorable John Bulloch Senator, District 11 Georgia State Senate 3554 Bulloch Road Ochlocknee, Georgia 31773 Dear Senator Bulloch: Thank you for the service you have rendered as the Georgia State Senator representing District 11. I appreciate you apprising me of your resignation, effective immediately. Your resignation is hereby accepted, and I wish you improved health. Once again, thank you for your dedicated service to the State of Georgia. Sincerely, /s/ Nathan Deal 20 JOURNAL OF THE SENATE THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Senate District 11 has become vacant due to the resignation of Senator John Bulloch. Therefore, pursuant to Article V, Section II, Paragraph V of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a Writ of Election is hereby issued to the Secretary of State for a special election to be held on January 8, 2013, to fill the vacancy in District 11 of the Georgia State Senate. This 6th day of December, 2012. /s/ Nathan Deal GOVERNOR The following communications were received by the Secretary: Senator George Hooks District 14 431 State Capitol Atlanta, GA 30334 Committees: Ethics Appropriations Natural Resources and the Environment Regulated Industries and Utilities Rules Dean of the Senate January 8, 2013 The Honorable Nathan Deal Governor of Georgia 203 State Capitol Atlanta, Georgia 30334 The State Senate Atlanta, Georgia 30334 MONDAY, JANUARY 14, 2013 21 Dear Governor Deal, Please accept this letter as my resignation from the Georgia State Senate, District 14, effective 9:30 a.m. on January 8th. It has been an honor to serve the people of the 14th district since 1980. I look forward to continuing in service to the Board of Regents. Please continue to call on me whenever I may be of service to you. Sincerely, /s/ George Hooks Senator, 14th District Senator Cecil Staton District 18 421-A State Capitol Atlanta, GA 30334 Committees: Appropriations Banking and Financial Institutions Assignments Finance Reapportionment and Redistricting Rules Transportation The State Senate Atlanta, Georgia 30334 MAJORITY WHIP January 10, 2013 Mr. Bob Ewing Secretary of Senate 353 State Capitol Atlanta, Georgia 30334 Dear Bob: With this letter I am pleased to announce the appointment of the following Senators as Deputy Whips for the 2013-2014 sessions of the General Assembly. Senator Buddy Carter, Chief Deputy Whip Senator Fran Millar, Senior Deputy Whip Senator-Elect Hunter Hill, Deputy Whip Senator-Elect Burt Jones, Deputy Whip 22 JOURNAL OF THE SENATE I appreciate the willingness of these Senators to serve in this important leadership role for our caucus. Sincerely, /s/ Cecil Staton The following communication from His Excellency, Governor Nathan Deal, was received by the Secretary: Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 January 14, 2013 Mr. Robert F. Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: Please accept this letter as formal notification of my selection of the Honorable Rick Jeffares, the Honorable Charlie Bethel, and the Honorable Bill Jackson as my Floor Leaders in the Georgia State Senate during the 2013 Session of the Georgia General Assembly. Please afford them all due rights and compensation in accordance with these positions. If I can be of further service, please do not hesitate to contact me. Sincerely, /s/ Nathan Deal The following communications were received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 MONDAY, JANUARY 14, 2013 23 Casey Cagle Lieutenant Governor January 14, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: Pursuant to Rule 2-1.1 of the Rules of the Senate, I hereby appoint the following Senators to the Committee on Assignments. Senator Ross Tolleson, District 20 Senator Renee Unterman, District 45 Senator Cecil Staton, District 18 (ex-officio) Senator Butch Miller, District 49 (ex-officio) If I can provide any additional information on this matter, please do not hesitate to contact my office. I appreciate your assistance. Sincerely, /s/ Casey Cagle Lieutenant Governor OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 14, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 24 JOURNAL OF THE SENATE Dear Bob: Attached please find committee assignments for the 2013-2014 legislative session prepared by the Committee on Assignments pursuant to Section 2 of the Rules of the Georgia State Senate. Thank you for your assistance in this matter. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate /s/ David Shafer Senator David Shafer President Pro Tempore /s/ Ronnie Chance Senator Ronnie Chance Majority Leader /s/ Ross Tolleson Senator Ross Tolleson District 20 /s/ Renee Unterman Senator Renee Unterman District 45 Agriculture and Consumer Affairs Wilkinson, John Harper, Tyler Ginn, Frank Heath, Bill Jackson, Lester Orrock, Nan Williams, Tommie Appropriations Hill, Jack Unterman, Renee Golden, Tim Balfour, Don Carter, Buddy Chance, Ronnie Cowsert, Bill Crosby, John D. Davenport, Gail Fort, Vincent Gooch, Steve Heath, Bill Hill, Judson Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary MONDAY, JANUARY 14, 2013 25 Jackson, Bill Miller, Butch Mullis, Jeff Murphy, Jack Seay, Valencia Shafer, David Sims, Freddie Powell Staton, Cecil Tate, Horacena Thompson, Steve Thompson, Curt Tippins, Lindsey Tolleson, Ross Wilkinson, John Williams, Tommie Banking and Financial Institutions Crosby, John D. Stone, Jesse Miller, Butch Balfour, Don Harbison, Ed Jones, Emanuel Mullis, Jeff Staton, Cecil Thompson, Steve Economic Development Ginn, Frank Gooch, Steve Jeffares, Rick Albers, John Beach, Brandon Chance, Ronnie Davis, Hardie Dugan, Mike Jackson, Lester James, Donzella Education and Youth Tippins, Lindsey Wilkinson, John Sims, Freddie Powell Chairman Vice-Chairman Secretary Ex-Officio Chairman Vice-Chairman Secretary Ex-Officio Chairman Vice-Chairman Secretary 26 JOURNAL OF THE SENATE Fort, Vincent Hufstetler, Chuck James, Donzella Millar, Fran Miller, Butch Stone, Jesse Tate, Horacena Ethics Jeffares, Rick Crosby, John D. Butler, Gloria Davis, Hardie Jackson, Bill Ligon, Jr., William McKoon, Josh Miller, Butch Stone, Jesse Thompson, Curt Finance Hill, Judson Golden, Tim Hill, Hunter Albers, John Balfour, Don Chance, Ronnie Davis, Hardie Heath, Bill Hill, Jack Shafer, David Thompson, Steve Government Oversight Heath, Bill Dugan, Mike Bethel, Charlie Beach, Brandon Henson, Steve Orrock, Nan Seay, Valencia Wilkinson, John Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary Ex-Officio Chairman Vice-Chairman Secretary MONDAY, JANUARY 14, 2013 27 Health and Human Services Unterman, Renee Balfour, Don Millar, Fran Butler, Gloria Carter, Buddy Henson, Steve Hufstetler, Chuck Jackson, Lester Ligon, Jr., William Orrock, Nan Shafer, David Higher Education Cowsert, Bill McKoon, Josh Jones, Burt Carter, Buddy Davis, Hardie Golden, Tim Jackson, Lester Orrock, Nan Staton, Cecil Insurance and Labor Golden, Tim Shafer, David Hill, Judson Bethel, Charlie Harbison, Ed Jones, Burt McKoon, Josh Ramsey, Sr., Ronald Unterman, Renee Interstate Cooperation Davis, Hardie Sims, Freddie Powell Jones, Emanuel Fort, Vincent Harbison, Ed Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary 28 JOURNAL OF THE SENATE Judiciary McKoon, Josh Crosby, John D. Bethel, Charlie Carter, Jason Cowsert, Bill Fort, Vincent Ligon, Jr., William Stone, Jesse Tippins, Lindsey Chairman Vice-Chairman Secretary Judiciary Non-Civil Stone, Jesse Ligon, Jr., William Thompson, Curt Bethel, Charlie Crosby, John D. Fort, Vincent Hill, Hunter McKoon, Josh Ramsey, Sr., Ronald Chairman Vice-Chairman Secretary Ex-Officio Natural Resources and the Environment Tolleson, Ross Jeffares, Rick Cowsert, Bill Ginn, Frank Gooch, Steve Harper, Tyler Henson, Steve Hill, Jack Sims, Freddie Powell Thompson, Curt Williams, Tommie Chairman Vice-Chairman Secretary Public Safety Carter, Buddy Albers, John Loudermilk, Barry Butler, Gloria Harper, Tyler Jackson, Bill Murphy, Jack Seay, Valencia Chairman Vice-Chairman Secretary MONDAY, JANUARY 14, 2013 29 Reapportionment and Redistricting Balfour, Don Bethel, Charlie Tate, Horacena Chance, Ronnie Fort, Vincent Harbison, Ed Henson, Steve Hill, Hunter Jackson, Bill Shafer, David Staton, Cecil Williams, Tommie Regulated Industries and Utilities Murphy, Jack Ginn, Frank McKoon, Josh Chance, Ronnie Harbison, Ed Henson, Steve Hill, Judson Hill, Jack Jeffares, Rick Jones, Burt Lucas, Sr., David Shafer, David Staton, Cecil Unterman, Renee Retirement Millar, Fran Jones, Emanuel Crane, Mike Harper, Tyler Lucas, Sr., David Sims, Freddie Powell Rules Mullis, Jeff Tolleson, Ross Jackson, Bill Butler, Gloria Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary Ex-Officio Ex-Officio Ex-Officio Chairman Secretary Chairman Vice-Chairman Secretary 30 JOURNAL OF THE SENATE Chance, Ronnie Gooch, Steve Henson, Steve Hill, Jack Hill, Judson Millar, Fran Miller, Butch Murphy, Jack Shafer, David Staton, Cecil Tate, Horacena Unterman, Renee Ex-Officio Ex-Officio Ex-Officio Ex-Officio Ex-Officio Ex-Officio Science and Technology Loudermilk, Barry Beach, Brandon Carter, Jason Hufstetler, Chuck Seay, Valencia Chairman Vice-Chairman Secretary Special Judiciary Thompson, Curt Ramsey, Sr., Ronald Davenport, Gail Carter, Jason Crane, Mike James, Donzella Jones, Emanuel Chairman Vice-Chairman Secretary State and Local Governmental Operations Ligon, Jr., William Hufstetler, Chuck Hill, Hunter Butler, Gloria Crane, Mike James, Donzella Tate, Horacena Chairman Vice-Chairman Secretary MONDAY, JANUARY 14, 2013 31 State Institutions and Property Albers, John Jones, Burt Dugan, Mike Crane, Mike Davenport, Gail Jackson, Bill Lucas, Sr., David Transportation Gooch, Steve Miller, Butch Beach, Brandon Carter, Jason Chance, Ronnie Loudermilk, Barry Thompson, Steve Tippins, Lindsey Tolleson, Ross Williams, Tommie Urban Affairs Ramsey, Sr., Ronald Henson, Steve Butler, Gloria Carter, Jason Davenport, Gail Fort, Vincent Jackson, Lester Lucas, Sr., David Orrock, Nan Tate, Horacena Veterans, Military and Homeland Security Harbison, Ed Hill, Hunter Loudermilk, Barry Davenport, Gail Dugan, Mike Jones, Emanuel Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary Chairman Vice-Chairman Secretary 32 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams The President announced the next order of business was the election of the President Pro Tempore. Senator Chance of the 16th nominated Senator Shafer of the 48th as President Pro Tempore. Senator Henson of the 41st seconded the nomination. Senator Chance of the 16th asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for Senator David Shafer; the consent was granted. There was no objection and Senator Shafer of the 48th was elected President Pro Tempore. The President appointed Senators Chance, Henson and Jackson of the 24th as a committee of escort. The President asked the Sergeant at Arms and the committee of Escort to escort Senator Shafer of the 48th to the Well of the Senate, where he addressed the Senate briefly. MONDAY, JANUARY 14, 2013 33 The President announced the next order of business was the election of the Secretary of the Senate. Senator Staton of the 18th nominated the Honorable Bob Ewing as Secretary of the Senate. Senator Fort of the 39th seconded the nomination. Senator Chance of the 16th asked unanimous consent that the nominations be closed and that the Assistant Secretary be instructed to cast the vote of the entire body for Honorable Bob Ewing. The consent was granted, and the Honorable Bob Ewing was declared duly elected Secretary of the Senate. The President administered the following oath of office to Bob Ewing, Secretary of the Senate: "I do hereby solemnly swear or affirm that I will discharge my duties faithfully and to the best of my skill and knowledge. So help me God." The President announced the next order of business was the election of the Sergeant at Arms of the Senate. Senator Miller of the 49th nominated John Long as Sergeant at Arms of the Senate. Senator Tate of the 38th seconded the nomination. Senator Chance of the 16th asked unanimous consent that the nominations be closed and the Secretary be instructed to cast the vote of the entire body for John Long as Sergeant at Arms of the Senate. The consent was granted, and John Long was declared duly elected Sergeant at Arms of the Senate. Senator Chance of the 16th moved that the following resolution be engrossed: SR 1. By Senators Chance of the 16th, Shafer of the 48th and Henson of the 41st: A RESOLUTION adopting the Rules of the Senate; and for other purposes. On the motion to engross, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Harper Y Heath N Henson Y Hill, H Y Mullis Y Murphy N Orrock N Ramsey 34 JOURNAL OF THE SENATE N Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller N Seay Y Shafer N Sims Y Staton Y Stone N Tate N Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson N Williams On the motion, the yeas were 35, nays 19; the motion prevailed, and SR 1 was engrossed. Senator Chance of the 16th moved that the following resolution be engrossed: SR 4. By Senators Shafer of the 48th, Chance of the 16th and Henson of the 41st: A RESOLUTION relative to officials, employees and committees in the Senate; and for other purposes. On the motion to engross, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel N Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman MONDAY, JANUARY 14, 2013 35 Y Ginn Y Golden Y Gooch N Harbison N Lucas Y McKoon Y Millar Y Miller Vacant Y Wilkinson Williams On the motion, the yeas were 36, nays 18; the motion prevailed, and SR 4 was engrossed. The following resolution was read and put upon its adoption: SR 1. By Senators Chance of the 16th, Shafer of the 48th and Henson of the 41st: A RESOLUTION Adopting the Rules of the Senate; and for other purposes. BE IT RESOLVED BY THE SENATE that the Rules of the Senate in effect at the adjournment of the 2012 Regular Session of the General Assembly are hereby adopted as the Rules of the Senate for the 2013 Regular Session and for the duration of this General Assembly, with the following amendments: SECTION 1. Said rules are amended by revising Rule 1-1.2 as follows: "1-1.2 President Pro Tempore (a) A President Pro Tempore shall be elected by the Senate from among its members by a majority of the Senators voting, provided the total vote constitutes a quorum. The President Pro Tempore shall act as President in case of the temporary disability of the President of the Senate. In case of the death, resignation, or permanent disability of the President of the Senate or in the event of the succession of the President of the Senate to the executive power, the President Pro Tempore shall become President of the Senate and shall receive the same compensation and allowances as the Speaker of the House of Representatives. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. (Ga. Const., art. III, sec. III, par. I.) (b) Whenever from any cause the President of the Senate shall be absent, the President Pro Tempore shall preside. If both shall be absent, and no presiding officer shall have been designated pursuant to paragraph (c) of this rule, the Secretary of the Senate shall call the Senate to order and shall preside until the election of an acting presiding officer, which said election shall be the first business of the Senate. The acting presiding officer shall preside until the return of one of the first named officers, at which time his or her functions shall cease. (c) The President of the Senate may, during a day's session, name the President Pro Tempore or, in the absence of the President Pro Tempore, a Senator the designee of the President to perform the duties of the Chair during any part of that day, but no longer. 36 JOURNAL OF THE SENATE (d) While presiding, or in the absence of the President of the Senate, the President Pro Tempore shall have the same powers and duties as the President of the Senate. (O.C.G.A. 28-1-6) (e) The term of office shall be the time for which the members of the Senate are elected and until their successors are elected." SECTION 2. Said rules are further amended by revising paragraph (b) of Rule 1-2.2 as follows: "(b) All Senate Conference Committee members shall be excused from voting during meetings of the Conference Committee. The excuse shall be entered in the Journal if the Conference Committee member notifies the Secretary of the actual time of the meeting before leaving and after returning to the Chamber." SECTION 3. Said rules are further amended by revising Rule 1-2.3 as follows: "1-2.3 Seating in the Senate Chamber (a) Senators elected to the following offices shall choose their Senate seats in the order listed below: President Pro Tempore Majority Leader Minority Leader All Senators who have more than 20 years of continuous service in the Senate shall select their seat in the order of seniority. Majority Whip Minority Whip One Administration Floor Leaders Leader Chairman of the Rules Committee Two seats chosen by the Majority Whip for Deputy Whips One seat chosen by the Minority Whip for Deputy Whip (b) All other Senators shall be seated by district number in ascending numerical order commencing with the lowest permanently numbered available seat. (c) Only on the first day of the first regular session of a General Assembly and at no other time, any two members may, by mutual agreement communicated in writing to the Secretary of the Senate, exchange with each other the seats which would otherwise be assigned to them under this rule. (d) If a Senator listed in paragraph (a) of this rule resigns his or her position or loses his or her title, the successor to such position or title shall assume that member's seat in the chamber for the duration of the term at the sole option of such successor." SECTION 4. Said rules are further amended in Rule 1-4.4 by adding a new paragraph (c) to read as follows: MONDAY, JANUARY 14, 2013 37 "(c)(1) As used in this paragraph, the term 'gift' means anything of economic value for which no consideration is given and that is unrelated to a Senator's nonpublic business or charitable activities; provided, however, that such term does not include anything that the Senator is required by law to report in compliance with campaign finance disclosure laws. (2) No Senator shall accept any gift, other than those specified in subparagraph (3) of this paragraph, with a value in excess of $100.00 from a registered lobbyist or a single gift from a group of registered lobbyists with a value in excess of $100.00. (3) The following items may be accepted from a registered lobbyist or group of registered lobbyists without regard to the limit established by subparagraph (2) of this paragraph: (A) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (B) Food, beverages, or event registration or admission made available to all members of the General Assembly, the Senate, or any caucus, committee, or subcommittee of such bodies or provided at activities to which said members are invited; (c) Actual and reasonable expenses for admission, registration, food, beverages, travel, and lodging attributed to participating in events, seminars, or educational programs sponsored by or in conjunction with a civic, charitable, governmental, educational, professional, community, or business organization or institution where attendance is related to the Senator's official duties; (D) Promotional items generally distributed to the general public or to public officers; (E) Unsolicited items temporarily loaned to the Senator for the purpose of testing, evaluation, or review, if the Senator has no personal beneficial interest in the eventual acquisition of the item loaned; and (F) Informational material, publications, memberships, or subscriptions related to the Senator's performance of his or her official duties. (4) Any complaints or presumed violations of this paragraph shall be subject to Rule 1-4.10 and review and action by the Senate Ethics Committee. Return of items, donation of items, or full or partial refund of any gift exceeding the limits of this paragraph within 30 days of notification by the Senate Ethics Committee shall raise a presumption that no further committee action is required. (5) Nothing in this paragraph shall abrogate or limit paragraph (b) of this Rule. (6) Nothing in this paragraph is intended to relieve any Senator from compliance with any statute now or hereafter in force regarding financial reporting requirements. (7) Upon certification to the Secretary of the Senate by the Chairman of the Senate Ethics Committee that a statute has been enacted providing for limitation of lobbyist gifts, this paragraph shall automatically be repealed." SECTION 5. Said rules are further amended by revising Rule 1-4.10 as follows: 38 JOURNAL OF THE SENATE "1-4.10 Ethics Complaints (a)(1) A complaint shall be initiated by the filing of a statement alleging a violation of any section of Part Four of Section One of these Rules may only be brought by a Senator or Senate staff, aides, or interns. Such complaint shall be initiated by filing a complaint with the Secretary of the Senate specifically describing the nature of the alleged violation and the party or parties involved and shall be signed by the complainant and verified under oath. If a person who the complainant is directly supervised by the Secretary of the Senate and he or she has a complaint against the Secretary of the Senate, then such complaint may shall be filed with the President Pro Tempore. A complaint may be brought only by any Senator or Senate staff, aides, interns and volunteers. The complaint shall specifically describe the nature of the alleged violation and the party or parties involved and shall be signed by the complainant and verified under oath. The Secretary of the Senate, or the President Pro Tempore, person receiving such complaint shall maintain the original complaint in confidence and shall promptly refer deliver a copy of the complaint to the Chairman of the Committee on Ethics, who shall schedule a meeting of the Committee to investigate the complaint utilizing in-house staff and counsel and investigators as the Committee deems necessary. unless the subject of the complaint is the Chairman of the Committee and in such event such complaint shall be delivered to the Vice Chairman of the Committee on Ethics who shall oversee all matters pertaining to such complaint and shall act as Chairman of the Committee on Ethics for such complaint. The Committee on Ethics (hereinafter in this Rule "the Committee") shall promptly serve the named respondent with a copy of the complaint by personal service or by certified mail, return receipt requested, or electronically if agreed to by the respondent. If the Chairman of the Committee on Ethics is the subject of the complaint, then the Chairman shall recuse himself or herself and such proceedings of the Committee regarding such complaint shall be overseen in their entirety by the Vice-Chairman of the Committee. The Committee shall promptly serve the named respondent with a copy of the complaint. Service of such complaint shall be by personal service or by certified mail, return receipt requested. (2) Any complaint under Part 6 of Article 2 of Chapter 10 of Title 45 of the O.C.G.A. shall be brought, filed, and served as provided in said part. (b) The Committee may also initiate an ethics investigation on its own initiative by majority vote of the Committee. Within If the Committee issues a complaint, it shall do so within a reasonable time following the Committee's initiation of such investigation, however, by a majority of the Committee shall sign signing a complaint that specifically describes the nature of the alleged violation and the party or parties involved. The Committee shall promptly serve the named respondent with a copy of the complaint and service of such complaint shall be by personal service or by certified mail, return receipt requested, or electronically if agreed to by the respondent. (c) Any complaint brought by or before the Committee and all records and information related to such complaint shall remain confidential until the Committee has determined that substantial cause exists reasonable grounds to believe that a violation of Part Four MONDAY, JANUARY 14, 2013 39 of Section One of these Rules or any violation of Part 6 of Article 2 of Chapter 10 of Title 45 of the O.C.G.A. occurred. If the Committee determines that substantial reasonable cause to believe that such violation does not exist that a violation occurred, the complaint and all records and information related to such complaint shall remain confidential. (d) After the Chairman receives a complaint, either pursuant to this Rule or pursuant to Code Section 45-10-91, the Committee or a subcommittee thereof appointed by the Chairman shall preliminarily investigate the complaint. (d)(e) Upon completion of an a preliminary investigation, which shall include an assessment of jurisdiction, the individuals conducting the investigation shall prepare a written report detailing the investigation their findings and shall present such report to the members of the Committee. Such report shall remain confidential except as provided in paragraph (c). The Committee shall determine whether it has jurisdiction over the complaint. If the Committee determines it does not have jurisdiction over the complaint, it shall dismiss the complaint with written notice to the complainant and respondent and such matter shall remain confidential except as provided in paragraph (c). If the Committee dismisses the complaint for lack of jurisdiction, it may proceed pursuant to paragraph (b). If the Committee determines it has jurisdiction, but If the Committee does not find that evidence exists to provide substantial cause to determine that a violation has occurred reasonable grounds to believe that a violation of Part Four of Section One of these Rules or any violation of Part 6 of Article 2 of Chapter 10 of Title 45 of the O.C.G.A. occurred, it shall dismiss the complaint with written notice to the complaining party complainant and the respondent and such matter shall remain confidential. If the Committee determines it has jurisdiction and finds substantial cause to determine that a violation has reasonable grounds to believe that a violation of Part Four of Section One of these Rules or any violation of Part 6 of Article 2 of Chapter 10 of Title 45 of the O.C.G.A. occurred, the Committee may negotiate a settlement with the respondent or set the matter for a hearing. (e)(f) Any negotiated settlement shall be a matter of public record and shall be filed with the Secretary of the Senate. (g) If no a negotiated settlement is not reached, the Committee will hold open hearings, taking any relevant evidence that addresses the charges complaint. The Committee may require the attendance and testimony of witnesses and the production of materials which the Committee deems advisable and may administer oaths and affirmations. The respondent shall receive reasonable notice of any hearing and shall be entitled to receive within a reasonable time before the hearing copies of all material before the Committee that is not otherwise exempt from disclosure under the Georgia Open Records Law Article 4 of Chapter 18 of Title 50 of the O.C.G.A.; to secure counsel of his or her choosing; and to examine any witnesses who may be called by the Committee to appear at any hearing. The respondent shall also have the right to call witnesses and present evidence at any hearing. The Committee shall assure that all hearings are recorded. The Committee shall have the burden of proof. Both the Committee and the respondent shall be entitled to rebuttal. Upon completion of such hearing, the 40 JOURNAL OF THE SENATE Committee shall issue a report of its findings and recommendations of action. The Committee's report and recommended action shall be a matter of public record and shall be filed with the Secretary of the Senate. (f)(h) The Committee on Ethics must find "clear and convincing evidence" in order to conclude that a violation of Part Four of Section One of these Rules or a violation of Part 6 of Article 2 of Chapter 10 of Title 45 of the O.C.G.A. has occurred. (g)(I) If the Committee on Ethics finds a Senator in violation of Part Four of Section One of these Rules or of Part 6 of Article 2 of Chapter 10 of Title 45 of the O.C.G.A., it may recommend to the Senate a sanction or penalty including a letter of reprimand, to the Senate or any penalty set forth in the Georgia Constitution under Article III, Section IV, Paragraph VII. The Senate may independently initiate action against a Senator pursuant to the Georgia Constitution, art. III, sec. IV, par. VII. (h)(j) If the Committee on Ethics finds a Senate staff member, aide, intern or volunteer in violation of Part Four of Section One of these Rules, it may recommend a sanction or penalty, up to and including dismissal, to the Administrative Affairs Committee. The Administrative Affairs Committee may implement the recommendation of the Committee on Ethics or take alternate action, including dismissing the complaint, issuing a lesser penalty or issuing a harsher penalty than that recommended by the Committee on Ethics. (i)(k) Persons who report to the Committee on Ethics regarding an alleged violation of Part Four of Section One of these Rules, or any other government entity regarding such violation, shall not be subjected to reprisal, retaliation, harassment, discrimination, or ridicule by Senators or staff, nor shall the confidentiality provisions contained herein be abridged." SECTION 6. Said rules are further amended by revising paragraph (a) of Rule 1-5.1 as follows: "(a) All sessions of the Senate and all meetings of Senate committees shall be open to the public, except by a majority vote of a quorum of a committee or subcommittee, a. A meeting may be closed to the public when the committee or subcommittee is: (1) discussing Discussing the future acquisition of real estate,; (2) discussing Discussing the appointment, employment, or dismissal of a public officer or employee or disciplinary action against such officer or employee,; or (3) hearing Hearing complaints or charges brought against a public officer or employee, unless the such officer or employee requests that the meeting be open to the public or a hearing is required to be open pursuant to paragraph (g) of Rule 14.10." SECTION 7. Said rules are further amended by revising Rule 2-1.1 as follows: "2-1.1 Committee on Assignments The Committee on Assignments shall be composed of the President of the Senate, President Pro Tempore of the Senate, the Majority Leader, the Majority Caucus MONDAY, JANUARY 14, 2013 41 Chairperson, the Majority Whip, the Majority Caucus Vice-Chair, the Majority Caucus Secretary, and two Senators appointed by the President of the Senate. The President Pro Tempore of the Senate or his designee shall serve as Chair of the committee. The Chair shall vote only to break a tie. Actions of this committee shall be reported to the Senate by the committee chairperson as necessary. The meetings of this committee shall be closed to the public." SECTION 8. Said rules are further amended by revising Rule 2-1.2 as follows: "2-1.2 Committee on Administrative Affairs There shall be a Committee on Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Majority Leader, the Minority Leader, the Secretary of the Senate, and three members appointed by the President of the Senate. This Committee shall have the responsibility of employing, supervising, disciplining, and setting the compensation of all aides, secretaries, and other personnel for the Senate, including the Senate Budget and Evaluation, Senate Press, and Senate Research offices. The Committee shall supervise the purchase and allotment of supplies for the Senate. This Committee shall also supervise and approve all out-of-state travel of members of the Senate and staff. The Committee shall be chaired by the President Pro Tempore or his or her designee." SECTION 9. Said rules are further amended by revising Rule 2-1.3 as follows: "2-1.3 Standing Committees; Number of Members (a) The Committee on Assignments shall appoint standing committees and the maximum number of Senators which may serve on that committee as follows: AGRICULTURE AND CONSUMER AFFAIRS - 7 APPROPRIATIONS - 30 BANKING AND FINANCIAL INSTITUTIONS - 10 ECONOMIC DEVELOPMENT - 12 EDUCATION AND YOUTH - 10 ETHICS - 13 FINANCE - 10 GOVERNMENT OVERSIGHT - 11 HEALTH AND HUMAN SERVICES - 13 HIGHER EDUCATION - 9 INSURANCE AND LABOR - 9 INTERSTATE COOPERATION - 5 JUDICIARY - 11 JUDICIARY, NON-CIVIL - 11 NATURAL RESOURCES AND THE ENVIRONMENT - 11 PUBLIC SAFETY - 8 REAPPORTIONMENT AND REDISTRICTING - 15 42 JOURNAL OF THE SENATE REGULATED INDUSTRIES AND UTILITIES - 1011 RETIREMENT - 7 RULES - 14 SCIENCE AND TECHNOLOGY - 5 SPECIAL JUDICIARY - 9 STATE AND LOCAL GOVERNMENTAL OPERATIONS - 7 STATE INSTITUTIONS AND PROPERTY - 7 TRANSPORTATION - 10 URBAN AFFAIRS - 11 VETERANS, MILITARY AND HOMELAND SECURITY - 6 (b) The above limitations shall not apply when the Committee on Assignments appoints a Senator to committees if that Senator was duly elected in a special election." SECTION 10. Said rules are further amended by revising Rule 2-1.6 as follows: "2-1.6 Committee Reports (a) All reports of a committee shall be in writing, and the minority of a committee, signed by any member, may make a report in writing, setting forth succinctly the reasons for their dissent. Notice of a Minority Report must be given when the Majority Report is read and shall be recorded in the Journal of the Senate. A Minority Report must be filed with the Secretary of the Senate before the third reading and consideration of the bill or resolution dissented to and shall also become a part of the official record of the Senate. (b) If the report of a committee is favorable to the passage of a General bill or resolution, the same shall be given a second reading without question, and any Local bill or resolution shall be placed on the Local Consent Calendar." SECTION 11. Said rules are further amended by revising paragraph (b) of Rule 2-1.10 as follows: "(b) The Committee on Rules may refer any bill or resolution before it on the General Calendar back to the committee which has reported out such bill or resolution or to any other committee selected by the Committee on Rules." SECTION 12. Said rules are further amended by adding a new Rule 2-1.11 to read as follows: "2-1.11 Audit Subcommittee of Rules The Senate Rules Committee shall designate in writing an audit subcommittee to examine and review, not less than once every two months, legislative expenditures, including all vouchers submitted by members of the Senate, as provided for in subsection (e) of Code Section 28-1-8, for which the members have received payment. The subcommittee is authorized to issue reports of its examination and review." MONDAY, JANUARY 14, 2013 43 SECTION 13. Said rules are further amended by adding a new Rule 2-1.12 to read as follows: "2-1.12 Enrolling and Journals Subcommittee of the Senate The Senate Rules Committee shall be the Subcommittee of the Senate on Enrolling and Journals and shall certify by signature of the Chairman that all engrossed and enrolled Senate legislation has been properly prepared." SECTION 14. Said rules are further amended by revising paragraph (a) of Rule 2-3.1 as follows: "(a) Each Senator shall be appointed to serve on four standing committees provided for in this Rule. and no more; except that: (1) Membership on the Committee on Assignments or the Committee on Administrative Affairs shall not count as one of the four committees.; (2) Membership on the Committee on Ethics, the Committee on Government Oversight, the Committee on Urban Affairs, and the Committee on Reapportionment and Redistricting, and the Committee on Interstate Cooperation (which is created by law) shall not count as one of the four committees, except that the Chairmen of these committees shall count the committee as one of his or her four committees.; and (3) Membership on a nonstanding committee shall not count as one of the four committees." SECTION 15. Said rules are further amended by revising Rule 2-4.2 as follows: "2-4.2 Votes by Proxy and Abstentia Abstention Prohibited - Exemption No member of any committee shall be allowed to vote by proxy; however, committee participation and vote via video conference or teleconference may be allowed at the discretion of the Chair in cases of military service. Members may not abstain from voting unless the member or any member of the Senator's immediate family has a direct pecuniary interest in the result of such vote which interest is distinct, unique or peculiar to the Senator or the Senator's immediate family." SECTION 16. Said rules are further amended by revising paragraph (b) of Rule 2-8.3 as follows: "(b) All Committee of Conference reports shall be printed and distributed to the Senators one hour prior to consideration of the same, except that after the thirty-ninth (39th) day of any regular session the same may be dispensed with by a two-thirds (2/3) vote of all the members elected to the Senate on the legislative day prior to consideration of the same during the first thirty-five (35) days of any regular session. During the thirty-sixth (36th) through the fortieth (40th) days of any regular session, such reports shall be printed and distributed to the Senators at least one (1) hour prior to consideration of the same." 44 JOURNAL OF THE SENATE SECTION 17. Said rules are further amended by revising Rule 2-8.4 as follows: "2-8.4 Time Limit; Discharge; Appointment of New Members After a Committee of Conference has been in existence for five (5) days and has failed to make a report to the Senate on the question under consideration, the Senate, on motion and by a majority vote of all members elected to the Senate, may discharge the Senate conferees and appoint new conferees shall be appointed as provided in Rule 28.1, instruct said Senate conferees, or make any other motion not contrary to the Rules of the Senate.; Provided, provided that, during the last five (5) days of the session, the above motions may be made and passed at any time, but not more often than every twenty-four hours." SECTION 18. Said rules are further amended by revising Rule 3-1.3 as follows: "3-1.3 Distribution of Bills The Secretary of the Senate shall, as soon as possible after any bill or resolution is filed in his or her office, print for distribution and release a copy thereof to the internet. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recommendation that it do pass as amended, the Secretary of the Senate shall print for distribution and release a copy thereof to the internet. No bill or resolution of general application shall be placed for passage unless copies of the same and any committee amendments shall have been printed and placed in each Senator's calendar book prior to consideration for passage. The Senate may at any time by the vote of a majority of those voting, provided the total vote constitutes a quorum, suspend action upon any pending bill or resolution of general application until all amendments offered on the floor of the Senate shall have been printed and distributed to the Senators." SECTION 19. Said rules are further amended by revising Rule 3-1.8 as follows: "3-1.8 Failed Bills; Prohibition Against Being Proposed Again Reintroduction No bill or resolution intended to have the effect of law which shall have been rejected by either house shall again be proposed during the same regular or special session under the same or any other title without the consent of two-thirds of the house by which the same was rejected. (Ga. Const., art. III, sec. V, par. XII.)" SECTION 20. Said rules are further amended by revising paragraph (a) of Rule 4-2.1 as follows: "(a)1. Report of the Committee on the Journal. 2. Reading of the Journal. 3. Motions to Reconsider. 4. Confirmation of the Journal. 5. Introduction of Bills and Resolutions. MONDAY, JANUARY 14, 2013 45 6. First Reading and Reference of Senate Bills and Resolutions. 7. First Reading and Reference of House Bills and Resolutions, which shall also be in order at any later time when no other business is pending. 8. Reports of Standing Committees. 9. Second Reading of General Bills and Resolutions. 10. Call of the Roll. 11. Recitation of the Pledge of Allegiance to the flag of the United States. 12. Recitation of the Pledge of Allegiance to the flag of Georgia. 13. Prayer of the Chaplain. 14. Unanimous Consents. 15. Points of Personal Privilege. 1516. Adoption of Privileged Resolutions. 1617. Motions to withdraw bills or resolutions from one committee and commit to another committee. 1718. Passage of Local Uncontested Bills and Resolutions, which shall also be in order at any later time when no other business is pending. 1819. Consideration of Local Contested Bills and Resolutions, which shall also be in order at any later time when no other business is pending. 1920. General Consent Calendar for Commemorative Resolutions. 2021. Motions to Engross. 2122. Third Reading and Consideration of General Bills and Resolutions. 22. Points of Personal Privilege." SECTION 21. Said rules are further amended by revising paragraph (a) of Rule 4-2.3 as follows: "(a) It shall be the duty of the Chairman of the Committee on Rules Subcommittee of the Senate on Enrolling and Journals or his or her designee to read the Journal of each day's proceedings, and report to the Senate that the same is correct before the Journal is read by the Secretary." SECTION 22. Said rules are further amended by revising paragraph (b) of Rule 4-2.4 as follows: "(b) Before reading any bill or resolution the second or third time, the Secretary of the Senate shall distinctly state its number and the name of the Senator(s) Senator or Senators by whom introduced.; Provided provided, that the General Appropriations Bill and any supplemental appropriations bills shall have precedence on third reading over all other matters, even Special Orders, until final disposition of the said bills. Also and further provided, that appropriations bills shall be exempt from the previous day distribution requirement of paragraph (b) of Rule 2-8.3 and the notice provision of paragraph (b) of Rule 7-1.10." SECTION 23. Said rules are further amended by revising paragraph (c) of Rule 4-2.8 as follows: 46 JOURNAL OF THE SENATE "(c) Before the time the General Consent Calendar for Commemorative Resolutions is put to a vote, if a member of the Senate objects in writing to the inclusion of any bill on the General Consent Calendar for Commemorative Resolutions, the general resolution on which the objection is made shall then be voted on separately and shall be the next order of business placed at the bottom of the calendar of bills of general application then in order for a third reading." SECTION 24. Said rules are further amended by revising paragraph (b) of Rule 6-3.2 as follows: "(b) A motion to lay on the table or to take from the table may be renewed from time to time when new after progress in debate or further business has intervened." SECTION 25. Said rules are further amended by revising paragraph (b) of Rule 6-6.1 as follows: "(b) No motion shall be in order to commit a bill or resolution on the Rules calendar until the bill or resolution has been read a third time. When a motion is made to recommit legislation carried over from an odd-numbered year which is on the consideration calendar for the first day of the even-numbered year, there is no third reading requirement." SECTION 26. Said rules are further amended by revising paragraph (b) of Rule 6-7.1 as follows: "(b) When the Journal of the preceding day is read, any Senator may move for reconsideration of any matter therein contained, except such matter that has been previously reconsidered or transmitted to the House of Representatives. If no motion is made after service of notice or a motion to reconsider being made is lost, legislation having passed the Senate shall be immediately transmitted to the House of Representatives." SECTION 27. Said rules are further amended by adding a new paragraph to Rule 6-8.4 to read as follows: "(c) Division of a question may not be used to secure separate votes on separate parts of a bill, substitute, or Conference Committee Report under consideration." SECTION 28. Said rules are further amended by revising the caption to Rule 6-9.1 as follows: "6-9.1 Motion to Engross upon First Reading or Third Reading" SECTION 29. Said rules are further amended by revising paragraph (b) of Rule 7-1.6 as follows: "(b) However, when the Senate adopts a substitute to any bill or resolution other than one offered by the committee from which the bill was last reported, passage of the bill MONDAY, JANUARY 14, 2013 47 shall be suspended at that time. The bill shall then be placed at the top of the Calendar of the next meeting day of the Senate, at which time the previously adopted substitute shall stand automatically reconsidered and the substitute and the bill shall be before the Senate for consideration and passage. On and after the fifth (5th) legislative day of any regular session, the adopted substitute and bill shall be placed on the General Calendar, subject to being placed on the Rules Calendar by the Rules Committee. Any amendment offered by a Senator which contains more than three pages or is more than one-half the length, by lines or words, of the document which it amends (whichever is less) shall be treated as a substitute for the purposes of this subsection. The amendment length provisions listed above shall not apply to either the Supplemental or General Appropriations Bills or Special Action motions as listed in Rule 7-1.10." SECTION 30. Said rules are further amended by adding a new paragraph to Rule 7-1.6 to read as follows: "(d) An amendment or series of amendments offered 'in the nature of a substitute' for the purpose of circumventing paragraph (b) of this rule shall be out of order. This determination shall be made by the President. The provisions of this rule shall not apply to either the Supplemental or General Appropriations Bills." SECTION 31. Said rules are further amended by revising Rule 7-1.7 as follows: "7-1.7 Amendments to the Title of a Bill or Resolution The title of a bill or resolution shall not be considered or amended until the measure has been perfected Whenever amendments are prepared to a bill or resolution that call for amendments to the title, the amendments must contain the necessary title amendments." SECTION 32. Said rules are further amended by revising paragraph (b) of Rule 7-1.10 as follows: "(b) Upon a motion by any Senator, a Special Order or a Special Order Resolution may be taken up by the Senate at any time following the conclusion of the current business before the Senate; provided, that, during the first thirty-five (35) days of any regular session, before any motion specified in paragraph (a) of this rule may be made respecting action taken by the House which requires a recorded vote for passage, notice of intention to so move must have been given to the Senate during the previous legislative day." SECTION 33. Said rules are further amended by revising paragraph (a) of Rule 10-1.3 as follows: "(a) The Committee on Rules must report changes or additions to Senate Rules submitted to it immediately after the confirmation of the Journal on the legislative day following the introduction in the Senate of the proposed change or addition. A failure to so report such proposed change or addition to these rules within two legislative days 48 JOURNAL OF THE SENATE shall automatically bring said proposed change or addition before the Senate for consideration." SECTION 34. Said rules are further amended by revising Rule 10-1.5 as follows: "10-1.5 Consideration of legislation under Code Section 28-12-3 pursuant to specific statute Any legislation which is introduced pursuant to the statutory requirements of Code Section 28-12-3 of the Official Code of Georgia Annotated shall be considered by the Senate under procedures specified in that Code section the guidelines of the statute." On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Ramsey N Seay Y Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson N Williams On the adoption of the resolution, the yeas were 42, nays 12, and the resolution was adopted. The following resolution was read and put upon its adoption: SR 2. By Senators Shafer of the 48th, Chance of the 16th and Henson of the 41st: A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes. MONDAY, JANUARY 14, 2013 49 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 3. By Senators Shafer of the 48th, Chance of the 16th and Henson of the 41st: 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: Hill of the 6th, Harper of the 7th, Beach of the 21st, Jackson of the 24th, Jones of the 25th, Lucas of the 26th, Dugan of the 30th, and Hufstetler of the 52nd. The President introduced the doctor of the day, Dr. Robert Kaufmann. The following resolution was read and put upon its adoption: SR 4. By Senators Shafer of the 48th, Chance of the 16th and Henson of the 41st: A RESOLUTION relative to officials, employees and committees in the Senate; and for other purposes. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y Mullis Y Murphy Y Orrock Y Ramsey N Seay Y Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Vacant 50 JOURNAL OF THE SENATE Y Golden Y Gooch Y Harbison Y McKoon Y Millar Y Miller Y Wilkinson Williams On the adoption of the resolution, the yeas were 48, nays 5, and the resolution was adopted. The following communication was received by the Secretary: The State Senate Atlanta, Georgia 30334 Senate Resolution 4 My intention was to vote yea. 1/14/13 /s/ David Lucas, Sr. Senator Bethel of the 54th moved to suspend Senate Rule 3-1.2(a) to first read SB 24 and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 24. By Senators Bethel of the 54th, Jeffares of the 17th and Jackson of the 24th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess a provider payment on hospitals for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for rules and regulations; to provide for a segregated account within the Indigent Care Trust Fund; to provide for the use of funds; to provide for repeal unless reauthorized; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. Senator Chance of the 16th moved that the Senate adjourn until 10 a.m. Tuesday, January 15, 2013. The motion prevailed, and the President announced the Senate adjourned at 12:11 p.m. TUESDAY, JANUARY 15, 2013 51 Senate Chamber, Atlanta, Georgia Tuesday, January 15, 2013 Second 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. Senator Carter of the 42nd objected and asked for a clarification on the first reading of Senate Bill 24 on January 14, 2013. The President of the Senate satisfied the inquiry made by Senator Carter of the 42nd, the reading of the Journal was dispensed with, and the Journal was confirmed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 6. By Representative Ralston of the 7th: A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes HR 10. By Representative Ralston of the 7th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. The House has adopted the following Resolution of the House: HR 8. 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. 52 JOURNAL OF THE SENATE The Speaker has appointed as a Committee of Notification on the part of the House the following members: Representatives Coomer of the 14th, Nimmer of the 178th, Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th and Barr of the 103rd. The House has adopted the following Resolution of the Senate: SR 3. By Senators Shafer of the 48th, Chance of the 16th and Henson of the 41st: 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 Carter of the 175th, Hatchett of the 150th, Coomer of the 14th, Rogers of the 29th, Dunahoo of the 30th, Hawkins of the 27th, and Nimmer of the 178th. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 12. 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 15. By Senator James of the 35th: 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 define a certain term; to require ignition interlock devices for a period of time; to provide enhanced penalties for certain offenses; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. TUESDAY, JANUARY 15, 2013 53 SB 16. By Senator James of the 35th: 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 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 17. By Senator James of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to revise certain definitions relating to tuition equalization grants and HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 19. By Senator James of the 35th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to inmate policies, so as to provide that the place of residence for an incarcerated person shall be deemed to be the last established residence of any such person immediately prior to his or her arrest or, if there is no such residence, the county in which he or she was indicted for the offense for which he or she is incarcerated; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 20. By Senator James of the 35th: A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to prohibit employers from requesting credit reports on employees or prospective employees with certain exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. 54 JOURNAL OF THE SENATE SB 21. By Senator James of the 35th: 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 change the ages of mandatory education; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 22. By Senator James of the 35th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the month for determining eligibility ages for participation in educational programs shall be December; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 25. By Senator Staton of the 18th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 26. By Senator Staton of the 18th: A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 27. By Senator Staton of the 18th: A BILL to be entitled an Act to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, so as to TUESDAY, JANUARY 15, 2013 55 provide for the nonpartisan election of the judge of said court; 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. SB 28. By Senator Staton of the 18th: A BILL to be entitled an Act to repeal an Act creating a new charter for Payne City, approved May 16, 2007 (Ga. L. 2007, p. 3555), so as to abolish Payne City; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 29. By Senator Staton of the 18th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the Magistrate Court of Bibb 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 30. By Senator Staton of the 18th: 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4932), so as to provide for the nonpartisan election of members comprising the board of education; 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 31. By Senator Staton of the 18th: A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 56 JOURNAL OF THE SENATE 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), so as to provide for nonpartisan election for the members of such authority; to provide for federal preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 32. By Senator Staton of the 18th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Bibb County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 33. By Senator James of the 35th: 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 certain terms; to prohibit the possession of an assault weapon; to prohibit the possession of an oversize magazine; to prohibit the possession with intent to sell, sale, or transportation of such weapons; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 34. By Senator James of the 35th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to dangerous instrumentalities, so as to define certain terms; to provide that it shall be unlawful for a mentally incompetent person or an addicted person to possess a handgun; to provide that it shall be unlawful to provide a handgun to a mentally incompetent person or an addicted person; to provide that it shall be unlawful to provide a handgun to any person known by the provider of the weapon to be a substantial risk of using the weapon illegally; to provide for penalties; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. TUESDAY, JANUARY 15, 2013 57 SB 35. By Senator James of the 35th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to inmate policies, so as to provide that the place of residence for incarcerated persons shall be deemed to be the last established residence of any such person immediately prior to his or her arrest or, if there is no such residence, the county in which he or she was indicted for the offense for which he or she is incarcerated; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SB 36. By Senators Heath of the 31st and Cowsert of the 46th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials' conduct and lobbyist disclosure, so as to limit the value of gratuitous transfers given to any public official by a lobbyist to $100.00; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 37. By Senators Orrock of the 36th, Tate of the 38th, Davenport of the 44th, Sims of the 12th, Butler of the 55th 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 repeal provisions relating to a physician's obligation in the performance of abortions; to change certain provisions relating to civil and professional penalties for violations of the "Woman's Right to Know Act"; to change certain provisions relating to definitions relative to the "Woman's Right to Know Act"; to provide for other 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 38. By Senators Orrock of the 36th, James of the 35th, Tate of the 38th, Davenport of the 44th, Sims of the 12th and others: 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 58 JOURNAL OF THE SENATE coverage, so as to provide that individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states contain the same state mandated health benefits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 39. By Senators Tate of the 38th, Sims of the 12th, Henson of the 41st, Orrock of the 36th, Lucas of the 26th 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 estimated 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 Finance Committee. SB 40. By Senators Jackson of the 2nd, Henson of the 41st, Tate of the 38th, Harbison of the 15th, Sims of the 12th and others: 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 41. By Senators James of the 35th, Sims of the 12th, Henson of the 41st, Orrock of the 36th, Lucas of the 26th and others: 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 the state sales and use tax, so as to require the commissioner to file a report on the collection of such taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. TUESDAY, JANUARY 15, 2013 59 SB 42. By Senators Seay of the 34th, Fort of the 39th, Tate of the 38th, Harbison of the 15th, Lucas of the 26th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to require that the Quality Basic Education Formula is fully funded by the General Assembly; to state legislative intent that past austerity costs are restored; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 43. By Senators Orrock of the 36th, James of the 35th, Tate of the 38th, Harbison of the 15th, Fort of the 39th and others: A BILL to be entitled an Act to amend Code Section 20-1A-4 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Early Care and Learning, so as to require that Georgia's Pre-K Program include at least 180 school days; to require that all eligible four-yearolds are served; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 44. By Senators Fort of the 39th, Ramsey, Sr. of the 43rd, Tate of the 38th, Butler of the 55th, Lucas of the 26th 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 45. By Senators Henson of the 41st, Ramsey, Sr. of the 43rd, Butler of the 55th, Tate of the 38th, Lucas of the 26th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, so as to change the time periods for advance voting; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. 60 JOURNAL OF THE SENATE SB 46. By Senators Orrock of the 36th, Davis of the 22nd, Tate of the 38th, Harbison of the 15th, Lucas of the 26th 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 state's American Health Benefit Exchange and Small Business Health Options Program Exchange; 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. SB 47. By Senators Fort of the 39th, Henson of the 41st, Tate of the 38th, Sims of the 12th, Lucas of the 26th and others: 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. SB 48. By Senators Henson of the 41st, Tate of the 38th, Fort of the 39th, Orrock of the 36th, Thompson of the 5th 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 prohibit lobbyists from giving gifts in excess of a certain value to public officers; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 49. By Senators Carter of the 42nd, Fort of the 39th, Tate of the 38th, Seay of the 34th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to revise the "Ethics in Government TUESDAY, JANUARY 15, 2013 61 Act"; to change the name of the Georgia Government Transparency and Campaign Finance Commission to the Georgia Ethics Commission; to reconstitute the membership of the commission; to change the appointing authority of the commission; to clarify eligibility of commission members; to change provisions relating to the powers and duties of the commission; to provide a time frame for concluding investigations of alleged violations of the chapter; to provide a funding source for the commission; to remove certain dedications of fees; to amend Title 45 of the O.C.G.A., relating to public officers and employees, so as to correct cross-references; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SR 9. By Senator James of the 35th: A RESOLUTION urging the Department of Economic Development to promote and strengthen mutually beneficial ties with African nations; and for other purposes. Referred to the Economic Development Committee. SR 10. By Senator James of the 35th: A RESOLUTION urging Congress to require the identification of minors boarding domestic flights; and for other purposes. Referred to the Health and Human Services Committee. SR 11. By Senator James of the 35th: 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 12. By Senators Henson of the 41st, Fort of the 39th, Tate of the 38th, Harbison of the 15th, Lucas of the 26th and others: A RESOLUTION urging the Governor to expand Medicaid coverage under the Affordable Care Act; and for other purposes. Referred to the Health and Human Services Committee. 62 JOURNAL OF THE SENATE Senator Jeffares of the 17th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, E Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Not answering were Senators: Jones, B. Williams (Excused) Senator Jones of the 25th 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, Senator Hardie Davis of Gracewood, Georgia, who offered scripture reading and prayer. The following resolution was read and put upon its adoption: HR 8. 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 TUESDAY, JANUARY 15, 2013 63 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: Shafer of the 48th, Chance of the 16th, Henson of the 41st, Jackson of the 24th, Jeffares of the 17th, Bethel of the 54th, Mullis of the 53rd, and Thompson of the 33rd. The following resolution was read and put upon its adoption: HR 10. 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. Serving as the doctor of the day was Dr. Millard Collier. Senator Staton of the 18th moved that the Senate adjourn until 10 a.m. Wednesday, January 16, 2013. The motion prevailed, and the President announced the Senate adjourned at 10:49 a.m. 64 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 16, 2013 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 Senate legislation was introduced, read the first time and referred to committee: SB 4. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of clerks of superior court; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 5. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of district attorneys; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 6. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying WEDNESDAY, JANUARY 16, 2013 65 for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 7. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of county commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 8. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of tax commissioners, tax receivers, and tax collectors; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 9. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of solicitors-general; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 10. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 66 JOURNAL OF THE SENATE SB 11. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties; to provide for rules and regulations; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 13. By Senator Carter of the 1st: 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 require mandatory reporting for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 50. By Senators Henson of the 41st, Ramsey, Sr. of the 43rd, Tate of the 38th, Butler of the 55th, Lucas of the 26th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, so as to change the time periods for advance voting; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 51. By Senator 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 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 WEDNESDAY, JANUARY 16, 2013 67 of energy from customer generators; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 52. By Senator Carter of the 1st: 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 amend a certain definition; to provide that certified peace officers employed by a public entity to perform duties in conjunction with the operation of a public airport shall be eligible for membership in such fund; to provide for credit for prior service; to authorize any such public entity to make contributions to such fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 53. By Senators James of the 35th, Davenport of the 44th and Henson of the 41st: A BILL to be entitled an Act to amend Code Section 16-7-23 of the Official Code of Georgia Annotated, relating to criminal damage to property in the second degree, so as to include security cameras; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SR 6. By Senator McKoon of the 29th: A RESOLUTION proposing an amendment to the Constitution so as to provide for state-wide grand juries; to provide for the jurisdiction, powers, and duties of state-wide grand juries; to authorize the General Assembly to provide by law for procedures for the summoning and empaneling of state-wide grand juries; to provide for a presiding judge; to provide that the Attorney General or his or her designee shall act as the legal adviser and prosecutor for such state-wide grand juries; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. 68 JOURNAL OF THE SENATE SR 7. By Senator McKoon of the 29th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide a fixed sum for funding the Georgia Government Transparency and Campaign Finance 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 Ethics Committee. SR 13. By Senators Jones of the 10th, Henson of the 41st, Tate of the 38th, Carter of the 42nd, Fort of the 39th 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 Ethics Committee. SR 20. By Senators James of the 35th, Davenport of the 44th, Orrock of the 36th and Henson of the 41st: A RESOLUTION requesting that all physicians include autism spectrum disorders screening in all well-child visits no later than 18 months of age; and for other purposes. Referred to the Health and Human Services Committee. Senator Chance of the 16th asked unanimous consent to suspend the Senate Rules to reorder the Order of Business to receive the message from the Chaplain of the day. There was no objection. 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, Pastor Dennis Watson of Fayetteville, Georgia, who offered scripture reading and prayer. At 11:00 a.m. the President announced that the Senate would stand in recess until 11:30 a.m. WEDNESDAY, JANUARY 16, 2013 69 At 11:30 a.m. the President called the Senate to order. The following committee report was read by the Secretary: 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 24 Do Pass by substitute * Sen. Henson filed a Minority Report Respectfully submitted, Senator Murphy of the 27th District, Chairman The following communication was received by the Secretary: Senator Steve Henson District 41 121-B State Capitol Atlanta, GA 30334 Committees: Urban Affairs Administrative Affairs Government Oversight Health and Human Services Natural Resources and the Environment Reapportionment and Redistricting Regulated Industries and Utilities Rules DEMOCRATIC LEADER The State Senate Atlanta, Georgia 30334 To: From: Re: Date: Bob Ewing, Secretary of the Senate Sen. Steve Henson, Democratic Leader Minority Report on SB 24 January 15, 2013 Mr. Secretary, Pursuant to Senate Rule 2-1.6, I hereby give notice that I will introduce a minority report to be read along with the majority report of Senate Bill 24. /s/ Steve Henson Leader, Senate Democratic Caucus 70 JOURNAL OF THE SENATE Senator Chance of the 16th moved to suspend the rules to second read SB 24. There was no objection. The following legislation was read the second time: SB 24 Senator Butler of the 55th asked unanimous consent that Senator Lucas of the 26th be excused. The consent was granted, and Senator Lucas was excused. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harper Heath Henson Hill, H Hill, Jack Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Harbison Hill, Judson Lucas (Excused) The following resolutions were read and adopted: SR 14. By Senator Heath of the 31st: A RESOLUTION recognizing January 17, 2013, "Sportsmen's and Coastal Day at the Capitol"; and for other purposes. WEDNESDAY, JANUARY 16, 2013 71 SR 15. By Senator Carter of the 42nd: A RESOLUTION congratulating poet Natasha Trethewey on receiving the distinguished position of 19th Poet Laureate of the United States; and for other purposes. SR 16. By Senators Seay of the 34th, Davis of the 22nd, Chance of the 16th, Ramsey, Sr. of the 43rd and Davenport of the 44th: A RESOLUTION recognizing and commending Calvin Johnson; and for other purposes. SR 17. By Senators Seay of the 34th, Chance of the 16th, Ramsey, Sr. of the 43rd and Davenport of the 44th: A RESOLUTION recognizing and commending the Sandy Creek High School football team on their 2012 GHSA Class AAAA State Championship; and for other purposes. SR 18. By Senators Seay of the 34th, Chance of the 16th, Ramsey, Sr. of the 43rd and Davenport of the 44th: A RESOLUTION honoring and celebrating the 80th birthday of Louis W. Pointer, Chaplain Colonel (Retired); and for other purposes. SR 19. By Senators Carter of the 1st and Williams of the 19th: A RESOLUTION remembering and honoring the life of Clarence Williams, Sr., and expressing regrets at his passing; and for other purposes. Senator Miller of the 49th introduced the doctor of the day, Dr. R. Philip Marler. Senator Stone of the 23rd asked unanimous consent that the following resolution be withdrawn from the Senate Judiciary Committee and committed to the Senate Judiciary Non-Civil Committee: SR 6. By Senator McKoon of the 29th: A RESOLUTION proposing an amendment to the Constitution so as to provide for state-wide grand juries; to provide for the jurisdiction, powers, and duties of state-wide grand juries; to authorize the General Assembly to provide by law for procedures for the summoning and empaneling of state-wide grand juries; to provide for a presiding judge; to provide that the Attorney General or his or 72 JOURNAL OF THE SENATE her designee shall act as the legal adviser and prosecutor for such state-wide grand juries; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The consent was granted, and SR 6 was committed to the Senate Judiciary Non-Civil Committee. Senator Chance of the 16th moved that the Senate adjourn until 10 a.m. Thursday, January 17, 2013. The motion prevailed, and the President announced the Senate adjourned at 12:26 p.m. THURSDAY, JANUARY 17, 2013 73 Senate Chamber, Atlanta, Georgia Thursday, January 17, 2013 Fourth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 1. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Shafer of the 48th, Cowsert of the 46th and Albers of the 56th: A BILL to be entitled an Act to amend Title 33 and Title 19 of the Official Code of Georgia Annotated, relating respectively to insurance and domestic relations, so as to provide that both parents shall have equal access to the child's health insurance information and records; to provide for exceptions; to provide for parenting plans to include that both parents have access to health insurance information and records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 2. By Senators Albers of the 56th, Miller of the 49th, McKoon of the 29th, Gooch of the 51st, Hill of the 6th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to employment security, so as to provide that benefits under such chapter shall not be paid to noncitizens who are not employed legally; to provide that such payments shall not be made unless the noncitizen is present in this country legally at the time such payments are made; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. 74 JOURNAL OF THE SENATE SB 14. By Senators Unterman of the 45th, Wilkinson of the 50th, Crosby of the 13th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to create a Georgia Alzheimer's and Related Dementias State Plan Task Force; to provide for legislative intent; to provide for its members and vacancies; to provide for duties and responsibilities; to provide for a chairperson; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 54. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of coroners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 55. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of district attorneys, solicitors-general, sheriffs, coroners, tax commissioners, tax receivers, tax collectors, clerks of superior court, and county commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 56. By Senator Stone of the 23rd: 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 THURSDAY, JANUARY 17, 2013 75 favor of the condominium or property owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 57. By Senators James of the 35th, Jones of the 10th and Seay of the 34th: 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 a short title; to change the ages of mandatory education; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 58. By Senators James of the 35th and Jones of the 10th: 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 a second time, and endangering a child, so as to change the age of a child constituting child endangerment; to provide penalties for certain violations; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 59. By Senators Carter of the 42nd, Tate of the 38th, Fort of the 39th, Sims of the 12th, Seay of the 34th 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 lower the minimum cumulative grade point average required 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. SR 8. By Senators McKoon of the 29th, Albers of the 56th, Miller of the 49th, Gooch of the 51st, Hill of the 32nd and others: A RESOLUTION proposing an amendment to the Constitution so as to limit authority of the General Assembly to impose taxes on income; to provide for a phasing out of taxes on income; to provide for the ability of the General 76 JOURNAL OF THE SENATE Assembly to impose an income tax under certain circumstances; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. Senator Millar of the 40th asked unanimous consent that Senator Albers of the 56th be excused. The consent was granted, and Senator Albers was excused. Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thompson of the 33rd Tolleson of the 20th The roll was called and the following Senators answered to their names: Balfour Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Ginn Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Lucas McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Thompson, C Tippins Unterman Wilkinson Williams Not answering were Senators: Albers (Excused) Loudermilk Tolleson (Excused) Fort Tate (Excused) Golden (Excused) Thompson, S. (Excused) Senator Fort was off the floor of the Senate when the roll was called and wished to be recorded as present. THURSDAY, JANUARY 17, 2013 77 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 Claire Yoder of Ellenwood, Georgia, who offered scripture reading and prayer. Senator Gooch of the 51st introduced the doctor of the day, Dr. Larry W. Anderson. Senator Carter of the 42nd recognized Natasha Trethewey on receiving the distinguished position of 19th Poet Laureate of the United States, commended by SR 15, adopted previously. Natasha Trethewey addressed the Senate briefly. At 10:51 a.m. the President announced that upon the dissolution of the Joint Session the Senate stand at ease until 1:00 p.m. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message by His Excellency, Governor Nathan Deal, was called to order by the President of the Senate. HR 8 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. His Excellency, Governor Nathan Deal, addressed the Joint Session of the Senate and the House of Representatives as follows: Lt. Governor Cagle, Speaker Ralston, President Pro Tem Shafer, Speaker Pro Tem Jones, Members of the General Assembly, Members of the Judiciary, my fellow Georgians: To the Members of the General Assembly, congratulations on your election. To the new members of the House and Senate, welcome! You are now part of one of the greatest and most successful experiments in the history of mankind, the process of self-governance, whereby free people entrust to us the responsibility of preserving their freedoms. We do so if we confine our actions to those things which our constituents cannot do for themselves. Our constitution defines some of the things we shall do, as well as some of the things we shall not do. Between those goal posts of shall and shall not lies the field on which we play. It is not a Field of Dreams but a Field of Law. Like spectators in the stands of a great stadium, a cacophony of voices will tell you what play to run and agree or disagree with your performance. Just remember, we are all on the same team with you, and we share a common purpose of making Georgia the best place to work, play, get an education and raise a family. 78 JOURNAL OF THE SENATE Last year, I told you that I had a goal: To fulfill the truest purposes of government the ones for which Georgians need their government most "and then get out of the way so that they can live their lives in freedom and as they see fit." So far, I believe we have done that well. We have made communities safer, improved educational opportunities, provided for infrastructure improvements, driven workforce development, generated a better business environment and created jobs. Together, we have implemented innovative tax reform that incentivizes business growth, passed smarton-crime criminal justice reform and saved HOPE. This year, I challenge you to join me as we go forward with a focus on progress. While times have been tough and we have had to make difficult choices, I will not lead our state with a Doomsday mindset, reacting erratically and hastily based on fear or ignorance. Instead, we will move forward with confidence, focusing on the proven foundations of a growing Georgia, those that keep us steady during times of uncertainty but also during times of prosperity; foremost among these are public safety, education, healthcare and economic development. Just as Georgia is too big and too important to fall prey to Doomsayers' pessimism, it is also too big and too important to be divided by race, geography or ideology. This year, let's concentrate on the things on which we can all agree: The foundations that improve the lives of our citizens and undergird the bright horizons of tomorrow. In the first foundation, Public Safety, let's capitalize on the success that we have already had in criminal justice reform, in which, last year, we crafted legislation that saves both lives and taxpayer dollars. Through increased use of accountability courts drug, DUI, mental health and veteran courts along with other measures, this state will avoid the need to add 5,000 prison beds over five years and save taxpayers at least $264 million; these measures simultaneously decrease the number of offenders who end up back in jail after being released and create productive, taxpaying citizens rather than more dangerous criminals. And we have continued funding for accountability courts by allocating $11.6 million toward that purpose in my budget proposal. This year we will continue our work by bringing legislation designed to produce better results with juvenile offenders and divert them from the adult system. I want to thank the Special Council on Criminal Justice Reform for Georgians for their hard work over the past two years. I urge your strong consideration of their recommendations for the Juvenile Justice system. Similar to last year, we would emphasize community-based, non-confinement correctional methods for low-risk offenders as an alternative to regional and state youth centers. To get started, I will be requesting $5 million in the FY 2014 budget to create an incentive funding program that encourages communities to create and utilize these community-based options. These options range from substance abuse treatment to family counseling and provide judges with viable, alternative sentencing THURSDAY, JANUARY 17, 2013 79 options. Just as with last year, we stand to lower recidivism and save taxpayer dollars. For example, are you aware that the cost of each bed in a Youth Detention Center is in excess of $91,000 each year? It is certainly an area where less costly options must be used. Together, we can continue to improve our state's justice systems while keeping our citizens safe by reserving our prison beds for violent offenders. This year provides another opportunity to bolster public safety. This past summer, Georgia witnessed several tragic accidents on our waterways. We know alcohol is involved in over 50 percent of all boating fatalities each year. On Georgia's roads, if the operator of a vehicle has a Blood Alcohol content of .08 or higher, he can be charged with Driving Under the Influence. However, you cannot be charged with Boating Under the Influence unless your Blood Alcohol level is .10 or higher. The Jake and Griffin Prince BUI Law that I am proposing will change that. If you are too drunk to drive an automobile, you are too drunk to drive a boat! I will also propose, through the Kile Glover Boat Education Law, that you place age limits and educational requirements on young operators of boats and personal watercraft and that children who are 13 or younger must wear life jackets when riding in an open boat that is moving. Another foundation block for growing a more prosperous Georgia is education. Since we are talking about foundations, let's talk about our earliest learners, who build upon what they learn today for the rest of their lives. We have an outstanding pre-K program that has been nationally recognized. This past year, the National Institute for Early Education Research awarded Georgia its first 10 out of 10 in measures of quality; we were one of only five states to receive such a designation. In the budget for FY 2014, I have added 10 days to the pre-K school year, thereby restoring it to a full 180 days and increasing the salaries of deserving teachers. Last year, we focused on literacy by designating $1.6M to establish a reading mentor's program that was designed to grow the percentage of Georgia's children who are reading on grade level by the third grade. Early indicators are proving it a good investment. We must not let our children fall behind, for that is a path toward remediation and delayed success. As such, I have included $1.6 million in this year's budget to continue the reading mentor program. While most state agencies have seen their budgets for the remainder of this fiscal year and for the FY2014 reduced by an average of 3 percent, K-12 education was not subject to these reductions. In fact, the budget will give $156M in additional funding for enrollment growth in K-12 schools in FY2013. For next year, there will be $147 million 80 JOURNAL OF THE SENATE for enrollment growth and salary increases for teachers based on training and experience. There is also an additional $41 million to fully fund the revised Equalization formulas adopted last year. We must continue to make K-12 education a top priority, because Georgia recently ranked 45th out of the 47 states that reported graduation rates under the cohort method. This is unacceptable! We can do better! We will do better! The people of Georgia spoke loud and clear when they adopted the Constitutional Amendment on Charter Schools by an overwhelming margin. The message they sent was this They are not satisfied with the status quo! And neither am I! We have been funding public education under the Quality Basic Education legislation, QBE. This is a 1985 formula that does not meet the needs of a 21st century classroom. While adjustments have been made, as recently as last year, more needs to be done. As we finalize the pilot projects and reforms being produced by our Race To The Top initiative, I look forward to modernizing the way we spend tax payer dollars so that we can produce more positive results in our public schools. Public distrust emanates from poor graduation rates, excessive remediation expenses and substandard test scores. Dedicated educators deserve to have this stigma removed. If we don't do that, we will discourage the bright college students who want to be teachers from choosing that profession. We cannot afford that loss! Georgia has had too many school boards placed under the sanctions of potential loss of accreditation. While this is a very serious matter, it is somewhat ironic that the loss of accreditation can only be based on governance issues and not on substandard academic progress of the school system. Unless this is addressed by state legislation, we will continue to have thousands of Georgia's children trapped in underperforming schools through no fault of their own. I look forward to working with you to solve this problem. In education, as in most areas of life, poor outcomes are most often not the result of lack of money, but lack of vision and leadership. One of the primary reasons for getting an education is to get a job. To the parents of children who contemplate dropping out of school, you should remind them that they are condemning themselves to the lowest rung on the employment ladder, and you should prepare them to continue to live at home because the jobs that will be available to them will be few indeed. Since employment is a primary goal of education, I want to commend the Chancellor of our University System and the Commissioner of our Technical College System for evaluating and refocusing their programs of study to give priority to those educational paths that have a proven record of employability. It is a tragedy when a young person works hard, accumulates debt for student loans and then graduates with a diploma in a field where there are no jobs. THURSDAY, JANUARY 17, 2013 81 My budget proposes to focus more funds within our HOPE Grant Program toward occupations where we know jobs are available and shortages actually exist. Currently, there are several thousand jobs available for individuals with a commercial driver's license. There are similar shortages in the areas of nursing and early childhood education. In order to fill these vacancies we suggest directing additional funds within our Technical College HOPE Grants so that over 90 percent of the tuition costs in these programs will be provided. That's Putting Your Money Where The Jobs Are! Two years ago, we worked together to save our HOPE Scholarship program. As a result, it remains one of the most generous state run scholarship programs in the nation. It is also keeping our best and brightest students in Georgia. In FY2011, more than 97 percent of entering in-state freshman at both the University of Georgia and Georgia Tech received the Hope Scholarship. Today, I am happy to say that my budget will increase the Hope Scholarship by 3 percent over last year, bringing the total funds going to Hope in FY 2014 to nearly $600 million. This is quite a contrast to the proposed bankruptcy of HOPE that was projected to occur this year. That's why I say, together, we saved HOPE! Also, in keeping with our emphasis on results based funding, I would like to thank the Higher Education Funding Commission for its hard work over the past year to provide us with a solid recommendation that will be the starting point for change from enrollmentbased funding to outcomes-based funding in our university and technical colleges. I encourage you to join me in fully considering their recommendations. Another foundation block for a growing and prosperous Georgia is healthcare. I want to thank the Commissioner of Agriculture and the Commissioner of the Department of Public Health for their efforts to keep our citizens healthy and thereby minimize the need for expensive healthcare. Commissioner Black has launched the Georgia Grown program in which he is promoting agricultural products grown in our state. He is working with local farmers and school dieticians to increase the consumption of fresh fruits and vegetables by our school children. Commissioner Fitzgerald is one of the individuals leading the Georgia SHAPE program, which is educating and encouraging children regarding the importance of exercise. Both of these efforts will keep young people healthier and will reduce the scourge of obesity that abounds in our state. As a result of a downturned economy and the provisions of federal legislation known as Obamacare, we are seeing a growth in our Medicaid rolls. As you know, I have elected not to expand our eligibility limits for Medicaid. At the State Chamber of Commerce Eggs and Issues Breakfast yesterday, I elaborated upon the reasons for that decision. I did not judge it prudent to expand the eligible population of an entitlement program by 82 JOURNAL OF THE SENATE adding an additional 620,000 new enrollees since our state is already spending approximately $2.5 billion in state taxpayer funds annually. Even without expanding the eligible population base, we expect our Medicaid rolls to grow by an additional 100,000 individuals. This new population of Medicaid recipients, along with other mandates of Obamacare such as the extension of the time between the review of eligibility, will raise our Medicaid costs by nearly $1.7 billion over the next 10 years. For FY 2014, I am requesting that you authorize the Board of Community Health to apply a provider fee for hospitals, just as they currently do for nursing homes. Unless this is done, there will be a shortfall in revenue to support the Medicaid program of nearly $700M. Since we cannot adjust benefits, the reduction in reimbursements to hospitals would be the only way to keep the program solvent. Those reductions would be approximately 20 percent, which would seriously jeopardize many of our state's hospitals. Therefore, I urge your favorable consideration of this legislation. Last year, we appropriated $1.2M to expand residency programs for doctors in our state. I want to thank Dr. Ricardo Azziz, the President of Georgia Regents University Augusta, for leading this effort and the participating hospitals for making it possible for us to develop 400 new residency slots. We believe this is one of the best ways to retain medical doctors in our state. And the FY 2014 budget includes $2M in additional funds to further increase the number of health professionals practicing in the state. The last foundation block for a prosperous Georgia that I will address today is economic development. For the last 2 years during this State of the State Address you have heard me say, "The state of our state is strong." That statement is no less true today then it was for each of the two preceding years. In fact, it may be more true now when you consider employment numbers, increased job opportunities, revenue growth and the expanding prestige of our state in the international marketplace. We currently have the lowest unemployment rate we have experienced in nearly 4 years. It is still too high. That is why we must insist that every young person get a high school diploma; otherwise, they become the fuel that stokes the fires of the unemployment furnace. We are continuing to see promising job growth and many of these jobs are paying substantially above the average wage in our state. Since I stood before you last year at this address, we have announced more than 10,000 jobs, and many of these are on the high end of the employment scale. More and more businesses are deciding to make Georgia their home. Some of the reasons for these decisions are government policies of low taxes and reasonable regulations. Together, we are showing the world that we are running state government the way it should be: in an efficient, common sense and businesslike manner. And clearly businesses are taking note of this! THURSDAY, JANUARY 17, 2013 83 We have spent taxpayer dollars wisely. Using 2012 dollars, our per capita spending of government money is 17 percent less that it was a decade ago. And we currently have more than 9,000 fewer state employees than we had five years ago. We have saved taxpayer dollars. The Revenue Shortfall Reserve, better known as the Rainy Day Fund, has been increased by 226 percent since I became Governor. We have reduced the burden on Georgia taxpayers. The Tax Foundation in an article published last month confirms that our state has decreased its state tax collections per capita over the last decade the most of any state in the nation, "collecting 25 percent less in real dollars than it did ten years earlier." And last year, with tax reform, you lowered that burden again by increasing the deduction for married couples filing a joint return, bringing the total deduction to $7,400, thus virtually abolishing the so-called "marriage tax penalty." There is good reason to believe our job base will continue to grow. Employers like to locate in a state that operates its own affairs in a businesslike manner. But it is not only businesses that pay attention to the fact that we have downsized state government and kept our budget balanced while not raising but actually lowering taxes. Others are watching our state operations, as well, like the three major bond rating agencies that have once again awarded a Triple A rating to Georgia. This comes at a time when some states and the federal government have experienced a downgrade in their ratings. This saves us taxpayer money by reducing the interest rate on our state bonds. The goal I have set for us is to make Georgia the No. 1 place in the country in which to do business. With Commissioner Cummiskey and his superb team at the Department of Economic Development, we are well on our way to achieving our goal. For two years in a row, we have ranked in the top five for business climate by Site Selection Magazine, and we ranked No. 3 for doing business in 2012 by Area Development Magazine. Our state is blessed to have the busiest airport in the world in Atlanta's HartsfieldJackson airport. This provides us with rapid access to and from about 80 percent of the U.S. population within two hours. It is also one of the reasons certain businesses are coming to our state. Another asset is the Port of Savannah, the fourth largest container port in the country and the second largest on the East Coast. As you know, we have worked for many years to expand the Savannah Harbor and deepen the channel in order to allow the larger vessels that will soon be coming through the Panama Canal to dock in our state. We are very pleased that last fall we succeeded in getting a positive Record of Decision from the federal government. This is a major milestone on this project. 84 JOURNAL OF THE SENATE My budget includes an additional $50 million in the bond package for this project. This will bring our total state contribution to $231 million. That is almost the state's entire contemplated share of the costs of this project; the remainder of the cost is to be paid by the federal government. While that is a sizable amount of money we expect the benefits to be $5.50 for every dollar spent--Not a bad return on investment! I will conclude my remarks on a topic that does not require the recitation of statistics, but is one that is recognized in both the public and private domains as a cornerstone of success that is ethics. We can build the strongest foundations of frugality, efficiency and competitiveness upon which our state government will rest; but if the citizens of Georgia don't trust us, it will all be in vain, for the vibrations of distrust will crack even the strongest foundations. There will always be those in the media and elsewhere who thrive on sowing the seeds of doubt and distrust and who will never recant their sinister innuendos and malicious accusations even when they are vanquished by Truth. And while you will never silence those voices of discord, nor should you try to do so, you can bolster the confidence of the public that might be tempted to listen to them by simply establishing clear rules under which you and those who deal with you in your capacity as elected officials must operate. If there is to be an expansion of the code of ethical conduct for members of the General Assembly, it should apply equally to all elected officials at the state and local levels. We have laid our foundations for a strong and successful Georgia--public safety, education, healthcare, economic development and ethics. I look forward to working with each of you this session as we continue to grow Georgia in these most crucial areas. And together, we will run a state rather than its citizens' lives. May God give you wisdom in your deliberations, and may he continue to bless this great state of Georgia. Senator David Shafer, President Pro Tempore of the Senate, 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 at ease until 1:00 p.m. At 1:00 p.m. the President called the Senate to order. THURSDAY, JANUARY 17, 2013 85 The following resolutions were read and adopted: SR 22. By Senator Loudermilk of the 14th: A RESOLUTION recognizing and commending Timothy A. Oltjenbruns; and for other purposes. SR 23. By Senator Loudermilk of the 14th: A RESOLUTION recognizing and commending Zachariah A. Conley; and for other purposes. SR 24. By Senator Loudermilk of the 14th: A RESOLUTION recognizing and commending Jacob A. Weaver; and for other purposes. SR 25. By Senator Albers of the 56th: A RESOLUTION congratulating the University of Louisville Cardinals football team for their 2013 Sugar Bowl win against the University of Florida; and for other purposes. SR 27. By Senators Wilkinson of the 50th, Miller of the 49th, Gooch of the 51st, Ginn of the 47th, Orrock of the 36th and others: A RESOLUTION recognizing February 12, 2013, as Georgia Farm Bureau Federation Day at the state capitol; and for other purposes. SENATE CALENDAR THURSDAY, JANUARY 17, 2013 FOURTH LEGISLATIVE DAY SB 24 Hospital Medicaid Financing Program Act"; enact (Substitute)(RI&U-54th) The following legislation was read the third time and put upon its passage: SB 24. By Senators Bethel of the 54th, Jeffares of the 17th and Jackson of the 24th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess a provider 86 JOURNAL OF THE SENATE payment on hospitals for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for rules and regulations; to provide for a segregated account within the Indigent Care Trust Fund; to provide for the use of funds; to provide for repeal unless reauthorized; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Minority Report on SB 24 was filed with the Secretary: Senator Steve Henson District 41 121-B State Capitol Atlanta, GA 30334 Committees: Urban Affairs Administrative Affairs Government Oversight Health and Human Services Natural Resources and the Environment Reapportionment and Redistricting Regulated Industries and Utilities Rules DEMOCRATIC LEADER The State Senate Atlanta, Georgia 30334 IN THE MATTER OF SENATE BILL 24 AS SUBSTITUTED AND AMENDEDREFERRED TO AS THE "HOSPITAL MEDICAID FINANCING PROGRAM ACT" REPORT OF THE MINORITY Pursuant to Section 2-1.6(a) this report sets forth the reasons for the dissent of the Minority to SB 24 and its substitute and amendments. HISTORY In 2010, Georgia hospitals were faced with losing already tight Medicaid reimbursement. The state instituted a hospital provider tax, commonly known as the "hospital bed tax," which is used to secure federal Medicaid dollars. The bed tax sunsets in 2013, and SB 24 has been introduced as a successor method of raising much needed revenue. Senate Bill 24 SB 24 authorizes the Department of Community Health (DCH) to assess a tax on hospitals for the purpose of drawing down federal matching funds to pay for Medicaid THURSDAY, JANUARY 17, 2013 87 patient visits. It is intended to follow the model of an existing Georgia health care mechanism for funding nursing homes. The bill tasks DCH with implementing a new bed tax to secure federal matching funds. There are several provisions for legislative oversight, but the bulk of the policy for the new tax will be left up to DCH. This bill has a sunset provision of June 30, 2017. RATIONALE FOR DISSENT Transparency The most egregious problem with this legislation is the lack of transparency to the citizens of Georgia. Not only has this legislation been rushed through the legislative committee process (before the public had access to the bill and a chance to study the new proposal) it was rushed through the entire legislative process before the authors completed the writing. The original version of the bill was not made available to the public until well after the close of business on Monday, January 14, 2013 (approximately 9.p.m.) and a committee substitute offered the following day had significant changes. The bill, still not in its final form, required amendments in committee. After performing due diligence, it is clear that there are still significant oversights and drafting errors in the bill as reported by the committee. Lack of Government Oversight Delegation of the oversight for tax collection of this tax to the DCH consolidates too much power within the Executive Branch, ignoring the responsibilities of the state legislature. It removes accountability from the elected representatives of the people of this State and puts it into the hands of the Governor's appointees and state employees. The amendments to this legislation are not sufficient to address the legislative oversight by merely adding additional layers of bureaucracy. Furthermore, this legislation does not create a fixed tax rate to limit the ability of hospitals, many of which are non-profits with limited budget flexibility, to anticipate their actual tax liability. Most importantly, there is no guarantee that the state will not cut general fund disbursements to Medicaid and have the DCH further raise the bed tax, increasing the tax burden on sick Georgians. Constitutionality Pursuant to the Georgia Constitution, all bills for raising revenue, or appropriating money, shall originate in the House of Representatives. (See Ga. Constitution, Art., Sec 5, paragraph 2: Bill for Revenue") This legislation is a revenue bill that originates in the Senate and is therefore unconstitutional. 88 JOURNAL OF THE SENATE ACTION RECOMMENDED This bill contains serious defects and should not be passed by the Senate in its current form. RESPECTFULLY SUBMITTED, this 17th day of January 17, 2013 /s/ Stephen B. Henson Senator Steve Henson The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 24: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess one or more provider payments on hospitals for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for rules and regulations; to provide for one or more segregated accounts within the Indigent Care Trust Fund; to provide for the use of funds; to provide for repeal unless reauthorized; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, is amended by adding a new Article 6C to read as follows: "ARTICLE 6C 31-8-179. This article is enacted pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution and shall be known and may be cited as the 'Hospital Medicaid Financing Program Act.' 31-8-179.1. As used in this article, the term: (1) 'Board' means the Board of Community Health. (2) 'Department' means the Department of Community Health. THURSDAY, JANUARY 17, 2013 89 (3) 'Hospital' means an institution licensed pursuant to Chapter 7 of this title which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, rehabilitative, geriatric, osteopathic, and other specialty hospitals but shall not include psychiatric hospitals which shall have the same meaning as facilities as defined in paragraph (7) of Code Section 37-3-1, critical access hospitals as defined in paragraph (3) of Code Section 33-21A-2, or any state owned or state operated hospitals. (4) 'Provider payment' means a payment assessed by the department pursuant to this article for the privilege of operating a hospital. 31-8-179.2. (a) The board shall be authorized to establish and assess, by board rule, one or more provider payments on hospitals, or a subclass of hospitals, as defined by the board; provided, however, that if any such provider payment is established and assessed, the provider payment shall comply with the requirements of 42 CFR 433.68. Any provider payment assessed pursuant to this article shall not exceed the amount necessary to obtain federal financial participation allowable under Title XIX of the federal Social Security Act. The board shall be authorized to discontinue any provider payment assessed pursuant to this article. The board shall cease to impose any such provider payment if: (1) The provider payments are not eligible for federal matching funds under Title XIX of the federal Social Security Act; or (2) The department reduces Medicaid payment rates to hospitals as are in effect on June 30, 2012; reduces the provider payment rate adjustment factors utilized in developing the state Fiscal Year 2013 capitated rates for Medicaid managed care organizations; or alters any payment methodology, administrative rule, or payment policy as are in effect on June 30, 2012, or creates any new methodology, rule, or policy that has the effect of reducing Medicaid payments to hospitals. (a.1) The General Assembly shall have the authority to override any provider payment assessed by the board pursuant to this Code section in accordance with the procedures contained in subsection (f) of Code Section 50-13-4. (b) The board shall be authorized to establish rules and regulations to assess and collect any such provider payments, including, but not limited to, payment frequency and schedules, required information to be submitted, record retention, and whether any such provider payment shall be credited toward any indigent or charity care requirements or considered a community benefit. 31-8-179.3. (a) Any provider payments assessed pursuant to this article shall be deposited into a segregated account for each payment program within the Indigent Care Trust Fund 90 JOURNAL OF THE SENATE created pursuant to Code Section 31-8-152. No other funds shall be deposited into any such segregated account or accounts. All funds in any such segregated account or accounts shall be invested in the same manner as authorized for investing other moneys in the state treasury. Any funds deposited into a segregated account pursuant to this article shall be subject to appropriation by the General Assembly. (b) Any provider payments assessed pursuant to this article shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. (c) Each hospital shall keep and preserve for a period of seven years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a hospital for purposes of auditing the calculation of the provider payment. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record. (d) The department shall be authorized to impose a penalty of up to 6 percent for any hospital that fails to pay a provider payment within the time required by the department for each month or fraction thereof that the provider payment is overdue. If a required provider payment has not been received by the department in accordance with department timelines, the department shall withhold an amount equal to the provider payment and penalty owed from any medical assistance payment due such hospital under the Medicaid program. Any provider payment assessed pursuant to this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the applicable segregated account. 31-8-179.4. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into one or more segregated accounts. Such appropriations shall be authorized to be made for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any appropriation from a segregated account for any purpose other than such medical assistance payments shall be void. (b) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such funds have been appropriated. (c) Appropriations from a segregated account to the department shall not lapse to the general fund at the end of the fiscal year. THURSDAY, JANUARY 17, 2013 91 31-8-179.5. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes of this article. 31-8-179.6. This article shall stand repealed on June 30, 2017, unless reauthorized by the General Assembly prior to that date." SECTION 2. For purposes of proposing rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2013. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Albers of the 56th, Heath of the 31st, Millar of the 40th, Williams of the 19th, Loudermilk of the 14th and others offered the following amendment #1: Amend the substitute to SB 24 (LC 33 4889S) by inserting on line 7 after "reauthorized;" the following: to add aged, blind, and disabled populations to Medicaid managed care; By inserting between lines 105 and 106 the following: Notwithstanding any other provision of law to the contrary, the department shall provide that each current department contract with a care management organization, as that term is defined in paragraph (1) of Code Section 31-8-171, that provides for the provision of medical assistance to recipients of medical assistance and that is renewed or executed on or after July 1, 2014, shall include aged, blind, and disabled recipients under such contract or contracts. On the adoption of the amendment, the yeas were 5, nays 40, and the Albers, et al. amendment #1 to the committee substitute was lost. Senators Seay of the 34th, Butler of the 55th, Tate of the 38th, Fort of the 39th and Carter of the 42nd offered the following amendment #2: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 24 (LC 33 4889S) by striking lines 1 through 113 and inserting in lieu thereof the following: To amend Article 6C of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the "Provider Payment Agreement Act," so as to extend the automatic repeal 92 JOURNAL OF THE SENATE of the Act for two years; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6C of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the "Provider Payment Agreement Act," is amended by revising Code Section 31-8179.8, relating to termination date, as follows: "31-8-179.8. This article shall stand repealed on June 30, 2013 2015." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the amendment, the yeas were 17, nays 33, and the Seay, et al. amendment #2 to the committee substitute was lost. Senators Carter of the 42nd, Albers of the 56th, Thompson of the 33rd, Williams of the 19th, Cowsert of the 46th and others offered the following amendment #3: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 24 (LC 33 4889S) by inserting on line 40 after "Act." the following: The aggregate amount of any fees established and assessed pursuant to this subsection shall not exceed 1.45 percent of the net patient revenue of the hospital. Senators Hill of the 4th, Shafer of the 48th, Chance of the 16th and Hill 32nd offered the following amendment #3a: Amend amendment #3 to the committee substitute to SB 24 by striking line 4 and inserting "not exceed those percentages of net patient revenues set forth in the General Appropriations Act." On the adoption of the amendment, the yeas were 25, nays 24, and the Hill of the 4th, et al. amendment #3a to the Carter of the 42nd, et al. amendment #3 to the committee substitute was adopted. 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 Balfour Y Beach Y Harper Y Heath Y Henson Y Mullis Y Murphy Orrock THURSDAY, JANUARY 17, 2013 93 N Bethel Butler N Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson Y Williams On the adoption of the amendment, the yeas were 46, nays 5, and the Carter of the 42nd, et al. amendment #3 to the committee substitute was adopted as amended. Senators Carter of the 42nd and Davis of the 22nd offered the following amendment #4: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 24 (LC 33 4889S) by striking from lines 49 and 50 the following: , or creates any new methodology, rule, or policy that has the effect of reducing Medicaid payments to hospitals 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 Beach N Bethel Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Jackson, L Y James N Jeffares N Jones, B Y Jones, E N Mullis N Murphy Y Orrock Y Ramsey Y Seay N Shafer Y Sims N Staton N Stone Y Tate Y Thompson, C Y Thompson, S N Tippins 94 JOURNAL OF THE SENATE N Dugan Y Fort N Ginn N Golden N Gooch Y Harbison N Ligon N Loudermilk Y Lucas N McKoon N Millar N Miller N Tolleson N Unterman Vacant N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 36, and the Carter of the 42nd, Davis amendment #4 to the committee substitute was lost. Senators Fort of the 39th, Tate of the 38th, Seay of the 34th and Jackson of the 2nd offered the following amendment #5: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 24 (LC 33 4889S) by inserting after "Medicaid" on line 5 "and for funding Medicaid expansion". By striking lines 91 through 93 and inserting in lieu thereof the following: appropriations shall be authorized to be made only for the purposes of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49 and funding the state's portion of the cost to expand the Medicaid program under the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any regulations or guidance issued under such acts. Any appropriation from a On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers Balfour N Beach N Bethel Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis N Dugan Y Fort N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E N Ligon N Loudermilk N Mullis N Murphy Y Orrock Y Ramsey Y Seay N Shafer Y Sims N Staton N Stone Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman THURSDAY, JANUARY 17, 2013 95 N Ginn N Golden N Gooch Y Harbison Y Lucas N McKoon N Millar N Miller Vacant N Wilkinson N Williams On the adoption of the amendment, the yeas were 18, nays 36, and the Fort, et al. amendment #5 to the committee substitute was lost. Senators Heath of the 31st, Carter of the 42nd, Albers of the 56th, Hill of the 32nd, Cowsert of the 46th and others offered the following amendment #6: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 24 by deleting line 106 and inserting in lieu thereof the following: This article shall stand repealed on June 30, 2015, unless reauthorized by the General On the adoption of the amendment, the yeas were 21, nays 22, and the Heath, et al. amendment #6 to the committee substitute was lost. Senators Thompson of the 33rd, Thompson of the 5th and Harbison of the 15th offered the following amendment #7: Amend the Committee Substitute to SB 24 by adding on line 101 of page (4) a new sub section 31-8-179.5 to read as follows: Due to assessments and dedication of funds due from hospitals as stated in SB 24 in the session of 2013. The Board of Community Health, shall be subject to, and required to, follow all reporting and disclosure laws that regulate members of the General Assembly. And by renumbering the remaining Sections accordingly. Senator Thompson of the 33rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Thompson of the 33rd, et al. amendment #7 was withdrawn. 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 Beach Y Bethel Y Harper N Heath N Henson Y Hill, H Y Mullis Y Murphy Y Orrock Y Ramsey 96 JOURNAL OF THE SENATE N Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon N Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Seay Y Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 9. SB 24, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and put upon its adoption: HR 12. 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 2013 regular session of the General Assembly for the period of Monday, January 14, 2013, through Monday, January 28, 2013, shall be as follows: Monday, January 14..................................................in session for legislative day 1 Tuesday, January 15..................................................in session for legislative day 2 Wednesday, January 16.............................................in session for legislative day 3 Thursday, January 17 ................................................in session for legislative day 4 Friday, January 18 through Sunday, January 27.......in adjournment Monday, January 28..................................................in session for legislative day 5 THURSDAY, JANUARY 17, 2013 97 BE IT FURTHER RESOLVED that on and after January 28, 2013, the periods of adjournment of the 2013 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. Senator Chance of the 16th moved that the Senate stand adjourned pursuant to HR 12 until 10 a.m. Monday, January 28, 2013; the motion prevailed, and at 4:01 p.m. the President announced the Senate adjourned. 98 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, January 28, 2013 Fifth 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 communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 22, 2013 Ms. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, GA 30334 Dear Robyn: Pursuant to the 2013 Senate Rules, I hereby appoint the following members to serve on the Senate Committee on Administrative Affairs. The following appointments are effective immediately and shall serve at the pleasure of the President of the Senate. Senator Tim Golden 121-G State Capitol Atlanta, GA 30334 Senator Renee Unterman 121-H State Capitol Atlanta, GA 30334 Senator Bill Jackson 109 State Capitol Atlanta, GA 30334 MONDAY, JANUARY 28, 2013 99 Please call on me or Cobern Epting if you have questions regarding this appointment. Thank you for your attention to this matter. Sincerely, /s/ Casey Cagle Lieutenant Governor of Georgia The following Senate legislation was introduced, read the first time and referred to committee: SB 12. By Senator McKoon of the 29th: 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 Judiciary Committee. SB 23. By Senators Davenport of the 44th, Fort of the 39th, Jones of the 10th, James of the 35th, Tate of the 38th and others: A BILL to be entitled an Act to establish the "Stacey Nicole English Act" and in her honor to aid in the location of missing persons who may be incapacitated due to serious medical conditions; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to prohibit minimum waiting periods for initiating a missing person report; to authorize a state-wide endangered person advisory based on a missing person's severe medical condition; to amend Code Section 40-2-26 of the O.C.G.A., relating to form and contents of application for registration of motor vehicles, so as to provide for emergency contact information in vehicle application registration forms; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 60. By Senator Heath of the 31st: A BILL to be entitled an Act to amend Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to administrative personnel of the General 100 JOURNAL OF THE SENATE Assembly, so as to provide that all official communications to officers, members, or employees of the General Assembly be provided in an electronic format; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 61. By Senator Stone of the 23rd: 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 change the 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 exempt certain rental agreements; 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 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; 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 63. By Senators Hill of the 32nd, Gooch of the 51st, Loudermilk of the 14th, Carter of the 1st, Unterman of the 45th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide for legislative findings; to provide that no department or agency shall implement any provision of federal health care MONDAY, JANUARY 28, 2013 101 reform legislation unless the department or agency provides a certain report to the General Assembly and the General Assembly authorizes such implementation by statute; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 64. By Senator Butler of the 55th: 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 modify the requirements for continuing education for registered cosmetologists, estheticians, hair designers, and nail technicians; to modify the requirements for continuing education for teachers and instructors of cosmetology; 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 65. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to require a licensed professional counselor to secure certification to perform certain acts from the Department of Behavioral Health and Developmental Disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SR 28. By Senators Loudermilk of the 14th, Ligon, Jr. of the 3rd, Heath of the 31st, Crane of the 28th, Albers of the 56th and others: A RESOLUTION expressing remorse for the state's past practice of condoning involuntary servitude; and for other purposes. Referred to the Rules Committee. Senator Unterman of the 45th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. 102 JOURNAL OF THE SENATE Senator Jackson of the 2nd asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. Senator Lucas of the 26th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Gooch Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk McKoon Millar Miller Mullis Murphy Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Golden (Excused) Orrock Harbison (Excused) Lucas (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Lucas Orrock 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, Reverend Randy Wood of Fayetteville, Georgia, who offered scripture reading and prayer. The President introduced the doctor of the day, Dr. Benjamin R. Holton. MONDAY, JANUARY 28, 2013 103 The following resolutions were read and adopted: SR 5. By Senators Murphy of the 27th and Gooch of the 51st: A RESOLUTION recognizing and commending Grant Lancaster; and for other purposes. SR 21. By Senators Chance of the 16th and Seay of the 34th: A RESOLUTION recognizing and commending Pastor Dennis Watson on his service as Chaplain of the Day on Wednesday, January 16, 2013; and for other purposes. SR 26. By Senator Ginn of the 47th: A RESOLUTION recognizing and commending Trayton D. Thomas; and for other purposes. SR 29. By Senators Crosby of the 13th, Harper of the 7th, Jones of the 25th, Hill of the 6th, Thompson of the 5th and others: A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Mr. Eli Tinsley, Mr. Jamie Fernandez, Mr. Arthur James Nance, Mr. Bub Denham, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes. SR 30. By Senators Henson of the 41st and Balfour of the 9th: A RESOLUTION recognizing and commending Nicholas Stoll; and for other purposes. SR 31. By Senators Henson of the 41st and Balfour of the 9th: A RESOLUTION commending Richard Colin Smith; and for other purposes. SR 32. By Senators Henson of the 41st and Balfour of the 9th: A RESOLUTION recognizing and commending Kyle Olbert Loughman; and for other purposes. 104 JOURNAL OF THE SENATE SR 33. By Senators Henson of the 41st, Balfour of the 9th and Unterman of the 45th: A RESOLUTION recognizing and commending Alec Trent Harp; and for other purposes. SR 34. By Senators Henson of the 41st and Balfour of the 9th: A RESOLUTION recognizing and commending Philip Michael Musey, Jr.; and for other purposes. SR 35. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION recognizing and commending St. Joseph's/Candler Health System of Savannah, Georgia; and for other purposes. SR 36. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION honoring the life and memory of Roscoe Walker Riley, Sr.; and for other purposes. SR 37. By Senators Unterman of the 45th, Seay of the 34th, Butler of the 55th and James of the 35th: A RESOLUTION recognizing and acknowledging the struggle that women with heart disease face every day; and for other purposes. SR 38. By Senators Murphy of the 27th and Gooch of the 51st: A RESOLUTION recognizing and commending James Auger; and for other purposes. SR 39. By Senators Tolleson of the 20th, Wilkinson of the 50th and Cowsert of the 46th: A RESOLUTION recognizing the 4-H Clubs of Georgia, especially the University of Georgia Cooperative Extension; and for other purposes. SR 40. By Senator Wilkinson of the 50th: A RESOLUTION commending the Future Farmers of America and recognizing February 19, 2013, as Future Farmers of America Day at the state capitol; and for other purposes. MONDAY, JANUARY 28, 2013 105 SR 41. By Senator Wilkinson of the 50th: A RESOLUTION recognizing February as Career and Technical Education Month and February 12, 2013, as Georgia Career and Technical Student Organizations (CTSO) Day at the State Capitol; and for other purposes. SR 42. By Senator Stone of the 23rd: A RESOLUTION recognizing and commending the Screven County Development Authority on the 50th anniversary of the signing of the legislation that created the development authority; and for other purposes. SR 43. By Senators Murphy of the 27th and Gooch of the 51st: A RESOLUTION recognizing and commending Jonathan Rhodes; and for other purposes. Senator Chance of the 16th moved that the Senate adjourn until 10 a.m. Tuesday, January 29, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:15 a.m. 106 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 29, 2013 Sixth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: Senator Rick Jeffares District 17 109 State Capitol Atlanta, GA 30334 Committees: Ethics Natural Resources and the Environment Economic Development Regulated Industries and Utilities ADMINISTRATION FLOOR LEADER January 28, 2013 The State Senate Atlanta, Georgia 30334 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 RE: Week of February 18-22, 2013 Dear Bob: I wanted to officially notify you that I will be absent from the Senate the week of February 18-22, 2013. I will be out of the country at the request of the Governor. I have asked Senators Bill Jackson and Charlie Bethel to excuse me from the Chamber during roll call. Sincerely, /s/ Rick Jeffares TUESDAY, JANUARY 29, 2013 107 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 50. 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 66. By Senators Stone of the 23rd, McKoon of the 29th, Crosby of the 13th, Jackson of the 24th, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 67. By Senators Henson of the 41st, Tate of the 38th, Butler of the 55th and Davenport of the 44th: 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 the state sales and use tax, so as to provide for the Department of Revenue to prepare a monthly report showing the net receipts from online dealers for collection of sales tax on products sold in Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes Referred to the Finance Committee. SB 68. By Senators Ligon, Jr. of the 3rd, Shafer of the 48th, Albers of the 56th, Loudermilk of the 14th, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish Celebrate Freedom Week; to provide for the posting of historical 108 JOURNAL OF THE SENATE documents; to require the Department of Education to develop online resources and instructional support; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 69. By Senators Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd, Chance of the 16th, Carter of the 42nd and others: 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 provide for confidentiality of information supplied by certain children; to provide for penalties for a breach of confidentiality; to provide for confidentiality of investigations; to amend Code Section 15-11-84 of the Official Code of Georgia Annotated, relating to sharing confidential information between governmental agencies, so as to provide a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 70. By Senators Gooch of the 51st, Hill of the 32nd, Beach of the 21st, Mullis of the 53rd, Chance of the 16th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract generally, so as to change the type of projects eligible for design-build contracts and the procurement process for such contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 71. By Senators Hill of the 32nd, Gooch of the 51st, Beach of the 21st and Chance of the 16th: A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of power by the Department of Transportation to contract, so as to change certain provisions relating to procedures for utilizing design-build contracts; to expand the selection process; to remove the limitation on contracting; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. TUESDAY, JANUARY 29, 2013 109 SR 59. By Senators Ramsey, Sr. of the 43rd, Stone of the 23rd, Butler of the 55th, Miller of the 49th, Davis of the 22nd and others: A RESOLUTION urging the State Board of Pardons and Paroles to issue a Certificate of Restoration of Voting Rights upon the completion of a criminal sentence and all requirements of parole and probation; and for other purposes. Referred to the Judiciary Non-Civil Committee. SR 70. By Senators Hill of the 32nd, McKoon of the 29th, Chance of the 16th, Mullis of the 53rd, Gooch of the 51st 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 Rules Committee. SR 71. By Senators Hill of the 32nd, Gooch of the 51st, McKoon of the 29th, Hill of the 6th, Dugan of the 30th and others: A RESOLUTION urging Congress to enact the FairTax and expressing the State of Georgia's commitment to ratify the repeal of the Sixteenth Amendment and to conform the existing state tax code accordingly; and for other purposes. Referred to the Rules Committee. SR 72. By Senators Hill of the 32nd, McKoon of the 29th, Gooch of the 51st, Chance of the 16th, Dugan of the 30th and others: A RESOLUTION creating the Senate State FairTax Study Committee; to provide for duties and responsibilities of the committee; and for other purposes. Referred to the Finance Committee. SR 73. By Senator James of the 35th: A RESOLUTION honoring the life of Mr. Dekai Amonrasi and dedicating a bridge in his memory; and for other purposes. Referred to the Transportation Committee. 110 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: SB 25 SB 27 SB 30 SB 32 Do Pass by substitute Do Pass Do Pass Do Pass SB 26 SB 29 SB 31 Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman Senator Thompson of the 33rd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk Lucas McKoon Millar Mullis Murphy Ramsey Seay Shafer Sims Staton Stone Tate Tippins Tolleson Unterman Wilkinson Not answering were Senators: Miller Thompson, S. (Excused) Orrock Williams Thompson, C. TUESDAY, JANUARY 29, 2013 111 The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Williams Orrock 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, Major Blair L. Davis of Marietta, Georgia, who offered scripture reading and prayer. Senator Carter of the 42nd introduced the doctor of the day, Dr. Diane L. Heath. Senator Hill of the 4th recognized January 29, 2013, as National Guard Day at the capitol, commended by SR 48, adopted today. Major General Jim Butterworth addressed the Senate briefly. Senator Unterman of the 45th recognized the Five Points of Life Foundation, LifeCord, and LifeSouth Community Blood Centers and recognizing National Blood Donor Month, commended by SR 83, adopted today. Senator Ginn of the 47th recognized January 29, 2013, as Tourism Day at the state capitol, commended by SR 44, adopted today. The following resolutions were read and adopted: SR 44. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION recognizing January 29, 2013, as Tourism Day at the state capitol and commending the tourism industry of Georgia; and for other purposes. SR 45. By Senators Davis of the 22nd and Crane of the 28th: A RESOLUTION recognizing student leaders at Georgia Tech and welcoming them for Georgia Tech Student Day at the Capitol; and for other purposes. SR 46. By Senator Chance of the 16th: A RESOLUTION recognizing Wednesday, January 30, 2013, as Pike County Day at the capitol; and for other purposes. 112 JOURNAL OF THE SENATE SR 47. By Senators Chance of the 16th, Shafer of the 48th and Staton of the 18th: A RESOLUTION recognizing Georgia REALTORS and declaring January 29, 2013, as Georgia REALTORS Day at the state capitol; and for other purposes. SR 48. By Senators Hill of the 4th, Harbison of the 15th, Thompson of the 33rd, Murphy of the 27th, Loudermilk of the 14th and others: A RESOLUTION recognizing January 29, 2013, as National Guard Day at the capitol; and for other purposes. SR 49. By Senators Ginn of the 47th, Wilkinson of the 50th, Mullis of the 53rd, Chance of the 16th, Murphy of the 27th and others: A RESOLUTION commending the Georgia Economic Developers Association on 50 years of building Georgia; and for other purposes. SR 50. By Senators Jeffares of the 17th and Jones of the 10th: A RESOLUTION recognizing and commending the Eagle's Landing Christian Academy football team on their outstanding 2012 season; and for other purposes. SR 51. By Senators Jeffares of the 17th, Wilkinson of the 50th and Hill of the 4th: A RESOLUTION recognizing and commending Mr. Mort Ewing on his outstanding service as Newton County Commissioner; and for other purposes. SR 52. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION recognizing and commending Dr. James E. "Jim" Strickland on receiving the Georgia Farm Bureau's Distinguished Service Award; and for other purposes. SR 53. By Senators Hill of the 4th and Carter of the 1st: A RESOLUTION honoring the life and memory of Mr. George G. Allen; and for other purposes. SR 54. By Senator Jackson of the 2nd: A RESOLUTION honoring the life and memory of Mrs. Jennie Agatha Anderson Cooper; and for other purposes. TUESDAY, JANUARY 29, 2013 113 SR 55. By Senators Jackson of the 2nd and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Reverend Dr. Clarence "Teddy" Williams, Jr.; and for other purposes. SR 56. By Senators Jackson of the 2nd and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Kappa Alpha Psi Fraternity, Inc.; and for other purposes. SR 57. By Senators Jackson of the 2nd and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Mrs. Parnell M. Jones; and for other purposes. SR 58. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending the Savannah Chapter of Jack and Jill of America; and for other purposes. SR 60. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Joe Addison; and for other purposes. SR 61. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Dr. Hazel Scott; and for other purposes. SR 62. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION recognizing dental hygienists in Georgia and recognizing February 1, 2013, as "Dental Hygienists Appreciation Day"; and for other purposes. SR 63. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION recognizing February 12, 2013, as "Ft. Stewart/Hunter Army Air Field U.S. Army DENTAC Organization Day"; and for other purposes. 114 JOURNAL OF THE SENATE SR 64. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION recognizing and commending Pastor George Anthony Moore, Jr.; and for other purposes. SR 66. By Senators Staton of the 18th, Loudermilk of the 14th, Sims of the 12th, Jones of the 25th and Tolleson of the 20th: A RESOLUTION commending the Georgia Peach Festival and the 2012 Georgia Peach Queens; and for other purposes. SR 67. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION recognizing and commending Ms. Stephanie Cutter; and for other purposes SR 68. By Senators Hill of the 4th and Thompson of the 33rd: A RESOLUTION honoring the life and memory of Rachel Fowler; and for other purposes. SR 69. By Senators Henson of the 41st and Butler of the 55th: A RESOLUTION recognizing and commending Michael Conrad Hidalgo; and for other purposes. SR 74. By Senator James of the 35th: A RESOLUTION congratulating Mr. John H. Evans on his 80th birthday; and for other purposes. SR 75. By Senator Harbison of the 15th: A RESOLUTION recognizing April 27, 2013, as the 6th Homeless Veterans Stand Down, 2nd Annual Homeless Female Veterans Stand Down, and Veterans Resource Fair Day in Columbus, Georgia; and for other purposes. SR 76. By Senators Hill of the 4th, Carter of the 1st and Harbison of the 15th: A RESOLUTION honoring the life and memory of Ira S. Womble; and for other purposes. TUESDAY, JANUARY 29, 2013 115 SR 77. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing February 5, 2013, as Columbus Day at the state capitol; and for other purposes. SR 78. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION congratulating Mrs. Jamie Gray; and for other purposes. SR 79. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION congratulating Mr. Carmen Cavezza on earning the Greater Columbus Chamber of Commerce's Jim Woodruff Jr. Memorial Award; and for other purposes. SR 80. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION honoring the life and memory of Precious Bussey Bryant; and for other purposes. SR 81. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION honoring the life and memory of Frank Kieffer Martin; and for other purposes. SR 83. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending the Five Points of Life Foundation, LifeCord, and LifeSouth Community Blood Centers and recognizing National Blood Donor Month; 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 January 29, 2013 Sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 116 SB 25 SB 26 SB 27 SB 29 JOURNAL OF THE SENATE Jones of the 25th Lucas of the 26th Staton of the 18th CITY OF MACON, THE CITY OF PAYNE CITY AND BIBB COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners; to repeal conflicting laws; and for other purposes. SUBSTITUTE Jones of the 25th Lucas of the 26th Staton of the 18th BIBB COUNTY A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Jones of the 25th Lucas of the 26th Staton of the 18th BIBB COUNTY A BILL to be entitled an Act to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, so as to provide for the nonpartisan election of the judge of said court; 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. Jones of the 25th Lucas of the 26th Staton of the 18th BIBB COUNTY A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the Magistrate Court of Bibb SB 30 SB 31 SB 32 TUESDAY, JANUARY 29, 2013 117 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. Jones of the 25th Lucas of the 26th Staton of the 18th BOARD OF PUBLIC EDUCATION 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4932), so as to provide for the nonpartisan election of members comprising the board of education; 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. Jones of the 25th Lucas of the 26th Staton of the 18th MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), so as to provide for nonpartisan election for the members of such authority; to provide for federal preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes. Jones of the 25th Lucas of the 26th Staton of the 18th BIBB COUNTY A BILL to be entitled an Act to provide that future elections for the office of probate judge of Bibb County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, 118 JOURNAL OF THE SENATE as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 4-2.9(b), Senator Lucas of the 26th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to all the bills on the Local Consent Calendar for today, and hereby request that they be moved to the Senate Local Contested Calendar. /s/ Lucas of the 26th /s/ Fort of the 39th /s/ Henson of the 41st Date: January 29, 2013 Pursuant to Senate Rule 4-2.9(b), SB 25, SB 26, SB 27, SB 29, SB 30, SB 31, and SB 32 were placed on the Senate Local Contested Calendar for today. The substitute to the following bill was put upon its adoption: *SB 25: The Senate State and Local Governmental Operations Committee offered the following substitute to SB 25: A BILL TO BE ENTITLED AN ACT To amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), is amended by revising subsection (c) of Section 9 to read as follows: "(c) The commission shall consist of nine members. The initial commissioners shall be elected at a nonpartisan election held on the third Tuesday in July, 2013, for terms of three years and until their successors are duly elected and qualified. Their successors shall be elected in nonpartisan elections for terms of four years and shall take office on the first day of January immediately following the date of the election. The members TUESDAY, JANUARY 29, 2013 119 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." SECTION 2. Said Act is further amended by revising subsections (b) and (d) of Section 10 to read as follows: "(b) The initial mayor shall be elected in a nonpartisan election to be held on the third Tuesday in July, 2013. Candidates shall be 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 and qualified. Thereafter, each successor to the office of mayor shall be elected at the general nonpartisan election to be held on the third Tuesday in July immediately preceding the expiration of a term of office, shall take office on the first day 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." "(d) Except as otherwise provided in this section, all 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., 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." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 15, 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 Contested Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Harper N Heath N Henson Y Hill, H Y Mullis Y Murphy N Orrock N Ramsey 120 JOURNAL OF THE SENATE N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Loudermilk N Lucas Y McKoon Y Millar Y Miller Seay Y Shafer Sims Y Staton Y Stone N Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson Y Williams On the passage of the local bills, the yeas were 34, nays 15. The bills on the Local Contested Calendar, except SB 25, having received the requisite constitutional majority, were passed. SB 25, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and put upon its adoption: HR 50. 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 2013 regular session of the General Assembly for the period of Monday, January 28, 2013, through Tuesday, March 5, 2013, shall be as follows: Monday, January 28.....................................................in session for legislative day 5 Tuesday, January 29 ....................................................in session for legislative day 6 Wednesday, January 30 ...............................................in session for legislative day 7 Thursday, January 31...................................................in session for legislative day 8 Friday, February 1........................................................in session for legislative day 9 Saturday, February 2 through Sunday, February 3......in adjournment TUESDAY, JANUARY 29, 2013 121 Monday, February 4.....................................................in session for legislative day 10 Tuesday, February 5 ....................................................in session for legislative day 11 Wednesday, February 6 ...............................................in session for legislative day 12 Thursday, February 7...................................................in session for legislative day 13 Friday, February 8........................................................in session for legislative day 14 Saturday, February 9 through Sunday, February 10....in adjournment Monday, February 11...................................................in session for legislative day 15 Tuesday, February 12 ..................................................in session for legislative day 16 Wednesday, February 13 .............................................in session for legislative day 17 Thursday, February 14.................................................in session for legislative day 18 Friday, February 15 through Monday, February 18 ....in adjournment Tuesday, February 19 ..................................................in session for legislative day 19 Wednesday, February 20 .............................................in session for legislative day 20 Thursday, February 21.................................................in session for legislative day 21 Friday, February 22......................................................in session for legislative day 22 Saturday, February 23 through Sunday, February 24..in adjournment Monday, February 25...................................................in session for legislative day 23 Tuesday, February 26 ..................................................in session for legislative day 24 Wednesday, February 27 .............................................in session for legislative day 25 Thursday, February 28.................................................in session for legislative day 26 Friday, March 1............................................................in session for legislative day 27 Saturday, March 2 through Sunday, March 3..............in adjournment Monday, March 4.........................................................in session for legislative day 28 Tuesday, March 5 ........................................................in session for legislative day 29 BE IT FURTHER RESOLVED that on and after March 5, 2013, the periods of adjournment of the 2013 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. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Wednesday, January 30, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:27 a.m. 122 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 30, 2013 Seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 63. By Representative Channell of the 120th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 411), 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 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 64. By Representative Channell of the 120th: A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), so as to clarify the qualifications for participation in such health insurance program; to remove the coroner from eligibility to participate in such health WEDNESDAY, JANUARY 30, 2013 123 insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 65. By Representative Channell of the 120th: A BILL to be entitled an Act to amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 417), 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 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 72. By Representatives Smith of the 70th and Epps of the 132nd: A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3914), 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. The following Senate legislation was introduced, read the first time and referred to committee: SB 73. By Senators Albers of the 56th, Ligon, Jr. of the 3rd, Tippins of the 37th, Hill of the 6th and Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 48-8-244 of the Official Code of Georgia Annotated, relating to the election and procedures for implementing the special district transportation sales and use tax, so as to provide for a short title; to modify the provisions increasing the local match for transportation projects in regions that did not approve the levy of the tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. 124 JOURNAL OF THE SENATE SB 74. By Senators Loudermilk of the 14th, Ligon, Jr. of the 3rd, Hill of the 6th, Miller of the 49th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to authorize persons who are between the ages of 18 and 21 to carry firearms under certain circumstances; to amend Code Section 43-38-10 of the Official Code of Georgia Annotated, relating to permits to carry firearms, proficiency requirement, exemption from specified laws, denial, refusal to renew, and suspension of permits, and effect of license suspension and restoration, so as to provide for the issuance of a permit to carry firearms to persons between the ages of 18 and 21; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 75. By Senators Lucas of the 26th, Henson of the 41st, Jackson of the 2nd, Sims of the 12th, Jones of the 10th and others: A BILL to be entitled an Act to amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to hunting licenses, sportsman's license, license card carrier requirement, and creation of lifetime sportsman's licenses, so as to provide that a military veteran shall be entitled to a free lifetime sportsman's license; to provide certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 76. By Senators Jackson of the 2nd, Harbison of the 15th, Jones of the 10th, Lucas of the 26th and Sims of the 12th: 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 77. By Senators Fort of the 39th, Carter of the 42nd, Tate of the 38th, Sims of the 12th, Henson of the 41st and others: A BILL to be entitled an Act to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to provide that certain records of qualified schools and programs which enroll WEDNESDAY, JANUARY 30, 2013 125 eligible students are subject to open records laws; to require certain reporting from qualified schools and programs enrolling scholarship students; to amend Code Section 48-7-29.16 of the Official Code of Georgia Annotated, relating to qualified education tax credits, so as to remove the annual adjustment of the maximum aggregate tax credits allowed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 78. By Senators Jackson of the 2nd, Henson of the 41st, Tate of the 38th 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 Government Oversight Committee. SB 79. By Senators Jackson of the 2nd, Henson of the 41st, Tate of the 38th and Sims of the 12th: 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 from 16 to 17; 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 80. By Senators Orrock of the 36th, Henson of the 41st, Tate of the 38th, Fort of the 39th, Seay of the 34th 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 certain contract provisions; to provide for sanctions; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. 126 JOURNAL OF THE SENATE SR 96. By Senator Golden of the 8th: A RESOLUTION honoring the life of Governor Melvin Ernest Thompson and dedicating a road in his memory; and for other purposes. Referred to the Transportation Committee. SR 99. By Senators Hill of the 32nd, Miller of the 49th, Shafer of the 48th, McKoon of the 29th, Gooch of the 51st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Health and Human Services Committee. SR 113. By Senators Jackson of the 24th, Albers of the 56th, Jeffares of the 17th and Bethel of the 54th: 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, 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 63. By Representative Channell of the 120th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 411), 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 of subsequent members; to WEDNESDAY, JANUARY 30, 2013 127 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 64. By Representative Channell of the 120th: A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), so as to clarify the qualifications for participation in such health insurance program; to remove the coroner from eligibility to participate in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 65. By Representative Channell of the 120th: A BILL to be entitled an Act to amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 417), 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 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 72. By Representatives Smith of the 70th and Epps of the 132nd: A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3914), so as to change the description of the election districts; to provide for definitions and inclusions; to provide for manner of election; to 128 JOURNAL OF THE SENATE 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. The following committee report was read by the Secretary: Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 14 Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th 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 Ginn of the 47th introduced the chaplain of the day, Pastor Phil Wages of Winterville, Georgia, who offered scripture reading and prayer. Senator Stone of the 23rd recognized the Screven County Development Authority on the 50th anniversary of the signing of the legislation that created the development authority, commended by SR 42, adopted previously. Executive Director Dorie Bacon addressed the Senate briefly. Senator Ginn of the 47th recognized the Georgia Economic Developers Association on 50 years of building Georgia, commended by SR 49, adopted previously. Chair JoAnne Lewis addressed the Senate briefly. Senator James of the 35th congratulated Mr. John H. Evans on his 80th birthday, commended by SR 74, adopted previously. Fulton County Sheriff Theodore Jackson addressed the Senate briefly. Mr. John H. Evans addressed the Senate briefly. WEDNESDAY, JANUARY 30, 2013 129 Senator Davis of the 22nd recognized student leaders at Georgia Tech and welcomed them for Georgia Tech Student Day at the Capitol, commended by SR 45, adopted previously. Nicholas Picon addressed the Senate briefly. Senator Carter of the 42nd introduced the doctor of the day, Dr. Kathy S. Allan. Senator Ligon, Jr. of the 3rd recognized January 30, 2013, as USS Georgia Day, commended by SR 65. Captain Rhett Jaehn addressed the Senate briefly. The following resolutions were read and adopted: SR 65. By Senators Ligon, Jr. of the 3rd and Harbison of the 15th: A RESOLUTION recognizing January 30, 2013, as USS Georgia Day; and for other purposes. SR 82. By Senators Chance of the 16th, Wilkinson of the 50th and Unterman of the 45th: A RESOLUTION recognizing February 7, 2013, as Veterinary Medicine Day at the state capitol; and for other purposes. SR 84. By Senators Wilkinson of the 50th, Harper of the 7th, Heath of the 31st, Miller of the 49th and Ginn of the 47th: A RESOLUTION commending the Georgia Young Farmers Association and recognizing February 14, 2013, as Young Farmers Day at the state capitol; and for other purposes. SR 85. By Senators Wilkinson of the 50th, Harper of the 7th, Heath of the 31st, Miller of the 49th and Ginn of the 47th: A RESOLUTION recognizing February 5, 2013, as Equine Youth Day at the state capitol; and for other purposes. SR 86. By Senator Wilkinson of the 50th: A RESOLUTION commending Habersham County and recognizing February 20, 2013, as Habersham County day at the state capitol; and for other purposes. SR 87. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Andrew Keniston Meaux; and for other purposes. 130 JOURNAL OF THE SENATE SR 88. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Charles Glover Spencer; and for other purposes. SR 89. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending William Nathaniel Fulkerson; and for other purposes. SR 90. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending DeFord Lawson Smith; and for other purposes. SR 91. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Michael Joseph Sterling; and for other purposes. SR 92. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending David Masiarczyk; and for other purposes. SR 93. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending John Parks Chandler, Jr.; and for other purposes. SR 94. By Senators Hill of the 32nd, Hill of the 6th and Hill of the 4th: A RESOLUTION recognizing and commending Hunter Michael Hill; and for other purposes. SR 95. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Mr. Ashley Paulk on the occasion of his retirement; and for other purposes. WEDNESDAY, JANUARY 30, 2013 131 SR 97. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Valdosta-Lowndes County Chamber of Commerce on its 100 years of continuous service to its members and to its community; and for other purposes. SR 98. By Senator Golden of the 8th: A RESOLUTION commending Mr. Ashley Henderson, Valwood School's Head Football Coach, as the 2012 Coach of the Year; and for other purposes. SR 100. By Senator Golden of the 8th: A RESOLUTION honoring the Student Mentoring in Life and Education (SMILE) program and its founder, Coach John Miller; and for other purposes. SR 101. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Mr. Jeffrey Keith Cutchens on the occasion of his retirement; and for other purposes. SR 102. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Valwood School football team on their 2012 Georgia Independent School Association Class AA Football State Championship; and for other purposes. SR 103. By Senator Golden of the 8th: A RESOLUTION congratulating the Valdosta State University Blazers, 2012 NCAA Division II Football National Champions; and for other purposes SR 104. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Valdosta State University football team; and for other purposes. SR 105. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Blazers, Valdosta State University's outstanding softball team and 2012 National Champions; and for other purposes. 132 JOURNAL OF THE SENATE SR 106. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Valdosta Chief of Police Frank Simons on the occasion of his retirement; and for other purposes. SR 107. By Senator Golden of the 8th: A RESOLUTION honoring artistic director Linda C. Chase and her company, Dance Arts, on the occasion of its 40th anniversary; and for other purposes. SR 108. By Senator Golden of the 8th: A RESOLUTION honoring the life and memory of Michael Synyard; and for other purposes. SR 109. By Senator Harper of the 7th: A RESOLUTION recognizing and commending Lieutenant Colonel John E. Davis on the occasion of his retirement; and for other purposes. SR 110. By Senators McKoon of the 29th and Harbison of the 15th: A RESOLUTION recognizing and commending Sam R. Cunningham; and for other purposes. SR 111. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mrs. Thomasina JenkinsThompson on the occasion of her retirement; and for other purposes. SR 112. By Senator Jackson of the 2nd: A RESOLUTION recognizing and congratulating James E. Thompson on the occasion of his retirement; and for other purposes. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Thursday, January 31, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:24 a.m. THURSDAY, JANUARY 31, 2013 133 Senate Chamber, Atlanta, Georgia Thursday, January 31, 2013 Eighth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 72. By Senators Stone of the 23rd, Ligon, Jr. of the 3rd, Miller of the 49th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative provisions, so as to change certain provisions regarding the rate of interest to be paid for refunds and on past due taxes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 81. By Senators Wilkinson of the 50th, Ginn of the 47th and Gooch of the 51st: A BILL to be entitled an Act to amend Code Section 12-6-152 of the Official Code of Georgia Annotated, relating to prohibited acts regarding harvesting ginseng, so as to shorten the legal season for harvesting ginseng; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 82. By Senators Gooch of the 51st, Miller of the 49th, Murphy of the 27th, Cowsert of the 46th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to change designations from North Georgia College to 134 JOURNAL OF THE SENATE the University of North Georgia; to designate the University of North Georgia as the senior military college of Georgia; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 83. By Senators Gooch of the 51st, Hill of the 32nd, Carter of the 1st, Beach of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to the supervision and support of paupers, so as to provide for cremation as an alternative for deceased indigents; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 84. By Senators Gooch of the 51st, Hill of the 32nd, Carter of the 1st, Beach of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to commercial drivers' licenses, so as to prohibit persons convicted of felonies or serious criminal offenses against victims who are minors from driving school and charter buses; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 85. By Senators Bethel of the 54th, Mullis of the 53rd, Golden of the 8th, Carter of the 1st, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the 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. Referred to the Health and Human Services Committee. THURSDAY, JANUARY 31, 2013 135 SB 86. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. The following legislation was read the second time: SB 14 Senator Tate of the 38th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Butler (Excused) 136 JOURNAL OF THE SENATE 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 Moore of Savannah, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 114. By Senators Chance of the 16th, Sims of the 12th, Unterman of the 45th, Thompson of the 5th, Jones of the 10th and others: A RESOLUTION commending Georgia State University and recognizing February 6, 2013, as Georgia State University Day at the state capitol; and for other purposes. SR 115. By Senator Tolleson of the 20th: A RESOLUTION congratulating Major General Robert McMahon on being named The Telegraph's Middle Georgian of the Year; and for other purposes. SR 116. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Mr. Mike Proctor and Mr. Monty Daggett; and for other purposes. SR 117. By Senators Hill of the 4th, Stone of the 23rd and Jeffares of the 17th: A RESOLUTION honoring the life and memory of James Tobe Free; and for other purposes. SR 118. By Senators Seay of the 34th, Chance of the 16th, James of the 35th, Sims of the 12th and Jones of the 10th: A RESOLUTION recognizing and commending The Lite House, Inc., for its significant contributions to the community; and for other purposes. SR 119. By Senators Seay of the 34th, Chance of the 16th, Davis of the 22nd, James of the 35th, Sims of the 12th and others: A RESOLUTION congratulating and commending Canton Jones on the distinction of being appointed Student Pastor of New Hope Church in Fayetteville, Georgia; and for other purposes. THURSDAY, JANUARY 31, 2013 137 SR 120. By Senators Gooch of the 51st, Murphy of the 27th, Miller of the 49th, Wilkinson of the 50th, Hill of the 32nd and others: A RESOLUTION commending and recognizing Mr. Neil McBrayer for being honored by the National School Transportation Association as one the safest drivers in the country; and for other purposes. SR 121. By Senators Gooch of the 51st, Wilkinson of the 50th, Bethel of the 54th, Hill of the 32nd, Carter of the 1st and others: A RESOLUTION recognizing January 30, 2013, as Amyotrophic Lateral Sclerosis Awareness Day at the capitol; and for other purposes SR 122. By Senators James of the 35th and Dugan of the 30th: A RESOLUTION recognizing and commending Priscilla Graham; and for other purposes. SR 123. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION commending and recognizing Jamie Gray for her outstanding accomplishments; and for other purposes. SR 124. By Senators Unterman of the 45th, Shafer of the 48th, Chance of the 16th and Staton of the 18th: A RESOLUTION recognizing Court Appointed Special Advocates (CASA) in Georgia for 25 years of service; and for other purposes. SR 125. By Senators Unterman of the 45th, Shafer of the 48th, Chance of the 16th and Staton of the 18th: A RESOLUTION recognizing February 12, 2013, as Girl Scouts Day at the capitol; and for other purposes. SR 126. By Senators Unterman of the 45th, Seay of the 34th and Butler of the 55th: A RESOLUTION recognizing Wednesday, February 13, 2013, as Lupus Awareness Day; and for other purposes. 138 JOURNAL OF THE SENATE SR 127. By Senators Unterman of the 45th, Crosby of the 13th, Tippins of the 37th and Jackson of the 24th: A RESOLUTION recognizing February 27 and February 28, 2013, as Senior Week at the state capitol and commending the contributions of senior Georgians; and for other purposes. SR 128. By Senators Shafer of the 48th, Unterman of the 45th, Balfour of the 9th, Millar of the 40th, Henson of the 41st and others: A RESOLUTION recognizing Wednesday, February 13, 2013, as Gwinnett County Day at the capitol; and for other purposes. Senator Jackson of the 2nd recognized Ms. Stephanie Cutter, commended by SR 67, adopted previously. Senator Jackson of the 2nd recognized and congratulated Mrs. Thomasina JenkinsThompson on the occasion of her retirement, commended by SR 111, adopted previously. Senator Jackson of the 2nd recognized and congratulated James E. Thompson on the occasion of his retirement, commended by SR 112, adopted previously. Mrs. Thomasina Jenkins-Thompson addressed the Senate briefly. Senator Unterman of the 45th recognized the 10th National Wear Red Day and the struggle that women with heart disease face every day, commended by SR 37, adopted previously. American Heart Association volunteer Kimberly Goodloe addressed the Senate briefly. Senator Harbison of the 15th recognized and congratulated Mrs. Jamie Gray, commended by SR 78, adopted previously. Mrs. Jamie Gray addressed the Senate briefly. Senator Jackson of the 2nd recognized St. Joseph's/Candler Health System of Savannah, Georgia, commended by SR 35, adopted previously. Mr. Paul Hinchey addressed the Senate briefly. Serving as the doctor of the day was Dr. Michael Zoller. Senator Staton of the 18th moved that the Senate adjourn until 9:00 a.m. Friday, February 1, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:23 a.m. FRIDAY, FEBRUARY 1, 2013 139 Senate Chamber, Atlanta, Georgia Friday, February 1, 2013 Ninth 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 communication was read by the Secretary: Senator David Shafer District 48 321 State Capitol Atlanta, GA 30334 Committees: Insurance and Labor Appropriations Finance Health and Human Services Reapportionment and Redistricting Banking and Financial Institutions Regulated Industries and Utilities Rules COMMITTEE ON ADMINISTRATIVE AFFAIRS COMMITTEE ON ASSIGNMENTS January 31, 2013 Honorable Bob Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334 The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE Dear Bob: Enclosed is a copy of the letter showing my committee assignments. 140 JOURNAL OF THE SENATE I was appointed to the Senate Banking and Financial Institutions Committee as an ex officio member; however, my name was inadvertently omitted from the Senate Committee Long list dated Tuesday, January 22, 2013. Please update the Long List. I am copying Senator John Crosby, Chairman of the Committee, so that he will add me to the official committee roster. Thank you in advance for your attention to this matter. Very truly yours, /s/ David J. Shafer State Senator, District 48 OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor January 14, 2013 Honorable David Shafer P.O. Box 880 Duluth, GA 30096 Dear Senator Shafer, Below are your committee assignments for the upcoming session. Committee: 1. Appropriations 2. Banking and Financial Institutions 3. Finance 4. Health and Human Services 5. Insurance and Labor 6. Reapportionment and Redistricting 7. Regulated Industries and Utilities 8. Rules Committee Role: Ex-Officio Ex-Officio Ex-Officio FRIDAY, FEBRUARY 1, 2013 141 Congratulations on your committee assignments. We look forward to working with you and having a productive session. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate /s/ David Shafer Senator David Shafer President Pro-Tempore /s/ Ronnie Chance Senator Ronnie Chance Majority Leader /s/ Ross Tolleson Senator Ross Tolleson District 20 /s/ Renee Unterman Senator Renee Unterman District 45 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 55. By Representatives Golick of the 40th, Ramsey of the 72nd, Atwood of the 179th, Pak of the 108th, Coomer of the 14th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change provisions relating to interception of wire or oral transmissions by law enforcement officers; to change provisions relating to the application and issuance of orders authorizing installation and use of pen register and trap and trace device; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 57. By Representatives Ramsey of the 72nd, Golick of the 40th, Cooke of the 18th, Hightower of the 68th, Gravley of the 67th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to expand the definition of Schedule I controlled substances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 142 JOURNAL OF THE SENATE HB 86. By Representatives Channell of the 120th and Kidd of the 145th: 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. 1996, p. 3721), so as to change the compensation for the judge of the State Court of Putnam County and the solicitor-general of the State Court of Putnam County; 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 87. By Senators Ginn of the 47th, Wilkinson of the 50th and Harper of the 7th: A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to marketing facilities, organizations, and programs, so as to repeal the roadside markets incentive program; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 88. By Senators Heath of the 31st, Loudermilk of the 14th, Crane of the 28th and Williams of the 19th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to general provisions regarding dangerous instrumentalities and practices, so as to provide that no officer or employee of the state or any political subdivision of the state, no persons performing governmental functions, and no firearms dealer shall enforce or attempt to enforce any federal law or regulation relating to a personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in this state and that remains exclusively within the borders of this state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 89. By Senators Fort of the 39th, Tate of the 38th, Sims of the 12th and James of the 35th: A BILL to be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to FRIDAY, FEBRUARY 1, 2013 143 persons and property generally, so as to require every public and private school and every early care and education program to have carbon monoxide detectors and warning equipment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 90. By Senators Gooch of the 51st, Miller of the 49th, Mullis of the 53rd, Chance of the 16th, Beach of the 21st and others: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as provide for the periodic submission of certain information by state, regional, and local transportation authorities to the Governor's Development Council; to require the submission of certain information to the Georgia Coordinating Committee for Rural and Human Services Transportation by the Governor's Development Council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 91. By Senators Harper of the 7th, Wilkinson of the 50th, Mullis of the 53rd, Staton of the 18th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to repeal the "Emerging Crops Fund Act"; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. The following House legislation was read the first time and referred to committee: HB 55. By Representatives Golick of the 40th, Ramsey of the 72nd, Atwood of the 179th, Pak of the 108th, Coomer of the 14th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change provisions relating to interception of wire or oral transmissions by law enforcement officers; to change provisions relating to the application and issuance of orders authorizing installation and use of pen register and trap and trace device; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. 144 JOURNAL OF THE SENATE HB 57. By Representatives Ramsey of the 72nd, Golick of the 40th, Cooke of the 18th, Hightower of the 68th, Gravley of the 67th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to expand the definition of Schedule I controlled substances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 86. By Representatives Channell of the 120th and Kidd of the 145th: 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. 1996, p. 3721), so as to change the compensation for the judge of the State Court of Putnam County and the solicitor-general of the State Court 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. Senator Chance of the 16th 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 Davis of the 22nd introduced the chaplain of the day, Reverend Melvin Ivey of Augusta, Georgia, who offered scripture reading and prayer. Senator Jeffares of the 17th introduced another chaplain for today, Reverend Paul Leslie of McDonough, 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 129. By Senator Jackson of the 24th: A RESOLUTION honoring the life and memory of Lewis P. Robertson; and for other purposes. FRIDAY, FEBRUARY 1, 2013 145 SR 130. By Senator Wilkinson of the 50th: A RESOLUTION honoring the life and memory of Morris Frady; and for other purposes. SR 131. By Senators James of the 35th and Dugan of the 30th: A RESOLUTION recognizing and commending Ms. Dorothy Danley Sparks; and for other purposes. SR 132. By Senators Chance of the 16th and Seay of the 34th: A RESOLUTION recognizing and congratulating the McIntosh High School Lady Chiefs soccer team of Fayette County for winning the Class AAAAA State Championship; and for other purposes. SR 133. By Senators Unterman of the 45th, James of the 35th, Davenport of the 44th, Butler of the 55th and Orrock of the 36th: A RESOLUTION recognizing September as Thrombosis Awareness Month in Georgia; and for other purposes. SR 134. By Senator Stone of the 23rd: A RESOLUTION recognizing the Medical College of Georgia at Georgia Regents University's 185th anniversary; and for other purposes. Senator Chance of the 16th moved that the Senate stand adjourned pursuant to HR 50 until 1:00 p.m. Monday, February 4, 2013; the motion prevailed, and at 9:57 a.m. the President announced the Senate adjourned. 146 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 4, 2013 Tenth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communications were received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 February 1, 2013 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Hunter Hill to serve as an Ex-Officio member of the Senate Retirement Committee. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate /s/ David Shafer Senator David Shafer President Pro-Tempore /s/ Ronnie Chance Senator Ronnie Chance Majority Leader /s/ Ross Tolleson Senator Ross Tolleson District 20 /s/ Renee Unterman Senator Renee Unterman District 45 MONDAY, FEBRUARY 4, 2013 147 OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 February 1, 2013 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Judson Hill to serve as an Ex-Officio member of the Senate Health and Human Services Committee. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate /s/ David Shafer Senator David Shafer President Pro-Tempore /s/ Ronnie Chance Senator Ronnie Chance Majority Leader /s/ Ross Tolleson Senator Ross Tolleson District 20 /s/ Renee Unterman Senator Renee Unterman District 45 OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor February 1, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 148 JOURNAL OF THE SENATE Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Bill Jackson to serve as an Ex-Officio member of the Senate Transportation Committee. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate /s/ Ross Tolleson Senator Ross Tolleson District 20 /s/ David Shafer Senator David Shafer President Pro-Tempore /s/ Renee Unterman Senator Renee Unterman District 45 /s/ Ronnie Chance Senator Ronnie Chance Majority Leader OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 February 1, 2013 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Valencia Seay to serve as an Ex-Officio member of the Senate Transportation Committee. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate /s/ Ross Tolleson Senator Ross Tolleson District 20 /s/ David Shafer Senator David Shafer President Pro-Tempore /s/ Renee Unterman Senator Renee Unterman District 45 /s/ Ronnie Chance Senator Ronnie Chance Majority Leader MONDAY, FEBRUARY 4, 2013 149 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 24. By Senators Bethel of the 54th, Jeffares of the 17th and Jackson of the 24th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to enact the "Hospital Medicaid Financing Program Act"; to authorize the Department of Community Health to assess a provider payment on hospitals for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for rules and regulations; to provide for a segregated account within the Indigent Care Trust Fund; to provide for the use of funds; to provide for repeal unless reauthorized; 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 92. By Senators Fort of the 39th, Henson of the 41st, Ramsey, Sr. of the 43rd, Mullis of the 53rd, James of the 35th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to add public transit to the authorized purposes for the proceeds of such tax; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 93. By Senators Heath of the 31st, Gooch of the 51st, Tolleson of the 20th, Shafer of the 48th, 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 suppressors on hunting firearms under certain circumstances; to provide for suspension of hunting privileges for 150 JOURNAL OF THE SENATE 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 suppressor equipped firearm; 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 94. By Senators Millar of the 40th, Unterman of the 45th, Hufstetler of the 52nd and Albers of the 56th: 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. Referred to the Health and Human Services Committee. SB 95. By Senators Millar of the 40th, Staton of the 18th, Shafer of the 48th and Cowsert of the 46th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, and Code Section 21-2-139 of the Official Code of Georgia Annotated, relating to the authorization for and conduct of nonpartisan elections, so as to provide that, in counties that utilize a chief executive officer/county commission form of government, all elections for the chief executive officer shall be conducted on a nonpartisan basis; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 97. By Senators Wilkinson of the 50th, Heath of the 31st and Ginn of the 47th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to create the Agricultural Commodity Commission for Beef; to provide for membership; to establish powers and limitations regarding assessments; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. MONDAY, FEBRUARY 4, 2013 151 SB 98. By Senators Hill of the 32nd, Gooch of the 51st, Miller of the 49th, Heath of the 31st, Ligon, Jr. of the 3rd 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 provide a definition; 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 99. By Senators Hill of the 32nd, Gooch of the 51st, Staton of the 18th, Chance of the 16th, Loudermilk of the 14th and others: 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. Referred to the Finance Committee. SB 100. By Senators Wilkinson of the 50th, Tippins of the 37th, Sims of the 12th and Miller of the 49th: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to reestablish the Career and Technical Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and 152 JOURNAL OF THE SENATE offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 102. By Senators Ginn of the 47th, Wilkinson of the 50th, Loudermilk of the 14th, Chance of the 16th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Code Section 21-2-50 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to modify the training of certain election registrars and superintendents of elections; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to require state-issued drivers' licenses, permits, and identification cards to have a notation expressing ineligibility to vote where applicable; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SR 139. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION requesting that Congress reexamine the United States Postal Service's initiative to conduct Area Mail Processing studies; and for other purposes. Referred to the Government Oversight Committee. Senator Seay of the 34th asked unanimous consent that Senator Davis of the 22nd be excused. The consent was granted, and Senator Davis was excused. 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 Miller of the 49th asked unanimous consent that Senator Gooch of the 51st be excused. The consent was granted, and Senator Gooch was excused. MONDAY, FEBRUARY 4, 2013 153 The following Senators were excused for business outside the Senate Chamber: Ramsey, Sr. of the 43rd Thompson of the 33rd The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, B Carter, J Cowsert Crane Crosby Dugan Fort Ginn Golden Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B James Jeffares Jones, B Jones, E Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Seay Shafer Sims Staton Stone Tate Thompson, C Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Chance Gooch (Excused) Ramsey (Excused) Davenport Jackson, L. (Excused) Thompson, S. (Excused) Davis (Excused) Lucas The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Lucas Jackson, L. Chance Davenport The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Tippins of the 37th introduced the chaplain of the day, Reverend Nelson Price of Kennesaw, Georgia, who offered scripture reading and prayer. Senator Tolleson of the 20th introduced the doctor of the day, Dr. K. Scott Malone. 154 JOURNAL OF THE SENATE Senator Wilkinson of the 50th recognized 4-H clubs of Georgia, commended by SR 39, adopted previously. Ms. Tifara Brown, State 4-H Club President, addressed the Senate briefly. The following resolutions were read and adopted: SR 135. By Senators Butler of the 55th, Seay of the 34th, James of the 35th, Sims of the 12th, Unterman of the 45th and others: A RESOLUTION recognizing May 11, 2013, as Cornelia de Lange Syndrome Awareness Day; and for other purposes. SR 136. By Senator Unterman of the 45th: A RESOLUTION recognizing Wednesday, February 6, 2013, as Skin Cancer Awareness Day at the state capitol; and for other purposes. SR 137. By Senators Butler of the 55th, Ramsey, Sr. of the 43rd, Seay of the 34th, Davis of the 22nd, Sims of the 12th and others: A RESOLUTION recognizing February, 2013, as Black History Month at the state capitol; and for other purposes. SR 138. By Senator Albers of the 56th: A RESOLUTION recognizing, commending, and honoring Mrs. Alice Laird Hyche; and for other purposes. SR 140. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Matthew Nichols; and for other purposes. SR 141. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Ms. Kristina Adrienne Ortiz; and for other purposes. SR 142. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Rachel Webb; and for other purposes. MONDAY, FEBRUARY 4, 2013 155 SR 143. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Sheila Hunter; and for other purposes. SR 144. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Kristy Sutton; and for other purposes. SR 145. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Brendan Prather; and for other purposes. SR 146. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Marcus Scrutchins; and for other purposes. SR 147. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION honoring the life and memory of Mr. Willie Bowman; and for other purposes. SR 148. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Maigen Skelton; and for other purposes. SR 149. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Coach Brian Osborne; and for other purposes. SR 150. By Senators James of the 35th and Dugan of the 30th: A RESOLUTION recognizing and commending Georgie Hall Danley for her significant accomplishments; and for other purposes. SR 151. By Senators Henson of the 41st, Tate of the 38th and Butler of the 55th: A RESOLUTION commending and recognizing Frank Gullatte for his outstanding accomplishments; and for other purposes. 156 JOURNAL OF THE SENATE SR 152. By Senators Carter of the 1st, Mullis of the 53rd, Albers of the 56th and Gooch of the 51st: A RESOLUTION honoring and commending the firefighters of Georgia and recognizing the 41st annual Firefighters' Recognition Day on February 5, 2013; and for other purposes. SR 153. By Senator Crane of the 28th: A RESOLUTION congratulating the Coweta County 4-H Horse and Pony Club on their Mounted Drill Team Georgia State Championship win; and for other purposes. SR 154. By Senators Henson of the 41st, Butler of the 55th and Jones of the 10th: A RESOLUTION recognizing and commending Victory of the World Church on the occasion of its 25th anniversary; and for other purposes. SR 155. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Chris Barrett; and for other purposes. SR 156. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Diana Gherghi; and for other purposes. SR 157. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Linda Rolling; and for other purposes. SR 158. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Bob Windom; and for other purposes. SR 159. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Dr. Champ Baker; and for other purposes. MONDAY, FEBRUARY 4, 2013 157 SR 160. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of Reverend Willie C. Kimbrough; and for other purposes. SR 161. By Senators Henson of the 41st, Tate of the 38th, Seay of the 34th, Thompson of the 5th, Butler of the 55th and others: A RESOLUTION recognizing and commending Black Star Educational Institute; and for other purposes. Senator Staton of the 18th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 5, 2013. The motion prevailed, and the President announced the Senate adjourned at 1:40 p.m. 158 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 5, 2013 Eleventh 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 5. By Representatives Waites of the 60th, Glanton of the 75th, Stovall of the 74th, Jordan of the 77th and Scott of the 76th: A BILL to be entitled an Act to amend an Act incorporating the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, particularly by an Act approved March 25, 1997 (Ga. L. 1997, p. 3545), so as to change the number of councilmember votes for calling a special meeting, transacting business, overriding a veto, transacting emergency business, removing the city manager, removing a director, removing a member of a board, or removing an officer; to remove a certain provision relating to at-large voting; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters, to repeal conflicting laws; and for other purposes. HB 147. By Representative McCall of the 33rd: A BILL to be entitled an Act to amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by TUESDAY, FEBRUARY 5, 2013 159 an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), 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. The following House legislation was read the first time and referred to committee: HB 5. By Representatives Waites of the 60th, Glanton of the 75th, Stovall of the 74th, Jordan of the 77th and Scott of the 76th: A BILL to be entitled an Act to amend an Act incorporating the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, particularly by an Act approved March 25, 1997 (Ga. L. 1997, p. 3545), so as to change the number of councilmember votes for calling a special meeting, transacting business, overriding a veto, transacting emergency business, removing the city manager, removing a director, removing a member of a board, or removing an officer; to remove a certain provision relating to at-large voting; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters, to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 147. By Representative McCall of the 33rd: A BILL to be entitled an Act to amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), 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. 160 JOURNAL OF THE SENATE The following committee reports were read by the Secretary: Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 60 Do Pass as amended 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: SB 28 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman 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. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Tate Thompson, S Tippins Tolleson TUESDAY, FEBRUARY 5, 2013 161 Fort Ginn Golden Gooch Ligon Loudermilk Lucas McKoon Unterman Wilkinson Williams Not answering were Senators: Millar (Excused) Thompson, C. Senator Thompson of the 5th was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Balfour of the 9th introduced the chaplain of the day, Reverend Guy Priester of Snellville, Georgia, who offered scripture reading and prayer. Senator Unterman of the 45th recognized Court Appointed Special Advocates (CASA) in Georgia for 25 years of service, commended by SR 124, adopted previously. Duaine Hathaway, Executive Director of the Georgia CASA, addressed the Senate briefly. Senator Wilkinson of the 50th recognized February 5, 2013, as Equine Youth Day at the state capitol, commended by SR 85, adopted previously. Ann Jones addressed the Senate briefly. Senator Jackson of the 24th introduced the doctor of the day, Dr. Bruce M. LeClair. Senator Stone of the 23rd recognized the Medical College of Georgia at Georgia Regents University's 185th anniversary, commended by SR 134, adopted previously. Dr. Paul Wallach, Vice Dean of the Medical College of Georgia, addressed the Senate briefly. Senator Harbison of the 15th recognized February 5, 2013, as Columbus Day at the state capitol, commended by SR 77, adopted previously. Teresa Tomlinson, Mayor of Columbus, addressed the Senate briefly. The following resolutions were read and adopted: SR 162. By Senators Chance of the 16th and Seay of the 34th: A RESOLUTION honoring the life and memory of Dr. Ferrol Sams, Jr.; and for other purposes. 162 JOURNAL OF THE SENATE SR 163. By Senators Chance of the 16th, Mullis of the 53rd, Orrock of the 36th, James of the 35th, Seay of the 34th and others: A RESOLUTION recognizing February 7, 2013, as Turkish American Day at the capitol and commending the contributions of the Istanbul Center and Turkish Americans to the State of Georgia; and for other purposes. SR 164. By Senators Henson of the 41st, Tate of the 38th, Unterman of the 45th, Butler of the 55th, Crosby of the 13th and others: A RESOLUTION honoring the life and memory of Rachel Fowler; and for other purposes. SR 165. By Senators Crosby of the 13th, Stone of the 23rd, McKoon of the 29th, Jackson of the 24th, Cowsert of the 46th and others: A RESOLUTION commending the Judicial Council and the Administrative Office of the Courts on 40 years of developing and improving statewide court administration; 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 5, 2013 Eleventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 28 Staton of the 18th Lucas of the 26th PAYNE CITY A BILL to be entitled an Act to repeal an Act creating a new charter for Payne City, approved May 16, 2007 (Ga. L. 2007, p. 3555), so as to abolish Payne City; to provide for the disposition of the assets, property, and legal rights and obligations of the city and the winding up of city affairs; to provide for submission under the federal Voting Rights Act of 1965, as amended; to 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. TUESDAY, FEBRUARY 5, 2013 163 On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Ramsey Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson Williams On the passage of the local legislation, the yeas were 50, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senators Carter of the 1st and Albers of the 56th recognized the firefighters of Georgia and commemorated the 41st annual Firefighters' Recognition Day on February 5, 2013, commended by SR 152, adopted previously. Senators Hill of the 4th and Bethel of the 54th recognized Blue Key Honor Society. Senator Mullis of the 53rd recognized Mr. Mike Proctor and Mr. Monty Daggett, commended by SR 116, adopted previously. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 6, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:30 a.m. 164 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 6, 2013 Twelfth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 96. By Senators Mullis of the 53rd, Stone of the 23rd, Thompson of the 5th, Hufstetler of the 52nd, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to solicitors-general of state courts, so as to provide that a part-time solicitor-general of the state court and any part-time assistant solicitor-general may engage in the private practice of law but shall not represent defendants in criminal matters in such solicitorgeneral's state court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 103. By Senators Golden of the 8th, Shafer of the 48th, Chance of the 16th and Henson of the 41st: A BILL to be entitled an Act to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of the Technical College System of Georgia, so as to provide for the designation of community colleges; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. WEDNESDAY, FEBRUARY 6, 2013 165 SB 104. By Senators Ginn of the 47th, Jeffares of the 17th, Albers of the 56th, Carter of the 42nd, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the minimum elements addressed and included in comprehensive plans of local governments; to remove the requirement for certain findings with regard to projects of regional importance or impact; to remove certain limitations on actions by counties or municipalities with regard to local plans; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 105. By Senators Davis of the 22nd and Bethel of the 54th: 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 provide for a definition; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer when 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. 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 65 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: SB 66 Do Pass Respectfully submitted, Senator McKoon of the 29th District, Chairman 166 JOURNAL OF THE SENATE Mr. President: The Judiciary Non-Civil Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 55 Do Pass Respectfully submitted, Senator Stone of the 23rd 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 63 HB 64 HB 65 Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following legislation was read the second time: SB 60 Senator Lucas of the 26th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Miller Mullis Murphy Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C WEDNESDAY, FEBRUARY 6, 2013 167 Davis Dugan Fort Ginn Golden Gooch Harbison Jones, B Jones, E Ligon Loudermilk McKoon Millar Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Balfour Lucas (Excused) Orrock Senator Orrock was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Jones of the 25th introduced the chaplain of the day, Reverend Robert Henderson of Indian Springs, Georgia, who offered scripture reading and prayer. Senator Shafer of the 48th introduced the doctor of the day, Dr. Indran Krishnan. Senator Chance of the 16th recognized Georgia State University and recognized February 6, 2013, as Georgia State University Day at the state capitol, commended by SR 114, adopted previously. President Mark P. Becker addressed the Senate briefly. Senator Mullis of the 53rd recognized February 7, 2013, as Turkish American Day at the capitol and commended the contributions of the Istanbul Center and Turkish Americans to the State of Georgia, commended by SR 163, adopted previously. Senator Seay of the 34th recognized The Lite House, Inc., for its significant contributions to the community, commended by SR 118, adopted previously. Executive Director Melvin Morris addressed the Senate briefly. Senator Crosby of the 13th recognized the annual Cordele-Crisp County Fish Fry and commended Mr. Eli Tinsley, Mr. Jamie Fernandez, Mr. Arthur James Nance, Mr. Bub Denham, and the Cordele-Crisp County Fish Fry cooking team, commended by SR 29, adopted previously. Mr. Arthur James Nance addressed the Senate briefly. Senator Unterman of the 45th recognized Wednesday, February 6, 2013, as Skin Cancer Awareness Day at the state capitol, commended by SR 136, adopted previously. 168 JOURNAL OF THE SENATE Senator Fort of the 39th asked unanimous consent that the following bill be withdrawn from the Senate Finance Committee and committed to the Senate Urban Affairs Committee: SB 92. By Senators Fort of the 39th, Henson of the 41st, Ramsey, Sr. of the 43rd, Mullis of the 53rd, James of the 35th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to add public transit to the authorized purposes for the proceeds of such tax; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 92 was committed to the Senate Urban Affairs Committee. The following resolutions were read and adopted: SR 166. By Senator Sims of the 12th: A RESOLUTION recognizing and commending Mr. Arthur Berry; and for other purposes. SR 167. By Senators Davenport of the 44th, Tate of the 38th, Butler of the 55th, Seay of the 34th, Fort of the 39th and others: A RESOLUTION recognizing and commending Mrs. Jo Ellen Smith on the occasion of her retirement; and for other purposes. SR 168. By Senators Cowsert of the 46th, Ginn of the 47th, McKoon of the 29th and Millar of the 40th: A RESOLUTION recognizing and commending Dr. Michael F. Adams on his extraordinary accomplishments as president of the University of Georgia; and for other purposes. SR 169. By Senators Cowsert of the 46th, Ginn of the 47th, Tippins of the 37th and Millar of the 40th: A RESOLUTION recognizing and commending James Robert Chambers, Jr.; and for other purposes. WEDNESDAY, FEBRUARY 6, 2013 169 SR 170. By Senators Davenport of the 44th, Tate of the 38th, Butler of the 55th, Seay of the 34th, Fort of the 39th and others: A RESOLUTION recognizing and commending Dr. Donna Jean Vining on the occasion of her retirement; and for other purposes. SR 171. By Senators Butler of the 55th and James of the 35th: A RESOLUTION commending Delta Sigma Theta Sorority, Inc.; and for other purposes. SR 172. By Senators Carter of the 1st, Shafer of the 48th, Hill of the 32nd, Ginn of the 47th, Staton of the 18th and others: A RESOLUTION recognizing and commending the Georgia Aerospace Industry for its significant beneficial impact on the people and economy of the State of Georgia; and for other purposes. SR 173. By Senator Shafer of the 48th: A RESOLUTION commending the American Red Cross and recognizing March, 2013, as American Red Cross Month in Georgia; and for other purposes. SR 174. By Senators Davenport of the 44th, Ramsey, Sr. of the 43rd, James of the 35th, Seay of the 34th, Jones of the 10th and others: A RESOLUTION recognizing and commending Ms. Nancy Ricciardi upon the occasion of her retirement; and for other purposes. SR 175. By Senators Orrock of the 36th, Unterman of the 45th, Davenport of the 44th, Fort of the 39th, Carter of the 42nd and others: A RESOLUTION congratulating and commending Imagine It! The Children's Museum of Atlanta on its tenth anniversary; and for other purposes. SR 176. By Senators Miller of the 49th, Ginn of the 47th, Unterman of the 45th, Wilkinson of the 50th and Gooch of the 51st: A RESOLUTION recognizing and commending the Parachute Packers Club of Flowery Branch High School; and for other purposes. 170 JOURNAL OF THE SENATE SR 177. By Senators Miller of the 49th, Ginn of the 47th, Wilkinson of the 50th and Gooch of the 51st: A RESOLUTION recognizing and commending Dr. Denise Funk; and for other purposes. SR 178. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Ms. Deborah Keith Mack; and for other purposes. SR 179. By Senators Miller of the 49th, Gooch of the 51st, Shafer of the 48th and Chance of the 16th: A RESOLUTION recognizing and commending Joe T. Wood, Sr., outstanding Georgia citizen, on the occasion of his 90th birthday; and for other purposes. SR 180. By Senator Wilkinson of the 50th: A RESOLUTION recognizing February 19, 2013, as Toccoa-Stephens County Day at the state capitol; and for other purposes. Senator Staton of the 18th 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 6, 2013 Twelfth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 63 Jones of the 25th GREENE COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 698), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 411), so as WEDNESDAY, FEBRUARY 6, 2013 171 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 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 64 Jones of the 25th GREENE COUNTY A BILL to be entitled an Act to amend an Act to provide that certain officials of Greene County who have served at least 15 years in office may, upon leaving, continue to participate in the county health insurance program for themselves and their dependents by paying the total cost of such participation, approved May 16, 2007 (Ga. L. 2007, p. 3664), so as to clarify the qualifications for participation in such health insurance program; to remove the coroner from eligibility to participate in such health insurance program; to prohibit persons who are separated from the county by their commission of an illegal act from participating in such health insurance program; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 65 Jones of the 25th GREENE COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 693), and by an Act approved September 21, 2011 (Ga. L. 2011, Ex. Sess., p. 417), 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 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. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. 172 JOURNAL OF THE SENATE On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Vacant 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 203. By Representative Ralston of the 7th: A RESOLUTION to provide for the nomination and election of the state auditor; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Hill of the 6th Hill of the 32nd WEDNESDAY, FEBRUARY 6, 2013 173 SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 6, 2013 TWELFTH LEGISLATIVE DAY SB 14 Georgia Alzheimer's and Related Dementias State Plan Task Force; create (Substitute)(H&HS-45th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 14. By Senators Unterman of the 45th, Wilkinson of the 50th, Crosby of the 13th, Hill of the 4th and Orrock of the 36th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to create a Georgia Alzheimer's and Related Dementias State Plan Task Force; to provide for legislative intent; to provide for its members and vacancies; to provide for duties and responsibilities; to provide for a chairperson; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SB 14: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to create a Georgia Alzheimer's and Related Dementias State Plan Task Force; to provide for legislative intent; to provide for its members and vacancies; to provide for duties and responsibilities; to provide for a chairperson; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 174 JOURNAL OF THE SENATE SECTION 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, is amended by adding a new article to read as follows: "ARTICLE 9 31-8-300. The General Assembly finds and declares that Alzheimer's disease is a looming national public health crisis and impacts every state. It is important for Georgia to assess its ability to provide appropriate and necessary programs and services to Georgia's citizens living with Alzheimer's disease and related dementias, and determine where Georgia is, where Georgia is doing well, where gaps may exist, and where the private sector, public sector, nonprofit and faith-based communities' resources may be leveraged to ensure that Georgia grows to be fully dementia capable. The General Assembly further finds that access to quality health care for Alzheimer's and related dementias and the rising cost of such care are vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to address this issue. 31-8-301. There is created the Georgia Alzheimer's and Related Dementias State Plan Task Force for the purpose of studying and collecting information and data to assess the current and future impact of Alzheimer's disease on Georgia's citizens; to examine the existing industries, services, and resources addressing the needs of persons with Alzheimer's disease, their families, and caregivers; to review the National Alzheimer's Disease Plan currently under development by the federal Department of Health and Human Services; and to develop a strategy to mobilize a state response to Alzheimer's and related dementias as a public health crisis by creating a state plan. 31-8-302. (a) The Georgia Alzheimer's and Related Dementias State Plan Task Force shall be composed of six members and shall include the director of the Division of Aging Services within the Department of Human Services, the commissioner of community health or his or her designee, the state health officer or his or her designee, the chairperson of the House Committee on the Health and Human Services, the chairperson of the Senate Health and Human Services Committee, and the chairperson of the House Committee on Human Relations and Aging. (b) The director of the Division of Aging Services within the Department of Human Services shall serve as the chairperson of the task force. The task force may elect other officers as deemed necessary. The chairperson of the task force may designate and appoint committees from among the membership of the task force as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie. WEDNESDAY, FEBRUARY 6, 2013 175 (c) The task force shall invite other advisory members to assist the committee and may consider the following in making its selection: a person with Alzheimer's disease; a person with Alzheimer's related dementia; such person's caregiver; a representative of the nursing facility industry; a representative from the adult day care services industry; a representative of the home health industry; a representative of the personal care home industry; a physican; a consultant pharmacist; an Alzheimer's disease and related dementias researcher; law enforcement personnel; and other stakeholders from the public, private, and nonprofit sectors, voluntary health organizations, and the faithbased community. 31-8-303. (a) The task force shall hold meetings at the call of the chairperson. (b) A quorum for transacting business shall be a majority of the members of the task force. (c) The members of the task force shall serve without compensation. (d) The Division of Aging Services within the Department of Human Services shall provide administrative support to the task force. (e) Each legislative member of the task force shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the task force who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the task force, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the task force in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the House of Representatives and the Senate. 31-8-304. (a) The purpose of the task force shall be to create a comprehensive state plan for Georgia to address Alzheimer's and related dementias and shall include, at a minimum: (1) Trends in state Alzheimer's and related dementias population and needs, including the changing population with dementia, including, but not limited to: (A) State role in long-term care, family caregiver support, and assistance to persons with early stage and early onset Alzheimer's disease; (B) State policy regarding persons with Alzheimer's disease and developmental disabilities; and (C) Ongoing periodic surveillance of persons with Alzheimer's disease for purposes of having proper estimates of the number of persons in the state with Alzheimer's 176 JOURNAL OF THE SENATE disease, and for the development of a response to this chronic condition that has risen to the level of a public health crisis; (2) Existing services, resources, and capacity, including but not limited to the: (A) Type, cost, and availability of dementia services; (B) Dementia-specific training requirements for long-term care staff; (C) Quality care measures for long-term care facilities; (D) Capacity of public safety and law enforcement to respond to persons with Alzheimer's disease; (E) Availability of home- and community-based resources for persons with Alzheimer's disease and respite care to assist families; (F) Inventory of long-term care dementia care units; (G) Adequacy and appropriateness of geriatric-psychiatric units for persons with behavior disorders associated with Alzheimer's disease and related dementias; (H) Assisted living residential options for persons with dementia; (I) State support of Alzheimer's disease research through Georgia universities and other resources; (J) Medical education, content, and quality of course offerings and requirements for dementia training provided to students in medical education programs at all levels of education within both state and private programs from emergency medical technician and nursing assistant programs through advanced medical specialties and medical continuing education; (K) Inventory of federal agencies who provide funding, services, programs, or resources for individuals with Alzheimer's disease or a related dementia, caregivers, medical professionals, or professional care providers; and (L) Gaps in services; (3) Needed state policies or responses, including but not limited to directions for the provision of clear and coordinated services and support to persons and families living with Alzheimer's disease and related disorders and strategies to address any identified gaps in services; (4) Ways in which state and local agencies, private sector, quasi-governmental, voluntary health organizations, the faith community, and nonprofit organizations can collaborate and work together to form a seamless network of education, support, and other needed services to those living with Alzheimer's disease and related dementias and their families; and (5) Specific areas to addressed, including: (A) Increasing awareness of Alzheimer's disease among the public; (B) Encouraging increased detection and diagnosis of Alzheimer's disease; (C) Improving the individual health care that those with Alzheimer's disease receive; (D) Improving the quality of the health care system in serving people with Alzheimer's disease; (E) Expanding the capacity of the health care system to meet the growing number and needs of those with Alzheimer's disease; WEDNESDAY, FEBRUARY 6, 2013 177 (F) Training and better equipping health care professionals and others to deal with individuals with Alzheimer's disease; (G) Workforce development by increasing the number of health care professionals that will be necessary to treat the growing aging and Alzheimer's populations; (H) Improving services provided in the home and community to delay and decrease the need for institutionalized care; (I) Improving access to long-term care, including assisted living, for those with Alzheimer's disease; (J) Assisting unpaid Alzheimer's caregivers; (K) Increasing research on Alzheimer's disease; (L) Promoting activities that would maintain and improve brain health; (M) Creating a better system of data collection regarding Alzheimer's disease and its public health burden; (N) Public safety and addressing the safety related needs of those with Alzheimer's disease, including in-home safety for those living at home, Mattie's Call and safety of those who wander or are found wandering but who need supervision until they can be reunited with their family or professional caregiver and driving safety, including assessments and taking the license away when a person with dementia is no longer capable of driving safely; (O) Addressing legal protections for, and legal issues faced by, individuals with Alzheimer's disease; and (P) Improving how state government evaluates and adopts policies to help people with Alzheimer's disease and their families; determination of which department of state government is the most appropriate agency to house the ongoing work of the Georgia Alzheimer's and Related Dementias State Plan Task Force as it convenes annually to ensure track and report progress as Georgia becomes a more dementiacapable state. (b) The task force shall have the following powers: (1) To hold public meetings and utilize technological means, such as webcasts, to gather feedback on the recommendations from persons and families affected by Alzheimer's disease and related dementias and from the general public; (2) To request and receive data from and review the records of appropriate agencies and health care facilities to the greatest extent allowed by state and federal law; (3) To accept public or private grants, devises, and bequests; and (4) To enter into all contracts or agreements necessary or incidental to the performance of its duties. (c) Prior to the final report required in subsection (d) of this Code section, the task force may advise on legislation and other recommended changes to the Governor and the General Assembly. (d) The task force shall issue a state plan which shall include proposed legislation, if any, to the Governor and the General Assembly on or before March 31, 2014. 178 JOURNAL OF THE SENATE 31-8-305. (a) Upon the abolishment of the task force as provided by this article, there shall be created the Georgia Alzheimer's and Related Dementias Advisory Council. (b) The advisory council membership shall include the same membership as the original task force as provided for in this article. (c) The advisory council shall meet at least annually to review the progress of the state plan and to make any recommendations for changes, as well as recommend any legislation needed to implement the plan. 31-8-306. The task force shall stand abolished on March 31, 2014." 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 Beach Y Bethel Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Harper Y Heath Y Henson E Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Vacant WEDNESDAY, FEBRUARY 6, 2013 179 Y Golden Y Gooch Y Harbison Y McKoon Y Millar Y Miller Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 14, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Thursday, February 7, 2013. The motion prevailed, and the President announced the Senate adjourned at 12:04 p.m. 180 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 7, 2013 Thirteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 106. By Senators Thompson of the 5th, James of the 35th, Jones of the 10th, Sims of the 12th, Butler of the 55th 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 of foreclosure, so as to provide that an appraisal must be performed for a deficiency judgment on real estate sold on foreclosure; to provide for deficiency judgment amount determinations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 107. By Senators Thompson of the 5th, Jones of the 10th, James of the 35th, Sims of the 12th, Butler of the 55th and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that the amount of a HOPE scholarship shall be accepted as full payment of tuition by University System of Georgia institutions; to provide that the amount of a HOPE grant shall be accepted as full payment of tuition by institutions of the Technical College System of Georgia; to provide for related matters; to provide for a contingent effective date and contingent repeal; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. THURSDAY, FEBRUARY 7, 2013 181 SB 108. By Senators Jackson of the 2nd, Sims of the 12th, Fort of the 39th, Henson of the 41st, Ramsey, Sr. of the 43rd and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to revise provisions relating to foreclosure of security deeds; to change provisions relating to the transfer of security deeds; to require recording prior to foreclosure; to provide for owners' rights to obtain payoff balances from creditors; to change provisions relating to the timing, contents, and manner of delivery of foreclosure notices; to amend Title 16 of the O.C.G.A., relating to crimes, so as to change provisions relating to the crime of residential mortgage fraud; to provide for the crime of residential foreclosure fraud and prescribe elements of the crime and penalties; to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 109. By Senators James of the 35th, Henson of the 41st, Tate of the 38th, Fort of the 39th, Ramsey, Sr. of the 43rd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to revise certain definitions relating to tuition equalization grants and HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 110. By Senators Tate of the 38th, Harbison of the 15th, Jackson of the 2nd, Henson of the 41st, Sims of the 12th and others: A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions applicable to motor vehicles and traffic, so as to prohibit the use of telecommunications devices for oral communications, unless such device is a hands-free communication device; to provide for exceptions; 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. 182 JOURNAL OF THE SENATE SB 111. By Senators Jackson of the 2nd, Fort of the 39th, Tate of the 38th, Henson of the 41st, Ramsey, Sr. of the 43rd 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 112. By Senators Sims of the 12th, Carter of the 42nd, Seay of the 34th, Fort of the 39th, Orrock of the 36th 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 change the requirements to be a Zell Miller Scholar; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd 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 Judiciary Committee. SB 114. By Senators Jones of the 10th, Davenport of the 44th, Henson of the 41st and Butler of the 55th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the O.C.G.A., relating to local boards of education, so as to revise qualifications for local board of education members; 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. THURSDAY, FEBRUARY 7, 2013 183 SB 115. By Senators Tippins of the 37th, Wilkinson of the 50th, Jeffares of the 17th, Williams of the 19th, Harper of the 7th and others: A BILL to be entitled an Act to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, so as to provide that performance data of students in certain placements are included in the resident school system data; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 116. By Senators Thompson of the 5th, Stone of the 23rd, Unterman of the 45th, Tate of the 38th and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to increase the penalty for homicide by vehicle in the second degree from a misdemeanor to a misdemeanor of a high and aggravated nature; 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 Non-Civil Committee. SB 117. By Senators Jeffares of the 17th, Tippins of the 37th, Murphy of the 27th, Mullis of the 53rd, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the O.C.G.A., relating to blasting or excavating near utility facilities, so as to revise and add definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 118. By Senators Hill of the 32nd, Murphy of the 27th, Miller of the 49th, Gooch of the 51st, Ginn of the 47th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and enforcement of chapter regarding registration and licensing of motor vehicles, so as to provide definitions; to establish an Auto Insurance Verification Data Base; to provide for the procedures for the operation and maintenance of such data base; to provide for the disclosure of information in such data base to certain entities and limitations on the use and release of such information; to 184 JOURNAL OF THE SENATE notify owners of motor vehicles of their failure to provide proof of financial responsibility; to provide for penalties for violations; to correct citations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 119. By Senators Thompson of the 5th, McKoon of the 29th, Jones of the 10th, Mullis of the 53rd and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to provide for a short title; to provide that delayed death from a condition which causes a total permanent disability shall be deemed to have been in the line of duty; to provide for disabilities for firefighters due to certain conditions contracted in the line of duty; to provide for a rebuttable presumption; to provide for exceptions; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 120. By Senators Crosby of the 13th, Stone of the 23rd, Jackson of the 24th, Cowsert of the 46th and Bethel of the 54th: A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. THURSDAY, FEBRUARY 7, 2013 185 SB 122. By Senators Hill of the 6th, Chance of the 16th, Staton of the 18th, Shafer of the 48th, Carter of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to authorize the issuance of a temporary driving permit to a noncitizen applicant whose Georgia driver's license has expired, or will expire, who has filed a request for an extension to remain lawfully within the United States; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SR 184. By Senators Thompson of the 5th, Jones of the 10th, James of the 35th, Sims of the 12th, Butler of the 55th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize that the General Assembly may provide limitations by general law on the amount of tuition that may be charged to students receiving lottery funded scholarships and grants and attending colleges and universities operated by the board of regents or institutions operated by the Technical College System of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Higher Education Committee. SR 185. By Senators Jackson of the 2nd, Fort of the 39th, Tate of the 38th, Henson of the 41st, Sims of the 12th 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. The following committee report was 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: 186 JOURNAL OF THE SENATE SB 81 SB 87 SB 91 Do Pass Do Pass Do Pass Respectfully submitted, Senator Wilkinson of the 50th District, Chairman The following legislation was read the second time: HB 55 SB 65 SB 66 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 Davenport of the 44th asked unanimous consent that Senator Unterman of the 45th be excused. The consent was granted, and Senator Unterman was excused. Senator McKoon of the 29th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator Miller of the 49th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. Senator Miller of the 49th asked unanimous consent that Senator Bethel of the 54th be excused. The consent was granted, and Senator Bethel was excused. Senator Jackson of the 2nd asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. Senator James of the 35th 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 Beach Butler Carter, B Carter, J Cowsert Crane Crosby Henson Hill, H Hill, Jack Jackson, B Jackson, L James Jeffares Jones, B Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton THURSDAY, FEBRUARY 7, 2013 187 Davenport Dugan Ginn Golden Gooch Harper Heath Jones, E Ligon Loudermilk Lucas McKoon Millar Miller Stone Tate Thompson, S Tippins Tolleson Wilkinson Not answering were Senators: Balfour Davis Hill, Judson (Excused) Unterman (Excused) Bethel (Excused) Fort (Excused) Hufstetler Williams (Excused) Chance (Excused) Harbison (Excused) Thompson, C. The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Balfour Davis Hufstetler The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Gooch of the 51st introduced the chaplain of the day, Reverend Michael Rodgers of Dahlonega, Georgia, who offered scripture reading and prayer. Senator Hill of the 6th introduced the doctor of the day, Dr. Roshan Shrestha. The President and Senator Hill of the 4th honored the life and memory of James Tobe Free, commended by SR 117, adopted previously. Senator Unterman of the 45th recognized "End the Commercial Exploitation of Children Day", commended by SR 197, adopted today. Pastor Norwood Davis addressed the Senate briefly. The following resolution was read and put upon its adoption: HR 203. By Representative Ralston of the 7th: A RESOLUTION to provide for the nomination and election of the state auditor; and for other purposes. 188 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 52, nays 0, and the resolution was adopted. Senator Staton of the 18th moved that HR 203 be immediately transmitted to the House. On the motion, there was no objection, and HR 203 was immediately transmitted. The following resolutions were read and adopted: SR 181. By Senator Jones of the 25th: A RESOLUTION recognizing and commending Mr. Carey Williams, Jr.; and for other purposes. SR 182. By Senator Jones of the 25th: A RESOLUTION recognizing and commending United States Army Retired Major General Peter J. Boylan; and for other purposes. THURSDAY, FEBRUARY 7, 2013 189 SR 183. By Senators Miller of the 49th and Wilkinson of the 50th: A RESOLUTION recognizing February 14, 2013, as Gainesville-Hall County Day at the capitol; and for other purposes. SR 186. By Senator Golden of the 8th: A RESOLUTION commending the Georgia Rural Health Association and recognizing February 20, 2013, as Rural Health Day at the state capitol; and for other purposes. SR 187. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the 2012 Georgia Hospital Heroes Award recipient, Chief Tim Brogdon; and for other purposes. SR 188. By Senators Carter of the 1st, Albers of the 56th, Loudermilk of the 14th, Jackson of the 24th, Seay of the 34th and others: A RESOLUTION recognizing and commending law enforcement cooperation between the State of Georgia, the United States Department of State, and the Republic of Georgia. SR 189. By Senators James of the 35th and Seay of the 34th: A RESOLUTION honoring the life and memory of Mr. Thomas Adam Prince; and for other purposes. SR 190. By Senators Crosby of the 13th and Sims of the 12th: A RESOLUTION recognizing and commending Mrs. Sherri J. Nance; and for other purposes. SR 191. By Senators Crosby of the 13th and Sims of the 12th: A RESOLUTION recognizing and commending dance instructor Mrs. Kaye Williams; and for other purposes. SR 192. By Senators Seay of the 34th, Davenport of the 44th, Fort of the 39th, James of the 35th, Butler of the 55th and others: A RESOLUTION commending and recognizing Monica Denise Brown for her outstanding accomplishments; and for other purposes. 190 JOURNAL OF THE SENATE SR 193. By Senators Ginn of the 47th, Crosby of the 13th, Harper of the 7th and Wilkinson of the 50th: A RESOLUTION recognizing Wednesday, February 20, 2013, as Alpha Gamma Rho Day at the state capitol; and for other purposes. SR 194. By Senators Chance of the 16th, Staton of the 18th, Carter of the 1st, Ligon, Jr. of the 3rd, Tolleson of the 20th and others: A RESOLUTION recognizing and commending Senator John D. Bulloch, Jr., and declaring Friday, February 8, 2013, as John Bulloch Day at the state capitol; and for other purposes. SR 195. By Senators Chance of the 16th and Seay of the 34th: A RESOLUTION recognizing and commending Mr. Mark Gray; and for other purposes. SR 196. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending the Bleckley/Pulaski Forestry Unit on being named the Georgia Forestry Commission 2012 Southern Unit of the Year; and for other purposes. SR 197. By Senator Unterman of the 45th: A RESOLUTION recognizing February 7, 2013, as End the Commercial Sexual Exploitation of Children Day at the capitol; and for other purposes. SR 199. By Senator Harper of the 7th: A RESOLUTION congratulating Kason Lott; and for other purposes. Senator Miller of the 49th recognized Dr. Denise Funk, commended by SR 177, adopted previously. Dr. Denise Funk addressed the Senate briefly. Senator Miller of the 49th recognized February 7, 2013, as Veterinary Medicine Day at the state capitol, commended by SR 82, adopted previously. Senator Staton of the 18th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 9:00 a.m. Friday, February 8, 2013 The President announced the motion prevailed at 10:55 a.m. THURSDAY, FEBRUARY 7, 2013 191 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 Speaker of the House. HR 10 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: Lt. Governor Cagle, Speaker Ralston, President Pro Tem Shafer, Speaker Pro Tem Jones, members of the General Assembly, my fellow judges, ladies and gentlemen: Thank you once again for the opportunity to deliver to this distinguished body the State of the Judiciary Address. Your annual invitation to the Chief Justice to give a candid review of our goals, accomplishments and challenges ahead is a reflection of the honor and support you have extended to the judicial branch of government. On behalf of the judiciary, I thank you for your support. I am privileged to stand among some of the finest judges this country has. And today, some of them are here. They include my friends and colleagues on the Supreme Court of Georgia --- Presiding Justice Hugh Thompson, Justices Robert Benham, Harold Melton, David Nahmias and our newly appointed Justice, the Honorable Keith Blackwell. Justice Harris Hines is under the weather and not here today. Also here are the esteemed judges of the Court of Appeals of Georgia, including Chief Judge John Ellington. In addition, we are honored to have in the gallery judges from around the state. Just as you have always welcomed us, we too welcome you to visit our courtrooms and our chambers at any time. I particularly want to welcome the legislators who are new to the Georgia General Assembly. I had the opportunity to meet some of you recently at the University of Georgia for the 28th Biennial Institute for legislators. All of us in the judicial branch look forward to working with you in our common mission to serve the people of this state to the very best of our abilities. It is said that "leadership is the capacity to translate vision into reality." I am grateful that during the almost four years I have been Chief Justice, I have had the privilege of working closely with true leaders who were elected to this body of lawmakers people who have had a vision, and begun to translate it into reality. The work that has begun in this state on criminal justice reform is extraordinary. Thanks to your leadership, the leadership of our governor, Nathan Deal, and the leadership of this state's judges, two years ago all three branches of government came together united in 192 JOURNAL OF THE SENATE our effort to enhance citizens' public safety while protecting their tax dollars from runaway prison costs. In 2011, Representative Jay Neal introduced legislation creating the Special Council on Criminal Justice Reform. I could not be more proud of the work of the Special Council, of which I have been privileged to be an active member, along with Judge Michael Boggs of the Georgia Court of Appeals who today co-chairs the council, Senators John Crosby and Ronald Ramsey, Representatives Wendell Willard, Mary Margaret Oliver and Jay Powell, and a number of others, including co-chair David Werner, the Governor's Deputy Chief of Staff, and Thomas Worthy, the Governor's Deputy Executive Counsel. The Special Council on Criminal Justice Reform has worked diligently, and last year the Georgia General Assembly passed House Bill 1176, a comprehensive set of measures proposed by the council to divert non-violent and low-level offenders away from costly prison beds and into more effective drug and mental health courts and treatment programs. Our goal from the beginning has been to create a safer Georgia through lower recidivism rates while saving millions of taxpayer dollars. Less than a year later, we already have begun to see the fruits of our labor. Recently, Corrections Commissioner Brian Owens announced that after years of steady growth, Georgia's prison population appears to be leveling off, putting us on track to save $264 million in five years. The number of inmates sitting in county jails as they wait for state prison beds is declining, and there has been a real reduction in the number of inmates waiting in local jails for beds in Probation Detention Centers. These are important changes that represent real savings. One of the most significant achievements has been the beginning of a new way of handling long-term inmates who have served many years sometimes decades in prison. The fact is that 95 percent of this state's 57,000 prison inmates will eventually walk out of prison; only 5 percent will die there. We want to be sure that when they come out, they remain crime-free and are prepared to integrate safely back into society as wage-earning, tax-paying citizens. Yet a significant number of our most institutionalized prisoners will "max out." That means they will serve every day of their sentence in prison, but they will then be released into our communities with no parole officer or supervision of any kind. That is beginning to change. Rather than turning them out the prison gate with a bus ticket, $25 and a "good luck" wish, the State Board of Pardons and Paroles has begun assigning these long-term prison inmates to transitional centers some six months before their final release date to help them transition back into society. This change alone should significantly improve public safety by making these inmates less likely to return to a life of crime. THURSDAY, FEBRUARY 7, 2013 193 Also in the last year, thanks to your appropriation, 12 new drug and mental health courts have been created, along with a number of new substance abuse and mental health treatment centers. But the best measure of our success is counted in the many individual lives that are being changed daily as a result of these accountability courts. I have been privileged this past year to participate in several drug court graduations, as I know some of you have. I have been blessed to meet families who have been reunited by the courts, mothers and fathers who are once again truly functioning as parents and as tax-paying citizens who are showing up for work, on time and sober. And I have been honored to receive personal letters from a number of the graduates. One graduate wrote: "On October 31st, I went to court and regained full custody of my 6-year-old son, Nicholas. It was the happiest day of my life other than the day he was born. I am so grateful for the opportunity of giving back when I, for so long, took away." Another wrote: "I just wanted to say thank you for giving me a second chance to change my life and to start over." And a third: "Because of Drug Court, I have my life back." All three were charged with crimes. All three got second chances. And all three have gone from being tax burdens to taxpayers. One year ago, when I last addressed this legislature, I asked you to consider that perhaps these reforms we have begun putting into place for adults should begin with children. Again, I am proud of the work of the Special Council on Criminal Justice Reform, which has spent its second year studying how this state handles youths who break the law. Today, we as Georgians and as a nation stand at a crossroads in juvenile justice history. We have learned, just as we did with adult criminal justice, that cracking down on juvenile crime is not enough. We must also be smart about juvenile crime and take action to reduce it. Right now, nearly 2,000 children are in a Georgia facility other than their own home: They are in youth prisons, youth jails, or residential programs, such as group homes. More than half of these children were sent there for committing non-violent offenses; 40 percent are considered low risk; 25 percent are there for having committed a misdemeanor or status offense, which would not be a crime if committed by an adult. It costs this state $91,000 a year to house a child in a youth prison. By comparison, it costs $19,000 a year to house an adult. The difference in cost is based on young people's educational and other needs that must be met under state and federal laws. 194 JOURNAL OF THE SENATE But consider the return we get on every dollar spent housing these juveniles: Of the 619 children in our youth prisons, nearly 65 percent will commit another offense within three years of getting out and nearly every one of them will get out. If we thought the poor return on our investment in the adult arena warranted criminal justice reform, surely the poor return on our investment in children warrants juvenile justice reform. We know one thing for certain: Spending $91,000 a year to lock up a juvenile and getting 65 percent recidivism in return is not working. We can be smarter with taxpayer dollars. More importantly, we can produce a safer Georgia. The research shows that our reliance on incarceration for young people does not reduce their likelihood to reoffend. Indeed, it may do just the opposite, exposing low-risk young people to violence and abuse, and putting some on the path to adult criminality. At the same time, we have evidence of what does work: community-based programs that offer mental health and substance abuse treatment, anger management programs, family counseling, education and employment programs, and probation supervision. This year, as last, I have heard from judges across our state. Many juvenile judges have said the same thing: State budget cuts, particularly in the area of mental health, have left them with few alternatives but youth jail or prison for many of the children who come before them. As one judge explained, it is almost impossible to get mental health services for clearly disturbed youngsters unless they threaten suicide or homicide. "We wait for the explosion, and it will come." What does a judge do with a chronic runaway girl who comes before him with untreated mental health problems and a history of being sexually exploited while living on the streets? What does a judge do with the boy who repeatedly is charged with shoplifting but whose family is seriously dysfunctional? Most juvenile judges say they do not want to send these children to locked facilities, but with no community resources and fearing for the children's safety, they feel they have no alternative. As one juvenile judge recently wrote, without resources at home, detention becomes a default "when the hammer is the only tool in the toolbox." You now have before you the final Report of the Special Council on Criminal Justice Reform. I encourage each of you to read the report. It contains a number of concrete recommendations for your consideration. Just as with adults, we want to reserve our youth prison beds for the most serious offenders while providing alternatives for those who are low-risk and non-violent. Just as the success of adult drug courts depends on the availability of community treatment programs, the key to the success of our juvenile courts in handling troubled youths who have not yet committed serious crimes is the availability of programs that can intervene before it's too late. THURSDAY, FEBRUARY 7, 2013 195 Of course, community resources cost money, at a time when we as a state and nation are still struggling to crawl out of the most protracted recession since the Great Depression. But other states have come up with a brilliant way to reinvest dollars spent on juvenile incarceration into community-based programs. In Ohio, counties get an annual allocation from the state for handling youthful offenders. The allocation is based on what it used to cost the state to incarcerate that county's youths in state facilities. It is now up to the county to decide whether to use the allocation on costly out-of-home beds or to develop less costly community-based options. Think about it. This is a wonderful financial incentive. Instead of spending $91,000 per child on incarceration, counties can reinvest that money into more economical and effective community programs. Under a similar program, the state of Illinois has seen a reduction in the commitment of youths to state institutions that has resulted in $11 million in savings in two years. Texas also has developed a pilot program similar to Ohio's. And now under Governor Deal's leadership Georgia stands at the threshold of possibly becoming the next state to pilot this reinvestment of funds to make our state safer by giving communities the ability to tailor their juvenile justice programs to meet their specific needs. The Governor has proposed allocating $5 million to the top Georgia counties that account for more than half the kids in juvenile detention. Those of us who are judges are sworn to uphold the law and order of this state. I want to emphasize that no one is urging Georgia to become soft on crime. Some of our juvenile offenders have committed heinous, violent crimes, and must be treated as adults and locked away from society. But they are the minority. For our citizens' sake, we must do better with the majority. The fact is, many of our juveniles deserve second chances. When did we stop believing that some young people deserve second chances? When did we start believing that a sixth grader should be suspended because she brought a Tweety Bird wallet to school that was attached to a 10-inch chain? When did we stop believing that children are different from adults and that teenagers do stupid things, act impulsively and consider themselves immortal? When did we forget what we were like as teenagers? I have not forgotten what I was like. It is not a good memory. 196 JOURNAL OF THE SENATE Not all of us who are judges, or lawmakers, or leaders of government took the path our parents tried to steer us down, consistently got good grades, never got into fights at school, never drank or drove recklessly or broke the law. But for those of us who did those things, we got second chances. Let me tell you about someone here today who got a second chance. He was 13 years old when one day during school, two friends dared him to rewire a fire door that was supposed to remain open except for an emergency. He took the dare, succeeded in overriding the system, and got the door to close. But what he didn't realize was that once the door closed, the fire alarm would go off with a vengeance. In addition to fire trucks, police swooped down upon the school. Very quickly, they identified him as the perpetrator. He heard the police in the principal's office saying they were going to arrest him. And at that moment, his world shattered. In his 13-year-old mind, he was certain he was going to jail, and that he would never again see his mother, father, sisters or brothers. But then he heard something else. He heard his principal urging them not to arrest him. The principal assured them the boy would suffer consequences. And at that very moment, the boy learned a lesson in mercy and forgiveness. It was a defining moment in his life. He grew up, enlisted in the U.S. Navy, became a lawyer, and today is a juvenile judge in Clayton County where he has never forgotten a principal who once gave him a second chance. With every case that comes before him, he asks himself: "What would I do if the child before me were my own?" And whenever possible, he draws a delinquent child's parents into the rehabilitative process. Today he is an advocate for youth, a proponent of alternatives to unnecessary detention, and a leader in the field of juvenile justice, not only in this state but nationwide. In his own county, to interrupt the "pipeline from school to prison," he has brought together school leaders, police, prosecutors and social service providers to steer disruptive school children away from court and detention into cheaper, more effective alternative responses to their behavior. As a result, from 2004 to the present, the number of kids arrested in Clayton County schools has dropped 83 percent. As he says: "The juvenile court should be reserved for children who scare us, not for those who make us mad." Ladies and gentlemen, if you do not already know him, it is my honor to introduce to you Clayton County Presiding Juvenile Judge Steven Teske. I began today by telling you that I am proud to stand beside some of this nation's finest judges. As I said last year and the year before, the entire judicial branch operates with less than 1 percent of the state budget. That means that for every Georgia citizen's tax dollar, less than one penny goes to funding the entire judicial branch of government. THURSDAY, FEBRUARY 7, 2013 197 Budget cuts have been difficult for everyone, the judiciary included. But I am proud that this branch of government has worked with the governor and you legislators to meet the demands of the budget shortfall. As judges, we are sworn to dispense justice, uphold the law and protect constitutional freedoms. Our duties are simple but profound. They are fundamental to our democracy and a core function of government. We have no choice but to respond to all problems and conflicts that come before our courts. Despite the economic challenge, our judges have always worked hard to move forward. * In Barrow and Jackson counties, judges have leveraged federal funds to create not just one, but four drug and mental health courts. * The Commission on Interpreters has forged ahead with a pilot project to provide constitutionally mandated interpreting services to courts in outlying areas. * In the area of domestic violence, Georgia ranks a dismal 10th in the nation for the rate at which men kill women. But thanks to the leadership of Representative Edward Lindsey, prosecutors have been given more tools to hold abusers accountable. And thanks to Judges Stephen Kelley and Peggy Walker, we now have a comprehensive plan that offers a road map for how to significantly reduce family violence in Georgia. * We also continue to make progress in the electronic filing of legal documents. Our EFiling Committee, chaired by my colleague, Justice Harold Melton, is persevering in its goal to develop a statewide electronic filing system that is compatible with all courts. I have mentioned a number of things today that the judiciary has accomplished, even in the face of challenging economic times. There is one more significant accomplishment that I would like to draw to your attention. In many ways, it is tied directly to juvenile justice reform because for many juveniles, justice means never coming into the criminal justice system. For 12 years, my colleague, Justice P. Harris Hines, has quietly chaired the Georgia Supreme Court's Committee on Justice for Children. Justice Hines has lent rock solid support to the mission of improving the civil process involved in child abuse and neglect cases. This committee's work, under Justice Hines' leadership and the staff leadership of Michelle Barclay, has contributed to a reduction in the number of children in foster care who fall through the cracks and never get out of the system. With the Cold Case Project, we have improved the likelihood of finding children permanent homes before they age out of the system as adults with no families and no support. We know from research that those who age out of foster care are less likely to get an education and a job, and more likely to be homeless and enter the criminal justice system. This past year alone, the 198 JOURNAL OF THE SENATE Committee reviewed the files of 245 children as part of the Cold Case Project, and it is committed to finding all of them families they can call their own. Just like so many of you, Georgia has among its judges many strong leaders who have managed to do more with less while translating a vision into reality. So in conclusion, I want to say it has been an honor and a pleasure to represent these judges as Chief Justice of the Supreme Court of Georgia. And I want to pay special tribute to one judge in particular. When I came onto the Supreme Court in 1992, the first Chief Justice I served under was the honorable Harold G. Clarke, Jr., who also served in the Georgia legislature. Justice Clarke is ill right now and I would ask you to keep him in your thoughts and prayers. He is not only a great jurist but he is a quiet, strong leader of principle and the kindest man I have known. Finally, I am confident that when my term concludes later this year, my friend and colleague, Presiding Justice Hugh Thompson, will move seamlessly into the position. I recognize that you as lawmakers have difficult decisions ahead. But I am supremely confident in your leadership and courage. I thank all of you for your support of the judiciary and your service to this state. God bless you, and God bless the people of the great state of Georgia. Representative O'Neal of the 146th 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 9:00 a.m. Friday, February 8, 2013. FRIDAY, FEBRUARY 8, 2013 199 Senate Chamber, Atlanta, Georgia Friday, February 8, 2013 Fourteenth 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 Senate legislation was introduced, read the first time and referred to committee: SB 123. By Senators Fort of the 39th, Henson of the 41st, Lucas of the 26th, Tate of the 38th, Davis of the 22nd 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 after December 31, 2013, any document or instrument made for the purpose of securing the payment of money for owner occupied residential real property shall be deemed to be a mortgage; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 124. By Senators Davenport of the 44th, James of the 35th, Fort of the 39th, Ramsey, Sr. of the 43rd, Tate of the 38th and others: A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of uniform rules of the road, so as to increase the penalties for failure to properly secure a load on a motor vehicle; 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. 200 JOURNAL OF THE SENATE SB 125. By Senators Stone of the 23rd and Gooch of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, so as to codify the duty of a possessor of land to a trespasser against harm; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 201. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION requesting that the Department of the Army (DA) carefully consider the socioeconomic impact the Programmatic Environmental Assessment (PEA) for Army 2020 Force Restructuring will have on Fort Benning, Georgia, and the surrounding region; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SR 203. By Senators Shafer of the 48th, Thompson of the 33rd, Chance of the 16th and Harbison of the 15th: A RESOLUTION honoring the memory of Mr. Dick Pettys, expressing regret at his passing, and designating the Senate Press Conference Room in Suite 203 of the Paul D. Coverdell Legislative Office Building in his honor; and for other purposes. Referred to the Rules 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 5 HB 72 HB 147 Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman FRIDAY, FEBRUARY 8, 2013 201 The following legislation was read the second time: SB 81 SB 87 SB 91 Senator Harbison of the 15th asked unanimous consent that Senator Jackson of the 2nd be excused. The consent was granted, and Senator Jackson was excused. Senator Hufstetler of the 52nd asked unanimous consent that Senator Stone of the 23rd be excused. The consent was granted, and Senator Stone was excused. Senator McKoon of the 29th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator James of the 35th 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 Jones of the 10th be excused. The consent was granted, and Senator Jones was excused. Senator Thompson of the 33rd was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harbison Harper Heath Henson Hill, Jack Hufstetler Jackson, B James Jeffares Jones, B Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Ramsey Seay Shafer Sims Staton Tate Thompson, C Tippins Tolleson Unterman Wilkinson 202 JOURNAL OF THE SENATE Not answering were Senators: Hill, H. Jones, E. (Excused) Thompson, S. (Excused) Hill, Judson (Excused) Orrock (Excused) Williams Jackson, L. (Excused) Stone (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Orrock Hill, H. 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 Cecil Staton of Macon, Georgia, who offered scripture reading and prayer. Senator Wilkinson of the 50th introduced the doctor of the day, Dr. Stephen Jarrard. Senator Carter of the 1st recognized law enforcement cooperation between the State of Georgia, the United States Department of State, and the Republic of Georgia, commended by SR 188, adopted previously. Vernon Keenan, Director of the Georgia Bureau of Investigation, addressed the Senate briefly. Senator Tolleson of the 20th and the President commended Senator John D. Bulloch, Jr., and declared Friday, February 8, 2013, as John Bulloch Day at the state capitol, commended by SR 194, adopted previously. The following resolutions were read and adopted: SR 198. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending the Coweta-Fayette-South Fulton County Forestry Unit on being named the State Forestry Commission 2012 Northern Unit of the Year; and for other purposes. SR 200. By Senators Tolleson of the 20th and Cowsert of the 46th: A RESOLUTION recognizing and commending the Oconee District on being named the State Forestry Commission 2012 District of the Year; and for other purposes. FRIDAY, FEBRUARY 8, 2013 203 SR 202. By Senators Ramsey, Sr. of the 43rd, Davenport of the 44th, Fort of the 39th, Butler of the 55th and Henson of the 41st: A RESOLUTION recognizing and commending Mr. Greg Mason upon the occasion of his retirement; and for other purposes. SR 204. By Senators James of the 35th and Davenport of the 44th: A RESOLUTION honoring the life and memory of Mrs. Carolyn Diane Pearson Parker; and for other purposes. SR 205. By Senator Balfour of the 9th: A RESOLUTION commending the restaurant industry of Georgia and recognizing February 19, 2013, as State Restaurant Day at the state capitol; and for other purposes. SR 206. By Senator Balfour of the 9th: A RESOLUTION remembering and honoring the life of Miss Nicole Leigh Rouis; and for other purposes. Senator Sims of the 12th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday February 8, 2013 Fourteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 5 Seay of the 34th Davenport of the 44th CITY OF FOREST PARK A BILL to be entitled an Act to amend an Act incorporating the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, particularly by an Act approved March 25, 1997 (Ga. L. 1997, p. 3545), so as to change the number 204 JOURNAL OF THE SENATE of councilmember votes for calling a special meeting, transacting business, overriding a veto, transacting emergency business, removing the city manager, removing a director, removing a member of a board, or removing an officer; to remove a certain provision relating to at-large voting; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters, to repeal conflicting laws; and for other purposes. HB 72 Crane of the 28th CITY OF NEWNAN A BILL to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Newnan, approved March 31, 1987 (Ga. L. 1987, p. 5160), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3914), 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. HB 147 Jackson of the 24th CITY OF ELBERTON A BILL to be entitled an Act to amend an Act authorizing and directing the mayor and council of the City of Elberton to divide said city into wards, approved August 5, 1921 (Ga. L. 1921, p. 932), as amended, particularly by an Act approved February 28, 1984 (Ga. L. 1984, p. 3634), 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. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. FRIDAY, FEBRUARY 8, 2013 205 On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer E Sims Y Staton E Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson 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: Pursuant to HR 203, previously adopted by the House and Senate, and O.C.G.A. Section 50-6-1, the name of the Honorable Greg S. Griffin, having received a majority vote of the membership of the House of Representatives for state auditor, is hereby transmitted to the Senate for confirmation. Senator Hill of the 4th moved the Senate confirm Greg S. Griffin as state auditor. 206 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer E Sims Y Staton E Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Vacant Y Wilkinson Williams On the motion, the yeas were 47; nays 0, the motion prevailed, and the Senate confirmed Greg S. Griffin as state auditor. Senator Chance of the 16th moved that the Senate stand adjourned pursuant to HR 50 until 10:00 a.m. Monday, February 11, 2013; the motion prevailed, and at 10:51 a.m. the President announced the Senate adjourned. MONDAY, FEBRUARY 11, 2013 207 Senate Chamber, Atlanta, Georgia Monday, February 11, 2013 Fifteenth 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 3. By Representative Willard of the 51st: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 6 of Title 12 and Title 24 of the Official Code of Georgia Annotated, relating to the practice of professional forestry and evidence, respectively, so as to conform provisions of the Code due to the passage of 2011 HB 24 and HB 214; to change provisions relating to using a writing to refresh memory; to reassign functions of the former Division of Public Health of the Department of Community Health to the new Department of Public Health relating to disclosure of AIDS confidential information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). 208 JOURNAL OF THE SENATE HB 174. HB 201. HB 204. HB 206. HB 220. By Representative Powell of the 32nd: 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 such city; to repeal conflicting laws; and for other purposes. By Representative Taylor of the 173rd: A BILL to be entitled an Act to create the Grady County Lake Authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Powell of the 171st: A BILL to be entitled an Act to provide a new charter for the City of Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, so as to provide for staggered, four-year terms of office for the city council; to provide for four-year terms of office for the mayor; to provide for the manner of election and transitions; 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 provide for a new charter for the City of Hoschton, Georgia; to provide for corporate boundaries and powers; to provide for a governmental structure; to provide for handling administrative affairs; to provide for a judicial branch; to provide for election and removal of officials; to provide for addressing the financial affairs of the city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Harden of the 148th: 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 MONDAY, FEBRUARY 11, 2013 209 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 223. By Representative Gasaway of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Banks County and to provide for its powers and duties; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 126. By Senator Stone of the 23rd: 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 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 repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 127. By Senators Heath of the 31st, Harper of the 7th, Jeffares of the 17th and Loudermilk of the 14th: A BILL to be entitled an Act to amend Code Section 51-3-21 of the Official Code of Georgia Annotated, relating to definitions used in limiting liability of certain property owners, so as to revise the definition of recreational purposes to include aviation activities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 210 JOURNAL OF THE SENATE SB 128. By Senators Millar of the 40th and Unterman of the 45th: 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 definitions relating to marriage and family therapy; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 129. By Senators Henson of the 41st, James of the 35th and Lucas of the 26th: A BILL to be entitled an Act to amend Article 1 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to provide for the appointment of an executive director; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 130. By Senators Gooch of the 51st, Miller of the 49th, Beach of the 21st, Mullis of the 53rd, Seay of the 34th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to provide for requirements for performing value engineering studies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 131. By Senators Gooch of the 51st, Miller of the 49th, Beach of the 21st, Mullis of the 53rd, Seay of the 34th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. MONDAY, FEBRUARY 11, 2013 211 SB 132. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd and Orrock of the 36th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to revise the definition of "security paper"; to revise requirements for license transfers for pharmacists licensed in another jurisdiction; to revise requirements for dispensing prescription drugs; to revise requirements for the use of security paper for hard copy prescription drug orders; to amend Part 2 of Article 2 of Chapter 13 of Title 16 of the O.C.G.A., relating to electronic data base of prescription information, so as to revise the definition of "dispenser" relative to information to include for each Schedule II, III, IV, or V controlled substance prescription; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 133. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd and Orrock of the 36th: A BILL to be entitled an Act to amend Code Section 16-13-78.2 of the Official Code of Georgia Annotated, relating to possession, manufacture, delivery, distribution, or sale of counterfeit substances, so as to revise the definition of and penalties for the possession, manufacture, delivery, distribution, or sale of counterfeit substances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd and Orrock of the 36th: A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 135. By Senators McKoon of the 29th, Miller of the 49th, Gooch of the 51st, Shafer of the 48th, Albers of the 56th and others: 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, 212 JOURNAL OF THE SENATE 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 amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, and schedule of bails, so as to provide a cross reference for purposes of DNA collections as a condition of bail; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 136. By Senators Miller of the 49th, Unterman of the 45th, Murphy of the 27th, Sims of the 12th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Title 27 and Chapter 7 of Title 52 of the O.C.G.A., relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; 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. SB 138. By Senators Ramsey, Sr. of the 43rd, Wilkinson of the 50th, Albers of the 56th, Davis of the 22nd, Miller of the 49th and others: A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to enact the "Elementary School Protection Act"; to authorize local boards of education to employ elementary para-protection officers to provide security in public elementary schools; to provide for requirements; to provide for stipends; to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, MONDAY, FEBRUARY 11, 2013 213 at school functions, or on school property, so as to authorize elementary paraprotection officers to carry concealed weapons in school safety zones; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 139. By Senators Miller of the 49th, Staton of the 18th, Harbison of the 15th, Shafer of the 48th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 140. By Senators Murphy of the 27th, Miller of the 49th, Mullis of the 53rd, Ginn of the 47th and Gooch of the 51st: A BILL to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to include contracts, agreements, and instruments for the repair of certain wear and tear of a motor vehicle to include rips, burns, tears, holes, and punctures to interior fabric or carpet, cosmetic repair to aluminum or painted wheels, and exterior reconditioning of foggy or yellowed headlights within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 141. By Senators Beach of the 21st, Gooch of the 51st, Davis of the 22nd, Albers of the 56th and Miller of the 49th: A BILL to be entitled an Act to establish the "Patient Injury Act"; to amend Title 51 of the O.C.G.A., relating to torts, so as to create an alternative to medical malpractice litigation whereby patients are compensated for medical injuries; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to establish the Patient Compensation System and the Patient Compensation Board; to provide for committees; to provide for 214 JOURNAL OF THE SENATE the filing of and disposition of applications; to provide for review by an administrative law judge; to provide for appellate review; to provide for payment of administration expenses; to require an annual report; to provide for funding; to provide for related matters; to provide for severability;to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. The following communication was received by the Secretary: Senator Hardie Davis District 22 110 State Capitol Atlanta, GA 30334 Committees: Economic Development Ethics Finance Higher Education Interstate Cooperation The State Senate Atlanta, Georgia 30334 February 10, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Bob, I would like to request that my name be officially removed from the list of sponsors for Senate Bill 141, the "Patient Injury Act." If you have any questions regarding this request, please feel free to contact me. Sincerely, /s/ Hardie Davis The following House legislation was read the first time and referred to committee: HB 3. By Representative Willard of the 51st: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 6 of Title 12 and Title 24 of the Official Code of Georgia Annotated, relating to the MONDAY, FEBRUARY 11, 2013 215 practice of professional forestry and evidence, respectively, so as to conform provisions of the Code due to the passage of 2011 HB 24 and HB 214; to change provisions relating to using a writing to refresh memory; to reassign functions of the former Division of Public Health of the Department of Community Health to the new Department of Public Health relating to disclosure of AIDS confidential information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). Referred to the Appropriations Committee. HB 174. By Representative Powell of the 32nd: 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 such city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 201. By Representative Taylor of the 173rd: A BILL to be entitled an Act to create the Grady County Lake Authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 204. By Representative Powell of the 171st: A BILL to be entitled an Act to provide a new charter for the City of Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, so as to provide for staggered, four-year terms of office for the city council; to provide for four- 216 JOURNAL OF THE SENATE year terms of office for the mayor; to provide for the manner of election and transitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 206. By Representative Benton of the 31st: A BILL to be entitled an Act to provide for a new charter for the City of Hoschton, Georgia; to provide for corporate boundaries and powers; to provide for a governmental structure; to provide for handling administrative affairs; to provide for a judicial branch; to provide for election and removal of officials; to provide for addressing the financial affairs of the 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 220. By Representative Harden of the 148th: 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. Referred to the State and Local Governmental Operations Committee. HB 223. By Representative Gasaway of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Banks County and to provide for its powers and duties; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and MONDAY, FEBRUARY 11, 2013 217 personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. Senator Staton of the 18th asked unanimous consent to suspend the Senate Rules to reorder the Order of Business to swear in Senator-elect Dean Burke before the Morning Roll Call. There was no objection. 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, Bishop Dale Bronner of Austell, Georgia, who offered scripture reading and prayer. Senator James of the 35th introduced the doctor of the day, Dr. Millard J. Collier, Jr. The following communication was read by the Secretary: 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 5th day of February 2013, in District 11 for State Senate in Colquitt, Decatur, Early, Grady, Miller, Seminole and parts of Mitchell and Thomas counties to fill the vacancy created by the Honorable John Bulloch. Having received the majority of the votes cast, Dean Burke 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 11th day of February, in the year of our Lord Two Thousand and Thirteen and of the Independence of the United States of America the Two Hundred and Thirty-Seventh. /s/ Brian P. Kemp Secretary of State 218 JOURNAL OF THE SENATE The President introduced Honorable Judge William M. Ray II, who administered the oath of office to Senator-elect Dean Burke, as confirmed by the following communication: 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 William M. Ray, do hereby certify by my signature below that I have this date, February 11, 2013, at 11:00 a.m., in the Senate Chamber, Fulton County, Atlanta, Georgia, administered the following Oath of Office to Senator-Elect Dean Burke of the 11th District of the Georgia State Senate for the remainder of the 2013 2014 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: William M. Ray II Judge, Court of Appeals of Georgia DATED: February 11, 2013 The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor MONDAY, FEBRUARY 11, 2013 219 Honorable Dean Burke 1906 Legette Drive Bainbridge, GA 39819 February 7, 2013 Dear Senator Burke, Below are your committee assignments for the upcoming session. Committee: Committee Role: 1. Agriculture 2. Education and Youth 3. Health and Human Services 4. Retirement Vice Chairman Congratulations on your committee assignments. We look forward to working with you and having a productive session. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate /s/ David Shafer Senator David Shafer President Pro-Tempore /s/ Ronnie Chance Senator Ronnie Chance Majority Leader /s/ Renee Unterman Senator Renee Unterman District 45 /s/ Ross Tolleson Senator Ross Tolleson District 20 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 following Senators were excused for business outside the Senate Chamber: Jackson of the 2nd Jones of the 10th The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton 220 JOURNAL OF THE SENATE Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Jackson, B James Jeffares Jones, B Ligon Loudermilk Lucas McKoon Millar Miller Not answering were Senators: Chance (Excused) Jackson, L. (Excused) Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Jones, E. (Excused) The following resolutions were read and adopted: SR 207. By Senators Henson of the 41st, Ramsey, Sr. of the 43rd, Butler of the 55th, Tate of the 38th, Jones of the 10th and others: A RESOLUTION recognizing and commending Reverend Dr. Stafford J. Wicker; and for other purposes. SR 208. By Senators Mullis of the 53rd, Bethel of the 54th, Staton of the 18th, Shafer of the 48th and Chance of the 16th: A RESOLUTION recognizing and commending Nelson B. Conger, DMD, on the occasion of his retirement; and for other purposes. SR 209. By Senators Carter of the 42nd and Henson of the 41st: A RESOLUTION congratulating Mrs. Mary B. Brown on the occasion of her 103rd birthday; and for other purposes. SR 210. By Senator Hufstetler of the 52nd: A RESOLUTION recognizing and commending Benjamin DiRuggiero; and for other purposes. SR 211. By Senator James of the 35th: A RESOLUTION commending Mr. Louis Miller and the employees of Hartsfield-Jackson Atlanta International Airport and recognizing February 12, 2013, as Aviation Day at the state capitol; and for other purposes. MONDAY, FEBRUARY 11, 2013 221 SB 65 SB 66 SENATE RULES CALENDAR MONDAY, FEBRUARY 11, 2013 FIFTEENTH LEGISLATIVE DAY Mental Health; authorize licensed professional counselor to perform certain acts; secure certification (Substitute)(H&HS-45th) Courts; increase penalties than can imposed for contempt of superior and state courts (JUDY-23rd) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 65. By Senator Unterman of the 45th: A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to require a licensed professional counselor to secure certification to perform certain acts from the Department of Behavioral Health and Developmental Disabilities; 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 65: A BILL TO BE ENTITLED AN ACT To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons who are mentally ill or alcoholic or drug dependent; to define certain terms; to provide for related matters; to repeal conflicting laws; and for other purposes. 222 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Code Section 37-3-41, relating to emergency admission of a person for involuntary evaluation of mental illness, as follows: "37-3-41. (a) Any physician within this state may execute a certificate stating that he or she has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, the such person appears to be a mentally ill person requiring involuntary treatment. A physician's certificate shall expire seven days after it is executed. Any peace officer, within 72 hours after receiving such certificate, shall make diligent efforts to take into custody the person named in the certificate and to deliver him or her forthwith to the nearest available emergency receiving facility serving the county in which the patient is found, where he or she shall be received for examination. (b) The appropriate court of the county in which a person may be found may issue an order commanding any peace officer to take such person into custody and deliver him or her forthwith for examination, either to the nearest available emergency receiving facility serving the county in which the patient is found, where such person shall be received for examination, or to a physician who has agreed to examine such patient and who will provide, where appropriate, a certificate pursuant to subsection (a) of this Code section to permit delivery of such patient to an emergency receiving facility pursuant to subsection (a) of this Code section. Such order may only be issued if based either upon an unexpired physician's certificate, as provided in subsection (a) of this Code section, or upon the affidavits of at least two persons who attest that, within the preceding 48 hours, they have seen the person to be taken into custody and that, based upon observations contained in their affidavit, they have reason to believe such person is a mentally ill person requiring involuntary treatment. The court order shall expire seven days after it is executed. (c) Any peace officer taking into custody and delivering for examination a person, as authorized by subsection (a) or (b) of this Code section, shall execute a written report detailing the circumstances under which such person was taken into custody. The report and either the physician's certificate or court order authorizing such taking into custody shall be made a part of the patient's clinical record. (d) Any psychologist, clinical social worker, licensed professional counselor, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, a licensed professional counselor, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this subsection Code section, the term 'psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist,; the term MONDAY, FEBRUARY 11, 2013 223 'clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker,; the term 'licensed professional counselor' means any person authorized under the laws of this state to practice as a licensed professional counselor; and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric/mental health." SECTION 2. Said title is further amended in Code Section 37-7-41, relating to emergency involuntary treatment of an alcoholic, a drug abuser, or a drug dependent individual, by revising subsection (d) and by adding a new subsection to read as follows: "(d) Any psychologist, clinical social worker, licensed professional counselor, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, a licensed professional counselor, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this subsection Code section, the term 'psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist,; the term 'clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker,; the term 'licensed professional counselor' means any person authorized under the laws of this state to practice as a licensed professional counselor; and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric mental health." 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 Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy 224 JOURNAL OF THE SENATE Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 51, nays 2. Y Orrock Y Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 65, having received the requisite constitutional majority, was passed by substitute. SB 66. By Senators Stone of the 23rd, McKoon of the 29th, Crosby of the 13th, Jackson of the 24th, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; 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 Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance N Cowsert N Crane Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone Tate MONDAY, FEBRUARY 11, 2013 225 Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden N Gooch Y Jeffares Y Jones, B E Jones, E Y Ligon N Loudermilk Y Lucas Y McKoon Y Millar Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 42, nays 9. SB 66, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Lindsey Tippins Education and Youth District 37 Appropriations 302-B Coverdell Legislative Office Building Judiciary Atlanta, GA 30334 Transportation The State Senate Atlanta, Georgia 30334 February 11, 2013 The Honorable Bob Ewing Secretary of the Senate State Capitol Room 352 Atlanta, Ga 30334 Dear Secretary Ewing: I was studying the education budget and inadvertently missed the vote on SB 66. Would you please let the record reflect my vote as a Yea vote for SB 66. Sincerely, /s/ Lindsey Tippins Senator Shafer of the 48th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 12, 2013. The motion prevailed, and the President announced the Senate adjourned at 12:08 p.m. 226 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 12, 2013 Sixteenth 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 59. By Representatives Taylor of the 79th, Cooke of the 18th and Riley of the 50th: 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 and firefighter resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 79. By Representative Willard of the 51st: 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 TUESDAY, FEBRUARY 12, 2013 227 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. HB 115. By Representatives Dickson of the 6th, Lindsey of the 54th, Coleman of the 97th and Casas of the 107th: 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. HB 116. By Representatives Dickson of the 6th, Coleman of the 97th, Lindsey of the 54th and Casas of the 107th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the state board to transfer donations, gifts, and other property held in trust to the Georgia Foundation for Public Education for management and administration; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 154. By Representatives Hamilton of the 24th, Pruett of the 149th, Kirby of the 114th, Lindsey of the 54th, Fleming of the 121st and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to provide for a limitation period on medical benefits; to provide for changes related to reimbursement of mileage charges; to provide for changes related to interest on lump sum payments of compensation; to provide for changes related to benefits for attempting work; to increase the compensation benefits for total disability and temporary partial disability; 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 142. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to 228 JOURNAL OF THE SENATE provide that the board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law; to provide that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age; to require notice to the board of trustees of such employment; to provide for penalties; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 143. By Senator Millar of the 40th: 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. SB 144. By Senators Mullis of the 53rd, Miller of the 49th, Staton of the 18th, Wilkinson of the 50th and Ginn of the 47th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the O.C.G.A., relating to the emergency telephone number "9-1-1" system, so as to create the Georgia Emergency 9-1-1 Support Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to amend Code Section 38-3-20, relating to the creation of the Georgia Emergency Management Agency, director, and director's duties, so as to conform cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 145. By Senators Heath of the 31st, Williams of the 19th and Harper of the 7th: 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 add farm weddings to the definition of agritourism; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. TUESDAY, FEBRUARY 12, 2013 229 SB 146. By Senators Fort of the 39th, Orrock of the 36th, Davenport of the 44th, Butler of the 55th, Harbison of the 15th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to define certain terms; to prohibit the possession of an assault weapon; to prohibit the possession of a high-capacity magazine; to change provisions relating to exemptions for the possession of assault weapons and high-capacity magazines; to provide for enhanced penalties for the use of an assault weapon or firearm with a high-capacity magazine during the commission of certain crimes; to harmonize a cross-reference; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 147. By Senators Fort of the 39th, Orrock of the 36th, Davenport of the 44th, Butler of the 55th, Harbison of the 15th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse, so as to change provisions relating to the duty to retreat prior to the use of force in self-defense; to clarify provisions relating to the use of force in defense of self, others, habitation, and other property; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SR 217. By Senator Thompson of the 5th: 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 for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Regulated Industries and Utilities Committee. The following House legislation was read the first time and referred to committee: HB 59. By Representatives Taylor of the 79th, Cooke of the 18th and Riley of the 50th: 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 230 JOURNAL OF THE SENATE preserve valuable municipal and county law enforcement and firefighter 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 Public Safety Committee. HB 79. By Representative Willard of the 51st: 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. Referred to the Judiciary Committee. HB 115. By Representatives Dickson of the 6th, Lindsey of the 54th, Coleman of the 97th and Casas of the 107th: 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. HB 116. By Representatives Dickson of the 6th, Coleman of the 97th, Lindsey of the 54th and Casas of the 107th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the state board to transfer donations, gifts, and other property held in trust to the Georgia Foundation for Public Education for management and administration; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. TUESDAY, FEBRUARY 12, 2013 231 HB 154. By Representatives Hamilton of the 24th, Pruett of the 149th, Kirby of the 114th, Lindsey of the 54th, Fleming of the 121st and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to provide for a limitation period on medical benefits; to provide for changes related to reimbursement of mileage charges; to provide for changes related to interest on lump sum payments of compensation; to provide for changes related to benefits for attempting work; to increase the compensation benefits for total disability and temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor 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 97 Do Pass Respectfully submitted, Senator Wilkinson of the 50th District, Chairman Mr. President: The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 9 Do Pass by substitute Respectfully submitted, Senator Ginn of the 47th 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: 232 JOURNAL OF THE SENATE SB 4 Do Pass SB 6 Do Pass SB 9 Do Pass SB 5 SB 8 SB 54 Do Pass Do Pass Do Pass * Senator Davis of the 22nd served notice of a minority report on SB 4, SB 5, SB 6, SB 8, SB 9, and SB 54. Respectfully submitted, Senator Jeffares of the 17th District, Chairman Senator Davenport of the 44th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. Senator Davenport of the 44th asked unanimous consent that Senator Carter of the 42nd 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 Beach Bethel Burke Butler Carter, B Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk Lucas McKoon Millar Miller Murphy Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Carter, J. (Excused) Orrock (Excused) Chance (Excused) Mullis TUESDAY, FEBRUARY 12, 2013 233 The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Ligon of the 3rd introduced the chaplain of the day, Dr. David Cooper of Atlanta, Georgia, who offered scripture reading and prayer. Senator Tate of the 38th introduced the doctor of the day, Dr. Thaddeus K. Lynn. Senator Seay of the 34th recognized and commended Canton Jones on the distinction of being appointed Student Pastor of New Hope Church in Fayetteville, Georgia, commended by SR 119, adopted previously. Canton Jones addressed the Senate briefly. Senator Wilkinson of the 50th recognized February 12, 2013, as Georgia Farm Bureau Federation Day at the state capitol, commended by SR 27, adopted previously. President Vincent "Zippy" Duvall addressed the Senate briefly. Senator Jackson of the 2nd recognized February 12, 2013, as "Ft. Stewart/Hunter Army Air Field U.S. Army DENTAC Organization Day", commended by SR 63, adopted previously. The following resolutions were read and adopted: SR 212. By Senators Hill of the 4th and Stone of the 23rd: A RESOLUTION recognizing and commending the Emanuel County Institute High School football team on their 2012 GHSA Class A State Championship; and for other purposes. SR 213. By Senators Golden of the 8th and Unterman of the 45th: A RESOLUTION recognizing February 14, 2013, as "Community Health Centers Day"; and for other purposes. SR 214. By Senators Golden of the 8th, Hill of the 4th, Staton of the 18th, Bethel of the 54th, Miller of the 49th and others: A RESOLUTION commending the National Federation of Independent Business (NFIB) in Georgia and recognizing February 13, 2013, as NFIB/Georgia's Small Business Day at the capitol; and for other purposes. SR 215. By Senator Bethel of the 54th: A RESOLUTION recognizing and commending the Northwest Whitfield County High School Lady Bruins softball team on their 2012 GHSA Class AAAA State Championship; and for other purposes. 234 JOURNAL OF THE SENATE SR 216. By Senator Bethel of the 54th: A RESOLUTION recognizing Judge L. Gale Buckner upon the occasion of her retirement from state government; and for other purposes. SR 218. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Coach John Hansen; and for other purposes. SR 219. By Senators Hill of the 32nd, Mullis of the 53rd, Shafer of the 48th and Staton of the 18th: A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing February 20, 2013, as Emergency Medical Services Day at the capitol; and for other purposes. SR 220. By Senator James of the 35th: A RESOLUTION recognizing and commending Mr. Cyril J. Turner and the employees of Delta Global Services; and for other purposes. SR 221. By Senator James of the 35th: A RESOLUTION recognizing Tuesday, February 12, 2013, as Interfaith Children's Movement Day at the capitol: and for other purposes. Senator Unterman of the 45th recognized February 12, 2013, as Girl Scouts Day at the capitol, commended by SR 125, adopted previously. Marilyn W. Midyette, CEO of Girl Scouts of Greater Atlanta, addressed the Senate briefly. HB 55 SENATE RULES CALENDAR TUESDAY, FEBRUARY 12, 2013 SIXTEENTH LEGISLATIVE DAY Wiretapping; interception of wire or oral transmissions by law enforcement; change provisions (JUDYNC-23rd) Golick-40th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee TUESDAY, FEBRUARY 12, 2013 235 The following legislation was read the third time and put upon its passage: HB 55. By Representatives Golick of the 40th, Ramsey of the 72nd, Atwood of the 179th, Pak of the 108th, Coomer of the 14th and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change provisions relating to interception of wire or oral transmissions by law enforcement officers; to change provisions relating to the application and issuance of orders authorizing installation and use of pen register and trap and trace device; 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 report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J E Chance Y Cowsert N Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 6. HB 55, having received the requisite constitutional majority, was passed. 236 JOURNAL OF THE SENATE Senator James of the 35th recognized Tuesday, February 12, 2013, as Interfaith Children's Movement Day at the capitol, commended by SR 221, adopted today. Bettieanne C. Hart, ICM Board Chair, addressed the Senate briefly. Senator James of the 35th recognized Mr. Cyril J. Turner and the employees of Delta Global Services, commended by SR 220, adopted today. Senator James of the 35th recognized Mr. Louis Miller and the employees of HartsfieldJackson Atlanta International Airport and recognizing February 12, 2013, as Aviation Day at the state capitol, commended by SR 211, adopted previously. General Manager Louis Miller addressed the Senate briefly. Senator Staton of the 18th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 13, 2013. The motion prevailed, and the President announced the Senate adjourned at 12:00 p.m. WEDNESDAY, FEBRUARY 13, 2013 237 Senate Chamber, Atlanta, Georgia Wednesday, February 13, 2013 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 and Senate: HB 101. By Representatives Epps of the 144th, McCall of the 33rd, Jasperse of the 11th, Holmes of the 129th, Harden of the 148th and others: A BILL to be entitled an Act to amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Code Section 26-2-391 of the Official Code of Georgia Annotated, relating to permits for nonprofit food sales and food service at events, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to repeal conflicting laws; and for other purposes. SB 25. By Senators Staton of the 18th and Jones of the 25th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the government of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to provide for nonpartisan elections of the mayor and commissioners; to repeal conflicting laws; and for other purposes. 238 JOURNAL OF THE SENATE SB 30. By Senators Staton of the 18th and Jones of the 25th: 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4932), so as to provide for the nonpartisan election of members comprising the board of education; 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. SB 31. By Senators Staton of the 18th and Jones of the 25th: A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3681), so as to provide for nonpartisan election for the members of such authority; to provide for federal preclearance; 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 26. By Senators Staton of the 18th and Jones of the 25th: A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 4. By Representatives Geisinger of the 48th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others: A RESOLUTION proposing a settlement of the boundary dispute between the State of Georgia and the State of Tennessee; and for other purposes. WEDNESDAY, FEBRUARY 13, 2013 239 The following Senate legislation was introduced, read the first time and referred to committee: SB 148. By Senators Harbison of the 15th, Jackson of the 2nd, Henson of the 41st, James of the 35th, Sims of the 12th and others: 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 149. By Senators Harbison of the 15th, Jackson of the 2nd, Henson of the 41st, James of the 35th, Butler of the 55th 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 provide for a specified preference for qualified business enterprises owned and controlled by disabled veterans or disabled law enforcement officers in awarding certain types of state contracts; to define certain terms; to provide for determination of such preference; to provide for terms and conditions; to provide for qualification and certification of such business enterprises; to provide for certain offenses and punishments; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 150. By Senators Harbison of the 15th, Jackson of the 2nd, Henson of the 41st, James of the 35th, Sims of the 12th 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 for or exemption from required coursework for veterans for previous instruction received while in military service; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. 240 JOURNAL OF THE SENATE SB 151. By Senators Harbison of the 15th, Jackson of the 2nd, Henson of the 41st, James of the 35th, Sims of the 12th 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 Department of Veterans Affairs may pay their tuition in installments or as funds are received from the federal Department of Veterans Affairs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 152. By Senators Davis of the 22nd, Henson of the 41st, Seay of the 34th, Tate of the 38th, James of the 35th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and the Senate and qualifications of members, so as to create the Citizens' Redistricting Commission; to provide for its membership and its duties; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. SB 153. By Senators Henson of the 41st, James of the 35th and Lucas of the 26th: A BILL to be entitled an Act to amend Article 1 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Athletic and Entertainment Commission, so as to revise the method of appointments to the commission; 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 154. By Senator Fort of the 39th: 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 meetings to elect board members shall be open to the public and the vote of such meetings shall be available to the public; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. WEDNESDAY, FEBRUARY 13, 2013 241 SB 155. By Senators Gooch of the 51st, Cowsert of the 46th, Ginn of the 47th, Murphy of the 27th, Wilkinson of the 50th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change the membership of the Georgia Higher Education Assistance Corporation to accommodate the Fourteenth Congressional District; to change the membership of the Georgia Student Finance Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 156. By Senators Tolleson of the 20th, Wilkinson of the 50th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 12-4-72 of the Official Code of Georgia Annotated, relating to definitions relative to surface mining, so as to revise a definition; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 157. By Senators Albers of the 56th, Shafer of the 48th and Beach of the 21st: A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions relative to sales and use taxes, so as to revise the definition of "prepared food"; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 158. By Senators Orrock of the 36th, Unterman of the 45th, Stone of the 23rd, Ligon, Jr. of the 3rd, Henson of the 41st and others: A BILL to be entitled an Act to amend Code Section 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 159. By Senator Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Article 9 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to the Uniform Statutory Rule Against Perpetuities, so as to change provisions relating to the validity of 242 JOURNAL OF THE SENATE nonvested property interest or power of appointment; to change provisions relating to reform of disposition by court to approximate transferor's plan of distribution; to provide for application and construction of article; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 3660-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 222. By Senators Davis of the 22nd, Henson of the 41st, Butler of the 55th, Sims of the 12th, Jones of the 10th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that legislative and congressional reapportionment shall be done by an independent, nonpartisan commission instead of the General Assembly; to provide for the establishment of such commission; to provide for the qualifications and appointment of members of such commission; to provide for the filling of vacancies on the commission; to provide for powers, duties, responsibilities, and resources for such commission; to provide for guidelines for reapportionment; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Reapportionment and Redistricting Committee. WEDNESDAY, FEBRUARY 13, 2013 243 SR 228. By Senators Shafer of the 48th, McKoon of the 29th, Hill of the 32nd, Albers of the 56th, Loudermilk of the 14th and others: A RESOLUTION requesting the repeal of the $100 billion federal sales tax on health insurance imposed by the Affordable Care Act; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 101. By Representatives Epps of the 144th, McCall of the 33rd, Jasperse of the 11th, Holmes of the 129th, Harden of the 148th and others: A BILL to be entitled an Act to amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Code Section 262-391 of the Official Code of Georgia Annotated, relating to permits for nonprofit food sales and food service at events, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HR 4. By Representatives Geisinger of the 48th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others: A RESOLUTION proposing a settlement of the boundary dispute between the State of Georgia and the State of Tennessee; and for other purposes. Referred to the Judiciary Committee. The following committee reports were read by the Secretary: Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 57 SB 10 SB 13 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman 244 JOURNAL OF THE SENATE Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 74 Do Pass Respectfully submitted, Senator Carter of the 1st 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 117 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th 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 113 Do Pass by substitute Respectfully submitted, Senator Albers of the 56th 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 83 SB 104 Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman WEDNESDAY, FEBRUARY 13, 2013 245 The following legislation was read the second time: SB 4 SB 5 SB 97 SR 9 SB 6 SB 8 SB 9 SB 54 Senator Davenport of the 44th 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 Chance of the 16th be excused. The consent was granted, and Senator Chance was excused. The following Senators were excused for business outside the Senate Chamber: Lucas of the 26th Tolleson of the 20th The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hufstetler Jackson, B Jackson, L Jeffares Jones, B Jones, E Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Tate Thompson, S Tippins Unterman Wilkinson Williams Not answering were Senators: Chance (Excused) Lucas (Excused) Hill, Judson Thompson, C. James (Excused) Tolleson (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. 246 JOURNAL OF THE SENATE Senator Jeffares of the 17th introduced the chaplain of the day, Brother Al O'Quinn of McDonough, Georgia, who offered scripture reading and prayer. Senator Jones of the 10th recognized February 13, 2013, as Henry County Day at the state capitol, commended by SR 223, adopted today. Senator Jones of the 10th recognized Kay Pippin on the occasion of her retirement, commended by SR 224, adopted today. Kay Pippin addressed the Senate briefly. Senator Unterman of the 45th recognized Wednesday, February 13, 2013, as Lupus Awareness Day, commended by SR 126, adopted previously. Natalie Bates addressed the Senate briefly. Senator Tate of the 38th introduced the doctor of the day, Dr. B. David Blake. Senator Jeffares of the 17th recognized and commended the Eagle's Landing Christian Academy football team on their outstanding 2012 season, commended by SR 50, adopted previously. Isaac Rochell addressed the Senate briefly. The following resolutions were read and adopted: SR 223. By Senators Jones of the 10th and Jeffares of the 17th: A RESOLUTION recognizing February 13, 2013, as Henry County Day at the state capitol; and for other purposes. SR 224. By Senators Jones of the 10th and Jeffares of the 17th: A RESOLUTION recognizing and commending Kay Pippin on the occasion of her retirement; and for other purposes. SR 225. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending Stacey L. Cotton; and for other purposes. SR 226. By Senators Cowsert of the 46th, Stone of the 23rd, McKoon of the 29th, Bethel of the 54th and Tippins of the 37th: A RESOLUTION recognizing February 13, 2013, as University of Georgia School of Law Day at the state capitol; and for other purposes. WEDNESDAY, FEBRUARY 13, 2013 247 SR 227. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Stacey Osborne Duffy, Elementary Science Teacher of the Year for the State of Georgia; and for other purposes. Senator Tate of the 38th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 13, 2013 SEVENTEENTH LEGISLATIVE DAY SB 91 "Emerging Crops Fund Act"; repeal (AG&CA-7th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 91. By Senators Harper of the 7th, Wilkinson of the 50th, Mullis of the 53rd, Staton of the 18th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to repeal the "Emerging Crops Fund Act"; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone 248 JOURNAL OF THE SENATE Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar 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 51, nays 0. SB 91, having received the requisite constitutional majority, was passed. Pursuant to Senate Rule 7-1.10(b), Senator Staton of the 18th served notice to consider House action on the following Bill of the Senate: SB 26. By Senators Staton of the 18th and Jones of the 25th: A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Staton of the 18th moved that the Senate adjourn until 9:00 a.m. Thursday, February 14, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:50 a.m. THURSDAY, FEBRUARY 14, 2013 249 Senate Chamber, Atlanta, Georgia Thursday, February 14, 2013 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 50. By Representatives Cooper of the 43rd, Watson of the 166th, Kaiser of the 59th, Lindsey of the 54th and Rynders of the 152nd: 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 require mandatory reporting for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 60. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an exemption from certain laws regarding the carrying and possession of firearms by retired judges; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 103. By Representatives Shaw of the 176th, Meadows of the 5th, Smith of the 134th, Golick of the 40th, Brockway of the 102nd 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 250 JOURNAL OF THE SENATE HB 135. HB 198. HB 247. HB 273. 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. By Representatives Welch of the 110th, Willard of the 51st, Lindsey of the 54th, Powell of the 171st, Meadows of the 5th and others: A BILL to be entitled an Act to amend Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, so as to provide that such notices shall specify the amount of damages sought; to provide for service of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Smith of the 134th, Meadows of the 5th, Maxwell of the 17th, Shaw of the 176th, Abrams of the 89th 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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representative Battles of the 15th: A BILL to be entitled an Act to provide a new charter for the City of Emerson; 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 repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, THURSDAY, FEBRUARY 14, 2013 251 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 277. By Representative Greene of the 151st: A BILL to be entitled an Act to repeal an Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the four-month nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624); to repeal conflicting laws; and for other purposes. HB 278. By Representative Greene of the 151st: A BILL to be entitled an Act to amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), and an Act approved March 28, 2011 (Ga. L. 2011, p. 3525), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to repeal provisions relating to the appointment, qualifications, powers and duties, and compensation of a city manager; to repeal conflicting laws; and for other purposes. HB 281. By Representatives Carson of the 46th, Parsons of the 44th, Cooper of the 43rd, Dollar of the 45th, Wilkerson of the 38th and others: A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4307), so as to provide for an annual report; to change the termination date; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 161. By Senators Jones of the 10th, Harbison of the 15th, Jackson of the 2nd, Butler of the 55th, Sims of the 12th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as 252 JOURNAL OF THE SENATE change provisions relating to persons who are ineligible for weapons carry licenses; to amend Code Section 35-3-34 of the O.C.G.A., relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and providing certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to change provisions relating to the retention of certain information; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 162. By Senators Jones of the 10th, Jackson of the 2nd, Henson of the 41st, Tate of the 38th, Sims of the 12th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Parent Charter School Trigger Act"; to provide for petitions to convert charter schools to traditional public schools; to provide for definitions; to allow for petitions by parents; to provide for notice to the State Board of Education; to provide for local board approval; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 163. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Millar of the 40th, Loudermilk of the 14th, McKoon of the 29th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Community Health to study and identify options for Medicaid reform; to provide for a report on findings and recommendations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 164. By Senators Crane of the 28th, McKoon of the 29th, Albers of the 56th, Ligon, Jr. of the 3rd, Loudermilk of the 14th 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 define a certain term; to provide that THURSDAY, FEBRUARY 14, 2013 253 no health insurance plan 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 165. By Senators McKoon of the 29th and Harbison of the 15th: 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; to amend an Act entitled "An Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the superior courts, so as to provide for additional judges of the Atlanta Judicial Circuit, the Bell-Forsyth Judicial Circuit, the Chattahoochee Judicial Circuit, the Cobb Judicial Circuit, the Tallapoosa Judicial Circuit, and the Towaliga Judicial Circuit," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to change the method of selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for the duties of the chief judge and presiding judge of said circuit; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 166. By Senators Miller of the 49th, Mullis of the 53rd, Gooch of the 51st, Shafer of the 48th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 10-1-664.1 of the Official Code of Georgia Annotated, relating to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisers and competing unfairly with new dealers, so as to modify provisions relating to manufacturers selling a limited number of new motor vehicles to customers with custom design specifications; to amend Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to fair market value of motor vehicles, so as to provide that motor vehicle manufacturers, distributors, and dealers that already have current motor vehicle registrations on motor vehicles do not have to pay additional title ad valorem tax fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. The following House legislation was read the first time and referred to committee: HB 50. By Representatives Cooper of the 43rd, Watson of the 166th, Kaiser of the 59th, Lindsey of the 54th and Rynders of the 152nd: 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 require mandatory 254 JOURNAL OF THE SENATE reporting for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 60. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an exemption from certain laws regarding the carrying and possession of firearms by retired judges; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. HB 103. By Representatives Shaw of the 176th, Meadows of the 5th, Smith of the 134th, Golick of the 40th, Brockway of the 102nd 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 135. By Representatives Welch of the 110th, Willard of the 51st, Lindsey of the 54th, Powell of the 171st, Meadows of the 5th and others: A BILL to be entitled an Act to amend Code Section 36-33-5 of the Official Code of Georgia Annotated, relating to ante litem notice for municipalities, so as to provide that such notices shall specify the amount of damages sought; to provide for service of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 198. By Representatives Smith of the 134th, Meadows of the 5th, Maxwell of the 17th, Shaw of the 176th, Abrams of the 89th 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 licensing of health THURSDAY, FEBRUARY 14, 2013 255 insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 247. By Representative Battles of the 15th: A BILL to be entitled an Act to provide a new charter for the City of Emerson; 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 repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 277. By Representative Greene of the 151st: A BILL to be entitled an Act to repeal an Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the fourmonth nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624); to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 256 JOURNAL OF THE SENATE HB 278. By Representative Greene of the 151st: A BILL to be entitled an Act to amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), and an Act approved March 28, 2011 (Ga. L. 2011, p. 3525), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to repeal provisions relating to the appointment, qualifications, powers and duties, and compensation of a city manager; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 281. By Representatives Carson of the 46th, Parsons of the 44th, Cooper of the 43rd, Dollar of the 45th, Wilkerson of the 38th and others: A BILL to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4307), so as to provide for an annual report; to change the termination 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 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 12 Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Judiciary Non-Civil Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 69 SB 86 THURSDAY, FEBRUARY 14, 2013 257 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Stone of the 23rd 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 11 SB 93 Do Pass by substitute Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 96 Do Pass Respectfully submitted, Senator Thompson of the 5th District, Chairman Mr. President: The Veterans, Military and Homeland Security Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 201 Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman 258 JOURNAL OF THE SENATE The following legislation was read the second time: HB 57 SB 117 SB 10 SR 113 SB 13 SB 74 SB 83 SB 104 Senator Ramsey, Sr. of the 43rd asked unanimous consent that Senator Davenport of the 44th be excused. The consent was granted, and Senator Davenport was excused. 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 Jones of the 10th introduced the chaplain of the day, Reverend Kevin R. Murriel of Atlanta, Georgia, who offered scripture reading and prayer. Senator Wilkinson of the 50th recognized the Georgia Young Farmers Association and February 14, 2013, as Young Farmers Day at the state capitol, commended by SR 84, adopted previously. Jeff Ward addressed the Senate briefly. Senator Miller of the 49th recognized February 14, 2013, as Gainesville-Hall County Day at the capitol, commended by SR 183, adopted previously. Brian Cantel addressed the Senate briefly. Senator Golden of the 8th recognized February 14, 2013, as "Community Health Centers Day", commended by SR 213, adopted previously. Senator Golden of the 8th honored the Student Mentoring in Life and Education (SMILE) program and its founder, Coach John Miller, commended by SR 100, adopted previously. Steven Miracle, Georgia Association for Primary Health Care, addressed the Senate briefly. Senator Cowsert of the 46th recognized and commended Dr. Michael F. Adams on his extraordinary accomplishments as president of the University of Georgia, commended by SR 168, adopted previously. Dr. Michael F. Adams addressed the Senate briefly. Senator Gooch of the 51st introduced the doctor of the day, Dr. Daniela Rojas-Molina. THURSDAY, FEBRUARY 14, 2013 259 The following resolutions were read and adopted: SR 229. By Senators Hill of the 4th, Williams of the 19th, Chance of the 16th, Shafer of the 48th, Tolleson of the 20th and others: A RESOLUTION honoring the life and memory of Senator Hugh Marion Gillis, Sr.; and for other purposes. SR 230. By Senators Davis of the 22nd, Crane of the 28th, Ginn of the 47th and Hill of the 6th: A RESOLUTION recognizing February 22, 2013, as Engineering Day at the state capitol; and for other purposes. SR 231. By Senators Davis of the 22nd, Stone of the 23rd and Jackson of the 24th: A RESOLUTION honoring the life and memory of Speaker Pro Tempore Atticus Jerome "Jack" Connell, Jr.; and for other purposes. SR 232. By Senator Golden of the 8th: A RESOLUTION honoring the life and memory of Harley Langdale, Jr.; and for other purposes. SR 233. By Senators Cowsert of the 46th, Unterman of the 45th, Jones of the 25th and Balfour of the 9th: A RESOLUTION recognizing and congratulating the Loganville Christian Academy varsity football team on winning the 2012 ICSGA State Football Championship; and other purposes. SR 234. By Senators Cowsert of the 46th, Unterman of the 45th, Jones of the 25th and Balfour of the 9th: A RESOLUTION recognizing and congratulating the Loganville Christian Academy Varsity Competition Cheerleading team on winning the 2012 ICSGA State Competition Cheerleading Championship; and for other purposes. SR 235. By Senator Jackson of the 2nd: A RESOLUTION commending Pastor Terrance LaVorn Burrell, Sr.; and for other purposes. 260 JOURNAL OF THE SENATE SR 236. By Senators Miller of the 49th, Carter of the 1st, Mullis of the 53rd and Jackson of the 2nd: A RESOLUTION honoring and celebrating the 100th birthday of Rosemary Schwarz Lynch; and for other purposes. SR 237. By Senators Millar of the 40th, McKoon of the 29th, Tippins of the 37th and Beach of the 21st: A RESOLUTION recognizing February 26, 2013, as the Council for Quality Growth day at the capitol; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Albers of the 56th Orrock of the 36th Carter of the 42nd James of the 35th The following bill was taken up to consider House action thereto: SB 26. By Senators Staton of the 18th and Jones of the 25th: A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, so as to provide for the nonpartisan election of the judge of said court; to provide that future elections for the office of chief magistrate judge of the Magistrate Court of Bibb County shall be nonpartisan elections; to provide that future elections for the office of probate judge of Bibb County shall be nonpartisan elections held at the time of certain general primary 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. THURSDAY, FEBRUARY 14, 2013 261 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Coroner of Bibb County. SECTION 1. All elections for the office of coroner of Bibb County conducted after January 1, 2013, shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 2. Nothing in this Act shall affect the term of office of the coroner of Bibb County in office on January 1, 2013. The sitting coroner shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act. ARTICLE II Judges of Civil Court of Bibb County. SECTION 3. An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, is amended by revising Section 4 as follows: "SECTION 4. Judge. Term, oath. Be it further enacted by the authority aforesaid, that there shall be a Judge of said Civil Court of Bibb County whose term of office shall be four years, and who shall be elected by the qualified voters of Bibb County quadrennially in nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. The Judge of said Civil Court of Bibb County shall be commissioned by the Governor, and before entering upon the duties of such office shall take the same oath required by law of the judges of the superior court. Nothing in this section shall affect the term of office of the Judge of the Civil Court of Bibb County in office on January 1, 2013. Such sitting judge of the Civil Court of Bibb County shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act." ARTICLE III Judge of Magistrate Court of Bibb County. SECTION 4. All elections for the office of chief magistrate judge of the Magistrate Court of Bibb County conducted after January 1, 2013, shall be nonpartisan elections as provided for in 262 JOURNAL OF THE SENATE Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held in conjunction with the nonpartisan general election held immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 5. Nothing in this Act shall affect the term of office of the chief magistrate judge of the Magistrate Court of Bibb County in office on January 1, 2013. The sitting chief magistrate judge of the magistrate court shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act. ARTICLE IV Judge of Probate Court of Bibb County. SECTION 6. All elections for the office of probate judge of Bibb County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the general primary election immediately preceding the expiration of the term of such respective office. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 7. Nothing in this Act shall affect the term of office of the probate judge of Bibb County in office on the effective date of this Act. The sitting probate judge shall serve out the term of office for which such probate judge was elected and shall be eligible to succeed himself or herself as provided in this Act. ARTICLE V Voting Rights Act. SECTION 8. The governing authority of Bibb 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 60 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. ARTICLE VI Repealer. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, FEBRUARY 14, 2013 263 Senator Staton of the 18th moved that the Senate agree to the House substitute to SB 26 as amended by the following amendment: Amend the House substitute to SB 26 by revising lines 6 and 7 to read as follows: elections for the office of probate judge of Bibb County shall be nonpartisan elections; to provide for submission of this Act under By revising line 16 to read as follows: nonpartisan elections shall be held on the election date provided for by said Code section By revising lines 45 and 46 to read as follows: Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be held on the election date provided for by said Code section immediately preceding expiration of the term of By revising line 59 to read as follows: O.C.G.A. and shall be held on the election date provided for by said Code section immediately preceding the Senator Lucas of the 26th moved that the Senate agree to the House substitute to SB 26 as amended by the following amendment: Amend SB 26 (LC 35 2841S) by striking "as provided for in Code Section 21-2-139 of the O.C.G.A." on lines 32 and 33 and inserting in lieu thereof "which shall be held in conjunction with the November general election immediately preceding expiration of the term of office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'" By striking "nonpartisan" on line 46 and inserting in lieu thereof "November". By inserting "November" after "conducted at the" on line 59 and striking "primary" on line 59. On the motion made by Senator Staton of the 18th, a roll call was taken and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Miller Mullis Y Murphy E Orrock N Ramsey N Seay Y Shafer 264 JOURNAL OF THE SENATE E Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Hufstetler Y Jackson, B N Jackson, L E James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar N Sims Y Staton Y Stone N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion made by Senator Staton of the 18th, the yeas were 35, nays 13; the motion prevailed, and the Senate agreed to the House substitute to SB 26 as amended by the Senate. The motion made by Senator Lucas of the 26th was then out of order. Senator Tate of the 38th was excused for business outside the Senate Chamber. SB 97 SB 87 SENATE RULES CALENDAR THURSDAY, FEBRUARY 14, 2013 EIGHTEENTH LEGISLATIVE DAY Agricultural Commodity Commission for Beef; create; membership; powers (AG&CA-50th) Roadside Markets Incentive Program; repeal (AG&CA-47th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 97. By Senators Wilkinson of the 50th, Heath of the 31st and Ginn of the 47th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to create the Agricultural Commodity THURSDAY, FEBRUARY 14, 2013 265 Commission for Beef; to provide for membership; to establish powers and limitations regarding assessments; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Mullis Y Murphy E Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 0. SB 97, having received the requisite constitutional majority, was passed. SB 87. By Senators Ginn of the 47th, Wilkinson of the 50th and Harper of the 7th: A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to marketing facilities, organizations, and programs, so as to repeal the roadside markets incentive 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. 266 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy E Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 45, nays 0. SB 87, having received the requisite constitutional majority, was passed. Senator Chance of the 16th moved that the Senate stand in recess until 5:00 p.m., then pursuant to HR 50, adjourn until 10:00 a.m. Tuesday, February 19, 2013. At 10:47 a.m. the President announced that the motion prevailed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 80. By Representatives Rice of the 95th and Geisinger of the 48th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise THURSDAY, FEBRUARY 14, 2013 267 provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales; and for other purposes. The following House legislation was read the first time and referred to committee: HB 80. By Representatives Rice of the 95th and Geisinger of the 48th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales; and for other purposes. Referred to the Finance Committee. Pursuant to an earlier adopted motion, the Senate stood adjourned at 5:00 p.m. 268 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 19, 2013 Nineteenth 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 87. By Representatives Hightower of the 68th, Smith of the 70th, Powell of the 171st, Nix of the 69th, Cooke of the 18th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 194. By Representatives Powell of the 171st, Willard of the 51st, Lindsey of the 54th, Allison of the 8th and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities and public transportation, so as to provide venue for actions against gas companies; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 19, 2013 269 HB 202. HB 294. By Representatives Epps of the 144th, Roberts of the 155th and Shaw of the 176th: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Caldwell of the 131st and Knight of the 130th: A BILL to be entitled an Act to provide a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 167. By Senators Ligon, Jr. of the 3rd, Loudermilk of the 14th, Albers of the 56th, Hufstetler of the 52nd, Hill of the 6th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to competencies and core curriculum, so as to declare certain actions void ab initio relating to adoption of certain curricula; to prohibit state education agencies from entering into any commitments relating to the federal Race to the Top program; to require hearings and public input prior to adoption of state-wide competencies and content standards; to limit the compilation and sharing of personal student and teacher data; to prohibit the expenditure of funds for a state-wide longitudinal data system except for administrative needs and federal grant compliance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 168. By Senators Tippins of the 37th, Mullis of the 53rd, Williams of the 19th, Tolleson of the 20th, Chance of the 16th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13 of the O.C.G.A., relating to bonds relating to contracts for public 270 JOURNAL OF THE SENATE works, and Article 2 of Chapter 91 of Title 36 of the O.C.G.A., relating to contracting and bidding requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 169. By Senators Staton of the 18th, Tolleson of the 20th, Unterman of the 45th, Harbison of the 15th and Jones of the 25th: A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for retail dealers and retail consumption dealers to offer samples of alcoholic beverages; to provide for definitions; to provide for terms and conditions as to samplings and tasting events; to provide for the promulgation of rules and regulations by the state revenue commissioner; to revise provisions for purposes of conformity; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 170. By Senator Hill of the 32nd: 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 Non-Civil Committee. SB 171. By Senators Balfour of the 9th, Mullis of the 53rd, Davis of the 22nd, Staton of the 18th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the requirements of Chapter 6 of Title 31, so as to provide that single specialty ambulatory surgical centers or joint venture ambulatory surgical centers that are acquired are exempt from certain requirements under Chapter 6 of Title 31; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. TUESDAY, FEBRUARY 19, 2013 271 SB 172. By Senators Jones of the 10th, Thompson of the 33rd, Carter of the 42nd, Chance of the 16th, Jackson of the 2nd and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and University System of Georgia, so as to provide for a civil rights museum as a division of the Georgia Capitol Museum; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 173. 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 a short title; 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 disclosures to patients; to provide that the Commissioner shall contract with an independent oversight entity; to provide for violations and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 174. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to provide for limited exceptions to the three-tier system for the distribution and sale of alcoholic beverages; to change the definition of the term "brewpub"; to provide for limited retail sales by brewers of malt beverages manufactured on their premises for off-premises consumption; to provide for the collection of applicable taxes on such sales; to change certain provisions relating to the terms and conditions that exist for owners and operators of brewpubs to allow for retail sales of malt beverages manufactured on their premises for off-premises consumption; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 175. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the 272 JOURNAL OF THE SENATE General Assembly, so as to provide that the seat of any member of the General Assembly shall be declared vacant on the thirtieth day following such member filing a statement of candidacy with the Federal Election Commission declaring that such member is a candidate for a federal elective office; to provide an exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SR 245. By Senators Hill of the 32nd, Miller of the 49th, Shafer of the 48th, Cowsert of the 46th and Chance of the 16th: A RESOLUTION requesting the United States Congress to adopt a resolution proposing a balanced budget amendment to the United States Constitution and to submit the same to the states for ratification; and for other purposes. Referred to the Rules Committee. SR 247. By Senator McKoon of the 29th: A RESOLUTION creating the Senate Expungement Reform Study Committee; to provide for duties and responsibilities of the committee; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 87. By Representatives Hightower of the 68th, Smith of the 70th, Powell of the 171st, Nix of the 69th, Cooke of the 18th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. TUESDAY, FEBRUARY 19, 2013 273 HB 194. By Representatives Powell of the 171st, Willard of the 51st, Lindsey of the 54th, Allison of the 8th and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities and public transportation, so as to provide venue for actions against gas companies; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 202. By Representatives Epps of the 144th, Roberts of the 155th and Shaw of the 176th: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 294. By Representatives Caldwell of the 131st and Knight of the 130th: A BILL to be entitled an Act to provide a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 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: 274 JOURNAL OF THE SENATE HB 105 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th 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 143 Do Pass Respectfully submitted, Senator Millar of the 40th District, Chairman The following legislation was read the second time: SB 11 SR 201 SB 12 SB 69 SB 86 SB 93 SB 96 Senator James of the 35th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. Senator James of the 35th asked unanimous consent that Senator Lucas of the 26th be excused. The consent was granted, and Senator Lucas was excused. Senator Millar of the 40th asked unanimous consent that Senator McKoon of the 29th be excused. The consent was granted, and Senator McKoon was excused. The following Senators were excused for business outside the Senate Chamber: Jeffares of the 17th Thompson of the 33rd The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton TUESDAY, FEBRUARY 19, 2013 275 Cowsert Crane Crosby Davenport Davis Dugan Ginn Golden Jackson, B Jackson, L James Jones, B Jones, E Ligon Loudermilk Millar Stone Tate Thompson, C Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Fort (Excused) McKoon (Excused) Jeffares (Excused) Thompson, S. (Excused) Lucas (Excused) 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 Derrell O'Neal of Chickamauga, Georgia, who offered scripture reading and prayer. Senator Staton of the 18th introduced the doctor of the day, Dr. Rana K. Munna. Senator Wilkinson of the 50th recognized February 19, 2013, as Toccoa-Stephens County Day at the state capitol, commended by SR 180, adopted previously. David Austin, Mayor of Toccoa, addressed the Senate briefly. Senator Balfour of the 9th commended the restaurant industry of Georgia and recognized February 19, 2013, as State Restaurant Day at the state capitol, commended by SR 205, adopted previously. The President introduced Congressman Sanford Bishop. Congressman Sanford Bishop addressed the Senate briefly. Senator Wilkinson of the 50th commended the Future Farmers of America and recognized February 19, 2013, as Future Farmers of America Day at the state capitol, commended by SR 40, adopted previously. Georgia FFA President Dolly Melton addressed the Senate briefly. The following resolutions were read and adopted: SR 238. By Senator Stone of the 23rd: A RESOLUTION congratulating Mary Claire Birdsong; and for other purposes. 276 JOURNAL OF THE SENATE SR 239. By Senator Wilkinson of the 50th: A RESOLUTION congratulating the Banks County Leopards Wrestling Team; and for other purposes. SR 240. By Senator Wilkinson of the 50th: A RESOLUTION recognizing and commending Christopher B. Erwin, Georgia's 2013 School Superintendent of the Year; and for other purposes. SR 241. By Senators Wilkinson of the 50th and Ginn of the 47th: A RESOLUTION congratulating the Jefferson High School Dragons on their Class AA Football State Championship win; and for other purposes. SR 242. By Senators Wilkinson of the 50th, Ginn of the 47th, Heath of the 31st, Dugan of the 30th, Orrock of the 36th and others: A RESOLUTION commending the Georgia peanut industry and recognizing March 1, 2013, as Peanut Butter and Jelly Day at the capitol; and for other purposes. SR 243. By Senators Ramsey, Sr. of the 43rd, Tate of the 38th, Henson of the 41st, Carter of the 42nd, Miller of the 49th and others: A RESOLUTION recognizing and commending former First Lady Rosalynn Carter for her commitment to mental health; and for other purposes. SR 244. By Senators Butler of the 55th, Tate of the 38th, Seay of the 34th, Fort of the 39th, Miller of the 49th and others: A RESOLUTION recognizing and commending the Texting Organization Against Distracted Driving, Inc., (TOADD); and for other purposes. SR 246. By Senators Jones of the 10th, Ramsey, Sr. of the 43rd and Butler of the 55th: A RESOLUTION recognizing and commending Reverend Ulysses Ponder on the occasion of his 25th anniversary as pastor of Poplar Springs Baptist Church; and for other purposes. SR 248. By Senator Mullis of the 53rd: A RESOLUTION congratulating Mr. James Eugene Daggett and Mrs. Anna Marie Wooden Daggett on the occasion of their 50th wedding anniversary on February 23, 2013; and for other purposes. TUESDAY, FEBRUARY 19, 2013 277 SR 249. By Senator Mullis of the 53rd: A RESOLUTION congratulating the Dade County High School Lady Wolverines softball team on their 2012 AA State Softball Championship; and for other purposes. SR 250. By Senator Bethel of the 54th: A RESOLUTION recognizing and commending the Fellowship of Christian Athletes of Georgia; and for other purposes. SENATE RULES CALENDAR TUESDAY, FEBRUARY 19, 2013 NINETEENTH LEGISLATIVE DAY SB 81 Forest Resources; shorten the legal season for harvesting ginseng (AG&CA-50th) SB 117 Blasting or Excavating Near Utility Facilities; revise/add definitions (Substitute)(RI&U-37th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 81. By Senators Wilkinson of the 50th, Ginn of the 47th and Gooch of the 51st: A BILL to be entitled an Act to amend Code Section 12-6-152 of the Official Code of Georgia Annotated, relating to prohibited acts regarding harvesting ginseng, so as to shorten the legal season for harvesting ginseng; 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 Balfour Y Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy 278 JOURNAL OF THE SENATE Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden N Gooch Y Henson Y Hill, H Y Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon N Loudermilk E Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 3. SB 81, having received the requisite constitutional majority, was passed. SB 117. By Senators Jeffares of the 17th, Tippins of the 37th, Murphy of the 27th, Mullis of the 53rd, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 9 of Title 25 of the O.C.G.A., relating to blasting or excavating near utility facilities, so as to revise and add definitions; 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 117: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near utility facilities, so as to revise and add definitions; to provide for responses by facility owners and operators regarding design locate requests; to clarify the effect of a design locate request; to require that the time frame for the requested excavation be defined in a locate request; to provide that white lining shall not obstruct certain signage and markings; to limit the expansion of tracts for blasting or excavation; to revise the time frame for acting on locate requests; to provide for strict liability for certain costs by facility owners and operators under certain circumstances; to provide for TUESDAY, FEBRUARY 19, 2013 279 the promulgation of certain rules by the Public Service Commission; to provide for the use of reasonable care by excavators to protect utilities in tolerance zones; to provide for direction with regard to certain enforcement actions; to change the composition of the advisory committee and provide for an attendance policy at its meetings; 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 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near utility facilities, is amended by revising Code Section 25-9-3, relating to definitions, as follows: "25-9-3. As used in this chapter, the term: (1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001. (2) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent. (3) 'Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday. (4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days. (5) 'Commission' means the Public Service Commission. (6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (7) 'Damage' means any impact or exposure that results in the need to repair a utility facility or sewer lateral due to the weakening or the partial or complete destruction of the facility or sewer lateral including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, sewer lateral, or facility. (8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request may shall not be used for excavation purposes. (9) 'Designate' means to stake or mark on the surface of the tract or parcel of land the 280 JOURNAL OF THE SENATE location of a utility facility or sewer lateral. (10) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action. (11) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation. (12) 'Excavating' means any operation by which the level or grade of land is changed or using mechanized equipment or explosives to move earth, rock, or other material below existing grade. This is moved and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, directional boring, and pile driving. Such term, however, does not include routine road surface scraping maintenance includes but is not limited to augering, blasting, boring, digging, ditching, dredging, drilling, driving-in, grading, plowing-in, ripping, scraping, trenching, and tunneling. 'Excavating' shall not include pavement milling or pavement repair that does not exceed the depth of the existing pavement or 12 inches, whichever is less. The term shall not include other routine roadway road or railroad maintenance activities carried out by road maintenance or railroad employees or contractors, provided that such activities occur entirely within the right of way of a public road, street, railroad, or highway of the state; are carried out with reasonable care so as to protect any utility facilities and sewer laterals placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, railroad, or highway, and do not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing structures guard rails and sign posts, replace such structures guard rails and sign posts in their previous locations and at their previous depth. 'Excavating' shall not include normal farming activities. (13) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section. (14) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God. (15) 'Facility owner or operator' means any person or entity with the sole exception of a homeowner who owns, operates, or controls the operation of a utility facility. (16) 'Farming activities' means the tilling of the fields related to agricultural activities but does not include other types of mechanized excavating on a farm. (17) 'Horizontal directional drilling' or 'HDD' means a type of trenchless excavation that uses guidable boring equipment to excavate in an essentially horizontal plane without disturbing or with minimal disturbance to the ground surface. (17)(18) 'Large project' means an excavation that involves more work to locate utility facilities than can reasonably be completed within the requirements of subsection (a) TUESDAY, FEBRUARY 19, 2013 281 of Code Section 25-9-7. (18)(19) 'Local governing authority' means a county, municipality, or local authority created by or pursuant to general, local, or special Act of the General Assembly, or by the Constitution of the State of Georgia. The term also includes any local authority that is created or activated by an appropriate ordinance or resolution of the governing body of a county or municipality individually or jointly with other political subdivisions of this state. (19)(20) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for locating designating utility facilities, sewer laterals, or both is processed. (20)(21) 'Locator' means a person who is acting on behalf of facility owners and operators in designating the location of the utility facilities and sewer laterals of such owners and operators. (21)(22) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating. (23) 'Milling' means the process of grinding asphaltic concrete. (22)(24) 'Minimally intrusive excavation methods' means methods of excavation that minimize the potential for damage to utility facilities and sewer laterals. Examples include, but are not limited to, air entrainment/vacuum extraction systems and water jet/vacuum excavation systems operated by qualified personnel and careful hand tool usage and other methods as determined by the Public Service Commission. The term does not include the use of trenchless excavation. (23)(25) 'Permanent marker' means a visible indication of the approximate location of a utility facility or sewer lateral that can reasonably be expected to remain in position for the life of the facility. The term includes, but is not limited to, sewer cleanouts; water meter boxes; and etching, cutting, or attaching medallions or other industry accepted surface markers to curbing, pavement, or other similar visible fixed surfaces. All permanent markers other than sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establish the exact location of the facility must be placed accurately in accordance with Code Section 25-9-9 and be located within the public right of way. Sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establishes the exact location of the facility must be located within ten feet of the public right of way to be considered a permanent marker. (24(26) 'Person' means an individual, firm, joint venture, partnership, association, local governing authority, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof. (25)(27) 'Positive response information system' or 'PRIS' means the automated information system operated and maintained by the utilities protection center at its location that allows excavators, locators, facility owners or operators, and other affected parties to determine the status of a locate request or design locate request. 282 JOURNAL OF THE SENATE (28) 'Routine road maintenance' means work that is planned and performed on a routine basis to maintain and preserve the condition of the public road system and includes routine road surface scraping, mowing grass, animal removal, cleaning of inlets and culverts, trash removal, striping and striping removal, and cutting of trees; however, stump removal shall be considered excavation. (26)(29) 'Service area' means a contiguous area or territory which encompasses the distribution system or network of utility facilities by means of which a facility owner or operator provides utility service. (27)(30) 'Sewer lateral' means an individual customer service line which transports waste water from one or more building units to a utility owned sewer facility. (28)(31) 'Sewer system owner or operator' means the owner or operator of a sewer system. Sewer systems shall be considered to extend to the connection to the customer's facilities. (29)(32) 'Traffic control devices' means all roadway or railroad signs, sign structures, or signals and all associated infrastructure on which the public relies for informational, regulatory, or warning messages concerning the public or railroad rights of way. (30)(33) 'Traffic management system' means a network of traffic control devices, monitoring sensors, and personnel, with all associated communications and power services, including all system control and management centers. (31)(34) 'Tolerance zone' means the width of the utility facility or sewer lateral plus 24 18 inches on either side of the outside edge of the utility facility or sewer lateral on a horizontal plane. (32)(35) 'Trenchless excavation' means a method of excavation that uses boring equipment to excavate with minimal or no disturbance to the ground surface and includes horizontal directional drilling. (33)(36) 'Unlocatable facility' means an underground facility that cannot be marked with reasonable accuracy using generally accepted techniques or equipment commonly used to designate utility facilities and sewer laterals. This term includes, but is not limited to, nonconductive utility facilities and sewer laterals and nonmetallic underground facilities that have no trace wires or records that indicate a specific location. (34)(37) 'Utilities protection center' or 'UPC' means the corporation or other organization formed by facility owners or operators to provide a joint notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members. (35)(38) 'Utility facility' means an underground or submerged conductor, pipe, or structure used or installed for use in providing electric or communications service or in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, or water or other liquids. All utility facilities shall be considered to extend up to the connection to the customer's facilities. The term does not include traffic control devices, traffic management systems, or sewer laterals. TUESDAY, FEBRUARY 19, 2013 283 (39) 'White lining' means marking the route of the excavation either electronically or with white paint, flags, stakes, or a combination of such methods to outline the dig site prior to notifying the UPC and before the locator arrives on the job." SECTION 2. Said chapter is further amended by revising Code Section 25-9-4, relating to design locate request and response, as follows: "25-9-4. (a) Any person may submit a design locate request to the UPC. Such design locate request shall: (1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and (2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section. (b) Within ten working days after a design locate request has been submitted to the UPC for a proposed project, the facility owner or operator shall respond by one of the following methods the method requested by the person calling in the design locate request: (1) Designate or cause to be designated by a locator in accordance with Code Section Sections 25-9-7 and 25-9-9 the location of all utility facilities and sewer laterals within the area of the proposed excavation; (2) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or (3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation. (c) Upon responding using any of the methods provided in subsection (b) of this Code section, the facility owner or operator shall provide the response to the UPC in accordance with UPC procedures. (d) A design locate request shall not be used for excavation purposes." SECTION 3. Said chapter is further amended by revising Code Section 25-9-6, relating to prerequisites to blasting or excavating and marking of sites, as follows: "25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavating with 284 JOURNAL OF THE SENATE mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours' notice by submitting a locate request to the UPC, beginning the next business day after such notice is provided, excluding hours during days other than business days. Any person performing excavation is responsible for being aware of all information timely entered into the PRIS prior to the commencement of excavation. If, prior to the expiration of the 48 hour waiting period, all identified facility owners or operators have responded to the locate request, and if all have indicated that their facilities are either not in conflict or have been marked, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this Code section, without waiting the full 48 hours. The 48 hours' notice shall not be required for excavating where minimally intrusive excavation methods are used exclusively. Any locate request received by the UPC after business hours shall be deemed to have been received by the UPC the next business day. Such locate request shall: (1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; (2) State the name, address, and telephone number of the person who will engage in the blasting or excavating; (3) Describe the type of blasting or excavating to be engaged in by the person; and (4) Designate the date upon which the blasting or excavating will commence Define the time frame in which requested excavation may occur. (b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner or operator and inform the UPC, within a reasonable time, of the results of such meeting. The person marking a site with white lining shall comply with the rules and regulations of the Department of Transportation as to the use of such markings so as to not to obstruct signs, pavement markings, pavement, or other safety devices. (c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid. Additional notices for an existing request shall not expand the tract or parcel of land upon which the blasting or excavation is to take place. TUESDAY, FEBRUARY 19, 2013 285 (d) For emergencies, notice shall expire at 7:00 A.M. three business days after the notification is made to the UPC. (e) Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the UPC unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be liable to the facility owner or operator for $100.00 or for actual costs, whichever is greater, for each repeated request for re-marking. (f) If, subsequent to giving the notice to the UPC required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the UPC and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the UPC of such notice. (g) When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is: (1) Performed on the tract or parcel of land identified in the locate request; (2) Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating; (3) The type of blasting or excavating described in the locate request; and (4) Carried out in accordance with all other requirements of this chapter. (h) Facility owners or operators may bill an excavator their costs for any requests for re-marking other than for re-marks with no more than five individual addresses on a single locate request. Such costs shall be documented actual costs and shall not exceed $100.00 per re-mark request." SECTION 4. Said chapter is further amended by revising Code Section 25-9-7, relating to determining whether utility facilities are present, information to UPC, noncompliance, future utility facilities, and abandoned utility facilities, as follows: "25-9-7. (a)(1) Within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes, flags, permanent markers, or other marks on the surface of the tract or 286 JOURNAL OF THE SENATE parcel of land, the location of utility facilities. This subsection shall not apply to large projects. (2) Designation of the location of utility facilities through staking, flagging, permanent markers, or other marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated. Additional marking requirements beyond color code, if any, shall be prescribed by rules and regulations promulgated by the Public Service Commission. (3) A facility owner or operator is not required to mark its own facilities within 48 hours if the facility owner or operator or its agents are the only parties performing the excavation; however, such facilities shall be designated prior to the actual start of excavation. (b)(1) Within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each sewer system owner or operator shall determine whether or not sewer laterals are located or likely to be located on the tract or parcel of land upon which the excavating or blasting is to occur. If sewer laterals are determined to be present or likely to be present, then the sewer system owner or operator shall assist in designating sewer laterals up to the edge of the public right of way. Such assistance shall not constitute ownership or operation of the sewer lateral by the sewer system owner or operator. Good faith compliance with provisions of this subsection in response to a locate request shall constitute full compliance with this chapter, and no person shall be found liable to any party for damages or injuries as a result of performing in compliance with the requirements of this subsection. (2) To assist in designating sewer laterals, the sewer system owner or operator shall provide its best available information regarding the location of the sewer laterals to the excavator. This information shall be conveyed to the excavator in a manner that may include, but shall not be limited to, any one of the following methods: (A) Marking the location of sewer laterals in accordance with subsection (a) of this section, provided that: (i) Any sewer lateral designated using the best available information shall constitute a good faith attempt and shall be deemed to be in compliance with this subsection, provided that such mark represents only the best available information of the sewer system owner or operator and may not be accurate; and (ii) If a sewer lateral is unlocatable, a triangular green mark shall be placed at the sewer main pointing at the address in question to indicate the presence of an unlocatable sewer lateral; (B) Providing electronic copies of or delivering the records through facsimile or by other means to an agreed upon location within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days; provided, however, that for local governing authorities that receive TUESDAY, FEBRUARY 19, 2013 287 fewer than 50 locate requests annually, the local governing authority may designate the agreed upon location and communicate such designation to the excavator; (C) Arranging to meet the excavator on site to provide the best available information about the location of the sewer laterals; (D) Providing the records through other processes and to other locations approved by documented agreement between the excavator and the facility owner or operator; or (E) Any other reasonable means of conveyance approved by the commission after receiving recommendations from the advisory committee, provided that such means are equivalent to or exceed the provisions of subparagraph (A), (B), or (C) of this paragraph. (c) Each facility owner or operator, either upon determining that no utility facility or sewer lateral is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities or sewer laterals on the tract or parcel of land as required by subsection (a) or (b) of this Code section, shall provide this information to the UPC in accordance with procedures developed by the UPC, which may include the use of the PRIS. In no event shall such notice be provided later than midnight of the second business day following receipt by the UPC of actual notice filed in accordance with Code Section 25-9-6. (d) In the event the facility owner or operator is unable to designate the location of the utility facilities or sewer laterals due to extraordinary circumstances, the facility owner or operator shall notify the UPC and provide an estimated completion date in accordance with procedures developed by the UPC, which may include the use of the PRIS. (e) If, at the end of the time period specified in subsections (a) and (b) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a), (b), and (c) of this Code section, as applicable, the UPC shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the UPC in accordance with procedures developed by the UPC that no utility facilities or sewer laterals are present on the tract or parcel of land, or by designating the location of such utility facilities or sewer laterals in accordance with the provisions of subsections (a) and (b) of this Code section, as applicable, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided that there is no visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the utility facility or sewer lateral as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8. (f) If visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral does exist and the facility owner or operator either refuses to comply with subsections (a) through (d) of this Code section, as applicable, or is not a member of the UPC, then the excavator shall attempt to designate such facility or sewer lateral prior to 288 JOURNAL OF THE SENATE excavating. The facility owner or operator shall be strictly liable for the actual costs associated with the excavator designating such utility facilities and sewer laterals and any associated downtime. Such costs shall not exceed $100.00 or documented actual costs, whichever is greater, for each locate request. (g) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method. All sewer laterals installed on or after January 1, 2006, shall be installed in a manner which will make them locatable by facility owners or operators using a generally accepted electronic locating method. In the event that an unlocatable utility facility or unlocatable sewer lateral becomes exposed when the facility owner or operator is present or in the case of sewer laterals when the sewer utility owner or operator is present on or after January 1, 2006, such utility facility or sewer lateral shall be made locatable through the use of a permanent marker or an updating of permanent records. (h) Facility owners or operators shall either maintain recorded information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to locate and mark designate the abandoned facility or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities and sewer laterals shall be treated as live utility facilities and sewer laterals. (i) Notwithstanding any other provision of law to the contrary, a facility owner or operator may use a locator to designate any or all utility facilities and sewer laterals. The use of a locator shall not relieve the facility owner or operator of any responsibility under this chapter. However, by contract a facility owner or operator may be indemnified by a locator for any failure on the part of the locator to comply with the provisions of this chapter. (j) By January 1, 2006, the advisory committee shall propose to the Public Service Commission rules and processes specific to the locating of large projects. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and to the time period for which designations are valid. The commission shall promulgate rules addressing this subsection no later than June 1, 2006 Large project rules shall be promulgated by the Public Service Commission. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and the time period for which designations are valid. (k)(1) Within 48 hours beginning the next business day after the business day following receipt by the UPC of the locate request filed in accordance with Code TUESDAY, FEBRUARY 19, 2013 289 Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not unlocatable facilities other than sewer laterals are present. In the event that such facilities are determined to be present, the facility owner or operator shall exercise reasonable care in locating such facilities. The exercise of reasonable care shall require, at a minimum, the use of the best available information to designate the facilities and notification to the UPC of such attempted location. Placing markers or otherwise leaving evidence of locations of facilities is deemed to be an acceptable form of notification to the excavator or locator. (2) This subsection shall not apply to sewer laterals." SECTION 5. Said chapter is further amended by revising Code Section 25-9-8, relating to treatment of gas pipes and other underground utility facilities by blasters and excavators, as follows: "25-9-8. (a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any utility facility or sewer lateral which has been staked, flagged, or marked in accordance with this chapter. (b) When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise such reasonable care as may be necessary for the protection of the utility facility or sewer lateral, including permanent markers and paint placed to designate utility facilities. This protection shall include, but may not be limited to, at least one of the following based on geographical and climate conditions: hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, or other technical methods that may be developed. Other mechanical methods may be used with the approval of the facility owner or operator, or other generally accepted methods. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages. (c) If the precise location of the underground facilities cannot be determined by the excavator, the facility owner or operator thereof shall be notified by the excavator so that the operator and the excavator shall work together to determine the precise location of the underground facilities prior to continuing the excavation. (c)(d) When conducting trenchless excavation the excavator must exercise reasonable care, as described in subsection (b) of this Code section, and shall take additional care to attempt to prevent damage to utility facilities and sewer laterals. The recommendations of the HDD consortium applicable to the performance of trenchless excavation set out in the document 'Horizontal Directional Drilling Good Practice Guidelines,' dated May, 2001, are adopted by reference as a part of this subsection to describe such additional care. The advisory committee may recommend to the commission more stringent criteria as it deems necessary to define additional care and the commission is authorized to adopt additional criteria to define additional care. (d)(e) Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility or sewer lateral, 290 JOURNAL OF THE SENATE regardless of whether the utility facility or sewer lateral is marked, shall immediately cease such blasting or excavating and notify the UPC and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the UPC, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damage. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility or sewer lateral except as provided in Code Section 25-9-12." SECTION 6. Said chapter is further amended by revising Code Section 25-9-9, relating to degree of accuracy required in utility facility location information, effect of inaccurate information on liability of blaster or excavator, and liability of facility owners for losses resulting from lack of accurate information, as follows: "25-9-9. (a) For the purposes of this chapter, the location of utility facilities which is provided by a facility owner or operator in accordance with subsection (a) of Code Section 25-97 to any person must be accurate to within 24 18 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility. (b) Upon documented evidence that the person seeking information as to the location of utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators, the facility owners or operators shall be liable to that person for any such losses or expenses." SECTION 7. Said chapter is further amended by revising Code Section 25-9-13, relating to penalties for violations of chapter, bonds, enforcement, advisory committee, and dispose of settlement recommendations, as follows: "25-9-13. (a) Any person who violates the requirements of subsections (a), (f), or (g) of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall be strictly liable for: (1) All costs incurred by the facility owner or operator in repairing or replacing its damaged facilities; and (2) Any injury or damage to persons or property resulting from damaging the utility facilities and sewer laterals. TUESDAY, FEBRUARY 19, 2013 291 (b) Each local governing authority is authorized to require by ordinance any bonds on utility contractors or on persons performing excavation or blasting within the public right of way or any dedicated utility easement as it may determine to assure compliance with subsection (a) of this Code section. (c) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities and sewer laterals. Such obligation to indemnify shall not apply to any county, city, town, or state agency to the extent except as permitted by law. In any civil action by a facility owner or operator to recover the costs of repairing or replacing facilities damaged through violation of Code Section 25-9-6 or 25-9-8, those costs shall be calculated utilizing generally accepted accounting principles. (d) In addition to the other provisions of this Code section, a professional licensing board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates has repeatedly violated the requirements of Code Section 25-9-6 or 25-9-8. (e) Subsections (a), (c), and (d) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the UPC as required by Code Section 25-9-5. (f) The enforcement provisions of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment within the curb lines or edges of the pavement of any public road and who causes damage to a utility facility located within the roadway hard surface or the graded aggregate base therein if such person has complied with the provisions of this chapter and there is no indication that a utility facility is in conflict with the proposed excavation. (f)(g) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commission's authority to enforce this chapter. (g)(1)(h)(1) The Governor shall appoint an advisory committee consisting of persons who are employees or officials of or who represent the interests of: (A) One member to represent the Georgia Department of Transportation; (B) One member to represent water systems or water and sewer systems owned or operated by local governing authorities; (C) One member to represent the utilities protection center; (D) One member to represent water systems or water and sewer systems owned or operated by counties; (E) One member to represent water systems or water and sewer systems owned or 292 JOURNAL OF THE SENATE operated by municipalities; (F) One member to represent the nonmunicipal electric industry; (G) Three Five members to represent excavators to include the following: (i) One licensed utility contractor; (ii) One licensed general contractor; (iii) One licensed plumber; (iv) One landscape contractor; and (v) One highway contractor; (H) One member to represent locators; (I) One member to represent the nonmunicipal telecommunications industry; (J) One member to represent the nonmunicipal natural gas industry; (K) One member to represent municipal gas, electric, or telecommunications providers; and (L) The commission chairperson or such chairperson's designee. The commission chairperson or his or her designee shall serve as chairperson of the advisory committee and shall cast a vote only in the case of a tie. Persons appointed to the advisory committee shall have expert knowledge of this chapter and specific operations expertise with the subject matter encompassed by the provisions of this chapter. The new advisory committee shall be established within 60 days of July 1, 2005. (2) The advisory committee shall establish rules of operation including an attendance policy. In the event a committee member resigns or fails to meet the criteria of the attendance policy, the advisory committee shall appoint an interim member to represent the same stakeholder group until such time as the Governor appoints a replacement. (3) The advisory committee shall assist the commission in the enforcement of this chapter, make recommendations to the commission regarding rules and regulations, and perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter. (3)(4) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct. (h)(1)(i)(1) Commission enforcement of this chapter shall follow the procedures described in this subsection. Nothing in this subsection shall limit the authority of the commission delegated from the federal government and authorized in other state law. (2)(A) The commission is not authorized to impose civil penalties on any local governing authority except as provided in this paragraph. The commission may recommend training for local governing authorities in response to any probable or proven violation. On or after January 1, 2007, civil Civil penalties may be recommended for or imposed on any local governing authority for refusal to comply TUESDAY, FEBRUARY 19, 2013 293 with the requirements of Code Section 25-9-7 or for other violations of Code Section 25-9-7 that result in injury to people, damage to property, or the interruption of utility service in the event that investigators find that a local governing authority has demonstrated a pattern of willful noncompliance. Civil penalties may be recommended or imposed on or after January 1, 2006, for violations of provisions of this chapter other than Code Section 25-9-7 in the event that investigators find that the severity of an excavation violation warrants civil penalties or that a local governing authority has demonstrated a pattern of willful noncompliance. Any such civil penalty shall be recommended or imposed in accordance with a tiered penalty structure designed for local governing authorities. In the event that the investigators determine that a local governing authority has made a good faith effort to comply with this chapter, the investigators shall not recommend a civil penalty. For purposes of this subsection 'refusal to comply' means that a utility facility owner or operator does not respond in PRIS to a locate request, does not respond to a direct telephone call to locate designate their facilities, or other such direct refusal. Refusal to comply does not mean a case where the volume of requests or some other mitigating circumstance prevents the utility owner or operator from locating in accordance with Code Section 25-9-7. (B) No later than January 1, 2006, the advisory committee shall recommend to the commission for adoption a tiered penalty structure for local governing authorities. Such structure shall take into account the size, annual budget, gross receipts, number of utility connections and types of utilities within the territory of the local governing authority. Such penalty structure shall also take into account the number of locate tickets requests received annually by the local governing authority, the number of locate codes made annually to the local governing authority from the UPC, the number of utility customers whose service may have been interrupted by violations of this chapter, and the duration of such interruptions. Such penalty structure shall also consider the cost of compliance. The penalty structure shall establish for each tier the maximum penalty per violation and per 12 month period at a level to induce compliance with this chapter. Such maximum penalty shall not exceed $5,000.00 per violation or $50,000.00 per 12 month period for the highest tier. (3) If commission investigators find that a probable violation has occurred, they may recommend training in lieu of penalties to any person for any violation. The commission shall provide suggestions for corrective action to any person requesting such assistance. Commission investigators shall make recommended findings or offers of settlement to the respondent. (4) Any respondent may accept or disagree with the settlement recommended by the investigators. If the respondent disagrees with the recommended settlement, the respondent may dispute the settlement recommendation to the advisory committee. The advisory committee shall then render a recommendation either supporting the investigators' recommendation, rejecting the investigators' recommendation, or substituting its own recommendation. With respect to an investigation of any 294 JOURNAL OF THE SENATE probable violation committed by a local governing authority, any recommendation by the advisory committee shall be in accordance with the provisions of paragraph (2) of this subsection. In its deliberations the advisory committee shall consider the gravity of the violation or violations; the degree of the respondent's culpability; the respondent's history of prior offenses; and such other mitigating factors as may be appropriate. If the advisory committee determines that a respondent has made a good faith effort to comply with this chapter, the committee shall not recommend civil penalties against the respondent. To the extent that a respondent does not accept a settlement agreement or request to dispute the recommendation of the investigators to the advisory committee, the respondent shall be assigned to a hearing officer or administrative law judge. (5) If any respondent disagrees with the recommendation of the advisory committee, after notice and hearing by a hearing officer or administrative law judge, such officer or judge shall make recommendations to the commission regarding enforcement, including civil penalties. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. The acceptance of the recommendations by the respondent at any point will stop further action by the investigators in that case. (6) When the respondent agrees with the advisory committee recommendation, the investigators shall present such agreement to the commission. The commission is then authorized to adopt the recommendation of the advisory committee regarding a civil penalty, or to reject such a recommendation. The commission is not authorized to impose a civil penalty greater than the civil penalty recommended by the advisory committee or to impose any civil penalty if the advisory committee does not recommend a civil penalty. (7) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise additional care in accordance with subsection (c) (d) of Code Section 25-9-8 or reasonable care in accordance with other provisions of this chapter. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. Any proceeding or civil penalty undertaken pursuant to this Code section shall neither prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action except as otherwise provided in this chapter. (i)(j) All civil penalties ordered by the commission and collected pursuant to this Code section shall be deposited in the general fund of the state treasury." SECTION 8. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, FEBRUARY 19, 2013 295 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 117, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 20, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:18 a.m. 296 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 20, 2013 Twentieth 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 adopted by the requisite constitutional majority the following Bills of the House: HB 68. By Representative Kidd of the 145th: A BILL to be entitled an Act to amend Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to revise provisions relating to continuing education requirements for persons licensed to practice orthotics or prosthetics; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 182. By Representatives Weldon of the 3rd, Atwood of the 179th, Welch of the 110th, Allison of the 8th, Dutton of the 157th 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 provide for the appointment of a judge pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 20, 2013 297 HB 246. HB 319. HB 321. By Representatives Golick of the 40th, Smith of the 134th, Neal of the 2nd and Shaw of the 176th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to provide benefit programs to its officers, employees, and other agents, including a retirement plan and a group insurance plan; to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to extend the option to elect coverage in the program to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Beasley-Teague of the 65th and Fludd of the 64th: A BILL to be entitled an Act to authorize the City of Fairburn to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives Beasley-Teague of the 65th and Fludd of the 64th: A BILL to be entitled an Act to amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to remove the millage caps on ad valorem taxation of real and personal property; to repeal conflicting laws; and for other purposes. HB 334. By Representatives Kelley of the 16th and Battles of the 15th: A BILL to be entitled an Act to provide a new charter for the City of Euharlee; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 26. By Senators Staton of the 18th and Jones of the 25th: A BILL to be entitled an Act to provide that future elections for the office of coroner of Bibb County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as 298 JOURNAL OF THE SENATE amended; 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 176. By Senators Tolleson of the 20th, Ginn of the 47th and Davis of the 22nd: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to revise provisions relating to management of hazardous waste sites and provisions concerning the enrollment, participation, and administration of hazardous site remediation programs; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division and Environmental Advisory Council, so as to revise provisions relating to procedures for challenging certain agency actions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 177. By Senators Ginn of the 47th, Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: 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 change the membership of the Georgia Tourism Foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 178. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Article 6 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and death benefits under the Georgia Legislative Retirement System, so as to define a certain term; to broaden a certain provision prohibiting a person receiving a pension under such retirement system from accepting public employment; to provide that the board of trustees of such retirement system shall have the authority to provide for the time and circumstances of paying benefits as necessary to comply with federal law; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. WEDNESDAY, FEBRUARY 20, 2013 299 SB 179. By Senators Hill of the 6th and Dugan of the 30th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an exception; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; 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 180. By Senators Bethel of the 54th, Golden of the 8th, Carter of the 1st and Stone of the 23rd: A BILL to be entitled an Act to amend Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investment and real estate investments, so as to increase the total percentage of investments permissible in real estate investments for the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 181. By Senators Bethel of the 54th, Chance of the 16th, Thompson of the 33rd and Staton of the 18th: A BILL to be entitled an Act to amend Code Section 1-4-3 of the Official Code of Georgia Annotated, relating to American History Month and Georgia History Month, so as to declare September of each year to be Georgia History Month; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 182. By Senator Lucas of the 26th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 300 JOURNAL OF THE SENATE 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 repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 183. By Senator Lucas of the 26th: A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 188485, p. 435), as amended, 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 repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 184. By Senators McKoon of the 29th, Mullis of the 53rd, Miller of the 49th, Thompson of the 5th, 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 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. The following House legislation was read the first time and referred to committee: HB 68. By Representative Kidd of the 145th: A BILL to be entitled an Act to amend Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to revise provisions relating to continuing education requirements for persons licensed to practice orthotics or prosthetics; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. WEDNESDAY, FEBRUARY 20, 2013 301 HB 182. By Representatives Weldon of the 3rd, Atwood of the 179th, Welch of the 110th, Allison of the 8th, Dutton of the 157th 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 provide for the appointment of a judge pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 246. By Representatives Golick of the 40th, Smith of the 134th, Neal of the 2nd and Shaw of the 176th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to provide benefit programs to its officers, employees, and other agents, including a retirement plan and a group insurance plan; to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to extend the option to elect coverage in the program to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 319. By Representatives Beasley-Teague of the 65th and Fludd of the 64th: A BILL to be entitled an Act to authorize the City of Fairburn to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 321. By Representatives Beasley-Teague of the 65th and Fludd of the 64th: A BILL to be entitled an Act to amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to remove the millage caps on ad valorem taxation of real and personal property; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 302 JOURNAL OF THE SENATE HB 334. By Representatives Kelley of the 16th and Battles of the 15th: A BILL to be entitled an Act to provide a new charter for the City of Euharlee; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The 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 100 Do Pass Respectfully submitted, Senator Tippins of the 37th 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 72 SR 72 Do Pass Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 122 Do Pass by substitute Respectfully submitted, Senator Carter of the 1st District, Chairman WEDNESDAY, FEBRUARY 20, 2013 303 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 220 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd 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 70 SR 73 SR 96 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Gooch of the 51st District, Chairman The following legislation was read the second time: HB 105 SB 143 Senator Tippins of the 37th introduced the doctor of the day, Dr. Samuel A. Gilbert. Senator Tate of the 38th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. Senator Tate of the 38th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. Senator Seay of the 34th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Tolleson of the 20th Jeffares of the 17th Thompson of the 33rd 304 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Dugan Ginn Golden Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jones, B Jones, E Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C Tippins Unterman Wilkinson Williams Not answering were Senators: Butler (Excused) Jeffares (Excused) Tolleson (Excused) Davis (Excused) Orrock (Excused) Fort (Excused) Thompson, S. (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Bethel of the 54th introduced the chaplain of the day, Pastor Chuck Harris of Dalton, Georgia, who offered scripture reading and prayer. The President recognized former Senator Seth Harp. Seth Harp addressed the Senate briefly. Senator Ginn of the 47th recognized Wednesday, February 20, 2013, as Alpha Gamma Rho Day at the state capitol, commended by SR 193, adopted previously. Commissioner Gary W. Black addressed the Senate briefly. Senator Bethel of the 54th recognized and commended the Fellowship of Christian Athletes of Georgia, commended by SR 250, adopted previously. Dicky Clark, Vice President of Field Ministry, addressed the Senate briefly. WEDNESDAY, FEBRUARY 20, 2013 305 Senator Hill of the 32nd commended the emergency medical services professionals of Georgia and recognized February 20, 2013, as Emergency Medical Services Day at the capitol, commended by SR 219, adopted previously. Senator McKoon of the 29th recognized and commended Sam R. Cunningham, commended by SR 110, adopted previously. Senator Ramsey, Sr. of the 43rd recognized and commended Mr. Greg Mason upon the occasion of his retirement, commended by SR 202, adopted previously. Mr. Greg Mason addressed the Senate briefly. The President recognized Congressman Doug Collins. Congressman Doug Collins addressed the Senate briefly. Senator Wilkinson of the 50th commended Habersham County and recognized February 20, 2013, as Habersham County day at the state capitol, commended by SR 86, adopted previously. Ken Schubring, Board Chairman for Habersham County Chamber of Commerce, addressed the Senate briefly. The following resolutions were read and adopted: SR 251. By Senators McKoon of the 29th and Crane of the 28th: A RESOLUTION honoring the life and memory of Mr. Walter Johnson Lukken; and for other purposes. SR 252. By Senator James of the 35th: A RESOLUTION honoring and celebrating the 90th birthday of Ms. Lula Mae Parker; and for other purposes. SR 253. By Senators McKoon of the 29th, Cowsert of the 46th, Ramsey, Sr. of the 43rd, Stone of the 23rd, Thompson of the 5th and others: A RESOLUTION recognizing February 17-23, 2013, as Georgia Court Reporting and Captioning Week at the capitol; and for other purposes. SR 254. By Senators Murphy of the 27th and Gooch of the 51st: A RESOLUTION congratulating Kelsey Hirsch; and for other purposes. SR 255. By Senators Davenport of the 44th and Seay of the 34th: A RESOLUTION recognizing Tuesday, February 26, 2013, as Clayton County Day at the capitol; and for other purposes. 306 JOURNAL OF THE SENATE SR 256. By Senator Albers of the 56th: A RESOLUTION congratulating and commending the Centennial High School Model United Nations team on its national and state achievements; and for other purposes. SR 257. By Senator Albers of the 56th: A RESOLUTION congratulating David Resnick; and for other purposes. SR 258. By Senator Hill of the 6th: A RESOLUTION recognizing and commending Sam Massell and the Buckhead Coalition on the occasion of their 25th anniversary; and for other purposes. SR 259. By Senator Hill of the 6th: A RESOLUTION honoring the Cumberland Community Improvement District; and for other purposes. SR 260. By Senator Staton of the 18th: A RESOLUTION recognizing and commending Aretha Neal on receiving the Georgia Hospital Association's Distinguished Service Award; and for other purposes. SR 261. By Senators Heath of the 31st and Dugan of the 30th: A RESOLUTION recognizing and commending Mercedes Laine Williams; and for other purposes. SR 262. By Senators Heath of the 31st and Dugan of the 30th: A RESOLUTION recognizing and commending Lisa Williams; and for other purposes. SR 263. By Senators Heath of the 31st and Dugan of the 30th: A RESOLUTION recognizing and commending the Great American Bus Interactive Education, LLC (G.A.B.I.E.); and for other purposes. WEDNESDAY, FEBRUARY 20, 2013 307 SR 264. By Senator Hill of the 6th: A RESOLUTION recognizing and commending the Ahavath Achim Synagogue on the occasion of its 125th anniversary; and for other purposes. Senator Hill of the 4th asked unanimous consent that HB 105 be committed to the Senate Appropriations Committee from the General Calendar. The consent was granted, and HB 105 was committed to the Senate Appropriations 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 Wednesday February 20, 2013 Twentieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 220 Crosby of the 13th CRISP COUNTY 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. 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 Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy 308 JOURNAL OF THE SENATE Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Chance Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Staton Y Stone 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 46, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 20, 2013 TWENTIETH LEGISLATIVE DAY SB 11 Georgia Geospatial Advisory Council; reestablish; membership; duties (Substitute)(NR&E-1st) SB 69 Juvenile Justice Dept.; confidentiality of information supplied; penalties for breach of confidentiality (Substitute)(JUDYNC-27th) SB 86 Family Violence Order; provide greater protection of victims of family violence (Substitute)(JUDYNC-23rd) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: WEDNESDAY, FEBRUARY 20, 2013 309 SB 11. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties; to provide for rules and regulations; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 11: 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 reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties and powers; to provide for rules and regulations; 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. Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, is amended by adding a new Code section to read as follows: "12-5-9. (a) As used in this Code section, the term: (1) 'Director' means the director of the division. (2) 'Division' means the Environmental Protection Division of the department. (b) It is the intent of the General Assembly to provide the general public with access to reliable geospatial data, including but not limited to flood map modernization. Currently, Georgia lacks many of the components which would provide for reliable data such as geospatial coordination and collaboration, policies, standards, state-wide geospatial datasets, current inventory, state-wide license agreements, business and strategic plans, trained work force, data life cycle support, and contract and program management support. (c)(1) In order to provide reliable geospatial data to the public, there shall be created the Georgia Geospatial Advisory Council. The division shall coordinate the creation of such council. 310 JOURNAL OF THE SENATE (2) The council shall consist of the executive officer, or his or her designee, of each of the following entities of this state: (A) Association County Commissioners of Georgia; (B) Department of Community Affairs; (C) Department of Economic Development; (D) Department of Homeland Security; (E) Department of Natural Resources; (F) Department of Public Health; (G) Department of Revenue; (H) Department of Transportation; (I) Environmental Protection Division; (J) Georgia Association of Regional Commissions; (K) Georgia Emergency Management Agency; (L) Georgia Environmental Finance Authority; (M) Georgia Municipal Association; (N) Georgia Technology Authority; (O) Office of Planning and Budget; (P) State Forestry Commission; and (Q) State Properties Commission. No member shall continue to serve on the council if no longer an employee or officer of the entity he or she represents. Additional entities may seek consideration for membership by request and shall be appointed by majority vote of the council. The chairperson of the Georgia Geographical Informations Systems Coordinating Committee shall serve on the council in a nonvoting advisory capacity. (3) The council shall meet initially upon the call of the director and shall elect a chairperson at the initial meeting. Subsequent meetings shall be called by the chairperson; provided, however, that the council shall meet at least quarterly. Councilmembers shall receive no compensation for their services as members of the council, but their travel expenses, if any, related to the performance of their official duties may be covered by the departments, agencies, or organizations they represent. (d) In carrying out its purposes under this Code section, the council shall have the following general duties and powers: (1) To monitor, study, and ascertain, in cooperation with other state and local agencies and any agency of the United States government, the state's present geospatial capabilities, the need for strengthening capabilities, and the extent to which such needs are being currently met; (2) To strategically plan for a sustainable state geographical informations systems program; (3) To seek input from relevant stakeholders; (4) To compile and disseminate reports; (5) To coordinate with and make recommendations to the Governor, the General Assembly, state agencies, counties, municipalities, and other political subdivisions of this state regarding geographical informations systems; and WEDNESDAY, FEBRUARY 20, 2013 311 (6) To adopt bylaws for the conduct of its business. (e) The council shall audit Georgia's geospatial capabilities at county, regional, and state levels. The audit shall contain a complete status update and recommendations for utilizing the geospatial capabilities in Georgia to meet Federal Emergency Management Agency notification requirements, recommendations for moving forward to achieve governmental data interoperability and enhanced delivery of services to Georgia citizens through the geospatial approach, and any other information determined by the council to be necessary for the advancement of geospatial technology. (f) The council shall closely coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures. (g) The reports generated by the council shall be made available on an annual basis by the department to the members of the General Assembly, all departments and agencies of state government, and all county and municipal governments and shall be posted on the Internet website of the department. (h) The Board of Natural Resources shall promulgate such rules and regulations as may be reasonable and necessary for the administration of this Code section. (i) This Code section shall stand repealed on June 30, 2016." 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Crosby Y Davenport Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Thompson, C Y Thompson, S 312 JOURNAL OF THE SENATE Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 11, having received the requisite constitutional majority, was passed by substitute. SB 69. By Senators Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd, Chance of the 16th, Carter of the 42nd and others: 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 provide for confidentiality of information supplied by certain children; to provide for penalties for a breach of confidentiality; to provide for confidentiality of investigations; to amend Code Section 15-11-84 of the Official Code of Georgia Annotated, relating to sharing confidential information between governmental agencies, so as to provide a crossreference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Judiciary Non-Civil Committee offered the following substitute to SB 69: 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 provide for confidentiality of information supplied by certain children; to provide for penalties for a breach of confidentiality; to amend Code Section 15-11-84 of the Official Code of Georgia Annotated, relating to sharing confidential information between governmental agencies, so as to provide a cross-reference; 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 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by adding a new Code section to read as follows: WEDNESDAY, FEBRUARY 20, 2013 313 "49-4A-19. (a) As used in this Code section, the term 'children' means children under the supervision of the department or committed to the department. (b) The identity of children and the information provided by children who report abuses or wrongdoing in the juvenile justice system shall not be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50 nor otherwise disclosed by officials or employees of the department except upon the written request of the child, or a representative of such child, who reported the abuse or wrongdoing. (c) Any official or employee who violates this Code section shall be subject to suspension or discharge. (d) At least annually, the commissioner shall issue a public report summarizing the number of reports of abuse or wrongdoing received and the general nature of such reports." SECTION 2. Code Section 15-11-84 of the Official Code of Georgia Annotated, relating to sharing confidential information between governmental agencies, is amended by revising subsection (b) as follows: "(b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15 or 15-11-9.1, subsection (d) of Code Section 15-11-10, or Code Section 15-11-66.1, 15-11-75, 15-11-81, 15-11-82, 15-11174, 20-2-751.2, 20-14-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-4A-19, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interest of the child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of the child in juvenile court or superior court or utilized to the detriment of the child." 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. 314 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 51, nays 0. SB 69, having received the requisite constitutional majority, was passed by substitute. Senator Sims of the 12th was excused for business outside the Senate Chamber. SB 86. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 20, 2013 315 The Senate Judiciary Non-Civil Committee offered the following substitute to SB 86: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by revising Code Section 16-5-95, relating to the offense of violating a family violence order, as follows: "16-5-95. (a) As used in this Code section, the term: (1) 'Family violence' shall have the same meaning as set forth in Code Section 19-131. (2) 'Family violence order' means: (A) Any temporary restraining order, temporary protective order, permanent restraining order, or permanent protective order issued pursuant to Article 1 of Chapter 13 of Title 19; (B) Any order of pretrial release issued as a result of an arrest for an act of family violence; or (C) Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence. (b) A person commits the offense of violating a family violence order when the such person knowingly and in a nonviolent manner violates the terms of a family violence temporary restraining order, temporary protective order, permanent restraining order, or permanent protective such order issued against that person pursuant to Article 1 of Chapter 13 of Title 19, which: (1) Excludes, evicts, or excludes and evicts the person from a residence or household; (2) Directs the person to stay away from a residence, workplace, or school; (3) Restrains the person from approaching within a specified distance of another person; or (4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in the order. 316 JOURNAL OF THE SENATE (b)(c) Any person convicted of a violation of subsection (a) (b) of this Code section shall be guilty of a misdemeanor. (c)(d) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct." SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-4-20, relating to authorization of arrests with and without warrants, as follows: "(a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the: (1) The offense is committed in such officer's presence or within such officer's immediate knowledge; if the (2) The offender is endeavoring to escape; if the (3) The officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; if the (4) The officer has probable cause to believe that the offender has violated a family violence order, as defined in Code Section 16-5-95; provided, however, that such officer shall not have any prior or current familial relationship with the alleged victim or the offender; (5) The officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or for (6) For other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant." SECTION 3. Said title is further amended by revising subparagraph (b)(2)(B) of Code Section 17-6-1, relating to where offenses are bailable, as follows: "(B) When an arrest is made by a law enforcement officer without a warrant upon an act of family violence or violation of a family violence order pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. WEDNESDAY, FEBRUARY 20, 2013 317 SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Cowsert of the 46th offered the following amendment #1: Amend the committee substitute (LC 29 5486S) to SB 86 by adding subsection (c) following line 71 as follows: (c) When an arrest is made by a law enforcement officer without a warrant upon a violation of a family violence order pursuant to code section 17-4-20, the person arresting shall, without delay, comply with the provisions of code section 17-4-62. Any person who is not brought before such judicial officer within 48 hours of arrest shall be released and the charge for violating code section 16-5-95 shall be dismissed. Senators Shafer of the 48th, Unterman of the 45th, Staton of the 18th and Cowsert of the 46th offered the following amendment #1a: Amend amendment #1 to the committee substitute (LC 29 5486S) to SB 86 by adding on line 13 after the word "dismiss" the following words: "and the record of the arrest restricted." On the adoption of the amendment, there were no objections, and the Shafer, et al. amendment #1a to the Cowsert amendment #1 to the committee substitute was adopted. On the adoption of the amendment, there were no objections, and the Cowsert amendment #1 to the committee substitute was adopted as amended. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer 318 JOURNAL OF THE SENATE Y Carter, J Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Millar E Sims Y Staton Y Stone 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 49, nays 0. SB 86, having received the requisite constitutional majority, was passed by substitute. The following communications were 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 Please vote me yes on SB 86. /s/ Fran Millar 2/20/13 20 February 2013 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 WEDNESDAY, FEBRUARY 20, 2013 319 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 Ann Purcell was elected as the member of the State Transportation Board from the 1st Congressional District. She 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 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 6, 2013, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Ann Purcell was elected as a member of the State Transportation Board from the 1st Congressional District to serve a term expiring April 15, 2017. Respectfully submitted, /s/ Honorable Ron Stephens Representative, District 164 CHAIRMAN /s/ Honorable Mickey Stephens Representative, District 165 SECRETARY 320 JOURNAL OF THE SENATE 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 Ann Purcell has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 1st 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, GEORGIA 30334 (404) 656-5000 20 February 2013 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 Johnny Floyd was elected as the member of the State Transportation Board from the 2nd Congressional District. He will serve for a term expiring April 15, 2018. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. WEDNESDAY, FEBRUARY 20, 2013 321 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 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 6, 2013, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Johnny Floyd was elected as a member of the State Transportation Board from the 2nd Congressional District to serve a term expiring April 15, 2018. Respectfully submitted, /s/ Honorable Calvin Smyre Representative, District 135 CHAIRMAN /s/ Honorable Debbie Buckner Representative, District 137 SECRETARY LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE 322 JOURNAL OF THE SENATE This is to certify that Honorable Johnny Floyd has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 2nd Congressional District for a term expiring April 15, 2018. /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, GEORGIA 30334 (404) 656-5000 20 February 2013 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 Stacy Key was elected as the member of the State Transportation Board from the 5th Congressional District. She will serve for a term expiring April 15, 2018. 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 20, 2013 323 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 7, 2013, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Stacy Key was elected as a member of the State Transportation Board from the 5th Congressional District to serve a term expiring April 15, 2018. Respectfully submitted, /s/ Honorable Virgil Fludd Representative, District 64 CHAIRMAN /s/ Honorable Horacena Tate Senator, District 38 SECRETARY 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 Stacy Key has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 5th Congressional District for a term expiring April 15, 2018. /s/ HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR /s/ HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES 324 JOURNAL OF THE SENATE LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 20 February 2013 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 Dan Moody was elected as the member of the State Transportation Board from the 6th Congressional District. He will serve for a term expiring April 15, 2014. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With 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 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 7, 2013, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dan Moody was elected as a member of the State Transportation Board from the 6th Congressional District to serve a term expiring April 15, 2014. WEDNESDAY, FEBRUARY 20, 2013 325 Respectfully submitted, /s/ Honorable David Shafer Senator, District 48 CHAIRMAN /s/ Honorable Jan Jones Representative, District 47 SECRETARY 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 Dan Moody has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 6th Congressional District for a term expiring April 15, 2014. /s/ HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR /s/ HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES 20 February 2013 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 326 JOURNAL OF THE SENATE 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 Emily Dunn was elected as the member of the State Transportation Board from the 9th Congressional District. She will serve for a term expiring April 15, 2018. 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 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 12, 2013, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Emily Dunn was elected as a member of the State Transportation Board from the 9th Congressional District to serve a term expiring April 15, 2018. Respectfully submitted, /s/ Honorable David Ralston Representative, District 7 CHAIRMAN /s/ Honorable Regina Quick Representative, District 117 SECRETARY WEDNESDAY, FEBRUARY 20, 2013 327 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 Emily Dunn has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 9th Congressional District for a term expiring April 15, 2018. /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, GEORGIA 30334 (404) 656-5000 20 February 2013 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 Jamie Boswell was elected as the member of the State Transportation Board from the 10th Congressional District. He will serve for a term expiring April 15, 2018. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. 328 JOURNAL OF THE SENATE 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 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 12, 2013, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jamie Boswell was elected as a member of the State Transportation Board from the 10th Congressional District to serve a term expiring April 15, 2018. Respectfully submitted, /s/ Honorable Ben Harbin Representative, District 122 CHAIRMAN /s/ Honorable Regina Quick Representative, District 117 SECRETARY LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 WEDNESDAY, FEBRUARY 20, 2013 329 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Jamie Boswell has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 10th Congressional District for a term expiring April 15, 2018. /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, GEORGIA 30334 (404) 656-5000 20 February 2013 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 Dana Lemon was elected as the member of the State Transportation Board from the 13th Congressional District. She will serve for a term expiring April 15, 2018. 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 330 JOURNAL OF THE SENATE LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 7, 2013, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dana Lemon was elected as a member of the State Transportation Board from the 13th Congressional District to serve a term expiring April 15, 2018. Respectfully submitted, /s/ Honorable Alisha Thomas Morgan Representative, District 39 CHAIRMAN /s/ Honorable Sandra Scott Representative, District 76 SECRETARY 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 Dana Lemon has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 13th Congressional District for a term expiring April 15, 2018. /s/ HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR /s/ HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES WEDNESDAY, FEBRUARY 20, 2013 331 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 20 February 2013 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 Roger Williams was elected as the member of the State Transportation Board from the 14th Congressional District. He will serve for a term expiring April 15, 2018. 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 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 12, 2013, in the Senate Chamber of the State Capitol 332 JOURNAL OF THE SENATE Building. At that caucus, Honorable Roger Williams was elected as a member of the State Transportation Board from the 14th Congressional District to serve a term expiring April 15, 2018. Respectfully submitted, /s/ Honorable John Meadows Representative, District 5 CHAIRMAN /s/ Honorable Jeff Mullis Senator, District 53 SECRETARY 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 Roger Williams has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 14th Congressional District for a term expiring April 15, 2018. /s/ HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR /s/ HONORABLE DAVID RALSTON SPEAKER, HOUSE OF REPRESENTATIVES Senator Staton of the 18th moved that the Senate adjourn until 10:00 a.m. Thursday, February 21, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:56 a.m. THURSDAY, FEBRUARY 21, 2013 333 Senate Chamber, Atlanta, Georgia Thursday, February 21, 2013 Twenty-first Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others: A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 160. By Representatives Jacobs of the 80th, Welch of the 110th, Oliver of the 82nd, Lindsey of the 54th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, 334 JOURNAL OF THE SENATE HB 178. HB 208. HB 209. HB 235. conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a future conveyance 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. By Representatives Weldon of the 3rd, Cooper of the 43rd, Taylor of the 79th, Channell of the 120th, Parrish of the 158th 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 require the licensure of pain management clinics; to provide for requirements for licensure; to provide for denial, suspension, and revocation of licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Watson of the 166th, Lindsey of the 54th, Carter of the 175th, Cooper of the 43rd, Pak of the 108th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require nursing homes to annually offer influenza vaccinations to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Watson of the 166th, Stephens of the 164th, Parrish of the 158th, Cooper of the 43rd, Broadrick of the 4th 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 revise requirements relating to use of security paper; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Ehrhart of the 36th and Meadows of the 5th: A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise THURSDAY, FEBRUARY 21, 2013 335 the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; 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 185. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend Article 9 of Title 11 of the O.C.G.A., relating to secured transactions, so as to modernize the article; to change and provide for definitions; to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets considered in determining financial condition of insurers, generally, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 186. By Senator Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, hospitalization, and treatment of involuntary patients, so as to provide for authorization of ambulance personnel to transport certain mentally ill patients under certain circumstances; to provide for report; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 187. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 336 JOURNAL OF THE SENATE SB 188. By Senators Loudermilk of the 14th, Crane of the 28th, Heath of the 31st, Ligon, Jr. of the 3rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide an exemption from the application of certain laws regarding the carrying and possession of firearms for persons possessing valid weapons carry licenses; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 189. By Senators Millar of the 40th, Albers of the 56th, Henson of the 41st, Carter of the 1st, Staton of the 18th 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 Education and Youth Committee. SB 190. By Senators Jones of the 10th, Hill of the 4th, Tate of the 38th, Sims of the 12th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to provide for the presumption of abandonment of gift certificates, gift cards, and credit memos that remain unclaimed one year after issuance; to provide for disposition of funds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SR 267. By Senator Ligon, Jr. of the 3rd: A RESOLUTION urging the United States Army Corps of Engineers to close Noyes Cut in the Satilla River System; and for other purposes Referred to the Natural Resources and the Environment Committee. THURSDAY, FEBRUARY 21, 2013 337 SR 273. By Senators Albers of the 56th, Beach of the 21st, Shafer of the 48th and Hill of the 32nd: 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 277. By Senator Mullis of the 53rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for the comprehensive revision of the joint county and municipal local option sales and use tax and specify the distribution and use of the proceeds thereof for property tax relief; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. The following House legislation was read the first time and referred to committee: HB 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others: A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-953, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. 338 JOURNAL OF THE SENATE HB 160. By Representatives Jacobs of the 80th, Welch of the 110th, Oliver of the 82nd, Lindsey of the 54th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a future conveyance 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. Referred to the Judiciary Committee. HB 178. By Representatives Weldon of the 3rd, Cooper of the 43rd, Taylor of the 79th, Channell of the 120th, Parrish of the 158th 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 require the licensure of pain management clinics; to provide for requirements for licensure; to provide for denial, suspension, and revocation of licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 208. By Representatives Watson of the 166th, Lindsey of the 54th, Carter of the 175th, Cooper of the 43rd, Pak of the 108th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require nursing homes to annually offer influenza vaccinations to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 209. By Representatives Watson of the 166th, Stephens of the 164th, Parrish of the 158th, Cooper of the 43rd, Broadrick of the 4th 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 THURSDAY, FEBRUARY 21, 2013 339 pharmacists and pharmacies, so as to revise the definition of "security paper"; to revise requirements relating to use of security paper; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 235. By Representatives Ehrhart of the 36th and Meadows of the 5th: A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. The following committee reports were read by the Secretary: Mr. President: The 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 101 Do Pass by substitute Respectfully submitted, Senator Wilkinson of the 50th District, Chairman Mr. President: The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 105 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman 340 JOURNAL OF THE SENATE 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 137 Do Pass by substitute Respectfully submitted, Senator Ginn of the 47th District, Chairman The following communications were received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 February 20, 2013 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Charlie Bethel to serve as Ex-Officio for the Senate Economic Development Committee meeting on February 20, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 THURSDAY, FEBRUARY 21, 2013 341 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 February 20, 2013 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Dean Burke to serve as Ex-Officio for the Senate Economic Development Committee meeting on February 20, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 February 20, 2013 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator John Wilkinson to serve as Ex-Officio for the Senate Economic Development Committee meeting on February 20, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate 342 JOURNAL OF THE SENATE Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 94 SB 128 Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 82 SB 103 SB 155 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Cowsert of the 46th 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: HR 4 SB 105 SB 125 Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Judiciary Non-Civil 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 21, 2013 343 SB 120 SB 134 SB 135 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Stone of the 23rd 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 61 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Retirement Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 142 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: HB 201 Do Pass HB 273 Do Pass HB 204 Do Pass HB 278 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following legislation was read the second time: SB 70 SR 96 SB 72 SB 100 SB 122 SR 72 SR 73 344 JOURNAL OF THE SENATE 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. The following Senators were excused for business outside the Senate Chamber: Harbison of the 15th Jeffares of the 17th Tolleson of the 20th The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jones, B Jones, E Ligon Loudermilk Lucas McKoon Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Tate Thompson, C Thompson, S Tippins Unterman Wilkinson Williams Not answering were Senators: Harbison (Excused) Tolleson (Excused) Jeffares (Excused) Millar (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Hill of the 6th introduced the chaplain of the day, Dr. Michael Youssef of Atlanta, Georgia, who offered scripture reading and prayer. Senator Carter of the 1st introduced the doctor of the day, Dr. D. Keith Cobb. Senator James of the 35th recognized Thandeka Luthuli Geabashe. Thandeka Luthuli Geabashe addressed the Senate briefly. THURSDAY, FEBRUARY 21, 2013 345 The following resolutions were read and adopted: SR 265. By Senator Stone of the 23rd: A RESOLUTION congratulating the Augusta Christian Schools Varsity Competition Cheerleading Team on winning the 2012 South Carolina Independent School Association (SCISA) Class AAA State Competition Cheerleading Championship; and for other purposes. SR 266. By Senator Stone of the 23rd: A RESOLUTION congratulating the Augusta Christian Schools varsity football team on their record-breaking season; and for other purposes. SR 268. By Senator Jones of the 25th: A RESOLUTION recognizing and commending Dr. Benny Tate; and for other purposes. SR 269. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Dakota Hayden; and for other purposes. SR 270. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Charlie McDermitt; and for other purposes. SR 271. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Sean Montgomery; and for other purposes. SR 272. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Christian Blackmon; and for other purposes. SR 274. By Senators Seay of the 34th and Davenport of the 44th: A RESOLUTION recognizing and commending Carol Stewart on the occasion of her retirement; and for other purposes. 346 JOURNAL OF THE SENATE SR 275. By Senators Miller of the 49th, Wilkinson of the 50th and Ginn of the 47th: A RESOLUTION recognizing and commending the South Hall Republican Club; and for other purposes. SR 276. By Senators Miller of the 49th, Gooch of the 51st, Unterman of the 45th and Murphy of the 27th: A RESOLUTION recognizing and commending Ms. Joy Hortman on the occasion of her retirement; and for other purposes. SR 278. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Steve Holman on his outstanding achievements; and for other purposes. SR 279. By Senator James of the 35th: A RESOLUTION recognizing and commending the Fulton County Marshal's Department on the one hundredth anniversary of its establishment; and for other purposes. SR 280. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending the Pope High School wrestling team on their 2012 GHSA Class AAAAA State Championship; and for other purposes. SR 281. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Michelle Bowman, Harrison High School's 2013 STAR Teacher; and for other purposes. SR 282. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Sara Griffin, Kell High School's 2013 STAR Teacher; and for other purposes. SR 283. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Dr. Wylie Brown, Lassiter High School's 2013 STAR Teacher; and for other purposes. THURSDAY, FEBRUARY 21, 2013 347 SR 284. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Eric Smith, North Springs High School's 2013 STAR Teacher; and for other purposes. SR 285. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Debra Strydom, Pope High School's 2013 STAR Teacher; and for other purposes. SR 286. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Dan Sorenson, Pope High School's 2013 STAR Teacher; and for other purposes. SR 287. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Arielle Pool, Riverwood International School's 2013 STAR Teacher; and for other purposes. SR 288. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending David Martin, Sprayberry High School's 2013 STAR Teacher; and for other purposes. SR 289. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Dr. Cheryl Crooks, Wheeler High School's 2013 STAR Teacher; and for other purposes. SR 290. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Kelly Bryan, Walton High School's 2013 STAR Teacher; and for other purposes. SR 291. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Tina Link, Walton High School's 2013 STAR Teacher; and for other purposes. 348 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 Thursday February 21, 2013 Twenty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 201 Burke of the 11th GRADY COUNTY LAKE AUTHORITY A BILL to be entitled an Act to create the Grady County Lake Authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 204 Burke of the 11th CITY OF SALE CITY A BILL to be entitled an Act to provide a new charter for the City of Sale City, approved June 3, 2003 (Ga. L. 2003, p. 4568), as amended, so as to provide for staggered, four-year terms of office for the city council; to provide for four-year terms of office for the mayor; to provide for the manner of election and transitions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 273 Staton of the 18th Jones of the 25th Lucas of the 26th STATE COURT OF BIBB COUNTY A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 21, 2013 349 HB 278 Burke of the 11th Sims of the 12th CITY OF ARLINGTON; COUNTY OF CALHOUN A BILL to be entitled an Act to amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), and an Act approved March 28, 2011 (Ga. L. 2011, p. 3525), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to repeal provisions relating to the appointment, qualifications, powers and duties, and compensation of a city manager; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *HB 273: Senators Staton of the 18th, Jones of the 25th and Lucas, Sr., of the 26th offered the following substitute to HB 273: A BILL TO BE ENTITLED AN ACT To amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, is amended by revising Sections IV, V, and VI as follows: "SECTION IV. (a) There shall be two full-time judges of the State Court of Bibb County who shall be selected as provided in this section. 350 JOURNAL OF THE SENATE (b) The judge of the State Court of Bibb County in office on January 1, 2013, shall continue to serve the term of office to which said judge was elected until the election and qualification of a successor as provided by law. (c) The additional judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2013, and expiring December 31, 2014, and until a successor is elected and qualified. A successor to the additional judge shall be elected in a manner provided by Code Section 21-2-138, of the O.C.G.A. for the election of judges of the state courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2138 of the O.C.G.A. for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the state courts of this state. (d) The judge of the State Court of Bibb County having the longest time in service as a judge of said court shall be the chief judge of the State Court of Bibb County. The chief judge shall have responsibility for the administration of the operations of the State Court of Bibb County, including, but not limited to, appointment of the clerk, budgeting, scheduling, and the policies, rules, and standing orders of the State Court of Bibb County. (e) The judges of the State Court of Bibb County shall receive as salary compensation an amount equal to 90 percent of the base salary paid to a judge in the superior courts by the state and, in addition, an amount equal to 90 percent of any county supplement paid to judges of the Superior Court of Bibb County. The chief judge of the State Court of Bibb County shall also be paid additional salary compensation in the amount of $2,500.00. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County. In addition to the salary compensation provided for in this section, the governing authority of Bibb County shall pay on behalf of each judge of the State Court of Bibb County a sum equal to the contribution required for judges by the Georgia Judicial Retirement System created by Chapter 23 of Title 47 of the O.C.G.A. SECTION V. The judges of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be subject to such restrictions and discipline, as provided by Chapter 7 of Title 15 of the O.C.G.A. for state court judges in the State of Georgia. SECTION VI. The solicitor-general of the State Court of Bibb County shall have such qualifications, powers, and authority, and shall be selected, as provided for by law for solicitors-general in the State of Georgia. The solicitor-general of said court shall receive as compensation an amount equal to 76 percent of the salary of the judges of the Superior Court of Bibb County paid by the state, and, in addition, an amount equal to 76 percent of the amount of THURSDAY, FEBRUARY 21, 2013 351 any county supplement paid to the judges of the Superior Court of Bibb County. All of such compensation shall be paid from the funds of Bibb County and in like intervals and installments as salaries are paid to employees of Bibb County." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 0, and the Staton, et al. 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 49, nays 0. The bills on the Local Consent Calendar, except HB 273, having received the requisite constitutional majority, were passed. HB 273, having received the requisite constitutional majority, was passed by substitute. 352 JOURNAL OF THE SENATE Senator Stone of the 23rd congratulated the Augusta Christian Schools Varsity Competition Cheerleading Team on winning the 2012 South Carolina Independent School Association (SCISA) Class AAA State Competition Cheerleading Championship, commended by SR 265, adopted previously. Coach Jaime McKie addressed the Senate briefly. Senator Stone of the 23rd congratulated the Augusta Christian Schools varsity football team on their record-breaking season, commended by SR 266, adopted previously. Head Coach Keith Walton addressed the Senate briefly. Senator Albers of the 56th was excused for business outside the Senate Chamber. SENATE RULES CALENDAR THURSDAY, FEBRUARY 21, 2013 TWENTY-FIRST LEGISLATIVE DAY SB 12 Torts; recreational joint-use agreement; specifications; definitions (Substitute)(JUDY-29th) SB 104 Community Affairs Department; comprehensive plans of local government; revise the minimum elements (SLGO(G)-47th) SR 113 Public Property; granting of restrictive and nonexclusive easements for operation/maintenance of facilities, utilities 16 counties (Substitute) (SI&P-24th) SR 201 Army, Dept. of the; request to carefully consider the socioeconomic impact; Programmatic Environmental Assessment (VM&HS-29th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 12. By Senator McKoon of the 29th: 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. THURSDAY, FEBRUARY 21, 2013 353 The Senate Judiciary Committee offered the following substitute to SB 12: 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, is amended by adding a new Code section to read as follows: "51-1-52. (a) As used in this Code section, the term: (1) 'Facilities' means a school's buildings, fixtures, and equipment, including, but not limited to, classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, gardens, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition. (2) 'Recreational joint-use agreement' means a written agreement between the governing authority of a school and a public or private entity authorizing such entity to access the facilities of a school under the governing authority's jurisdiction for the purposes of conducting or engaging in recreational, physical, or performing arts activity. (3) 'School' means any public pre-kindergarten, elementary school, or secondary school. (b) A recreational joint-use agreement shall: (1) Set forth the terms and conditions of the use of a facility; (2) Include a hold harmless provision in favor of the governing authority; (3) Be revocable at any time by the governing authority of the school; and (4) Require the public or private entity to maintain and provide proof of a minimum of $1 million in liability insurance coverage effective for the duration of such agreement. (c) The governing authority of a school, when operating pursuant to a recreational joint-use agreement, shall not be liable for any civil damages arising from the use of the school's facilities unless it is proven by clear and convincing evidence that injuries or damages arising from such use were caused by the gross negligence or willful or wanton misconduct of the school's governing authority; provided, however, that such 354 JOURNAL OF THE SENATE limitation of liability shall not apply unless the entity accessing or using the facilities of a school pursuant to a recreational joint-use agreement has a minimum of $1 million in liability and accident insurance coverage applicable to its use of the facilities. (d) Code Section 51-12-33 shall not apply to claims for civil damages arising from the use of a school's facilities pursuant to a recreational joint-use agreement. (e) This Code section shall apply to causes of action arising on or after July 1, 2013." 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. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 12, having received the requisite constitutional majority, was passed by substitute. THURSDAY, FEBRUARY 21, 2013 355 SB 104. By Senators Ginn of the 47th, Jeffares of the 17th, Albers of the 56th, Carter of the 42nd, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the minimum elements addressed and included in comprehensive plans of local governments; to remove the requirement for certain findings with regard to projects of regional importance or impact; to remove certain limitations on actions by counties or municipalities with regard to local plans; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy N Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 46, nays 4. SB 104, having received the requisite constitutional majority, was passed. Senator Mullis of the 53rd was excused for business outside the Senate Chamber. 356 JOURNAL OF THE SENATE SR 113. By Senators Jackson of the 24th, Albers of the 56th, Jeffares of the 17th and Bethel of the 54th: 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, to provide for an effective date, to repeal conflicting laws, and for other purposes. The Senate State Institutions and Property Committee offered the following substitute to SR 113: 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties; and WHEREAS, Citizens Telephone Company, Inc.; Augusta, Georgia; City of Gainesville; City of Marietta; Flint Electric Membership Corporation; Georgia Department of Transportation; Georgia Power Company; Habersham Electric Membership Corporation; Mark and Cliff Shipp; Snapping Shoals Electric Membership Corporation; Windstream Standard, L.L.C. and various utilities desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these 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 Georgia Department of Corrections; Georgia Department of Defense, Georgia Department of Education; Georgia Department of Natural Resources; and Technical College System of Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: THURSDAY, FEBRUARY 21, 2013 357 ARTICLE I SECTION 1. That the State of Georgia is the owner of the hereinafter described real property lying and being in GMD 243 Barrow 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 overhead and underground utility lines to the Camp Will-A-Way campground host site and to recreational fields. Said easement area is located at Fort Yargo State Park, Camp Will-A-Way, Barrow County, Georgia and is more particularly described as follows: That approximately 0.05 of an acre and that portion only as shown on a drawing prepared by Josh Sweat titled Georgia Power Company, 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 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said overhead and underground utility lines. 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 overhead and underground utility lines. SECTION 5. That, after Georgia Power Company has put into use the overhead and underground utility lines 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. 358 JOURNAL OF THE SENATE 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 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 since this action will solely benefit the Department of Natural Resources and the State of Georgia. THURSDAY, FEBRUARY 21, 2013 359 SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Barrow 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 219 and 219 of the 5th Land District of Carroll 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 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 installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service to a lighted sign. Said easement area is located at the West Georgia Technical College in Carroll County, Georgia and is more particularly described as follows: That approximately 0.34 of an acre and that portion only as shown on a drawing furnished by the Technical College System of Georgia, 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, operating and maintaining an underground electrical power line and necessary equipment. 360 JOURNAL OF THE SENATE 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 installation, operation, and maintenance of said electric power line and necessary equipment. SECTION 18. That, after Georgia Power Company has put into use the power line and necessary equipment 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 and any equipment 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 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 THURSDAY, FEBRUARY 21, 2013 361 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, given the public purpose of the project, 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 Carroll 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. 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 the 8th Georgia Militia District of Chatham County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, the Board of which on April 25, 2012 approved a resolution for and 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. 362 JOURNAL OF THE SENATE SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement area for constructing, maintaining and operating a road known as the Back River Bridge/U.S. Highway 17, State Route 404 Spur associated with NH0000009-02(093) Chatham County, GDOT PI # 522920. Said easement area is located in the Back River and connects to Jasper County, South Carolina, and is more particularly described as follows: That approximately 5.848 acres shown as Parcels 1 and 2 and that portion only as shown on an engineered drawing prepared by the Georgia Department of Transportation Right of Way Plans, U.S. 17/SR 404 Spur, Back River Bridge Replacement, Chatham County, Federal Aid Project Georgia DOT P-I # 522920, as last revised on 3/02/12 and 3/03/12, 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 constructing, maintaining, and operating said Bridge and Road. SECTION 30. 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 proper installation, operation, and maintenance of said Bridge and Road. SECTION 31. That, after the Georgia Department of Transportation has put into use the Bridge and Road that 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 Bridge and Road shall become the property of the State of Georgia, or its successors and assigns. SECTION 32. That no title shall be conveyed to 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. THURSDAY, FEBRUARY 21, 2013 363 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 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 this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 36. That, given the public purpose of the project, 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 37. 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. 364 JOURNAL OF THE SENATE SECTION 38. 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 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. SECTION 40. That the Coastal Resources Division of the Georgia Department of Natural Resources issued on March 29, 2012, to the Georgia Department of Transportation a Letter of Permission for Revocable License in tidal waters in this easement area, in response to that Transportation Department's October 21, 2011 request for Revocable License in tidal waters. ARTICLE IV SECTION 41. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 287, 290, 291 of Land District 17, and Land Lots 1159, 1218, 1281, 1290, and 1231 of Land District 16, Cobb County, Georgia, and the property is known as the Western and Atlantic Railroad tract 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. SECTION 42. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Marietta, or its successors and assigns, a nonexclusive easement for its Kennesaw Mountain to Chattahoochee River Trail for the purpose of constructing, operating and maintaining a pedestrian trail and related sidewalks, ramps, piping and drainage structures, and signal boxes, together with the right of ingress and egress on a portion of this land as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Cobb County, Georgia, and is more particularly described as follows: That approximately 24,803 square feet (approximately 0.57 of an acre) portion and that portion only as shown in pink for temporary construction easements, and that approximately 19,127 square feet (approximately 0.44 of an acre) portion and that portion only as shown in green for permanent construction easements on a drawing prepared by Arcadis titled Department of Transportation, State of Georgia, Right-ofWay of Proposed Kennesaw Mountain to Chattahoochee River Trail, Project No. CSSTP-0006-00(873), P.I. No. 0006873, Federal Route No.: N/A; State Route No. 5, THURSDAY, FEBRUARY 21, 2013 365 120, and 200, Completed March 11, 2011; 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 43. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating the pedestrian trail known as the Kennesaw Mountain to Chattahoochee River Trail, in Cobb County. SECTION 44. That the City of Marietta 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 pedestrian trail. SECTION 45. That, after City of Marietta completes the pedestrian trail 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, City of Marietta, 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 pedestrian trail shall become the property of the State of Georgia, or its successors and assigns. SECTION 46. That no title shall be conveyed to the City of Marietta and, except as herein specifically granted to City of Marietta, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Marietta. SECTION 47. 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 48. 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 366 JOURNAL OF THE SENATE easement area, the easement may either be terminated or the easement area may be relocated to an alternate site at the Grantee's expense. If it is determined that the easement area should be relocated to an alternate site, a substantially equivalent nonexclusive easement to an alternate site may be granted 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. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 49. That the easement granted to City of Marietta 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 50. That the consideration to the State for such easement shall be $136,320 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 51. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 52. That the authorization in this resolution to grant the above-described easement to the City of Marietta shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 53. 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 54. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 6 and 26 of the 10th Land District of Crisp 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. THURSDAY, FEBRUARY 21, 2013 367 SECTION 55. That the State of Georgia, acting by and through its State Properties Commission, may grant to Citizens Telephone Company, Inc., or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground fiber optic line and necessary equipment to provide internet service. Said easement area is located at Lake Blackshear Resort, Georgia Veterans State Park in Crisp County, Georgia and is more particularly described as follows: That approximately 4,350 foot by 10 foot area (approximately 1 acre) and that portion only as shown highlighted in yellow on a drawing titled "CITIZENS TEL. CO.; LESLIE GA.; PERMIT DRAWING NO. 1" prepared by Citizens Telephone Company, Inc., dated August 7, 2012, 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 56. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an underground fiber optic line and necessary equipment. SECTION 57. That Citizens Telephone Company, Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said underground fiber optic line and necessary equipment. SECTION 58. That, after Citizens Telephone Company, Inc. has put into use the fiber optic line and necessary equipment 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 Citizens Telephone Company, 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 fiber optic line and equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 59. That no title shall be conveyed to Citizens Telephone Company, Inc. and, except as herein specifically granted to Citizens Telephone Company, 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 Citizens Telephone Company, Inc. 368 JOURNAL OF THE SENATE SECTION 60. 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 61. That the easement granted to Citizens Telephone Company, 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 62. 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 63. That, given the public purpose of the project, 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 64. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission. THURSDAY, FEBRUARY 21, 2013 369 SECTION 65. That the authorization in this resolution to grant the above-described easement to Citizens Telephone Company, Inc. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 66. 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 67. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 76 and 105, 11th. Land District, 4th. Section, Dade 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 68. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead power line to the campground sites and RV sewage collection station at Cloudland Canyon State Park, Dade 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 Dade County, Georgia, and is more particularly described as follows: That approximately 2.920 of an acre portion and that portion only as shown on a drawing prepared by Greg P. Eaker titled Cloudland Canyon State Park, 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 69. That the above-described premises shall be used solely for the purpose of constructing, operating, and maintaining an overhead power line at Cloudland Canyon State Park in Dade County. SECTION 70. 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 construction, operation, and maintenance of the overhead power line. 370 JOURNAL OF THE SENATE SECTION 71. That, after Georgia Power Company 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, 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 72. 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 73. 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 74. 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. THURSDAY, FEBRUARY 21, 2013 371 SECTION 75. 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 76. That the consideration for such easement shall be $10 since the easement solely benefits the Department of Natural Resources and the State of Georgia. SECTION 77. That this grant of easement shall be recorded by the grantee in the Superior Court of Dade County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 78. 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 79. 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 80. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 342 of the 5th Land District of Dawson 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 81. That the State of Georgia, acting by and through its State Properties Commission, may grant to Windstream Standard, L.L.C., or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground and above ground fiber optic line and necessary equipment to provide internet service. Said easement area is located at Amicalola Falls State Park in Dawson County, Georgia and is more particularly described as follows: That approximately 18,560 foot by 10 foot area (approximately 4.26 acres) and that 372 JOURNAL OF THE SENATE portion only as indicated on a drawing furnished by the Georgia Department of Natural Resources, 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 82. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an underground and above ground fiber optic line and necessary equipment to benefit the State of Georgia. SECTION 83. That Windstream Standard, L.L.C. 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 underground and above ground fiber optic line and necessary equipment. SECTION 84. That, after Windstream Standard, L.L.C. has put into use the fiber optic line and necessary equipment 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 Windstream Standard, L.L.C., 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 fiber optic line and equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 85. That no title shall be conveyed to Windstream Standard, L.L.C. and, except as herein specifically granted to Windstream Standard, L.L.C., 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 Windstream Standard, L.L.C. SECTION 86. 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 THURSDAY, FEBRUARY 21, 2013 373 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 87. That the easement granted to Windstream Standard, L.L.C. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 88. That 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 89. That the consideration for such easement shall be $10 and the provision of park construction and installation services at the park for the benefit of faster and more reliable internet service for the park 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 90. That this grant of easement shall be recorded by the grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 91. That the authorization in this resolution to grant the above-described easement to Windstream Standard, L.L.C. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 92. 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. 374 JOURNAL OF THE SENATE ARTICLE VIII SECTION 93. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 441 and 442 of the 4th Land District of Dawson 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 94. 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 installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service for a recent building expansion. Said easement area is located at the Lanier Technical College in Dawson County, Georgia and is more particularly described as follows: That approximately 20 foot by 87 foot area (approximately 0.04 of an acre) and that portion only as shown shaded in gray on an engineered drawing entitled "LANIER TECHNICAL COLLEGE; DAWSONVILLE CAMPUS; DISTRIBUTION LINE EASEMENT" made by Georgia Power Company and dated March 5, 2012, 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 95. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an electrical power line and necessary equipment. SECTION 96. 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 electric power line and necessary equipment. SECTION 97. That, after Georgia Power Company has put into use the power line and necessary equipment 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 and any equipment shall become the property of the State of Georgia, or its successors and assigns. THURSDAY, FEBRUARY 21, 2013 375 SECTION 98. 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 99. 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 100. 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 101. 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. 376 JOURNAL OF THE SENATE SECTION 102. That, given the public purpose of the project, 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 103. That this grant of easement shall be recorded by the grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 104. 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 105. 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 106. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 252 of the 15th Land District, in the City of Decatur, DeKalb County, Georgia, and that 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 107. 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, locating, maintaining, and operating power lines and related facilities. Said easement area is located at and needed for the renovation of the Decatur Armory, 3736 Durham Park Road, Decatur, DeKalb County, Georgia and is more particularly described as follows: That approximately 0.04 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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, FEBRUARY 21, 2013 377 SECTION 108. That the above described premises shall be used solely for the purpose of locating, maintenance, and operation of power lines and facilities to provide appropriate power to the Decatur Armory which is under construction. SECTION 109. 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 110. 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 111. 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 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 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. 378 JOURNAL OF THE SENATE SECTION 113. 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 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 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 115. That the consideration for such easement shall be $10 since this action will solely benefit the Department of Defense and the State of Georgia. SECTION 116. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb 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 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 118. 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 119. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 1113 and 1114 of the 1st Section of the 3rd Land District, in the City of Cumming, Forsyth County, Georgia, and that 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 THURSDAY, FEBRUARY 21, 2013 379 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 Power Company, or its successors and assigns, a nonexclusive easement area for the purpose of moving, locating, maintaining, and operating above and underground power lines, and such facilities as transformers and power boxes. Said easement area is located at the Cumming National Guard Regional Readiness Center at 1100 Pilgrim Mill Road, Cumming 30040, Forsyth County, Georgia and is more particularly described as follows: That approximately 0.13 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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. SECTION 121. That the above described premises shall be used solely for the purpose of locating, maintenance, and operation of power lines, poles and box to provide appropriate power to the Cumming National Guard Regional Readiness Center which is under construction. SECTION 122. That the Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper moving, relocating, operation and maintenance of said power line. SECTION 123. 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 124. 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. 380 JOURNAL OF THE SENATE 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 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 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 since this action will solely benefit the Department of Defense and the State of Georgia. SECTION 129. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission. THURSDAY, FEBRUARY 21, 2013 381 SECTION 130. 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. ARTICLE XI SECTION 131. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 152, 9th Land District, Hall County, Georgia, and 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 132. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, 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 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 is located at GDC's Gainesville Probation Office & Day Reporting Center in Hall County, Georgia, and is more particularly described as follows: That approximately 0.04 acres portion and that portion only as shown on a drawing prepared by Patton Land Surveying titled Survey for City of Gainesville Cargill Sanitary Sewer Improvements-Phase I 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 133. That the above described premises shall be used solely for the purpose of laying, constructing, operating and maintaining a sewer line on the Gainesville Probation Office & Day Reporting Center property in Hall County, Georgia. SECTION 134. That, after the City of Gainesville 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 City of Gainesville, 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. 382 JOURNAL OF THE SENATE SECTION 135. That no title shall be conveyed to the City of Gainesville and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville. 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. 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 the City of Gainesville 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 for public use and benefit and $10 and THURSDAY, FEBRUARY 21, 2013 383 any other consideration 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 the City of Gainesville 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. ARTICLE XII SECTION 143. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 136 of the 7th Land District of Henry 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 Snapping Shoals Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service for a new building. Said easement area is located at the Southern Crescent Technical College in Henry County, Georgia and is more particularly described as follows: That approximately 0.04 of an acre and that portion only as shown highlighted in red on a engineered drawing entitled "ELECTRICAL EASEMENTS EXHIBIT" made by Conceptual Design Engineering, Inc. and dated April 17, 2012, 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, operating and maintaining an electrical power line and necessary equipment. 384 JOURNAL OF THE SENATE SECTION 146. That Snapping Shoals Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said electric power line and necessary equipment. SECTION 147. That, after Snapping Shoals Electric Membership Corporation has put into use the power line and necessary equipment 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 Snapping Shoals Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the power line and any equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 148. That no title shall be conveyed to Snapping Shoals Electric Membership Corporation and, except as herein specifically granted to Snapping Shoals Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Snapping Shoals Electric Membership Corporation. 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 Snapping Shoals Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties THURSDAY, FEBRUARY 21, 2013 385 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, given the public purpose of the project, 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 153. That this grant of easement shall be recorded by the grantee in the Superior Court of Henry 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 Snapping Shoals Electric Membership Corporation 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 City of Dublin, Telfair City Subdivision Lots 22, 23, 24, 25, 26, and 27, Block I, Laurens County, Georgia, and that 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. 386 JOURNAL OF THE SENATE 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 purpose of moving, locating, maintaining, and operating underground power lines and facilities to provide power to the Upper Motor Pool. Said easement area is located at the Dublin Armory on Hamilton Street, Dublin, Laurens County, Georgia and is more particularly described as follows: That approximately 0.21 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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. SECTION 158. That the above described premises shall be used solely for the purpose of locating, maintaining, and operating power lines, poles and related facilities to provide appropriate power to the Dublin Armory Upper Motor Pool which is being renovated. SECTION 159. That the Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper moving, relocating, operation and maintenance of said power line. SECTION 160. 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 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 THURSDAY, FEBRUARY 21, 2013 387 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. 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 since this action will solely benefit the Department of Defense and the State of Georgia. SECTION 166. That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens 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. 388 JOURNAL OF THE SENATE ARTICLE XIV SECTION 168. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 161 of the 9th Land District of Macon County, Georgia, and that the property is in the custody of the Georgia Department of Education, 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 169. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground electrical power line and necessary equipment to relocate existing overhead power lines to a different underground location and the installation of new power lines to provide electric service for newly constructed cabins. Said easement area is located at Camp John Hope in Macon County, Georgia and is more particularly described as follows: That approximately 1.63 acres and that portion only as shown on a plat of survey entitled "SBE-023 NEW CABIN FOR CAMP JOHN HOPE FFA/FCCLA CENTER" made by LAI Engineering, and more specifically Clyde R. Eldredge, Georgia Registered Land Surveyor No. 2659, dated April 30, 2012, 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 170. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an electrical power line and necessary equipment. SECTION 171. That Flint Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said electric power line and necessary equipment. SECTION 172. That, after Flint Electric Membership Corporation has put into use the power line and necessary equipment 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 Flint Electric Membership Corporation, or its successors and assigns, shall have the THURSDAY, FEBRUARY 21, 2013 389 option of removing its facilities from the easement area or leaving the same in place, in which event the power line and any equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 173. That no title shall be conveyed to Flint Electric Membership Corporation and, except as herein specifically granted to Flint Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Flint Electric Membership Corporation. SECTION 174. 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 175. That the easement granted to Flint Electric Membership 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 176. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, 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. 390 JOURNAL OF THE SENATE SECTION 177. That, the consideration for such easement shall be $10 since this action will solely benefit the Department of Education and the State of Georgia. SECTION 178. That this grant of easement 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 179. That the authorization in this resolution to grant the above-described easement to Flint Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 180. 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 XV SECTION 181. That the State of Georgia is the owner of the hereinafter described real property in Paulding County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 182. That the State of Georgia, acting by and through its State Properties Commission, may grant to Mark B. Shipp and J. Cliff Shipp (hereinafter known as Grantee) or their successors and assigns, a nonexclusive easement area, for ingress and egress. Said easement area is located at the 4,513 acre Sheffield Wildlife Management Area in Paulding County, and is more particularly described as follows: That approximately 4.7 acre easement area being of a length of approximately 17,061 feet, of a width no greater than the actual distance between the ditches on either side of the subject property, and consisting of approximately 4.7 acres situate, lying and being in Land Lots 433 and 504 of the 3rd Section, 3rd Land District, and Land Lots, 465, 466, 467, 468, 469, 470, 472, 473, 536, 537, 542, 543, 544 and 611 of the 3rd Section, 18th Land District of Paulding County, Georgia and that portion only as shown highlighted in yellow on that plat of survey dated March 12, 2012 by Douglas R. Bentley, Georgia Registered Land Surveyor # 2535 and being Titled "Easement Exhibit For: Mark B. Shipp and J. Cliff Shipp", and being on file in the offices of the State Properties Commission THURSDAY, FEBRUARY 21, 2013 391 and may be more particularly described by a survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 183. That the above described premises shall be used solely for the purpose of ingress and egress to the Grantee's property in Land Lot 434, 3rd District, 3rd Section of Paulding County, which is surrounded by Sheffield Wildlife Management Area. SECTION 184. That the Grantee shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be approved by the Georgia Department of Natural Resources. SECTION 185. That no title shall be conveyed to Grantee and, except as herein specifically granted to Grantee, 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 Grantee. SECTION 186. That if the State of Georgia, acting by and through its State Properties Commission, determines that the easement area should be removed or relocated to an alternate site on State owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Grantee shall relocate to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested 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% the amount of a written estimate provided by Grantee. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation to an alternate site on State owned land so long as the relocation is paid by the party or parties requesting such relocation 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 quit claim deed the State's interest in the former easement area. SECTION 187. That the easement granted to Grantee 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. 392 JOURNAL OF THE SENATE SECTION 188. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 189. 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, including the encumbrance of Grantee's 45-acre property in Land Lot 434 with a Right of First Refusal in favor of the State for the State to acquire that property for appraised value according to an Agreement to be issued by the State Properties Commission, which Right to the State will perpetually run with that 45-acre property, and for the consideration of the issuance of a correction by the State to a quit claim deed that was authorized by 1998 Act 137 (HR 935). SECTION 190. That this grant of easement shall be recorded by the Grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 191. That the authorization in this resolution to grant the above described easement to Grantee shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 192. 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 193. That the State of Georgia is the owner of the hereinafter described real property lying and being in Georgia Militia District 89 of Richmond 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, FEBRUARY 21, 2013 393 SECTION 194. That the State of Georgia, acting by and through its State Properties Commission, may grant to Augusta, Georgia, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of a sanitary sewer line to install, maintain and operate a sewer line to a new building to be constructed for, and owned by the County Board of Education of Richmond County on an adjacent parcel not under State ownership. Said easement area is located at the main campus of Augusta Technical College in Richmond County, Georgia and is more particularly described as follows: That approximately 0.27 of an acre and that portion only as shown in gray shading on an easement plat entitled "Easement Plat FOR City of Augusta" made by Cranston Engineering Group, P.C. and more specifically by John Attaway, Georgia Registered Land Surveyor No. 2512 dated June 10, 2011, 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 195. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining a sanitary sewer line. SECTION 196. That Augusta, Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said sanitary sewer line. SECTION 197. That, after Augusta, Georgia has put into use the sanitary sewer 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, Augusta, Georgia, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the sanitary sewer line shall become the property of the State of Georgia, or its successors and assigns. SECTION 198. That no title shall be conveyed to Augusta, Georgia and, except as herein specifically granted to Augusta, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Augusta, Georgia. SECTION 199. 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 394 JOURNAL OF THE SENATE 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 200. That the easement granted to Augusta, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 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, given the public purpose of the project, 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 203. That this grant of easement 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 204. That the authorization in this resolution to grant the above-described easement to Augusta, Georgia shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. THURSDAY, FEBRUARY 21, 2013 395 SECTION 205. 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 206. That the State of Georgia is the owner of the hereinafter described real property lying and being in 119th GMD of Richmond County, Georgia, and 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 207. That the State of Georgia, acting by and through its State Properties Commission, may grant to Augusta, Georgia or its successors and assigns, a nonexclusive easement for the purpose of replacement of the existing water meter, and installation of a new backflow preventer in Augusta, 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 Augusta State Medical Prison, and is more particularly described as follows: That approximately 0.21 of an acre portion and that portion only as shown on a drawing prepared by WK Dickson titled Water Line Easement 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 208. That the above described premises shall be used solely for the purpose of replacement of the existing water meter, and installation of a new backflow preventer for Augusta State Medical Prison. SECTION 209. That, after Augusta, Georgia completes the replacement of the existing water meter, and installation of a new backflow preventer 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, Augusta, Georgia or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. 396 JOURNAL OF THE SENATE SECTION 210. That no title shall be conveyed to Augusta, Georgia and, except as herein specifically granted to Augusta, Georgia all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Augusta, Georgia. SECTION 211. 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 212. 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 213. That the easement granted to Augusta, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 214. 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. THURSDAY, FEBRUARY 21, 2013 397 SECTION 215. That this grant of easement 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 216. That the authorization in this resolution to grant the above-described easement to Augusta, Georgia shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 217. 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 218. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 1, 3rd Land District, White County, Georgia, and the property, known as Unicoi State Park and Lodge (Unicoi) and 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 219. That the State of Georgia, acting by and through its State Properties Commission, may grant Habersham Electric Membership Corporation (EMC), or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead fiber optic cable line to Unicoi's main office and lodge in White 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 White County, Georgia, and is more particularly described as follows: That approximately 0.12 of an acre portion and that portion only as shown in yellow on a drawing prepared by Utility Support Systems, Inc. titled State Park Permit, Unicoi State Park, 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 220. That the above-described premises shall be used solely for the purpose of constructing, operating, and maintaining an overhead fiber optic cable line to Unicoi State Park's main office and Lodge in White County. 398 JOURNAL OF THE SENATE SECTION 221. That Habersham 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 222. That, after Habersham EMC completes the fiber optic 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, Habersham 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. SECTION 223. That no title shall be conveyed to Habersham EMC and, except as herein specifically granted to Habersham 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 Habersham EMC. SECTION 224. 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 225. 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, FEBRUARY 21, 2013 399 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 226. That the easement granted to Habersham 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 227. 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 228. That this grant of easement 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 229. That the authorization in this resolution to grant the above-described easement to Habersham EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 230. 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 231. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. ARTICLE XX SECTION 232. 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. 400 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller E Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 50, nays 0. SR 113, having received the requisite constitutional majority, was adopted by substitute. 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 I hereby swear that I vote for SR 113. /s/ Sen. Bill Jackson 2/21/13 THURSDAY, FEBRUARY 21, 2013 401 Senator Unterman of the 45th was excused for business outside the Senate Chamber. SR 201. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION requesting that the Department of the Army (DA) carefully consider the socioeconomic impact the Programmatic Environmental Assessment (PEA) for Army 2020 Force Restructuring will have on Fort Benning, Georgia, and the surrounding region; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson E Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 50, nays 0. SR 201, having received the requisite constitutional majority, was adopted. Senator Chance of the 16th moved that the Senate adjourn until 9:00 a.m. Friday, February 22, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:54 a.m. 402 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 22, 2013 Twenty-second 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 126. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Rogers of the 29th, Tanner of the 9th 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 a definition; to prohibit any person from knowingly and willfully obstructing or hindering any park ranger in the lawful discharge of such park ranger's official duties; to prohibit any person from knowingly and willfully resisting, obstructing, or opposing any park ranger in the lawful discharge of such park ranger's official duties by offering or doing violence to the person of such park ranger; to provide for penalties; to repeal conflicting laws; and for other purposes. HB 232. By Representatives Battles of the 15th and Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions in the Regents Retirement Plan, so as to change the level of employee participation; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 22, 2013 403 HB 234. HB 241. HB 254. HB 255. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd: A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Gardner of the 57th, Bell of the 58th, Kaiser of the 59th, Waites of the 60th, Abrams of the 89th and others: A BILL to be entitled an Act to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), 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 provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Williamson of the 115th, Shaw of the 176th, Rice of the 95th, Harbin of the 122nd, Teasley of the 37th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 10th, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of 404 JOURNAL OF THE SENATE Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 264. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, 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 extensively revise such Act; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 265. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, 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 286. By Representative Harden of the 148th: A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name HawkinsvillePulaski County, Georgia; 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. FRIDAY, FEBRUARY 22, 2013 405 HB 340. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), so as to provide for four-year terms for the mayor and city council; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 342. By Representative Ramsey of the 72nd: A BILL to be entitled an Act to provide a new charter for the City of Senoia; 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 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 specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 353. By Representative Lumsden of the 12th: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; 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 191. By Senators Albers of the 56th, Stone of the 23rd, Hufstetler of the 52nd and Williams of the 19th: A BILL to be entitled an Act to amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, so as to provide a short title; to provide for definitions; to provide for certain insurance coverage of autism spectrum disorders; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. 406 JOURNAL OF THE SENATE SB 192. By Senators Albers of the 56th, Gooch of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, so as to change the definition of the term "firefighter"; to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 193. By Senators Cowsert of the 46th, McKoon of the 29th, Tippins of the 37th, Bethel of the 54th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 194. By Senators Mullis of the 53rd, Shafer of the 48th, Gooch of the 51st, Bethel of the 54th, Hufstetler of the 52nd and others: A BILL to be entitled an Act to amend Code Section 12-3-50 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Natural Resources relative to historic preservation and promotion, so as to include an exemption for restoration of certain barns used to promote Georgia tourist destinations; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 195. By Senators Hufstetler of the 52nd, Unterman of the 45th, Carter of the 1st and Orrock of the 36th: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable FRIDAY, FEBRUARY 22, 2013 407 epinephrine for schools; to authorize pharmacists to fill such prescriptions; 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 196. By Senators Ramsey, Sr. of the 43rd, Williams of the 19th, Loudermilk of the 14th, Henson of the 41st, Davenport of the 44th and others: A BILL to be entitled an Act to amend Code Sections 32-10-64 and 40-6-54 of the Official Code of Georgia Annotated, relating to the general toll powers, police powers, and rules and regulations of the State Road and Tollway Authority and the designation of travel lanes for exclusive use of certain vehicles by the Department of Transportation, penalties, presumption that an owner committed the violation, and establishment of high occupancy toll lanes, respectively, so as to authorize motorcycles to operate in toll lanes and on toll roads without the payment of a toll; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 197. By Senators Heath of the 31st, Loudermilk of the 14th, Cowsert of the 46th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that information relating to persons issued weapons carry licenses shall be confidential; to prohibit the creation or maintenance of any data bases regarding persons issued weapons carry licenses; to provide for verification of licenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 198. By Senators Heath of the 31st, Ligon, Jr. of the 3rd and Hill of the 6th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instrumentalities and practices, so as to provide that no public funds shall be expended by the state or any municipality, county, school district, or other political subdivision of the state for the purpose of a gun buy-back program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. 408 JOURNAL OF THE SENATE SB 199. By Senator Stone of the 23rd: 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. SB 200. By Senators McKoon of the 29th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to define parameters for the use of unmanned aircraft in surveillance activities by private persons and law enforcement officers; to amend Part 2 of Article 4 of Chapter 11 of Title 16, relating to the possession of dangerous weapons, so as to prohibit equipping an unmanned aircraft with weaponry; 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 define parameters for the use of unmanned aircraft in searches and seizures; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SR 293. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Ralph A. Pierce and dedicating a road in his memory; and for other purposes. Referred to the Transportation Committee. SR 331. By Senators Davis of the 22nd, Hill of the 6th and Williams of the 19th: A RESOLUTION urging federal, state, and local government agencies not to contract with persons or businesses that are engaged in investment activities in Iran; and for other purposes. Referred to the Rules Committee. FRIDAY, FEBRUARY 22, 2013 409 The following House legislation was read the first time and referred to committee: HB 126. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Rogers of the 29th, Tanner of the 9th 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 a definition; to prohibit any person from knowingly and willfully obstructing or hindering any park ranger in the lawful discharge of such park ranger's official duties; to prohibit any person from knowingly and willfully resisting, obstructing, or opposing any park ranger in the lawful discharge of such park ranger's official duties by offering or doing violence to the person of such park ranger; to provide for penalties; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 232. By Representatives Battles of the 15th and Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions in the Regents Retirement Plan, so as to change the level of employee participation; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 234. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd: A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 241. By Representatives Gardner of the 57th, Bell of the 58th, Kaiser of the 59th, Waites of the 60th, Abrams of the 89th and others: A BILL to be entitled an Act to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), so 410 JOURNAL OF THE SENATE 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 provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 254. By Representatives Williamson of the 115th, Shaw of the 176th, Rice of the 95th, Harbin of the 122nd, Teasley of the 37th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; 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 255. By Representatives Rogers of the 10th, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, 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 264. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, 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. FRIDAY, FEBRUARY 22, 2013 411 L. 1965, p. 2243), as amended, so as to extensively revise such Act; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 265. By Representatives Jacobs of the 80th, Lindsey of the 54th, Riley of the 50th, 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 286. By Representative Harden of the 148th: A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name HawkinsvillePulaski County, Georgia; 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 340. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), so as to provide for four-year terms for the mayor and city council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 412 JOURNAL OF THE SENATE HB 342. By Representative Ramsey of the 72nd: A BILL to be entitled an Act to provide a new charter for the City of Senoia; 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 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 specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 353. By Representative Lumsden of the 12th: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 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 68 SB 115 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Tippins of the 37th District, Chairman The following communication was received by the Secretary: FRIDAY, FEBRUARY 22, 2013 413 OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor February 21, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Barry Loudermilk to serve as Ex-Officio for the Senate Education and Youth Committee meeting on February 21, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President 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 99 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: 414 JOURNAL OF THE SENATE HB 154 Do Pass SB 140 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: SR 228 SR 245 Do Pass Do Pass Respectfully submitted, Senator Mullis of the 53rd 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 174 Do Pass HB 277 Do Pass HB 223 Do Pass HB 294 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following legislation was read the second time: HB 101 SB 105 SB 137 HR 4 SB 120 SB 142 SB 61 SB 125 SB 155 SB 82 SB 128 SB 94 SB 134 SB 103 SB 135 Senator Staton of the 18th asked unanimous consent that Senator Carter of the 1st be excused. The consent was granted, and Senator Carter 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 Jackson of the 2nd asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. FRIDAY, FEBRUARY 22, 2013 415 The following Senators were excused for business outside the Senate Chamber: Burke of the 11th Thompson of the 33rd Harbison of the 15th Tolleson of the 20th Jeffares of the 17th Unterman of the 45th The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Butler Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jones, B Jones, E Ligon Loudermilk McKoon Millar Mullis Ramsey Seay Shafer Sims Staton Stone Tippins Wilkinson Williams Not answering were Senators: Burke (Excused) Jeffares (Excused) Murphy (Excused) Thompson, C. (Excused) Unterman (Excused) Carter, B. (Excused) Lucas Orrock Thompson, S. (Excused) Harbison (Excused) Miller Tate Tolleson (Excused) 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 Jimmy Cason of Statesboro, Georgia, who offered scripture reading and prayer. Senator Davis of the 22nd recognized February 22, 2013, as Engineering Day at the state capitol, commended by SR 230, adopted previously. Gary S. May, Dean of the College of Engineering at Georgia Tech, addressed the Senate briefly. Senator Cowsert of the 46th recognized and commended LaNette Holloman for her outstanding accomplishments, commended by SR 319, adopted today. LaNette Holloman addressed the Senate briefly. 416 JOURNAL OF THE SENATE Senator Cowsert of the 46th recognized and commended Jean-Yves Vendeville for his outstanding accomplishments, commended by SR 320, adopted today. Jean-Yves Vendeville addressed the Senate briefly. Senator McKoon of the 29th recognized February 17-23, 2013, as Georgia Court Reporting and Captioning Week at the capitol, commended by SR 253, adopted previously. Carol Glazier addressed the Senate briefly. The following resolutions were read and adopted: SR 292. By Senator Ligon, Jr. of the 3rd: A RESOLUTION requesting the support of Spaceport Georgia and the City of St. Marys and various other agencies' due diligence to confirm Spaceport Georgia viability and to defer Site One relocation efforts; and for other purposes. SR 294. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Hasan Khosravi of Georgia Institute of Technology on Academic Recognition Day for 2013; and for other purposes. SR 295. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Heather Ness of Middle Georgia State College on Academic Recognition Day for 2013; and for other purposes. SR 296. By Senators Cowsert of the 46th, Jones of the 25th, Staton of the 18th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer A. Ragan of Bainbridge College on Academic Recognition Day for 2013; and for other purposes. SR 297. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Caleb Zuiderveen of Columbus State University on Academic Recognition Day for 2013; and for other purposes. FRIDAY, FEBRUARY 22, 2013 417 SR 298. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Carolyn Falk of Georgia Gwinnett College on Academic Recognition Day for 2013; and for other purposes. SR 299. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Christopher Floyd of Darton State College on Academic Recognition Day for 2013; and for other purposes. SR 300. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Alisha A. Contractor of the University of West Georgia on Academic Recognition Day for 2013; and for other purposes. SR 301. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Ariel B. Shead of Savannah State University on Academic Recognition Day for 2013; and for other purposes. SR 302. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Galen Lane Maret of Georgia Highlands College on Academic Recognition Day for 2013; and for other purposes. SR 303. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Andrew Nguyen Phan of Atlanta Metropolitan State College on Academic Recognition Day for 2013; and for other purposes. 418 JOURNAL OF THE SENATE SR 304. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Viniecia D. Colley of Albany State University on Academic Recognition Day for 2013; and for other purposes. SR 305. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Shelby Regan Lohr of Georgia State University on Academic Recognition Day for 2013; and for other purposes. SR 306. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Rebekah J. Lindborg of the College of Coastal Georgia on Academic Recognition Day for 2013; and for other purposes. SR 307. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Browning of Gordon State College on Academic Recognition Day for 2013; and for other purposes. SR 308. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Juan M. Rodriguez of Georgia Perimeter College on Academic Recognition Day for 2013; and for other purposes. SR 309. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Garrett Leighton Barker of Southern Polytechnic State University on Academic Recognition Day for 2013; and for other purposes. FRIDAY, FEBRUARY 22, 2013 419 SR 310. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Faith Marie Stokes of Dalton State College on Academic Recognition Day for 2013; and for other purposes. SR 311. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer Michelle Rosenbaum of Clayton State University on Academic Recognition Day for 2013; and for other purposes. SR 312. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer Rose Stakich of Valdosta State University on Academic Recognition Day for 2013; and for other purposes. SR 313. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION Commending University System of Georgia Outstanding Scholar Jessie Blowers of Kennesaw State University on Academic Recognition Day for 2013; and for other purposes. SR 314. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Mark Kain Weaver of Georgia Southern University on Academic Recognition Day for 2013; and for other purposes. SR 315. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Logan Richard Hanley of Georgia Southwestern State University on Academic Recognition Day for 2013; and for other purposes. 420 JOURNAL OF THE SENATE SR 316. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Leslie Albrycht of Georgia College & State University on Academic Recognition Day for 2013; and for other purposes. SR 317. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Kristy Ann Hardin of Georgia Regents University on Academic Recognition Day for 2013; and for other purposes. SR 318. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Kelsi S. Garnto of East Georgia State College on Academic Recognition Day for 2013; and for other purposes. SR 319. By Senators Cowsert of the 46th, Tippins of the 37th, Staton of the 18th and Carter of the 1st: A RESOLUTION recognizing and commending LaNette Holloman for her outstanding accomplishments; and for other purposes. SR 320. By Senators Cowsert of the 46th, Tippins of the 37th, Staton of the 18th and Carter of the 1st: A RESOLUTION recognizing and commending Jean-Yves Vendeville for his outstanding accomplishments; and for other purposes. SR 321. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Kelsey A. Kalyta of Armstrong Atlantic State University on Academic Recognition Day for 2013; and for other purposes. FRIDAY, FEBRUARY 22, 2013 421 SR 322. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Juliet Elizabeth Allan of the University of Georgia on Academic Recognition Day for 2013; and for other purposes. SR 323. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Rena E. Ingram of Fort Valley State University on Academic Recognition Day for 2013; and for other purposes. SR 324. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Matthew J. Martin of the University of North Georgia on Academic Recognition Day for 2013; and for other purposes. SR 325. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Rebeca Vindas-Carter of South Georgia State College on Academic Recognition Day for 2013; and for other purposes. SR 326. By Senators Cowsert of the 46th, Staton of the 18th, Jones of the 25th, Orrock of the 36th and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Sarah A. Rooks of Abraham Baldwin Agricultural College on Academic Recognition Day for 2013; and for other purposes. SR 327. By Senator Davis of the 22nd: A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing Monday, February 25, 2013, as the 12th annual Clergy Day at the capitol; and for other purposes. 422 JOURNAL OF THE SENATE SR 328. By Senator Lucas of the 26th: A RESOLUTION honoring the life and memory of Rita B. Maynard; and for other purposes. SR 329. By Senators Hill of the 32nd, Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Shafer of the 48th and others: A RESOLUTION recognizing and commending Chairman Sue P. Everhart for her outstanding achievements; and for other purposes. SR 330. By Senators Mullis of the 53rd, Miller of the 49th, Ginn of the 47th, Bethel of the 54th, Heath of the 31st and others: A RESOLUTION commending the Georgia Civil War Commission; and for other purposes. SR 332. By Senator Staton of the 18th: A RESOLUTION commending Rebecca "Becky" Lee for being named one of the Career Women's Network of Macon Women of Achievement for 2013; and for other purposes. SR 333. By Senator Staton of the 18th: A RESOLUTION commending Dianne Brannen for being named one of the Career Women's Network of Macon Women of Achievement for 2013; and for other purposes. SR 334. By Senator Harper of the 7th: A RESOLUTION commending the Governor's Honors Program and recognizing March 1, 2013, as GHP Legislative Appreciation Day at the capitol; and SR 335. By Senators Millar of the 40th, Bethel of the 54th, Unterman of the 45th and Henson of the 41st: A RESOLUTION recognizing February 26, 2013, as Children's Day at the capitol; and for other purposes. FRIDAY, FEBRUARY 22, 2013 423 SR 336. By Senator Orrock of the 36th: A RESOLUTION honoring the life and memory of Ms. Fay Bellamy Powell; and for other purposes. SR 337. By Senator Orrock of the 36th: A RESOLUTION honoring the life and memory of Sandra Heartfield; and for other purposes. SR 338. By Senator Wilkinson of the 50th: A RESOLUTION recognizing Tuesday, February 26, 2013, as Family and Consumer Sciences Day at the capitol; and for other purposes. SR 339. By Senator Hill of the 4th: A RESOLUTION congratulating Sara McCorkle; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Henson of the 41st Loudermilk of the 14th The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday February 22, 2013 Twenty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 174 Jackson of the 24th Wilkinson of the 50th CITY OF LAVONIA A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3655), so as to change and extend the corporate limits of such city; to repeal conflicting laws; and for other purposes. 424 JOURNAL OF THE SENATE HB 223 Wilkinson of the 50th BANKS COUNTY A BILL to be entitled an Act to create a board of elections and registration for Banks County and to provide for its powers and duties; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 277 Sims of the 12th RANDOLPH COUNTY A BILL to be entitled an Act to repeal an Act providing that all vehicles shall be registered and licensed to operate in Randolph County during the four-month nonstaggered registration, approved March 25, 1996 (Ga. L. 1996, p. 3624); 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 294 Chance of the 16th LAMAR COUNTY A BILL to be entitled an Act to provide a homestead exemption from Lamar County school district ad valorem taxes for educational purposes in the amount of $7,000.00 of the assessed value of the homestead after a specified five-year phase-in period for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 22, 2013 425 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 Beach Y Bethel E Burke Y Butler E Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon E Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone Y Tate E 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 45, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The President recognized former State Senator and Congressman Tom Price. Congressman Tom Price addressed the Senate briefly. 426 JOURNAL OF THE SENATE SENATE RULES CALENDAR FRIDAY, FEBRUARY 22, 2013 TWENTY-SECOND LEGISLATIVE DAY HB 105 Supplemental appropriations; State Fiscal Year July 1, 2012 - June 30, 2013 (Substitute)(APPROP-4th) Ralston-7th SB 83 Counties; support of paupers; provide for cremation as an alternative for deceased indigents (SLGO(G)-51st) SB 100 Career and Technical Education Advisory Commission; reestablish; membership (ED&Y-50th) SR 9 Economic Development, Dept. of; urged to promote and strengthen ties with African nations (Substitute)(ECD-35th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). Senate Sponsor: Senator Hill of the 4th. FRIDAY, FEBRUARY 22, 2013 427 SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 105 A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at page 1 of 175), so as to make, provide, and change certain 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 An Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at Page 1 of 175), is amended by striking everything following the Part I designation through Section 56 and by substituting in lieu thereof the following: "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 105 (FY 2013A) 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 $19,315,325,656 $19,315,325,656 $19,315,325,656 $16,734,493,346 $16,734,493,346 $16,734,493,346 $172,699,755 $172,699,755 $172,699,755 $983,293,108 $983,293,108 $983,293,108 $866,365,210 $866,365,210 $866,365,210 $153,352,778 $153,352,778 $153,352,778 $2,396,580 $2,396,580 $2,396,580 $167,756,401 $167,756,401 $167,756,401 428 JOURNAL OF THE SENATE Hospital Provider Fee TOTAL FEDERAL FUNDS ARRA-Education for Homeless Children & Youth ARRA-Immunization CFDA93.712 ARRA-School Improvement Grants CFDA84.388 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 $234,968,478 $234,968,478 $234,968,478 $11,733,069,081 $11,749,082,060 $11,750,766,897 $129,239 $129,239 $129,239 $780 $780 $780 $3,412,222 $3,412,222 $3,412,222 $93,676,129 $93,676,129 $93,676,129 $102,632,009 $102,632,009 $102,632,009 $14,163,709 $14,163,709 $14,163,709 $15,977,927 $15,977,927 $15,977,927 $1,143,641,430 $1,143,641,430 $1,143,641,430 $73,000,590 $73,000,590 $73,000,590 $51,766,614 $51,766,614 $51,766,614 $20,886,897 $20,886,897 $20,886,897 $5,917,122,071 $5,898,769,829 $5,900,474,211 $47,141,096 $47,141,096 $47,141,096 $2,257,620 $2,257,620 $2,257,620 $53,771,331 $53,771,331 $53,771,331 $35,981,142 $35,981,142 $35,981,142 $299,185,777 $333,550,998 $333,531,453 $331,594,669 $331,594,669 $331,594,669 $331,594,669 $331,594,669 $331,594,669 $15,383,070 $15,383,070 $15,383,070 $9,551,600 $9,551,600 $9,551,600 $5,522,819,886 $5,522,756,579 $5,549,672,300 $6,130,661 $6,130,661 $6,130,661 $6,130,661 $6,130,661 $6,130,661 $20,416,836 $20,416,836 $47,232,557 $20,416,836 $20,416,836 $47,232,557 $3,602,897 $3,602,897 $3,602,897 $3,602,897 $3,602,897 $3,602,897 $2,370,936,593 $2,370,936,593 $2,370,936,593 $214,057,828 $214,057,828 $214,057,828 $2,156,878,765 $2,156,878,765 $2,156,878,765 FRIDAY, FEBRUARY 22, 2013 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 Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Administrative Fees from the Self Insurance Trust Fund Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Health Insurance Payments 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 Merit System Assessments Optional Medicaid Services Payments Property Insurance Funds Rental Payments for GBA Facilities Retirement Payments Unemployment Compensation Funds Workers Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers 429 $239,644,939 $239,644,939 $1,672,491 $1,672,491 $2,867,010,724 $435,771 $2,865,183,083 $1,391,870 $13,404,745 $13,404,745 $3,661,720,434 $3,654,194,552 $15,695,323 $2,603,826 $1,300,805 $13,194,916 $3,090,119,428 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $9,806,920 $280,857,262 $15,691,195 $705,234 $49,269,674 $16,966,404 $89,100,000 $36,316 $36,316 $7,489,566 $239,644,939 $239,644,939 $1,672,491 $1,672,491 $2,866,947,417 $435,771 $2,865,119,776 $1,391,870 $13,404,745 $13,404,745 $3,661,720,434 $3,654,194,552 $15,695,323 $2,603,826 $1,300,805 $13,194,916 $3,090,119,428 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $9,806,920 $280,857,262 $15,691,195 $705,234 $49,269,674 $16,966,404 $89,100,000 $36,316 $36,316 $7,489,566 $239,644,939 $239,644,939 $1,672,491 $1,672,491 $2,867,047,417 $435,771 $2,865,219,776 $1,391,870 $13,404,745 $13,404,745 $3,661,720,434 $3,654,194,552 $15,695,323 $2,603,826 $1,300,805 $13,194,916 $3,090,119,428 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $9,806,920 $280,857,262 $15,691,195 $705,234 $49,269,674 $16,966,404 $89,100,000 $36,316 $36,316 $7,489,566 430 JOURNAL OF THE SENATE FF Child Support Enforcement Title IV-D CFDA93.563 FF Community Based Child Abuse Prevention CFDA93.590 FF Foster Care Title IV-E CFDA93.658 FF Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 State Children's Insurance Program CFDA93.767 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 $1,802,127 $1,802,127 $1,802,127 $41,000 $41,000 $41,000 $1,531,226 $1,531,226 $1,531,226 $48,098 $48,098 $48,098 $351,158 $351,158 $351,158 $3,454,147 $3,454,147 $3,454,147 $261,810 $261,810 $261,810 $36,571,214,623 $36,587,164,295 $36,615,764,853 ($26,343,887) ($192,302,739) $172,699,755 $13,643,774 ($38,074,581) $7,712,013 $10,311,440 ($333,549) $429,626,976 ($3,097,213) ($126,838) $408,363,005 $200,470 $25,802,352 $32,484,359 $44,297 $44,297 $1,028,165 $1,028,165 $330,000 $330,000 $31,081,897 $31,081,897 $77,795,044 ($26,343,887) ($192,302,739) $172,699,755 $13,643,774 ($38,074,581) $7,712,013 $10,311,440 ($333,549) $445,639,955 ($3,097,213) ($126,838) $390,010,763 $200,470 $60,167,573 $32,421,052 $44,297 $44,297 $1,028,165 $1,028,165 $330,000 $330,000 $31,018,590 $31,018,590 $77,795,044 ($26,343,887) ($192,302,739) $172,699,755 $13,643,774 ($38,074,581) $7,712,013 $10,311,440 ($333,549) $447,324,792 ($3,097,213) ($126,838) $391,715,145 $200,470 $60,148,028 $59,336,773 $26,860,018 $26,860,018 $1,028,165 $1,028,165 $330,000 $330,000 $31,118,590 $31,118,590 $77,795,044 FRIDAY, FEBRUARY 22, 2013 State Funds Transfers Agency to Agency Contracts Health Insurance Payments Property Insurance Funds Rental Payments for GBA Facilities Unemployment Compensation Funds 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 State General Funds TOTAL PUBLIC FUNDS 1.1 Reduce funds for operations. State General Funds 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds 431 $77,795,044 $5,062,567 $81,282,278 ($7,327,990) ($21,811) ($1,200,000) $513,562,492 $77,795,044 $5,062,567 $81,282,278 ($7,327,990) ($21,811) ($1,200,000) $529,512,164 $77,795,044 $5,062,567 $81,282,278 ($7,327,990) ($21,811) ($1,200,000) $558,112,722 Section Total - Continuation $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 Section Total - Final $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,193,044 $10,193,044 $10,193,044 Continuation Budget $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 ($27,843) Appropriation (HB 105) $1,212,241 $1,184,398 $1,212,241 $1,184,398 432 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 2.1 Reduce funds for operations. State General Funds 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 3.1 Reduce funds for operations. State General Funds 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,212,241 $1,212,241 $1,184,398 Continuation Budget $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 ($11,146) $1,114,623 $1,114,623 $1,114,623 Appropriation (HB 105) $1,114,623 $1,103,477 $1,114,623 $1,103,477 $1,114,623 $1,103,477 Continuation Budget $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 ($132,445) Appropriation (HB 105) $7,048,447 $6,916,002 $7,048,447 $6,916,002 $7,048,447 $6,916,002 FRIDAY, FEBRUARY 22, 2013 433 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 $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 4.1 Reduce funds for operations. State General Funds ($9,992) 4.100 -Senate Budget and Evaluation Office Appropriation (HB 105) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $999,159 $999,159 $989,167 State General Funds $999,159 $999,159 $989,167 TOTAL PUBLIC FUNDS $999,159 $999,159 $989,167 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,631,809 $18,631,809 $18,631,809 $18,241,875 $18,241,875 $18,241,875 $18,241,875 $18,241,875 $18,241,875 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 434 JOURNAL OF THE SENATE 5.1 Reduce funds for operations. State General Funds ($389,934) ($389,934) 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,631,809 $18,631,809 $18,631,809 Appropriation (HB 105) $18,241,875 $18,241,875 $18,241,875 $18,241,875 $18,241,875 $18,241,875 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,036,991 $10,036,991 $10,036,991 $9,786,474 $9,786,474 $9,786,474 $9,786,474 $9,786,474 $9,786,474 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 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 6.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 6.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 6.3 Reduce funds for operations. State General Funds $21,029 $21,029 ($2,900) ($2,900) ($216,355) ($216,355) FRIDAY, FEBRUARY 22, 2013 435 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,807,892 State General Funds $4,807,892 TOTAL PUBLIC FUNDS $4,807,892 Appropriation (HB 105) $4,609,666 $4,609,666 $4,609,666 $4,609,666 $4,609,666 $4,609,666 Legislative Fiscal Office Continuation Budget The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 7.1 Reduce funds for operations. State General Funds ($22,902) ($22,902) 7.100 -Legislative Fiscal Office Appropriation (HB 105) 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 $2,290,157 $2,267,255 $2,267,255 State General Funds $2,290,157 $2,267,255 $2,267,255 TOTAL PUBLIC FUNDS $2,290,157 $2,267,255 $2,267,255 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 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 8.1 Reduce funds for operations. State General Funds ($29,389) ($29,389) 436 JOURNAL OF THE SENATE 8.100 -Office of Legislative Counsel Appropriation (HB 105) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,938,942 $2,909,553 $2,909,553 State General Funds $2,938,942 $2,909,553 $2,909,553 TOTAL PUBLIC FUNDS $2,938,942 $2,909,553 $2,909,553 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 $30,450,223 $30,450,223 $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $338,710 $338,710 $338,710 $30,788,933 $30,788,933 $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $30,788,933 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $30,788,933 $29,646,142 $29,646,142 $338,710 $338,710 $338,710 $29,984,852 $29,646,142 $29,646,142 $338,710 $338,710 $338,710 $29,984,852 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. FRIDAY, FEBRUARY 22, 2013 437 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 9.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 9.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 9.3 Reduce funds for personnel. State General Funds 9.4 Reduce funds for operations. State General Funds $5,083 $5,083 ($378) ($378) ($600,779) ($600,779) ($202,588) ($202,588) 9.100 -Audit and Assurance Services Appropriation (HB 105) The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non- profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $26,482,810 $25,684,148 $25,684,148 State General Funds $26,482,810 $25,684,148 $25,684,148 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 $26,821,520 $26,022,858 $26,022,858 438 JOURNAL OF THE SENATE 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 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 10.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 10.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $228 ($17) $228 ($17) 10.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,639,202 State General Funds $1,639,202 TOTAL PUBLIC FUNDS $1,639,202 Appropriation (HB 105) $1,639,413 $1,639,413 $1,639,413 $1,639,413 $1,639,413 $1,639,413 Immigration Enforcement Review Board Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 11.100 -Immigration Enforcement Review Board Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 439 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 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 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 12.100 -Legislative Services Appropriation (HB 105) 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 $247,561 $247,561 $247,561 State General Funds $247,561 $247,561 $247,561 TOTAL PUBLIC FUNDS $247,561 $247,561 $247,561 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 13.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $400 $400 440 JOURNAL OF THE SENATE 13.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 13.3 Reduce funds for contracts. State General Funds ($30) ($6,000) ($30) ($6,000) 13.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 105) The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State funds for public school systems and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies. TOTAL STATE FUNDS $2,060,650 $2,055,020 $2,055,020 State General Funds $2,060,650 $2,055,020 $2,055,020 TOTAL PUBLIC FUNDS $2,060,650 $2,055,020 $2,055,020 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 $14,106,000 $14,106,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $14,256,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $14,379,875 $14,379,875 $150,000 $150,000 $150,000 $14,529,875 $14,118,377 $14,118,377 $150,000 $150,000 $150,000 $14,268,377 $14,118,377 $14,118,377 $150,000 $150,000 $150,000 $14,268,377 FRIDAY, FEBRUARY 22, 2013 441 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 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 14.1 Increase funds for personnel to restore furlough days. State General Funds $225,016 14.2 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds $10,459 14.3 Increase funds for information technology for the docket software maintenance fee. State General Funds $33,000 14.4 Increase funds for printing costs due to new Judgeships. State General Funds $5,400 14.5 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 14.6 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $0 $10,459 $0 $0 $2,785 ($867) $0 $10,459 $0 $0 $2,785 ($867) 14.100 -Court of Appeals Appropriation (HB 105) 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 $14,379,875 $14,118,377 $14,118,377 State General Funds $14,379,875 $14,118,377 $14,118,377 442 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $150,000 $150,000 $14,529,875 $150,000 $150,000 $150,000 $14,268,377 $150,000 $150,000 $150,000 $14,268,377 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $12,423,861 $12,423,861 $12,423,861 $12,423,861 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $16,121,794 $16,121,794 $12,423,861 $12,423,861 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $12,475,861 $12,475,861 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,173,794 $12,391,917 $12,391,917 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,089,850 $12,190,454 $12,190,454 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $15,888,387 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 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 State General Funds TOTAL PUBLIC FUNDS $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 FRIDAY, FEBRUARY 22, 2013 443 15.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($358) ($358) 15.100 -Accountability Courts Appropriation (HB 105) 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 $431,821 $431,463 $431,463 State General Funds $431,821 $431,463 $431,463 TOTAL PUBLIC FUNDS $431,821 $431,463 $431,463 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 16.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($717) $0 16.100 -Georgia Office of Dispute Resolution Appropriation (HB 105) 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. 444 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 $172,890 $172,890 $172,890 $172,890 ($717) ($717) $172,890 $172,890 $172,890 $172,173 $0 $0 $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 17.100 -Institute of Continuing Judicial Education Appropriation (HB 105) 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 support accountability courts and the Judicial Council Accountability Court Committee; to provide administrative support for the councils of the Magistrate Court Judges, FRIDAY, FEBRUARY 22, 2013 445 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,218,036 $10,218,036 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 $10,218,036 $10,218,036 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 $10,218,036 $10,218,036 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 18.1 Increase funds to support the statewide e-filing initiative. State General Funds 18.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 18.3 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 18.4 Reduce funds. State General Funds $52,000 $0 $0 ($28,309) ($28,309) ($768) ($768) ($102,180) 18.100 -Judicial Council Appropriation (HB 105) 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 STATE FUNDS $10,270,036 $10,188,959 $10,086,779 State General Funds $10,270,036 $10,188,959 $10,086,779 446 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,552,935 $268,905 $268,905 $268,905 $13,091,876 $2,552,935 $268,905 $268,905 $268,905 $13,010,799 $2,552,935 $268,905 $268,905 $268,905 $12,908,619 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 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 19.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,792) ($1,792) 19.2 Reduce funds for an investigative staff attorney position that was funded in HB742 (2012 Session) and has not been hired. State General Funds ($100,000) 19.100 -Judicial Qualifications Commission Appropriation (HB 105) 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 $512,215 $512,215 $512,215 $510,423 $510,423 $510,423 $410,423 $410,423 $410,423 FRIDAY, FEBRUARY 22, 2013 447 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 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 20.100 -Resource Center Appropriation (HB 105) 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 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS Section Total - Continuation $6,774,461 $6,774,461 $6,774,461 $6,774,461 $447,456 $447,456 $7,221,917 $7,221,917 Section Total - Final $6,774,461 $6,772,863 $6,774,461 $6,772,863 $447,456 $447,456 $7,221,917 $7,220,319 $6,774,461 $6,774,461 $447,456 $7,221,917 $6,758,162 $6,758,162 $447,456 $7,205,618 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 $1,470,066 $1,470,066 $1,470,066 $1,470,066 $1,470,066 $1,470,066 448 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $447,456 $1,917,522 $447,456 $1,917,522 $447,456 $1,917,522 21.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 21.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 21.3 Reduce funds. State General Funds $237 ($1,835) $237 ($1,835) ($14,701) 21.100 -Council of Juvenile Court Judges Appropriation (HB 105) 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 $1,470,066 $1,468,468 $1,453,767 State General Funds $1,470,066 $1,468,468 $1,453,767 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,917,522 $1,915,924 $1,901,223 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 22.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 105) 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 FRIDAY, FEBRUARY 22, 2013 449 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 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 $60,074,711 $60,074,711 $60,074,711 $60,074,711 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $61,876,838 $61,876,838 Section Total - Final $60,768,789 $60,768,789 $1,802,127 $1,802,127 $1,802,127 $62,570,916 $60,554,427 $60,554,427 $1,802,127 $1,802,127 $1,802,127 $62,356,554 $60,074,711 $60,074,711 $1,802,127 $1,802,127 $1,802,127 $61,876,838 $60,228,586 $60,228,586 $1,802,127 $1,802,127 $1,802,127 $62,030,713 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 23.1 Reduce funds. State General Funds ($1,875) 23.100 -Council of Superior Court Clerks (PAC) Appropriation (HB 105) 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 $185,580 State General Funds $187,455 $187,455 $185,580 TOTAL PUBLIC FUNDS $187,455 $187,455 $185,580 450 JOURNAL OF THE SENATE 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 $52,881,965 $52,881,965 $1,802,127 $1,802,127 $1,802,127 $54,684,092 $52,881,965 $52,881,965 $1,802,127 $1,802,127 $1,802,127 $54,684,092 $52,881,965 $52,881,965 $1,802,127 $1,802,127 $1,802,127 $54,684,092 24.1 Increase funds for personnel for annual leave and Employees' Retirement System payments for district attorneys leaving office due to retirements and elections. State General Funds $479,913 $479,913 $0 24.2 Increase funds for district attorney court travel. State General Funds $155,947 $0 $155,947 24.3 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to align retirement premium expenditures. State General Funds $1,125,097 $1,125,097 $1,125,097 24.100 -District Attorneys Appropriation (HB 105) 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 $54,642,922 $54,486,975 $54,163,009 State General Funds $54,642,922 $54,486,975 $54,163,009 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 $56,445,049 $56,289,102 $55,965,136 FRIDAY, FEBRUARY 22, 2013 451 Prosecuting Attorneys' 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 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 25.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan. State General Funds $58,218 $0 $0 25.2 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to realign retirement premium expenditures. State General Funds ($1,125,097) ($1,125,097) ($1,125,097) 25.3 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($197) ($197) 25.100 -Prosecuting Attorneys' Council Appropriation (HB 105) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,938,412 $5,879,997 $5,879,997 State General Funds $5,938,412 $5,879,997 $5,879,997 TOTAL PUBLIC FUNDS $5,938,412 $5,879,997 $5,879,997 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $60,611,005 $60,611,005 $60,611,005 $61,106,823 $61,106,823 $61,106,823 $60,593,909 $60,593,909 $60,593,909 452 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 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 26.1 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds 26.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 26.3 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 26.4 Reduce funds. State General Funds $1,405 $1,405 $416 ($40) $1,405 $416 ($40) ($12,914) 26.100 -Council of Superior Court Judges Appropriation (HB 105) 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 $1,292,782 $1,293,158 $1,280,244 State General Funds $1,292,782 $1,293,158 $1,280,244 TOTAL PUBLIC FUNDS $1,292,782 $1,293,158 $1,280,244 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. FRIDAY, FEBRUARY 22, 2013 453 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 27.1 Increase funds for personnel to restore three furlough days. State General Funds 27.2 Increase funds for operations. State General Funds $18,051 $0 $0 $67,500 $0 $0 27.100 -Judicial Administrative Districts Appropriation (HB 105) 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 $2,422,444 $2,336,893 $2,336,893 State General Funds $2,422,444 $2,336,893 $2,336,893 TOTAL PUBLIC FUNDS $2,422,444 $2,336,893 $2,336,893 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 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 28.1 Increase funds for personnel to restore three furlough days. State General Funds $168,558 $0 $0 28.2 Reduce funds for senior judges and consolidate remaining funds for accountability courts' senior judges and general usage senior judges into one funding category. State General Funds ($749,551) $0 ($500,000) 454 JOURNAL OF THE SENATE 28.100 -Superior Court Judges Appropriation (HB 105) 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 $56,895,779 $57,476,772 $56,976,772 State General Funds $56,895,779 $57,476,772 $56,976,772 TOTAL PUBLIC FUNDS $56,895,779 $57,476,772 $56,976,772 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 $9,093,297 $9,093,297 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $9,100,837 $9,100,837 $1,859,823 $1,859,823 $1,859,823 $10,960,660 $9,068,224 $9,068,224 $1,859,823 $1,859,823 $1,859,823 $10,928,047 $9,068,224 $9,068,224 $1,859,823 $1,859,823 $1,859,823 $10,928,047 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. FRIDAY, FEBRUARY 22, 2013 455 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 29.1 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds 29.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds $7,540 $7,540 ($32,613) $7,540 ($32,613) 29.100 -Supreme Court of Georgia Appropriation (HB 105) 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 $9,100,837 $9,068,224 $9,068,224 State General Funds $9,100,837 $9,068,224 $9,068,224 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 $10,960,660 $10,928,047 $10,928,047 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Section Total - Continuation $3,781,064 $3,781,064 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $3,781,064 $3,781,064 $15,695,323 $15,695,323 456 JOURNAL OF THE SENATE Accounting System Assessments TOTAL PUBLIC FUNDS $15,695,323 $19,476,387 $15,695,323 $19,476,387 $15,695,323 $19,476,387 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Final $3,630,804 $3,630,804 $15,695,323 $15,695,323 $15,695,323 $19,326,127 $3,720,804 $3,720,804 $15,695,323 $15,695,323 $15,695,323 $19,416,127 $3,720,804 $3,720,804 $15,695,323 $15,695,323 $15,695,323 $19,416,127 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 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 30.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($36,715) 30.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($113) 30.3 Eliminate funds for the training contract with the Carl Vinson Institute of Government. State General Funds ($90,000) 30.4 Reduce funds for personnel. State General Funds ($23,432) ($36,715) ($113) $0 ($23,432) ($36,715) ($113) $0 ($23,432) FRIDAY, FEBRUARY 22, 2013 457 30.100 -State Accounting Office Appropriation (HB 105) 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 $3,630,804 $3,720,804 $3,720,804 State General Funds $3,630,804 $3,720,804 $3,720,804 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $15,695,323 $15,695,323 $15,695,323 State Funds Transfers $15,695,323 $15,695,323 $15,695,323 Accounting System Assessments $15,695,323 $15,695,323 $15,695,323 TOTAL PUBLIC FUNDS $19,326,127 $19,416,127 $19,416,127 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 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 Fees from the Self Insurance Trust Fund Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Section Total - Continuation $4,848,272 $4,848,272 $4,848,272 $4,848,272 $19,366,471 $19,366,471 $792,810 $792,810 $792,810 $792,810 $3,262,897 $3,262,897 $3,262,897 $3,262,897 $36,619 $36,619 $36,619 $36,619 $14,199,536 $14,199,536 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $173,934,762 $173,934,762 $2,603,826 $2,603,826 $1,300,805 $1,300,805 $350,000 $350,000 $716,378 $716,378 $4,848,272 $4,848,272 $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $2,603,826 $1,300,805 $350,000 $716,378 458 JOURNAL OF THE SENATE Liability Funds Loss Control Funds Merit System Assessments Property Insurance Funds 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 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 Fees from the Self Insurance Trust Fund Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds Loss Control Funds Merit System Assessments Property Insurance Funds Unemployment Compensation Funds $28,427,991 $443,253 $9,806,920 $23,019,185 $18,166,404 $89,100,000 $198,149,505 $28,427,991 $443,253 $9,806,920 $23,019,185 $18,166,404 $89,100,000 $198,149,505 $28,427,991 $443,253 $9,806,920 $23,019,185 $18,166,404 $89,100,000 $198,149,505 Section Total - Final $4,801,366 $4,801,366 $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $165,406,772 $165,406,772 $2,603,826 $1,300,805 $350,000 $716,378 $28,427,991 $443,253 $9,806,920 $15,691,195 $16,966,404 $4,738,366 $4,738,366 $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $165,406,772 $165,406,772 $2,603,826 $1,300,805 $350,000 $716,378 $28,427,991 $443,253 $9,806,920 $15,691,195 $16,966,404 $3,852,574 $3,852,574 $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $165,406,772 $165,406,772 $2,603,826 $1,300,805 $350,000 $716,378 $28,427,991 $443,253 $9,806,920 $15,691,195 $16,966,404 FRIDAY, FEBRUARY 22, 2013 459 Workers Compensation Funds TOTAL PUBLIC FUNDS $89,100,000 $89,100,000 $89,100,000 $189,574,609 $189,511,609 $188,625,817 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolution. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 31.1 Reduce funds for failed HR1160 (2012 Session). State General Funds ($329,855) ($329,855) ($329,855) 31.100 -Compensation Per General Assembly Resolutions Appropriation (HB 105) 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 $7,500 $7,500 $7,500 State General Funds $7,500 $7,500 $7,500 TOTAL PUBLIC FUNDS $7,500 $7,500 $7,500 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 460 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Fees from the Self Insurance Trust Fund Agency to Agency Contracts Merit System Assessments TOTAL PUBLIC FUNDS $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 32.1 Utilize existing funds for Team Georgia personnel and operations and remit payment to the State Treasury. (Total Funds: $350,000)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 32.100 -Departmental Administration Appropriation (HB 105) The purpose of this appropriation is to provide administrative support to all department programs. 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 Administrative Fees from the Self Insurance Trust Fund Agency to Agency Contracts Merit System Assessments TOTAL PUBLIC FUNDS $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 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. FRIDAY, FEBRUARY 22, 2013 461 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 33.100 -Fleet Management Appropriation (HB 105) 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 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485 462 JOURNAL OF THE SENATE 34.100 -Human Resources Administration Appropriation (HB 105) 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 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 Administrative Fees from the Self Insurance Trust Fund Indemnification Funds Liability Funds Loss Control Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $0 $0 $161,735,205 $161,735,205 $1,861,994 $716,378 $28,427,991 $443,253 $23,019,185 $18,166,404 $89,100,000 $161,735,205 $0 $0 $161,735,205 $161,735,205 $1,861,994 $716,378 $28,427,991 $443,253 $23,019,185 $18,166,404 $89,100,000 $161,735,205 $0 $0 $161,735,205 $161,735,205 $1,861,994 $716,378 $28,427,991 $443,253 $23,019,185 $18,166,404 $89,100,000 $161,735,205 35.1 Increase funds for the Peace Officer's Indemnification Trust Fund. State General Funds $500,000 $500,000 $500,000 35.2 Reduce funds for unemployment billings to reflect the actual amount billed to the Department of Behavioral Health and Developmental Disabilities. FRIDAY, FEBRUARY 22, 2013 463 Unemployment Compensation Funds 35.3 Reduce funds to reflect billings for property insurance premiums. Property Insurance Funds ($1,200,000) ($1,200,000) ($1,200,000) ($7,327,990) ($7,327,990) ($7,327,990) 35.100 -Risk Management Appropriation (HB 105) 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 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $153,207,215 $153,207,215 $153,207,215 State Funds Transfers $153,207,215 $153,207,215 $153,207,215 Administrative Fees from the Self Insurance Trust Fund $1,861,994 $1,861,994 $1,861,994 Indemnification Funds $716,378 $716,378 $716,378 Liability Funds $28,427,991 $28,427,991 $28,427,991 Loss Control Funds $443,253 $443,253 $443,253 Property Insurance Funds $15,691,195 $15,691,195 $15,691,195 Unemployment Compensation Funds $16,966,404 $16,966,404 $16,966,404 Workers Compensation Funds $89,100,000 $89,100,000 $89,100,000 TOTAL PUBLIC FUNDS $153,707,215 $153,707,215 $153,707,215 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 $0 $0 $0 $0 $0 $0 464 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 36.1 Increase funds for payment to the State Treasury by $500,000 from $1,200,000 to $1,700,000. (Total Funds: $1,700,000)(G:YES)(H:Follow Governor's Recommendation for Revenue estimate)(S:YES) State General Funds $0 $0 $0 36.2 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 36.100 -State Purchasing Appropriation (HB 105) 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 $0 $0 $1,198,594 $0 $0 $1,198,594 $0 $0 $1,198,594 FRIDAY, FEBRUARY 22, 2013 465 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $620,717 $620,717 $577,877 $577,877 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 37.100 -Surplus Property Appropriation (HB 105) 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 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 38.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 38.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 38.3 Reduce funds for contracts. (S:Reduce funds based on projected expenditures) State General Funds $8,956 ($396) ($46,208) $8,956 $8,956 ($396) ($396) ($46,208) ($975,000) 466 JOURNAL OF THE SENATE 38.100 -Payments to Georgia Aviation Authority Appropriation (HB 105) 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 $1,502,603 $1,502,603 $573,811 State General Funds $1,502,603 $1,502,603 $573,811 TOTAL PUBLIC FUNDS $1,502,603 $1,502,603 $573,811 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 39.1 Increase funds for payment to the State Treasury by $6,000,000 from $4,315,917 to $10,315,917. (Total Funds: $10,315,917)(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 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 40.1 Reduce funds for operations. State General Funds ($1,222) ($1,222) ($1,222) 40.100 -Certificate of Need Appeal Panel Appropriation (HB 105) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. FRIDAY, FEBRUARY 22, 2013 467 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 $39,506 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, 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 TOTAL PUBLIC FUNDS $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 41.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($71) 41.2 Reduce funds for a vacant judge position and replace with a temporary position. State General Funds ($78,110) 41.3 Reduce funds for the Tax Court based on projected expenditures. State General Funds ($100,000) ($71) ($78,110) ($163,000) ($71) ($78,110) ($120,000) 41.100 -Administrative Hearings, Office of State Appropriation (HB 105) 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 $2,751,757 $2,688,757 $2,731,757 State General Funds $2,751,757 $2,688,757 $2,731,757 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,300,805 $1,300,805 $1,300,805 State Funds Transfers $1,300,805 $1,300,805 $1,300,805 468 JOURNAL OF THE SENATE Administrative Hearing Payments per OCGA50-13-44 TOTAL PUBLIC FUNDS $1,300,805 $4,052,562 $1,300,805 $3,989,562 $1,300,805 $4,032,562 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 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 42.100 -State Treasurer, Office of the Appropriation (HB 105) 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 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 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. FRIDAY, FEBRUARY 22, 2013 469 Section 13: Agriculture, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $40,734,043 $40,734,043 $40,734,043 $40,734,043 $7,163,980 $7,163,980 $2,607,299 $2,607,299 $175,000 $175,000 $175,000 $175,000 $2,432,299 $2,432,299 $2,432,299 $2,432,299 $846,739 $846,739 $846,739 $846,739 $225,000 $225,000 $51,352,061 $51,352,061 $40,734,043 $40,734,043 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $51,352,061 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $39,590,313 $39,590,313 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $50,208,331 $39,548,784 $39,548,784 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $50,166,802 $39,448,784 $39,448,784 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $225,000 $50,066,802 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. 470 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 43.1 Increase funds for the Board of Regents contract to reflect an adjustment in the employer share of health insurance premiums. State General Funds $9,508 $9,508 $9,508 43.2 Increase funds for the Board of Regents contract to reflect an adjustment in the employer share of Teacher Retirement System from 10.28% to 11.41%. State General Funds $10,730 $10,730 $10,730 43.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 105) 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 $2,830,387 $2,830,387 $2,830,387 State General Funds $2,830,387 $2,830,387 $2,830,387 TOTAL PUBLIC FUNDS $2,830,387 $2,830,387 $2,830,387 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; 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 State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS $24,325,136 $24,325,136 $7,128,980 $1,276,004 $24,325,136 $24,325,136 $7,128,980 $1,276,004 $24,325,136 $24,325,136 $7,128,980 $1,276,004 FRIDAY, FEBRUARY 22, 2013 471 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 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 44.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($104,729) ($104,729) ($104,729) 44.2 Reduce funds for operations. State General Funds ($65,194) ($65,194) ($65,194) 44.3 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds ($140,239) ($140,239) ($140,239) 44.4 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($355,765) ($355,765) ($355,765) 44.5 Reduce funds for motor vehicle purchases. State General Funds ($121,000) ($121,000) ($121,000) 44.6 Reduce funds for safety inspections in the Consumer Protection program and transfer savings to the Marketing and Promotion program for farmers' markets safety compliance expenditures. State General Funds ($472,013) ($472,013) ($472,013) 44.100 -Consumer Protection Appropriation (HB 105) 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 472 JOURNAL OF THE SENATE 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 $23,066,196 $23,066,196 $23,066,196 State General Funds $23,066,196 $23,066,196 $23,066,196 TOTAL FEDERAL FUNDS $7,128,980 $7,128,980 $7,128,980 TOTAL AGENCY FUNDS $1,276,004 $1,276,004 $1,276,004 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 $1,101,004 $1,101,004 $1,101,004 Sales and Services Not Itemized $1,101,004 $1,101,004 $1,101,004 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 $31,696,180 $31,696,180 $31,696,180 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 45.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($27,863) 45.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($33,693) 45.3 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($142,020) ($27,863) ($33,693) ($142,020) ($27,863) ($33,693) ($142,020) FRIDAY, FEBRUARY 22, 2013 473 45.100 -Departmental Administration Appropriation (HB 105) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,355,416 $4,355,416 $4,355,416 State General Funds $4,355,416 $4,355,416 $4,355,416 TOTAL PUBLIC FUNDS $4,355,416 $4,355,416 $4,355,416 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $4,991,729 $4,991,729 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $6,979,763 $4,991,729 $4,991,729 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $6,979,763 $4,991,729 $4,991,729 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $6,979,763 46.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($43,043) ($43,043) 46.2 Increase funds for operations related to issuing Georgia Agricultural Tax Exemption (GATE) certificates. State General Funds $350,000 $350,000 46.3 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds ($36,046) ($36,046) 46.4 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($139,324) ($139,324) 46.5 Eliminate funds for contracts for the Brussels office. ($43,043) $250,000 ($36,046) ($139,324) 474 JOURNAL OF THE SENATE State General Funds ($81,882) ($81,882) ($81,882) 46.6 Increase funds for farmers' markets safety compliance expenditures in the Marketing and Promotion program by transferring savings from the Consumer Protection program. State General Funds $472,013 $472,013 $472,013 46.7 Reduce funds for the H1B/H2A Guest Worker Program. State General Funds ($41,529) ($41,529) 46.100 -Marketing and Promotion Appropriation (HB 105) 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 $5,513,447 $5,471,918 $5,371,918 State General Funds $5,513,447 $5,471,918 $5,371,918 TOTAL FEDERAL FUNDS $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 $7,501,481 $7,459,952 $7,359,952 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 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 47.1 Reduce funds for operations. State General Funds ($82,899) ($82,899) ($82,899) FRIDAY, FEBRUARY 22, 2013 475 47.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 105) 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 $2,680,399 $2,680,399 $2,680,399 State General Funds $2,680,399 $2,680,399 $2,680,399 TOTAL PUBLIC FUNDS $2,680,399 $2,680,399 $2,680,399 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 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 48.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($1,729) ($1,729) 48.2 Reduce funds for operations. State General Funds ($38,542) ($38,542) 48.3 Reduce funds to reflect savings from energy efficient investments and horse stable enhancements. State General Funds ($100,000) ($100,000) ($1,729) ($38,542) ($100,000) 48.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 105) 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 $1,144,468 $1,144,468 $1,144,468 $1,144,468 $1,144,468 $1,144,468 $1,144,468 $1,144,468 $1,144,468 476 JOURNAL OF THE SENATE Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,995,899 $10,995,899 $10,995,899 $10,995,899 $10,995,899 $10,995,899 $10,995,899 $10,995,899 $10,995,899 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 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 49.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($166) ($166) ($166) 49.100 -Consumer Protection and Assistance Appropriation (HB 105) The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $218,040 $218,040 $218,040 State General Funds $218,040 $218,040 $218,040 TOTAL PUBLIC FUNDS $218,040 $218,040 $218,040 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 FRIDAY, FEBRUARY 22, 2013 477 50.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,513) ($1,513) ($1,513) 50.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($908) ($908) ($908) 50.3 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel. State General Funds ($25,000) ($25,000) ($25,000) 50.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,987,487 State General Funds $1,987,487 TOTAL PUBLIC FUNDS $1,987,487 Appropriation (HB 105) $1,987,487 $1,987,487 $1,987,487 $1,987,487 $1,987,487 $1,987,487 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 51.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 51.2 Reduce funds for operations. State General Funds 51.3 Reduce funds for travel. State General Funds $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 ($5,489) ($5,489) ($5,489) ($3,890) ($3,890) ($3,890) ($10,974) ($10,974) ($10,974) 478 JOURNAL OF THE SENATE 51.4 Reduce funds for personnel for one filled position and part-time labor, and hold two positions vacant. State General Funds ($276,823) ($276,823) ($276,823) 51.100 -Financial Institution Supervision Appropriation (HB 105) 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 $6,917,848 $6,917,848 $6,917,848 State General Funds $6,917,848 $6,917,848 $6,917,848 TOTAL PUBLIC FUNDS $6,917,848 $6,917,848 $6,917,848 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, 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 State General Funds TOTAL PUBLIC FUNDS $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 52.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,449) ($1,449) ($1,449) 52.2 Reduce funds for operations. State General Funds ($1,512) ($1,512) ($1,512) 52.3 Reduce funds for contracts by eliminating temporary clerical assistance. State General Funds ($20,000) ($20,000) ($20,000) 52.4 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel. State General Funds $25,000 $25,000 $25,000 FRIDAY, FEBRUARY 22, 2013 479 52.5 Reduce funds for personnel by eliminating part-time employees. State General Funds ($38,488) ($38,488) ($38,488) 52.100 -Non-Depository Financial Institution Supervision Appropriation (HB 105) 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 $1,872,524 $1,872,524 $1,872,524 State General Funds $1,872,524 $1,872,524 $1,872,524 TOTAL PUBLIC FUNDS $1,872,524 $1,872,524 $1,872,524 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $938,225,891 $938,225,891 State General Funds $927,970,753 $927,970,753 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $143,796,869 $143,796,869 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $24,477,192 $24,477,192 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $46,889,589 $46,889,589 FFIND Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 $11,568,720 TOTAL AGENCY FUNDS $45,392,197 $45,392,197 Intergovernmental Transfers $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 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 $44,267,137 $44,267,137 Sales and Services Not Itemized $44,267,137 $44,267,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 $5,004,491 State Funds Transfers $4,956,393 $4,956,393 $938,225,891 $927,970,753 $10,255,138 $143,796,869 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $45,392,197 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $44,267,137 $44,267,137 $5,004,491 $4,956,393 480 JOURNAL OF THE SENATE 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 $2,599,263 $2,357,130 $48,098 $48,098 $1,132,419,448 $2,599,263 $2,357,130 $48,098 $48,098 $1,132,419,448 $2,599,263 $2,357,130 $48,098 $48,098 $1,132,419,448 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS 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 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 Section Total - Final $908,661,420 $898,406,282 $10,255,138 $143,796,869 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $63,210,292 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $62,085,232 $62,085,232 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,120,673,072 $908,661,420 $898,406,282 $10,255,138 $143,796,869 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $63,210,292 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $62,085,232 $62,085,232 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,120,673,072 $908,423,920 $898,168,782 $10,255,138 $143,796,869 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $63,210,292 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $62,085,232 $62,085,232 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,120,435,572 FRIDAY, FEBRUARY 22, 2013 481 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 Social Services Block Grant CFDA93.667 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 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 53.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $28,681 $28,681 $28,681 53.2 Reduce funds to reflect a one-time credit from the Employees' Retirement System. State General Funds ($78,275) ($78,275) ($78,275) 53.3 Transfer funds from the Adult Addictive Diseases Services program to the Adult Forensic Services program to align the budget with program expenditures. State General Funds ($1,231,428) ($1,231,428) ($1,231,428) 482 JOURNAL OF THE SENATE 53.100 -Adult Addictive Diseases Services Appropriation (HB 105) 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 $43,795,124 $43,795,124 $43,795,124 State General Funds $43,795,124 $43,795,124 $43,795,124 TOTAL FEDERAL FUNDS $44,990,790 $44,990,790 $44,990,790 Medical Assistance Program CFDA93.778 $200,000 $200,000 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $30,722,070 $30,722,070 $30,722,070 FFIND Social Services Block Grant CFDA93.667 $2,500,000 $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 $89,221,117 $89,221,117 $89,221,117 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 FRIDAY, FEBRUARY 22, 2013 483 TOTAL PUBLIC FUNDS $333,643,509 $333,643,509 $333,643,509 54.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $443,177 $443,177 $443,177 54.2 Reduce funds to reflect a one-time credit from the Employees' Retirement System. State General Funds ($2,387,394) ($2,387,394) ($2,387,394) 54.3 Reduce funds to reflect the closing of the Adult Developmental Disabilities Unit at Central State Hospital. State General Funds ($6,500,000) ($6,500,000) ($6,500,000) 54.4 Replace funds with Medicaid Upper Payment Limit and Cost Settlement Funds for hospitals. State General Funds Sales and Services Not Itemized Total Public Funds: ($17,818,095) $17,818,095 $0 ($17,818,095) $17,818,095 $0 ($17,818,095) $17,818,095 $0 54.5 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 $2,297,999 $2,297,999 $2,297,999 54.100 -Adult Developmental Disabilities Services Appropriation (HB 105) 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 $250,787,412 $250,787,412 $250,787,412 State General Funds $240,532,274 $240,532,274 $240,532,274 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $37,922,210 $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 $26,144,171 $26,144,171 $26,144,171 TOTAL AGENCY FUNDS $38,787,669 $38,787,669 $38,787,669 Sales and Services $38,787,669 $38,787,669 $38,787,669 Sales and Services Not Itemized $38,787,669 $38,787,669 $38,787,669 TOTAL PUBLIC FUNDS $327,497,291 $327,497,291 $327,497,291 484 JOURNAL OF THE SENATE 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 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 55.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $12,460 $12,460 $12,460 55.2 Transfer funds from the Adult Addictive Diseases Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to the Adult Forensic Services program to align the budget with program expenditures. State General Funds $2,334,600 $2,334,600 $2,334,600 55.3 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program for CRIPA treatment mall activities. State General Funds $2,687,881 $2,687,881 $2,687,881 55.4 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 $4,853,320 $4,853,320 $4,853,320 55.5 Reduce funds for forensic evaluators to reflect actual start date. State General Funds ($237,500) 55.100 -Adult Forensic Services Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 485 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $78,276,915 $78,276,915 $26,500 $26,500 $26,500 $78,303,415 $78,276,915 $78,276,915 $26,500 $26,500 $26,500 $78,303,415 $78,039,415 $78,039,415 $26,500 $26,500 $26,500 $78,065,915 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 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 $279,744,235 $279,744,235 $16,747,136 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 $279,744,235 $279,744,235 $16,747,136 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 $279,744,235 $279,744,235 $16,747,136 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 56.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $94,040 $94,040 $94,040 56.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($30,765) ($30,765) ($30,765) 56.3 Reduce funds to reflect a one-time credit from the Employee's Retirement System. State General Funds ($1,448,091) ($1,448,091) ($1,448,091) 56.4 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program for CRIPA treatment mall activities. State General Funds $2,143,824 $2,143,824 $2,143,824 56.5 Transfer funds from the Adult Mental Health Services program to the Adult Forensic Services program to align the budget 486 JOURNAL OF THE SENATE with program expenditures. State General Funds ($1,103,172) ($1,103,172) ($1,103,172) 56.6 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 $2,072,629 $2,072,629 $2,072,629 56.100 -Adult Mental Health Services Appropriation (HB 105) 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 $281,472,700 $281,472,700 $281,472,700 State General Funds $281,472,700 $281,472,700 $281,472,700 TOTAL FEDERAL FUNDS $16,747,136 $16,747,136 $16,747,136 Community Mental Health Services Block Grant CFDA93.958 $6,726,178 $6,726,178 $6,726,178 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 $300,523,193 $300,523,193 $300,523,193 Adult Nursing Home Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 57.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,163 $5,163 $5,163 FRIDAY, FEBRUARY 22, 2013 487 57.2 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 $3,263,083 $3,263,083 $3,263,083 57.100 -Adult Nursing Home Services Appropriation (HB 105) 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 $8,151,875 $8,151,875 $8,151,875 State General Funds $8,151,875 $8,151,875 $8,151,875 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 $14,481,944 $14,481,944 $14,481,944 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 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 58.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,515 $4,515 $4,515 58.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 105) 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 $3,277,869 $3,277,869 $3,277,869 488 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $3,277,869 $6,154,800 $226,000 $5,928,800 $9,432,669 $3,277,869 $6,154,800 $226,000 $5,928,800 $9,432,669 $3,277,869 $6,154,800 $226,000 $5,928,800 $9,432,669 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 PUBLIC FUNDS $8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608 $8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608 $8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608 59.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $14,668 $14,668 $14,668 59.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 105) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. TOTAL STATE FUNDS $8,360,584 $8,360,584 $8,360,584 State General Funds $8,360,584 $8,360,584 $8,360,584 TOTAL FEDERAL FUNDS $3,148,692 $3,148,692 $3,148,692 Medical Assistance Program CFDA93.778 $3,148,692 $3,148,692 $3,148,692 TOTAL PUBLIC FUNDS $11,509,276 $11,509,276 $11,509,276 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 $3,301,930 $3,301,930 $3,301,930 FRIDAY, FEBRUARY 22, 2013 489 State General Funds TOTAL PUBLIC FUNDS $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 60.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $11,799 $11,799 $11,799 60.2 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center. State General Funds $1,800,000 $1,800,000 $1,800,000 60.100 -Child and Adolescent Forensic Services Appropriation (HB 105) 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 $5,113,729 $5,113,729 $5,113,729 State General Funds $5,113,729 $5,113,729 $5,113,729 TOTAL PUBLIC FUNDS $5,113,729 $5,113,729 $5,113,729 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 $75,502,819 $75,502,819 $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 $75,502,819 $75,502,819 $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 $75,502,819 $75,502,819 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 490 JOURNAL OF THE SENATE FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $48,098 $88,373,914 $48,098 $88,373,914 $48,098 $88,373,914 61.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $28,050 $28,050 $28,050 61.2 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center. State General Funds ($1,800,000) ($1,800,000) ($1,800,000) 61.100 -Child and Adolescent Mental Health Services Appropriation (HB 105) 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 $73,730,869 $73,730,869 $73,730,869 State General Funds $73,730,869 $73,730,869 $73,730,869 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 $86,601,964 $86,601,964 $86,601,964 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 $36,672,440 $36,672,440 $36,672,440 FRIDAY, FEBRUARY 22, 2013 491 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 62.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $307,396 $307,396 $307,396 62.100 -Departmental Administration-Behavioral Health Appropriation (HB 105) 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 $36,979,836 $36,979,836 $36,979,836 State General Funds $36,979,836 $36,979,836 $36,979,836 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 $22,133 $22,133 $22,133 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 $48,717,553 $48,717,553 $48,717,553 Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 492 JOURNAL OF THE SENATE 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 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $154,991,193 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $154,991,193 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $154,991,193 63.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,521,481 $1,521,481 $1,521,481 63.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($260,538) ($260,538) ($260,538) 63.3 Reduce funds for personnel. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 63.4 Reduce funds for contracts. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 63.5 Transfer funds from the Direct Care and Support Services program to the Adult Developmental Disabilities Services program ($2,297,999), Adult Forensic Services program ($4,853,320), Adult Mental Health Services program ($2,072,629), and the Adult Nursing Home Services program ($3,263,083) to align the budget with program expenditures. State General Funds ($12,487,031) ($12,487,031) ($12,487,031) 63.6 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program ($2,687,881) and the Adult Mental Health Services program ($2,143,824) for CRIPA treatment mall activities. State General Funds ($4,831,705) ($4,831,705) ($4,831,705) 63.100 -Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. TOTAL STATE FUNDS $117,793,329 State General Funds $117,793,329 TOTAL AGENCY FUNDS $15,220,361 Royalties and Rents $668,024 Appropriation (HB 105) $117,793,329 $117,793,329 $15,220,361 $668,024 $117,793,329 $117,793,329 $15,220,361 $668,024 FRIDAY, FEBRUARY 22, 2013 493 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 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $135,433,400 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $135,433,400 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $135,433,400 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $233,007 $233,007 $10,238,719 $10,238,719 $10,471,726 $233,007 $233,007 $10,238,719 $10,238,719 $10,471,726 $233,007 $233,007 $10,238,719 $10,238,719 $10,471,726 64.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $283 $283 $283 64.100 -Substance Abuse Prevention Appropriation (HB 105) 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 $233,290 $233,290 $233,290 State General Funds $233,290 $233,290 $233,290 TOTAL FEDERAL FUNDS $10,238,719 $10,238,719 $10,238,719 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $10,238,719 $10,238,719 $10,238,719 TOTAL PUBLIC FUNDS $10,472,009 $10,472,009 $10,472,009 Developmental Disabilities, Georgia Council on Continuation Budget The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. 494 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $44,635 $44,635 $2,677,624 $2,722,259 $44,635 $44,635 $2,677,624 $2,722,259 $44,635 $44,635 $2,677,624 $2,722,259 65.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 65.2 Reduce funds for operations. State General Funds $2,976 ($1,339) $2,976 ($1,339) $2,976 ($1,339) 65.100 -Developmental Disabilities, Georgia Council on Appropriation (HB 105) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $46,272 $46,272 $46,272 State General Funds $46,272 $46,272 $46,272 TOTAL FEDERAL FUNDS $2,677,624 $2,677,624 $2,677,624 TOTAL PUBLIC FUNDS $2,723,896 $2,723,896 $2,723,896 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 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 66.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 66.2 Reduce funds for operations. State General Funds $5,025 ($19,688) $5,025 ($19,688) $5,025 ($19,688) FRIDAY, FEBRUARY 22, 2013 495 66.100 -Sexual Offender Review Board Appropriation (HB 105) 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 $641,616 $641,616 $641,616 State General Funds $641,616 $641,616 $641,616 TOTAL PUBLIC FUNDS $641,616 $641,616 $641,616 Section 16: Community Affairs, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $138,921,611 $138,921,611 $138,921,611 $138,921,611 $172,892,464 $172,892,464 $13,100,483 $13,100,483 $344,319 $344,319 $344,319 $344,319 $11,163,006 $11,163,006 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $1,593,158 $1,593,158 $80,386 $80,386 $44,070 $44,070 $44,070 $44,070 $36,316 $36,316 $36,316 $36,316 $324,994,944 $324,994,944 $138,921,611 $138,921,611 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $324,994,944 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Section Total - Final $39,268,687 $39,268,687 $172,892,464 $13,100,483 $344,319 $344,319 $38,618,687 $38,618,687 $172,892,464 $13,398,978 $344,319 $344,319 $35,268,687 $35,268,687 $172,892,464 $13,398,978 $344,319 $344,319 496 JOURNAL OF THE SENATE 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 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $225,342,020 $11,163,006 $11,163,006 $1,891,653 $1,891,653 $80,386 $44,070 $44,070 $36,316 $36,316 $224,990,515 $11,163,006 $11,163,006 $1,891,653 $1,891,653 $80,386 $44,070 $44,070 $36,316 $36,316 $221,640,515 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 FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $229,373 $229,373 $75,116 $257,804 $257,804 $257,804 $562,293 $229,373 $229,373 $75,116 $257,804 $257,804 $257,804 $562,293 $229,373 $229,373 $75,116 $257,804 $257,804 $257,804 $562,293 67.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,234) ($3,234) ($3,234) 67.100 -Building Construction Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 497 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $226,139 $226,139 $75,116 $257,804 $257,804 $257,804 $559,059 $226,139 $226,139 $75,116 $257,804 $257,804 $257,804 $559,059 $226,139 $226,139 $75,116 $257,804 $257,804 $257,804 $559,059 Coordinated Planning Continuation Budget The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 68.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($12,935) ($12,935) 68.2 Reduce funds for the Keep Georgia Beautiful Foundation contract and replace with other funds. State General Funds ($61,114) ($61,114) 68.3 Reduce funds for personnel for four filled positions. State General Funds ($190,301) ($190,301) ($12,935) ($61,114) ($190,301) 68.100 -Coordinated Planning Appropriation (HB 105) The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 498 JOURNAL OF THE SENATE 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. TOTAL STATE FUNDS $3,759,144 $3,759,144 $3,759,144 State General Funds $3,759,144 $3,759,144 $3,759,144 TOTAL AGENCY FUNDS $126,906 $126,906 $126,906 Sales and Services $126,906 $126,906 $126,906 Sales and Services Not Itemized $126,906 $126,906 $126,906 TOTAL PUBLIC FUNDS $3,886,050 $3,886,050 $3,886,050 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 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 $1,094,847 $1,094,847 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,535,528 $1,094,847 $1,094,847 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,535,528 $1,094,847 $1,094,847 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,535,528 69.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 69.2 Reduce funds to reflect an adjustment in the property insurance premiums. ($13,744) ($13,744) ($13,744) FRIDAY, FEBRUARY 22, 2013 499 State General Funds ($277) ($277) ($277) 69.100 -Departmental Administration Appropriation (HB 105) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,080,826 $1,080,826 $1,080,826 State General Funds $1,080,826 $1,080,826 $1,080,826 TOTAL FEDERAL FUNDS $3,216,000 $3,216,000 $3,216,000 TOTAL AGENCY FUNDS $2,214,775 $2,214,775 $2,214,775 Reserved Fund Balances $44,319 $44,319 $44,319 Reserved Fund Balances Not Itemized $44,319 $44,319 $44,319 Intergovernmental Transfers $1,900,237 $1,900,237 $1,900,237 Intergovernmental Transfers Not Itemized $1,900,237 $1,900,237 $1,900,237 Sales and Services $270,219 $270,219 $270,219 Sales and Services Not Itemized $270,219 $270,219 $270,219 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,906 $9,906 $9,906 Agency Funds Transfers $9,906 $9,906 $9,906 Agency Fund Transfers Not Itemized $9,906 $9,906 $9,906 TOTAL PUBLIC FUNDS $6,521,507 $6,521,507 $6,521,507 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers $1,525,558 $1,525,558 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $1,525,558 $1,525,558 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $1,525,558 $1,525,558 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 500 JOURNAL OF THE SENATE Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $10,000 $54,103,801 $10,000 $54,103,801 $10,000 $54,103,801 70.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($18,593) ($18,593) ($18,593) 70.100 -Federal Community and Economic Development Programs Appropriation (HB 105) 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 $1,506,965 $1,506,965 $1,506,965 State General Funds $1,506,965 $1,506,965 $1,506,965 TOTAL FEDERAL FUNDS $52,272,828 $52,272,828 $52,272,828 TOTAL AGENCY FUNDS $295,415 $295,415 $295,415 Intergovernmental Transfers $275,415 $275,415 $275,415 Intergovernmental Transfers Not Itemized $275,415 $275,415 $275,415 Sales and Services $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $10,000 $10,000 $10,000 Agency Funds Transfers $10,000 $10,000 $10,000 Agency Fund Transfers Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $54,085,208 $54,085,208 $54,085,208 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 TOTAL AGENCY FUNDS Intergovernmental Transfers $0 $0 $474,298 $4,773,354 $4,773,354 $0 $0 $474,298 $4,773,354 $4,773,354 $0 $0 $474,298 $4,773,354 $4,773,354 FRIDAY, FEBRUARY 22, 2013 501 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,773,354 $5,247,652 $4,773,354 $5,247,652 $4,773,354 $5,247,652 71.100 -Homeownership Programs Appropriation (HB 105) 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,101,054 $1,101,054 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 $1,101,054 $1,101,054 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 $1,101,054 $1,101,054 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 72.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($14,552) ($14,552) ($14,552) 502 JOURNAL OF THE SENATE 72.2 Reduce funds for personnel for one filled regional director position. State General Funds ($77,841) ($77,841) ($77,841) 72.100 -Regional Services Appropriation (HB 105) 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 $1,008,661 $1,008,661 $1,008,661 State General Funds $1,008,661 $1,008,661 $1,008,661 TOTAL FEDERAL FUNDS $108,000 $108,000 $108,000 TOTAL AGENCY FUNDS $188,650 $188,650 $188,650 Intergovernmental Transfers $175,000 $175,000 $175,000 Intergovernmental Transfers Not Itemized $175,000 $175,000 $175,000 Sales and Services $13,650 $13,650 $13,650 Sales and Services Not Itemized $13,650 $13,650 $13,650 TOTAL PUBLIC FUNDS $1,305,311 $1,305,311 $1,305,311 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $0 $0 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $0 $0 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 FRIDAY, FEBRUARY 22, 2013 503 73.100 -Rental Housing Programs Appropriation (HB 105) 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 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 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 74.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,224) ($4,224) ($4,224) 74.100 -Research and Surveys Appropriation (HB 105) 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 $369,744 $369,744 $369,744 State General Funds $369,744 $369,744 $369,744 TOTAL PUBLIC FUNDS $369,744 $369,744 $369,744 504 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 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,962,892 $2,962,892 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $2,962,892 $2,962,892 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $2,962,892 $2,962,892 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 75.100 -Special Housing Initiatives Appropriation (HB 105) 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 $1,702,960 $1,702,960 $1,702,960 TOTAL AGENCY FUNDS $776,725 $776,725 $776,725 Reserved Fund Balances $300,000 $300,000 $300,000 Reserved Fund Balances Not Itemized $300,000 $300,000 $300,000 Intergovernmental Transfers $476,725 $476,725 $476,725 Intergovernmental Transfers Not Itemized $476,725 $476,725 $476,725 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $60,480 $60,480 $60,480 FRIDAY, FEBRUARY 22, 2013 505 State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $44,070 $44,070 $16,410 $16,410 $5,503,057 $44,070 $44,070 $16,410 $16,410 $5,503,057 $44,070 $44,070 $16,410 $16,410 $5,503,057 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 TOTAL PUBLIC FUNDS $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 76.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 76.2 Reduce funds for personnel for one filled office director position. State General Funds ($11,944) ($11,944) ($11,944) ($100,836) ($100,836) ($100,836) 76.100 -State Community Development Programs Appropriation (HB 105) 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 $754,799 $754,799 $754,799 State General Funds $754,799 $754,799 $754,799 TOTAL AGENCY FUNDS $55,284 $55,284 $55,284 Intergovernmental Transfers $55,284 $55,284 $55,284 Intergovernmental Transfers Not Itemized $55,284 $55,284 $55,284 TOTAL PUBLIC FUNDS $810,083 $810,083 $810,083 506 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 State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $78,596,831 $78,596,831 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 $78,596,831 $78,596,831 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 $78,596,831 $78,596,831 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 77.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 77.2 Reduce funds for Regional Economic Business Assistance (REBA) grants. State General Funds 77.3 Reduce funds for Regional Economic Business Assistance (REBA) grants. State General Funds ($1,618) ($1,618) ($1,618) ($63,763,072) ($63,763,072) ($63,763,072) ($650,000) ($2,000,000) 77.100 -State Economic Development Program Appropriation (HB 105) 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 $14,832,141 $14,182,141 $12,832,141 State General Funds $14,832,141 $14,182,141 $12,832,141 TOTAL FEDERAL FUNDS $95,000 $95,000 $95,000 TOTAL AGENCY FUNDS $240,587 $240,587 $240,587 Intergovernmental Transfers $171,000 $171,000 $171,000 Intergovernmental Transfers Not Itemized $171,000 $171,000 $171,000 Sales and Services $69,587 $69,587 $69,587 FRIDAY, FEBRUARY 22, 2013 507 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $69,587 $15,167,728 $69,587 $14,517,728 $69,587 $13,167,728 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 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 78.1 Eliminate funds for the Georgia Rural Water Association contract. (H and S:Utilize other funds for the Georgia Rural Water Association) State General Funds Sales and Services Not Itemized Total Public Funds: ($298,495) ($298,495) ($298,495) $298,495 $0 ($298,495) $298,495 $0 78.100 -Payments to Georgia Environmental Finance Authority Appropriation (HB 105) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $0 $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 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 508 JOURNAL OF THE SENATE 79.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $33,692 $33,692 $33,692 79.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($409) ($409) ($409) 79.3 Reduce funds for personnel for one filled position. State General Funds ($91,245) ($91,245) ($91,245) 79.4 Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds. State General Funds $567,958 $567,958 $567,958 79.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 105) 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 $3,551,474 $3,551,474 $3,551,474 State General Funds $3,551,474 $3,551,474 $3,551,474 TOTAL PUBLIC FUNDS $3,551,474 $3,551,474 $3,551,474 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 80.1 Reduce funds for rural economic development. State General Funds ($35,590,140) ($35,590,140) ($37,590,140) FRIDAY, FEBRUARY 22, 2013 509 80.100 -Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $9,215,902 $9,215,902 $178,902 $178,902 $178,902 $9,394,804 Appropriation (HB 105) $9,215,902 $9,215,902 $178,902 $178,902 $178,902 $9,394,804 $7,215,902 $7,215,902 $178,902 $178,902 $178,902 $7,394,804 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 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 Section Total - Continuation $2,711,373,577 $2,711,373,577 $2,208,433,332 $2,208,433,332 $110,193,257 $110,193,257 $157,444,961 $157,444,961 $235,302,027 $235,302,027 $5,725,589,221 $5,725,589,221 $5,420,841,952 $5,420,841,952 $273,383,425 $273,383,425 $245,651,179 $245,651,179 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $242,519 $242,519 $242,519 $242,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,008,837,150 $3,008,837,150 $2,711,373,577 $2,208,433,332 $110,193,257 $157,444,961 $235,302,027 $5,725,589,221 $5,420,841,952 $273,383,425 $245,651,179 $17,475,617 $17,475,617 $214,057,828 $214,057,828 $242,519 $242,519 $2,400,000 $2,400,000 $11,475,215 $11,475,215 $3,289,694,412 $3,289,694,412 $3,008,837,150 510 JOURNAL OF THE SENATE 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 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 $280,857,262 $280,857,262 $280,857,262 $11,972,308,389 $11,972,308,389 $11,972,308,389 Section Total - Final $2,938,715,412 $2,941,023,322 $2,938,565,839 $2,417,497,276 $2,419,805,186 $2,417,347,703 $118,493,257 $118,493,257 $118,493,257 $167,756,401 $167,756,401 $167,756,401 $234,968,478 $234,968,478 $234,968,478 $6,159,805,467 $6,175,818,446 $6,177,503,283 $5,829,358,146 $5,811,005,904 $5,812,710,286 $299,185,777 $333,550,998 $333,531,453 $245,981,179 $245,981,179 $272,796,900 $17,475,617 $17,475,617 $44,291,338 $17,475,617 $17,475,617 $44,291,338 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $572,519 $572,519 $572,519 $572,519 $572,519 $572,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $3,370,976,690 $3,370,976,690 $3,370,976,690 $3,370,976,690 $3,370,976,690 $3,370,976,690 $3,090,119,428 $3,090,119,428 $3,090,119,428 $280,857,262 $280,857,262 $280,857,262 $12,715,478,748 $12,733,799,637 $12,759,842,712 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. FRIDAY, FEBRUARY 22, 2013 511 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 $67,136,937 $67,136,937 $257,478,252 $232,518,668 $23,036,955 $2,854,039 $242,519 $242,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 $67,136,937 $67,136,937 $257,478,252 $232,518,668 $23,036,955 $2,854,039 $242,519 $242,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 $67,136,937 $67,136,937 $257,478,252 $232,518,668 $23,036,955 $2,854,039 $242,519 $242,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 81.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $220,061 $220,061 81.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($560) ($560) 81.3 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,215,451) ($1,215,451) ($2,430,902) ($1,215,451) ($1,215,451) ($2,430,902) 81.4 Reduce funds for operations. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($286,698) ($286,698) ($573,396) ($286,698) ($286,698) ($573,396) 81.5 Reduce funds to reflect reimbursements from the sale of bonds for the Medicaid eligibility project. State General Funds ($100,200) ($100,200) 81.6 Replace funds to reflect the Children's Health Insurance Program (CHIPRA) bonus. $220,061 ($560) ($1,215,451) ($1,215,451) ($2,430,902) ($286,698) ($286,698) ($573,396) ($100,200) 512 JOURNAL OF THE SENATE State General Funds Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: ($330,000) $330,000 $0 ($330,000) $330,000 $0 ($330,000) $330,000 $0 81.7 Increase funds for expenditures deferred from prior years. (S:Increase funds for priority information technology projects and Administrative Claiming for Education (ACE) expenses) State General Funds $9,775,213 $9,775,213 $6,661,647 81.8 Reflect prior year fund balances as itemized in the FY2012 audited Budgetary Compliance Report and transfer savings to the new "Surplus to the Revenue Shortfall Reserve" program. State General Funds Reserved Fund Balances Not Itemized Total Public Funds: ($23,177,802) $23,177,802 $0 81.100 -Departmental Administration and Program Support Appropriation (HB 105) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $75,199,302 $75,199,302 $48,907,934 State General Funds $75,199,302 $75,199,302 $48,907,934 TOTAL FEDERAL FUNDS $255,976,103 $255,976,103 $255,976,103 Medical Assistance Program CFDA93.778 $231,016,519 $231,016,519 $231,016,519 State Children's Insurance Program CFDA93.767 $23,036,955 $23,036,955 $23,036,955 TOTAL AGENCY FUNDS $3,184,039 $3,184,039 $26,361,841 Reserved Fund Balances $23,177,802 Reserved Fund Balances Not Itemized $23,177,802 Rebates, Refunds, and Reimbursements $572,519 $572,519 $572,519 Rebates, Refunds, and Reimbursements Not Itemized $572,519 $572,519 $572,519 Sanctions, Fines, and Penalties $2,611,520 $2,611,520 $2,611,520 Sanctions, Fines, and Penalties Not Itemized $2,611,520 $2,611,520 $2,611,520 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 $355,461,635 $355,461,635 $352,348,069 FRIDAY, FEBRUARY 22, 2013 513 Health Care Access and Improvement Continuation Budget The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,317,234 $7,317,234 $21,548,346 $416,250 $28,865,580 $7,317,234 $7,317,234 $21,548,346 $416,250 $28,865,580 $7,317,234 $7,317,234 $21,548,346 $416,250 $28,865,580 82.1 Reduce funds for operations for the State Office of Rural Health. State General Funds 82.2 Reduce funds for the Southeastern Firefighters Burn Foundation. State General Funds ($300,000) ($300,000) ($300,000) ($50,000) ($50,000) ($50,000) 82.100 -Health Care Access and Improvement Appropriation (HB 105) The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS $6,967,234 $6,967,234 $6,967,234 State General Funds $6,967,234 $6,967,234 $6,967,234 TOTAL FEDERAL FUNDS $21,548,346 $21,548,346 $21,548,346 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 TOTAL PUBLIC FUNDS $28,515,580 $28,515,580 $28,515,580 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 $7,124,146 $7,124,146 $8,461,900 $7,124,146 $7,124,146 $8,461,900 $7,124,146 $7,124,146 $8,461,900 514 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,939,995 $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 83.1 Reduce funds for personnel and eliminate two vacant positions. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($165,000) ($62,700) ($227,700) ($165,000) ($62,700) ($227,700) ($165,000) ($62,700) ($227,700) 83.100 -Healthcare Facility Regulation Appropriation (HB 105) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $6,959,146 $6,959,146 $6,959,146 State General Funds $6,959,146 $6,959,146 $6,959,146 TOTAL FEDERAL FUNDS $8,296,900 $8,296,900 $8,296,900 Medical Assistance Program CFDA93.778 $2,877,295 $2,877,295 $2,877,295 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 $15,356,046 $15,356,046 $15,356,046 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 $0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 FRIDAY, FEBRUARY 22, 2013 515 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 84.1 Increase funds for the state match for private deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. (H and S:Increase funds to provide state matching funds for private hospitals eligible for the Disproportionate Share Hospital (DSH) program) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $6,803,248 $13,300,912 $20,104,160 $17,270,374 $33,765,009 $51,035,383 $17,300,000 $33,822,931 $51,122,931 84.100 -Indigent Care Trust Fund Appropriation (HB 105) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $6,803,248 $17,270,374 $17,300,000 State General Funds $6,803,248 $17,270,374 $17,300,000 TOTAL FEDERAL FUNDS $270,376,881 $290,840,978 $290,898,900 Medical Assistance Program CFDA93.778 $270,376,881 $290,840,978 $290,898,900 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 $427,630,348 $458,561,571 $458,649,119 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. 516 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 85.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $132,293,459 $253,514,237 $385,807,696 $132,293,459 $253,514,237 $385,807,696 $132,293,459 $253,514,237 $385,807,696 85.2 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($834,767) ($1,599,666) ($2,434,433) ($834,767) ($1,599,666) ($2,434,433) ($834,767) ($1,599,666) ($2,434,433) 85.3 Reduce funds to reflect savings through better enforcement of level-of-care qualification analysis for placement into long-term care and home and community-based services. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($3,535,038) ($6,774,201) ($10,309,239) ($3,535,038) ($6,774,201) ($10,309,239) ($3,535,038) ($6,774,201) ($10,309,239) 85.4 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds ($22,398) ($22,398) ($22,398) FRIDAY, FEBRUARY 22, 2013 517 Medical Assistance Program CFDA93.778 Total Public Funds: ($42,921) ($65,319) ($42,921) ($65,319) ($42,921) ($65,319) 85.5 Reduce funds to reflect the collection of Hospital Cost Settlements from FY2009, FY2010, and FY2011. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($11,486,052) ($22,010,745) ($33,496,797) ($11,486,052) ($22,010,745) ($33,496,797) ($11,486,052) ($22,010,745) ($33,496,797) 85.6 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($195,550) ($374,733) ($570,283) ($195,550) ($374,733) ($570,283) ($195,550) ($374,733) ($570,283) 85.7 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,777,175) ($3,405,605) ($5,182,780) ($1,777,175) ($3,405,605) ($5,182,780) ($1,777,175) ($3,405,605) ($5,182,780) 85.8 Increase funds reduced in HB742 (2012 Session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $3,938,398 $7,547,160 $11,485,558 $3,938,398 $7,547,160 $11,485,558 $3,938,398 $7,547,160 $11,485,558 85.9 Increase funds to reflect projected FY2013 nursing home provider fee revenue. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $19,759,834 $10,311,440 $30,071,274 $19,759,834 $10,311,440 $30,071,274 $19,759,834 $10,311,440 $30,071,274 85.10 Reduce funds to reflect projected FY2013 hospital provider fee revenue. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: ($69,236) ($36,130) ($105,366) ($69,236) ($36,130) ($105,366) ($69,236) ($36,130) ($105,366) 85.11 Reduce funds to reflect an unimplemented pharmacy reimbursement policy. 518 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,200,000) ($2,299,563) ($3,499,563) ($1,200,000) ($2,299,563) ($3,499,563) 85.12 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled to reflect updated Medicaid projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $85,443,030 $163,734,660 $249,177,690 $86,302,216 $165,381,120 $251,683,336 85.13 Reduce funds for unrealized prior year reserves to reflect the FY2012 audited Budgetary Compliance Report. Reserved Fund Balances Not Itemized ($6,500,000) 85.14 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low Income Medicaid and Medicaid: Aged, Blind and Disabled programs. (S:YES) State General Funds $0 85.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 105) 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 $1,524,603,743 $1,608,846,773 $1,609,705,959 State General Funds $1,331,395,431 $1,415,638,461 $1,416,497,647 Nursing Home Provider Fees $167,756,401 $167,756,401 $167,756,401 Hospital Provider Fee $25,451,911 $25,451,911 $25,451,911 TOTAL FEDERAL FUNDS $3,007,209,714 $3,168,644,811 $3,170,291,271 Medical Assistance Program CFDA93.778 $3,004,422,500 $3,165,857,597 $3,167,504,057 TOTAL AGENCY FUNDS $68,842,988 $68,842,988 $62,342,988 Reserved Fund Balances $6,500,000 $6,500,000 $0 Reserved Fund Balances Not Itemized $6,500,000 $6,500,000 $0 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 FRIDAY, FEBRUARY 22, 2013 519 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $267,288,632 $267,288,632 $267,288,632 $4,867,945,077 $5,113,623,204 $5,109,628,850 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 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 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 86.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $79,355,008 $152,068,170 $231,423,178 $79,355,008 $152,068,170 $231,423,178 $79,355,008 $152,068,170 $231,423,178 86.2 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($569,202) ($1,090,763) ($1,659,965) ($569,202) ($1,090,763) ($1,659,965) ($569,202) ($1,090,763) ($1,659,965) 86.3 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds ($15,272) ($15,272) ($15,272) 520 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 Total Public Funds: ($29,266) ($44,538) ($29,266) ($44,538) ($29,266) ($44,538) 86.4 Reduce funds to reflect the collection of Hospital Cost Settlements from FY2009, FY2010, and FY2011. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($7,831,983) ($15,008,446) ($22,840,429) ($7,831,983) ($15,008,446) ($22,840,429) ($7,831,983) ($15,008,446) ($22,840,429) 86.5 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($133,340) ($255,519) ($388,859) ($133,340) ($255,519) ($388,859) ($133,340) ($255,519) ($388,859) 86.6 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,211,801) ($2,322,177) ($3,533,978) ($1,211,801) ($2,322,177) ($3,533,978) ($1,211,801) ($2,322,177) ($3,533,978) 86.7 Replace funds. State General Funds Tobacco Settlement Funds Total Public Funds: ($8,300,000) $8,300,000 $0 ($8,300,000) $8,300,000 $0 ($8,300,000) $8,300,000 $0 86.8 Increase funds to reflect unrealized FY2012 reserves. State General Funds Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Total Public Funds: $10,975,617 $21,032,598 $32,008,215 $10,975,617 $21,032,598 $32,008,215 $10,975,617 $21,032,598 ($10,975,617) $21,032,598 86.9 Reduce funds to reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,875,000) ($3,593,066) ($5,468,066) ($1,875,000) ($3,593,066) ($5,468,066) ($1,875,000) ($3,593,066) ($5,468,066) 86.10 Reduce funds to reflect projected FY2013 hospital provider fee revenue. FRIDAY, FEBRUARY 22, 2013 521 Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: ($565,524) ($295,112) ($860,636) ($565,524) ($295,112) ($860,636) ($565,524) ($295,112) ($860,636) 86.11 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled and PeachCare to reflect updated Medicaid projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($96,295,205) ($96,295,205) ($184,530,706) ($184,530,706) ($280,825,911) ($280,825,911) 86.12 Reduce funds to reflect updated Medicaid projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($8,203,680) ($15,720,730) ($23,924,410) ($8,203,680) ($15,720,730) ($23,924,410) 86.13 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low Income Medicaid and Medicaid: Aged, Blind and Disabled programs. (S:YES) State General Funds $0 86.14 Reflect prior year fund balances as itemized in the FY2012 audited Budgetary Compliance Report and transfer savings to the new "Surplus to the Revenue Shortfall Reserve" program. State General Funds Reserved Fund Balances Not Itemized Total Public Funds: ($21,113,536) $21,113,536 $0 86.100 -Medicaid: Low-Income Medicaid Appropriation (HB 105) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,185,816,455 $1,081,317,570 $1,060,204,034 State General Funds $859,431,573 $754,932,688 $733,819,152 Tobacco Settlement Funds $118,493,257 $118,493,257 $118,493,257 Hospital Provider Fee $207,891,625 $207,891,625 $207,891,625 TOTAL FEDERAL FUNDS $2,320,248,701 $2,119,997,265 $2,119,997,265 Medical Assistance Program CFDA93.778 $2,320,248,701 $2,119,997,265 $2,119,997,265 TOTAL AGENCY FUNDS $23,303,933 $23,303,933 $33,441,852 Reserved Fund Balances $10,975,617 $10,975,617 $21,113,536 522 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,542,785,936 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,238,035,615 $21,113,536 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,227,059,998 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 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 87.1 Increase funds for projected growth. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $9,002,637 $28,500,537 $37,503,174 $9,002,637 $28,500,537 $37,503,174 $9,002,637 $28,500,537 $37,503,174 87.2 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($49,563) ($156,906) ($206,469) ($49,563) ($156,906) ($206,469) ($49,563) ($156,906) ($206,469) 87.3 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds State Children's Insurance Program CFDA93.767 ($1,330) ($4,210) ($1,330) ($4,210) ($1,330) ($4,210) FRIDAY, FEBRUARY 22, 2013 523 Total Public Funds: ($5,540) ($5,540) ($5,540) 87.4 Reduce funds to reflect the collection of Hospital Cost Settlements from FY2009, FY2010, and FY2011. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($681,965) ($2,158,965) ($2,840,930) ($681,965) ($2,158,965) ($2,840,930) ($681,965) ($2,158,965) ($2,840,930) 87.5 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($11,610) ($36,756) ($48,366) ($11,610) ($36,756) ($48,366) ($11,610) ($36,756) ($48,366) 87.6 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($105,517) ($334,045) ($439,562) ($105,517) ($334,045) ($439,562) ($105,517) ($334,045) ($439,562) 87.7 Reduce funds to reflect projected FY2013 hospital provider fee revenue. State Children's Insurance Program CFDA93.767 Hospital Provider Fee Total Public Funds: ($7,303) ($2,307) ($9,610) ($7,303) ($2,307) ($9,610) ($7,303) ($2,307) ($9,610) 87.8 Transfer funds from Medicaid: Low-Income Medicaid to PeachCare to reflect updated Medicaid projections. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $10,852,175 $34,365,221 $45,217,396 $10,846,003 $34,345,676 $45,191,679 87.100 -PeachCare Appropriation (HB 105) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $87,728,688 $98,580,863 $98,574,691 State General Funds $86,103,746 $96,955,921 $96,949,749 Hospital Provider Fee $1,624,942 $1,624,942 $1,624,942 TOTAL FEDERAL FUNDS $276,148,822 $310,514,043 $310,494,498 State Children's Insurance Program CFDA93.767 $276,148,822 $310,514,043 $310,494,498 524 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $151,783 $151,783 $151,783 $364,029,293 $151,783 $151,783 $151,783 $409,246,689 $151,783 $151,783 $151,783 $409,220,972 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 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $0 $0 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $0 $0 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 88.1 Increase funds to reflect updated revenue and expense projections. Health Insurance Payments $74,650,998 $74,650,998 $74,650,998 88.2 Reduce funds to reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and HRA funding. Health Insurance Payments ($66,519,000) ($66,519,000) ($66,519,000) 88.3 Increase funds for increased employee contribution rates for spousal coverage. Health Insurance Payments $36,379,788 $36,379,788 $36,379,788 88.4 Increase funds for continued implementation of the EnGAgement wellness plan. Health Insurance Payments $7,122,000 $7,122,000 $7,122,000 88.5 Increase funds to reflect an increase in expenses for the implementation of the childhood obesity initiative in cooperation with the Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office. Health Insurance Payments $4,000,000 $4,000,000 $4,000,000 88.6 Increase funds to reflect an increase in employee premiums of 7.5% for employee-only and employee + child(ren) tiers. FRIDAY, FEBRUARY 22, 2013 525 Health Insurance Payments $6,419,963 $6,419,963 $6,419,963 88.7 Increase funds to reflect an increase in employee premiums of 2% due to increased costs from the requirements of the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $6,881,250 $6,881,250 $6,881,250 88.8 Increase funds to reflect revenue from the implementation of an add-on fee of $7 per employee per month for select plans. Health Insurance Payments $8,994,000 $8,994,000 $8,994,000 88.9 Reduce funds to reflect savings from elimination of prior authorization for Attention Deficit-Hyperactivity Disorder (ADHD) drugs. Health Insurance Payments ($107,500) ($107,500) ($107,500) 88.10 Reduce funds to reflect savings from implementing a pharmacy step therapy program. Health Insurance Payments ($1,400,000) ($1,400,000) ($1,400,000) 88.11 Reduce funds to reflect savings from revising the prescription drug list. Health Insurance Payments ($3,425,000) ($3,425,000) ($3,425,000) 88.12 Reduce funds to reflect savings from renegotiated rates with the hospital network. Health Insurance Payments ($5,250,000) ($5,250,000) ($5,250,000) 88.13 Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $937.34, effective March 2013. Health Insurance Payments $7,450,121 $7,450,121 $7,450,121 88.14 Increase funds to reflect an increase in the employer share of the State Health Benefit Plan from 29.781% to 30.281%, effective January 2013. Health Insurance Payments $6,085,658 $6,085,658 $6,085,658 88.100 -State Health Benefit Plan Appropriation (HB 105) 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. 526 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS Surplus to the Revenue Shortfall Reserve TOTAL STATE FUNDS State General Funds $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 $3,069,017,237 Continuation Budget $0 $0 500.1 Increase funds. It is the intent of the General Assembly that these funds be included in the departmental surplus to the Revenue Shortfall Reserve at the end of the fiscal year unless transferred to another program for Medicaid or PeachCare benefits via the legislative Fiscal Affairs committee. (S:YES) State General Funds $43,438,324 500.99 SAC: The purpose of this appropriation is to allocate funds to be included in the departmental surplus sent to the state treasury at the end of the fiscal year. State General Funds $0 500.100 -Surplus to the Revenue Shortfall Reserve Appropriation (HB 105) The purpose of this appropriation is to allocate funds to be included in the departmental surplus sent to the state treasury at the end of the fiscal year. TOTAL STATE FUNDS $43,438,324 State General Funds $43,438,324 TOTAL PUBLIC FUNDS $43,438,324 Georgia Composite Medical Board Continuation Budget 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 $2,046,154 FRIDAY, FEBRUARY 22, 2013 527 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,046,154 $100,000 $100,000 $100,000 $2,146,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 89.1 Reduce funds for personnel. State General Funds 89.2 Reduce funds for telecommunications. State General Funds ($41,824) ($1,332) ($41,824) ($1,332) ($41,824) ($1,332) 89.100 -Georgia Composite Medical Board Appropriation (HB 105) 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 $2,002,998 $2,002,998 $2,002,998 State General Funds $2,002,998 $2,002,998 $2,002,998 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 $2,102,998 $2,102,998 $2,102,998 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 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 90.1 Reduce funds for personnel. State General Funds ($2,500) ($2,500) ($2,500) 528 JOURNAL OF THE SENATE 90.2 Reduce funds for operations. State General Funds ($4,351) ($4,351) ($4,351) 90.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $678,277 State General Funds $678,277 TOTAL PUBLIC FUNDS $678,277 Appropriation (HB 105) $678,277 $678,277 $678,277 $678,277 $678,277 $678,277 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 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 91.1 Reduce funds for Graduate Medical Education residency slots. State General Funds ($275,551) ($137,776) $0 91.2 Eliminate funds for residency development programs provided for Gwinnett Medical Center and Southwest Georgia consortium. (H and S:Restore residency development funding of $136,320 to Gwinnett Medical Center and $523,000 to the Southwest Georgia Consortium) State General Funds ($826,899) ($167,579) ($167,579) 91.3 Reduce funds to reflect an adjustment for only seven new residents at Houston Medical Center. (S:Reduce funds) State General Funds ($41,310) ($41,310) 91.100 -Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 105) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. FRIDAY, FEBRUARY 22, 2013 529 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,815,068 $7,815,068 $7,815,068 $8,570,853 $8,570,853 $8,570,853 $8,708,629 $8,708,629 $8,708,629 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 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 92.1 Reduce funds for the Mercer School of Medicine Operating Grant. State General Funds ($647,733) ($323,867) $0 92.100 -Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 105) 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 $20,322,178 $20,646,044 $20,969,911 State General Funds $20,322,178 $20,646,044 $20,969,911 TOTAL PUBLIC FUNDS $20,322,178 $20,646,044 $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 $10,671,474 530 JOURNAL OF THE SENATE 93.1 Reduce funds for the Morehouse School of Medicine Operating Grant. State General Funds ($329,627) ($164,814) $0 93.100 -Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 105) 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 $10,341,847 $10,506,660 $10,671,474 State General Funds $10,341,847 $10,506,660 $10,671,474 TOTAL PUBLIC FUNDS $10,341,847 $10,506,660 $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 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 94.100 -Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 531 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 95.1 Reduce funds for medical education at private institutions. State General Funds ($84,408) ($84,408) ($84,408) 95.100 -Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 105) 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 $2,647,228 $2,647,228 $2,647,228 State General Funds $2,647,228 $2,647,228 $2,647,228 TOTAL PUBLIC FUNDS $2,647,228 $2,647,228 $2,647,228 Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $1,121,908,791 $1,121,908,791 $1,121,908,791 $1,121,908,791 $922,276 $922,276 $18,081,649 $18,081,649 $655,104 $655,104 $655,104 $655,104 $17,426,545 $17,426,545 $17,426,545 $17,426,545 $1,140,912,716 $1,140,912,716 $1,121,908,791 $1,121,908,791 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,140,912,716 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Royalties and Rents Section Total - Final $1,122,180,577 $1,122,180,577 $922,276 $29,097,329 $655,104 $1,121,180,577 $1,121,180,577 $922,276 $29,097,329 $655,104 $1,121,180,577 $1,121,180,577 $922,276 $29,097,329 $655,104 532 JOURNAL OF THE SENATE Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $655,104 $28,442,225 $28,442,225 $1,152,200,182 $655,104 $28,442,225 $28,442,225 $1,151,200,182 $655,104 $28,442,225 $28,442,225 $1,151,200,182 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 96.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 ($6,988) $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 ($6,988) $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 ($6,988) 96.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 105) 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 $6,141,694 $6,141,694 $6,141,694 State General Funds $6,141,694 $6,141,694 $6,141,694 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 $6,148,740 $6,148,740 $6,148,740 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 $9,596,724 FRIDAY, FEBRUARY 22, 2013 533 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 97.1 Increase funds by transferring savings from the Health program ($1,138,683) and the State Prisons program ($700,000). (H and S:Transfer funds from the Health ($138,683) and State Prisons ($700,000) programs to meet projected expenditures) State General Funds $1,838,683 $838,683 $838,683 97.2 Increase funds to meet projected expenditures. Sales and Services Not Itemized $11,015,680 $11,015,680 $11,015,680 97.100 -County Jail Subsidy Appropriation (HB 105) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. TOTAL STATE FUNDS $11,435,407 $10,435,407 $10,435,407 State General Funds $11,435,407 $10,435,407 $10,435,407 TOTAL AGENCY FUNDS $15,515,680 $15,515,680 $15,515,680 Sales and Services $15,515,680 $15,515,680 $15,515,680 Sales and Services Not Itemized $15,515,680 $15,515,680 $15,515,680 TOTAL PUBLIC FUNDS $26,951,087 $25,951,087 $25,951,087 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 TOTAL PUBLIC FUNDS $36,067,108 $36,067,108 $70,555 $36,137,663 $36,067,108 $36,067,108 $70,555 $36,137,663 $36,067,108 $36,067,108 $70,555 $36,137,663 98.1 Increase funds to reflect an adjustment in telecommunications expenses. 534 JOURNAL OF THE SENATE State General Funds 98.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $271,761 ($27,952) $271,761 ($27,952) $271,761 ($27,952) 98.100 -Departmental Administration Appropriation (HB 105) 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 $36,310,917 $36,310,917 $36,310,917 State General Funds $36,310,917 $36,310,917 $36,310,917 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 TOTAL PUBLIC FUNDS $36,381,472 $36,381,472 $36,381,472 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 99.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 99.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $29,117 ($13,976) $29,117 ($13,976) $29,117 ($13,976) 99.100 -Detention Centers Appropriation (HB 105) The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and FRIDAY, FEBRUARY 22, 2013 535 substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision. TOTAL STATE FUNDS $28,414,344 $28,414,344 $28,414,344 State General Funds $28,414,344 $28,414,344 $28,414,344 TOTAL AGENCY FUNDS $450,000 $450,000 $450,000 Sales and Services $450,000 $450,000 $450,000 Sales and Services Not Itemized $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $28,864,344 $28,864,344 $28,864,344 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 TOTAL PUBLIC FUNDS $27,519,049 $27,519,049 $751,721 $28,270,770 $27,519,049 $27,519,049 $751,721 $28,270,770 $27,519,049 $27,519,049 $751,721 $28,270,770 100.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($34,939) ($34,939) ($34,939) 100.100 -Food and Farm Operations Appropriation (HB 105) 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 $27,484,110 $27,484,110 $27,484,110 State General Funds $27,484,110 $27,484,110 $27,484,110 TOTAL FEDERAL FUNDS $751,721 $751,721 $751,721 TOTAL PUBLIC FUNDS $28,235,831 $28,235,831 $28,235,831 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. 536 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,883,766 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,883,766 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,883,766 101.1 Reduce funds for personnel and transfer savings to the County Jail Subsidy program. State General Funds ($1,138,683) 101.2 Reduce funds for personnel to properly align expenditures. State General Funds ($138,683) ($1,000,000) ($138,683) ($1,000,000) 101.100 -Health Appropriation (HB 105) 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 $200,355,083 $200,355,083 $200,355,083 State General Funds $200,355,083 $200,355,083 $200,355,083 TOTAL AGENCY FUNDS $390,000 $390,000 $390,000 Sales and Services $390,000 $390,000 $390,000 Sales and Services Not Itemized $390,000 $390,000 $390,000 TOTAL PUBLIC FUNDS $200,745,083 $200,745,083 $200,745,083 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 $42,320,127 $42,320,127 $30,000 $30,000 $30,000 $42,320,127 $42,320,127 $30,000 $30,000 $30,000 $42,320,127 $42,320,127 $30,000 $30,000 $30,000 FRIDAY, FEBRUARY 22, 2013 537 TOTAL PUBLIC FUNDS $42,350,127 $42,350,127 $42,350,127 102.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $9,706 $9,706 $9,706 102.100 -Offender Management Appropriation (HB 105) 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 $42,329,833 $42,329,833 $42,329,833 State General Funds $42,329,833 $42,329,833 $42,329,833 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 $42,359,833 $42,359,833 $42,359,833 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 103.1 Transfer funds from the Parole Revocation Centers program to the State Prisons program due to the Whitworth Parole Revocation Center becoming a women's state prison. State General Funds ($1,896,555) ($1,896,555) 538 JOURNAL OF THE SENATE 103.100 -Parole Revocation Centers Appropriation (HB 105) 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 $2,900,150 $2,900,150 State General Funds $4,796,705 $2,900,150 $2,900,150 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 $5,201,705 $3,305,150 $3,305,150 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 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 104.100 -Private Prisons Appropriation (HB 105) 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 $134,908,024 State General Funds $134,908,024 $134,908,024 $134,908,024 TOTAL PUBLIC FUNDS $134,908,024 $134,908,024 $134,908,024 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, as well as support the Georgia Commission on Family Violence. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services $97,678,890 $97,678,890 $10,000 $10,000 $97,678,890 $97,678,890 $10,000 $10,000 $97,678,890 $97,678,890 $10,000 $10,000 FRIDAY, FEBRUARY 22, 2013 539 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,000 $97,688,890 $10,000 $97,688,890 $10,000 $97,688,890 105.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 105.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $223,232 ($13,976) $223,232 ($13,976) $223,232 ($13,976) 105.100 -Probation Supervision Appropriation (HB 105) 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 $97,888,146 $97,888,146 $97,888,146 State General Funds $97,888,146 $97,888,146 $97,888,146 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 Sales and Services $10,000 $10,000 $10,000 Sales and Services Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $97,898,146 $97,898,146 $97,898,146 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; 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 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $505,172,788 $505,172,788 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 $505,172,788 $505,172,788 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 $505,172,788 $505,172,788 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 540 JOURNAL OF THE SENATE 106.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $417,347 $417,347 $417,347 106.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($586,982) ($586,982) ($586,982) 106.3 Reduce funds for personnel and transfer savings to the County Jail Subsidy program. State General Funds ($700,000) ($700,000) ($700,000) 106.4 Transfer funds from the Parole Revocation Centers program to the State Prisons program due to the Whitworth Parole Revocation Center becoming a women's state prison. State General Funds $1,896,555 $1,896,555 106.100 -State Prisons Appropriation (HB 105) 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 $504,303,153 $506,199,708 $506,199,708 State General Funds $504,303,153 $506,199,708 $506,199,708 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $12,289,603 $12,289,603 $12,289,603 Royalties and Rents $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 Sales and Services $11,634,499 $11,634,499 $11,634,499 Sales and Services Not Itemized $11,634,499 $11,634,499 $11,634,499 TOTAL PUBLIC FUNDS $516,692,756 $518,589,311 $518,589,311 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 $27,807,725 $27,807,725 $27,807,725 FRIDAY, FEBRUARY 22, 2013 541 State General Funds TOTAL PUBLIC FUNDS $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 107.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 107.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $19,411 ($13,975) $19,411 ($13,975) $19,411 ($13,975) 107.100 -Transitional Centers Appropriation (HB 105) The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. TOTAL STATE FUNDS $27,813,161 $27,813,161 $27,813,161 State General Funds $27,813,161 $27,813,161 $27,813,161 TOTAL PUBLIC FUNDS $27,813,161 $27,813,161 $27,813,161 Section 19: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $9,101,329 $9,101,329 $9,101,329 $9,101,329 $74,506,287 $74,506,287 $7,641,586 $7,641,586 $6,165,906 $6,165,906 $6,165,906 $6,165,906 $171,171 $171,171 $171,171 $171,171 $1,304,509 $1,304,509 $1,304,509 $1,304,509 $91,249,202 $91,249,202 $9,101,329 $9,101,329 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $91,249,202 TOTAL STATE FUNDS State General Funds Section Total - Final $8,793,964 $8,793,964 $8,793,964 $8,793,964 $8,793,964 $8,793,964 542 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $90,941,837 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $90,941,837 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $90,941,837 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 TOTAL PUBLIC FUNDS $1,144,335 $1,144,335 $672,334 $1,816,669 $1,144,335 $1,144,335 $672,334 $1,816,669 $1,144,335 $1,144,335 $672,334 $1,816,669 108.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,650 108.2 Reduce funds for telecommunications. State General Funds ($53,190) 108.3 Reduce funds for personnel by converting a full-time position to a part-time position. State General Funds ($20,629) $1,650 ($53,190) ($20,629) $1,650 ($53,190) ($20,629) 108.100 -Departmental Administration Appropriation (HB 105) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,072,166 $1,072,166 $1,072,166 State General Funds $1,072,166 $1,072,166 $1,072,166 TOTAL FEDERAL FUNDS $672,334 $672,334 $672,334 TOTAL PUBLIC FUNDS $1,744,500 $1,744,500 $1,744,500 FRIDAY, FEBRUARY 22, 2013 543 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 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 $4,710,472 $4,710,472 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 $4,710,472 $4,710,472 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 $4,710,472 $4,710,472 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 109.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 109.2 Reduce funds for personnel and hold one position vacant. State General Funds 109.3 Reduce funds for operations. State General Funds ($33,401) ($193,565) ($8,230) ($33,401) ($193,565) ($8,230) ($33,401) ($193,565) ($8,230) 109.100 -Military Readiness Appropriation (HB 105) 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 $4,475,276 $4,475,276 $4,475,276 State General Funds $4,475,276 $4,475,276 $4,475,276 TOTAL FEDERAL FUNDS $63,865,953 $63,865,953 $63,865,953 544 JOURNAL OF THE SENATE 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 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $75,982,815 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $75,982,815 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $75,982,815 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 TOTAL PUBLIC FUNDS $3,246,522 $3,246,522 $9,968,000 $13,214,522 $3,246,522 $3,246,522 $9,968,000 $13,214,522 $3,246,522 $3,246,522 $9,968,000 $13,214,522 110.100 -Youth Educational Services Appropriation (HB 105) 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 $3,246,522 $3,246,522 $3,246,522 State General Funds $3,246,522 $3,246,522 $3,246,522 TOTAL FEDERAL FUNDS $9,968,000 $9,968,000 $9,968,000 TOTAL PUBLIC FUNDS $13,214,522 $13,214,522 $13,214,522 Section 20: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Section Total - Continuation $59,380,684 $59,380,684 $59,380,684 $59,380,684 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $59,380,684 $59,380,684 $2,844,121 $2,844,121 $2,844,121 FRIDAY, FEBRUARY 22, 2013 545 TOTAL PUBLIC FUNDS $62,224,805 $62,224,805 $62,224,805 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $60,912,802 $60,912,802 $2,844,121 $2,844,121 $2,844,121 $63,756,923 $60,912,802 $60,912,802 $2,844,121 $2,844,121 $2,844,121 $63,756,923 $60,912,802 $60,912,802 $2,844,121 $2,844,121 $2,844,121 $63,756,923 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 111.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 111.2 Reduce funds for operations. State General Funds ($528) ($3,432) ($528) ($3,432) ($528) ($3,432) 111.100 -Customer Service Support Appropriation (HB 105) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,109,077 $9,109,077 $9,109,077 State General Funds $9,109,077 $9,109,077 $9,109,077 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 546 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,857 $500,857 $9,609,934 $500,857 $500,857 $9,609,934 $500,857 $500,857 $9,609,934 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 $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 112.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $850,680 $850,680 $850,680 112.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($2,993) ($2,993) ($2,993) 112.3 Increase funds for archival storage for Real ID implementation. State General Funds $510,134 $510,134 $510,134 112.4 Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation. State General Funds $200,000 $200,000 $200,000 112.5 Reduce funds for operations. State General Funds ($21,146) ($21,146) ($21,146) 112.100 -License Issuance Appropriation (HB 105) The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, FRIDAY, FEBRUARY 22, 2013 547 provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud. TOTAL STATE FUNDS $50,971,047 $50,971,047 $50,971,047 State General Funds $50,971,047 $50,971,047 $50,971,047 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 $52,798,882 $52,798,882 $52,798,882 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 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 113.1 Reduce funds for operations. State General Funds ($597) ($597) ($597) 113.100 -Regulatory Compliance Appropriation (HB 105) 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 $832,678 $832,678 $832,678 State General Funds $832,678 $832,678 $832,678 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 $515,429 548 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Community Based Child Abuse Prevention CFDA93.590 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,348,107 $1,348,107 $1,348,107 Section Total - Continuation $354,061,853 $354,061,853 $55,459,608 $55,459,608 $298,602,245 $298,602,245 $313,627,536 $313,627,536 $95,464,681 $95,464,681 $92,440,670 $92,440,670 $156,874 $156,874 $131,874 $131,874 $131,874 $131,874 $25,000 $25,000 $25,000 $25,000 $41,000 $41,000 $41,000 $41,000 $41,000 $41,000 $667,887,263 $667,887,263 $354,061,853 $55,459,608 $298,602,245 $313,627,536 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263 Section Total - Final $353,028,330 $53,795,820 $299,232,510 $310,530,323 $92,367,468 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $353,028,330 $53,795,820 $299,232,510 $310,530,323 $92,367,468 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $353,028,330 $53,795,820 $299,232,510 $310,530,323 $92,367,468 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 FRIDAY, FEBRUARY 22, 2013 549 Federal Funds Transfers FF Community Based Child Abuse Prevention CFDA93.590 TOTAL PUBLIC FUNDS $41,000 $41,000 $663,756,527 $41,000 $41,000 $663,756,527 $41,000 $41,000 $663,756,527 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 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 114.1 Reduce funds for contracts. State General Funds ($200) ($200) ($200) 114.2 Reduce funds for personnel for a portion of the Chief Financial Officer's salary and replace with federal funds. State General Funds ($36,559) ($36,559) ($36,559) 114.3 Reduce funds. State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds: ($1,627,029) ($3,097,213) ($4,724,242) ($1,627,029) ($3,097,213) ($4,724,242) ($1,627,029) ($3,097,213) ($4,724,242) 114.100 -Child Care Services Appropriation (HB 105) 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 $53,795,820 $53,795,820 $53,795,820 State General Funds $53,795,820 $53,795,820 $53,795,820 550 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $160,808,138 $92,367,468 $68,440,670 $15,000 $15,000 $15,000 $214,618,958 $160,808,138 $92,367,468 $68,440,670 $15,000 $15,000 $15,000 $214,618,958 $160,808,138 $92,367,468 $68,440,670 $15,000 $15,000 $15,000 $214,618,958 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 TOTAL PUBLIC FUNDS $0 $0 $121,997,250 $121,997,250 $0 $0 $121,997,250 $121,997,250 $0 $0 $121,997,250 $121,997,250 115.100 -Nutrition Appropriation (HB 105) 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 TOTAL PUBLIC FUNDS $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 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 TOTAL PUBLIC FUNDS $298,602,245 $0 $298,602,245 $218,000 $298,820,245 $298,602,245 $0 $298,602,245 $218,000 $298,820,245 $298,602,245 $0 $298,602,245 $218,000 $298,820,245 FRIDAY, FEBRUARY 22, 2013 551 116.1 Reduce funds to reflect an adjustment in telecommunications expenses. Lottery Proceeds ($95,011) ($95,011) 116.2 Increase funds for the employer share of the Federal Insurance Contributions Act (FICA) tax. Lottery Proceeds $725,276 $725,276 ($95,011) $725,276 116.100 -Pre-Kindergarten Program Appropriation (HB 105) 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 $299,232,510 $299,232,510 $299,232,510 Lottery Proceeds $299,232,510 $299,232,510 $299,232,510 TOTAL FEDERAL FUNDS $218,000 $218,000 $218,000 TOTAL PUBLIC FUNDS $299,450,510 $299,450,510 $299,450,510 Quality Initiatives Continuation Budget The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Community Based Child Abuse Prevention CFDA93.590 TOTAL PUBLIC FUNDS $0 $0 $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $0 $0 $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $0 $0 $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 552 JOURNAL OF THE SENATE 117.100 -Quality Initiatives Appropriation (HB 105) 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 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Community Based Child Abuse Prevention CFDA93.590 TOTAL PUBLIC FUNDS $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $27,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS Section Total - Continuation $40,617,320 $40,617,320 $33,779,876 $33,779,876 $6,837,444 $6,837,444 $659,400 $659,400 $41,276,720 $41,276,720 Section Total - Final $38,936,291 $32,686,834 $6,249,457 $659,400 $39,595,691 $39,289,444 $33,039,987 $6,249,457 $659,400 $39,948,844 $40,617,320 $33,779,876 $6,837,444 $659,400 $41,276,720 $38,964,281 $32,714,824 $6,249,457 $659,400 $39,623,681 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. FRIDAY, FEBRUARY 22, 2013 553 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 118.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 118.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 118.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds 118.4 Reduce funds for operations. State General Funds ($458) ($27,141) ($74,350) ($50,560) ($458) $0 ($74,350) ($50,560) ($458) $0 ($74,350) ($50,560) 118.100 -Departmental Administration Appropriation (HB 105) 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 $3,931,951 $3,959,092 $3,959,092 State General Funds $3,931,951 $3,959,092 $3,959,092 TOTAL PUBLIC FUNDS $3,931,951 $3,959,092 $3,959,092 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 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 119.1 Reduce funds to reflect an adjustment in telecommunications expenses. 554 JOURNAL OF THE SENATE State General Funds 119.2 Reduce funds for marketing. State General Funds ($36) ($38,573) ($36) ($38,573) ($36) ($38,573) 119.100 -Film, Video, and Music Appropriation (HB 105) 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 $916,556 $916,556 $916,556 State General Funds $916,556 $916,556 $916,556 TOTAL PUBLIC FUNDS $916,556 $916,556 $916,556 Global Commerce Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 120.1 Reduce funds for contracts. State General Funds 120.2 Reduce funds for marketing. State General Funds ($65,000) ($65,000) ($65,000) ($100,000) ($100,000) ($100,000) 120.100 -Global Commerce Appropriation (HB 105) 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 FRIDAY, FEBRUARY 22, 2013 555 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 $10,127,005 $10,127,005 $10,127,005 State General Funds $10,127,005 $10,127,005 $10,127,005 TOTAL PUBLIC FUNDS $10,127,005 $10,127,005 $10,127,005 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. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $14,347,266 $7,509,822 $6,837,444 $14,347,266 $14,347,266 $7,509,822 $6,837,444 $14,347,266 $14,347,266 $7,509,822 $6,837,444 $14,347,266 121.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($95) ($95) ($95) 121.2 Reduce funds for the Georgia Research Alliance. State General Funds ($180,849) ($200,000) ($200,000) 121.3 Reduce funds for marketing. State General Funds ($345,163) $0 ($345,163) 121.4 Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780). Tobacco Settlement Funds ($52,040) ($52,040) ($52,040) 121.5 Reduce funds for the Tumor Tissue Bank. Tobacco Settlement Funds ($124,595) ($124,595) ($124,595) 121.6 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations. Tobacco Settlement Funds ($411,352) ($411,352) ($411,352) 556 JOURNAL OF THE SENATE 121.100 -Innovation and Technology Appropriation (HB 105) 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 $13,233,172 $13,559,184 $13,214,021 State General Funds $6,983,715 $7,309,727 $6,964,564 Tobacco Settlement Funds $6,249,457 $6,249,457 $6,249,457 TOTAL PUBLIC FUNDS $13,233,172 $13,559,184 $13,214,021 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 PUBLIC FUNDS $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 122.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 122.2 Reduce funds for operations. State General Funds ($131) ($20,868) ($131) ($20,868) ($131) ($20,868) 122.100 -Small and Minority Business Development Appropriation (HB 105) 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 $895,861 $895,861 $895,861 State General Funds $895,861 $895,861 $895,861 TOTAL PUBLIC FUNDS $895,861 $895,861 $895,861 FRIDAY, FEBRUARY 22, 2013 557 Tourism Continuation Budget The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 123.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 123.2 Reduce funds for personnel and eliminate two vacant positions. State General Funds 123.3 Reduce funds for contracts. State General Funds 123.4 Reduce funds for marketing. State General Funds 123.5 Increase funds for the Civil War Commission. State General Funds $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 ($1,445) ($1,445) ($1,445) ($58,107) ($58,107) ($58,107) ($19,882) ($19,882) ($19,882) ($100,000) ($100,000) ($100,000) $20,000 123.100 -Tourism Appropriation (HB 105) 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 $9,130,960 $9,130,960 $9,150,960 State General Funds $9,130,960 $9,130,960 $9,150,960 TOTAL PUBLIC FUNDS $9,130,960 $9,130,960 $9,150,960 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. 558 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $578,689 $578,689 $659,400 $1,238,089 $578,689 $578,689 $659,400 $1,238,089 $578,689 $578,689 $659,400 $1,238,089 124.100 -Arts, Georgia Council for the Appropriation (HB 105) 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 $578,689 $578,689 State General Funds $578,689 $578,689 $578,689 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $1,238,089 $1,238,089 $1,238,089 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 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 125.1 Reduce funds for operations. State General Funds 125.2 Reduce funds for information technology. State General Funds ($3,974) ($6,410) ($3,974) ($6,410) ($3,974) ($6,410) 125.100 -Payments to Georgia Medical Center Authority Appropriation (HB 105) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $122,097 $122,097 $122,097 State General Funds $122,097 $122,097 $122,097 TOTAL PUBLIC FUNDS $122,097 $122,097 $122,097 FRIDAY, FEBRUARY 22, 2013 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Education for Homeless Children & Youth ARRA-School Improvement Grants CFDA84.388 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 ARRA-Education for Homeless Children & Youth ARRA-School Improvement Grants CFDA84.388 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 559 Section Total - Continuation $7,168,032,040 $7,168,032,040 $7,168,032,040 $7,168,032,040 $1,754,515,336 $1,754,515,336 $129,239 $129,239 $3,412,222 $3,412,222 $3,713,178 $3,713,178 $1,109,438 $1,109,438 $1,109,438 $1,109,438 $300,000 $300,000 $300,000 $300,000 $828,560 $828,560 $828,560 $828,560 $1,475,180 $1,475,180 $1,475,180 $1,475,180 $8,926,260,554 $8,926,260,554 $7,168,032,040 $7,168,032,040 $1,754,515,336 $129,239 $3,412,222 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $8,926,260,554 Section Total - Final $7,322,921,047 $7,150,221,292 $172,699,755 $1,754,515,336 $129,239 $3,412,222 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $7,321,240,747 $7,148,540,992 $172,699,755 $1,754,515,336 $129,239 $3,412,222 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $7,326,585,563 $7,153,885,808 $172,699,755 $1,754,515,336 $129,239 $3,412,222 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 560 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,475,180 $1,475,180 $1,475,180 $9,081,149,561 $9,079,469,261 $9,084,814,077 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 PUBLIC FUNDS $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 126.1 Reduce funds for operations for the Extended Day/Year program. State General Funds 126.2 Reduce funds for operations for Area Teachers. State General Funds 126.3 Reduce funds for operations for Young Farmers. State General Funds 126.4 Reduce funds for operations for Youth Camps. State General Funds ($90,377) ($44,647) ($80,051) ($14,440) ($45,188) ($22,323) ($40,026) ($7,220) ($45,188) ($22,323) ($40,026) ($7,220) 126.100 -Agricultural Education Appropriation (HB 105) 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 $7,420,994 $7,535,752 $7,535,752 State General Funds $7,420,994 $7,535,752 $7,535,752 TOTAL PUBLIC FUNDS $7,420,994 $7,535,752 $7,535,752 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. FRIDAY, FEBRUARY 22, 2013 561 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-School Improvement Grants CFDA84.388 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $30,301,129 $30,301,129 $55,540,713 $3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 $30,301,129 $30,301,129 $55,540,713 $3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 $30,301,129 $30,301,129 $55,540,713 $3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 128.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,448 $3,448 $3,448 128.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($6,207) ($6,207) ($6,207) 128.3 Reduce funds for personnel. State General Funds ($170,625) ($170,625) ($170,625) 128.4 Reduce funds for the School Nurse Coordinator position to reflect projected expenditures. State General Funds ($69,038) ($69,038) ($69,038) 128.5 Reduce funds for operations. State General Funds ($42,447) ($42,447) ($42,447) 128.6 Reduce funds for travel based on prior years' expenditures. State General Funds ($20,099) ($20,099) ($20,099) 128.7 Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones. State General Funds ($7,896) ($7,896) ($7,896) 128.8 Reduce funds for the Superintendent's Leadership Program. State General Funds ($44,597) $0 ($44,597) 128.9 Reduce funds for the American Association of Adapted Sports Program. 562 JOURNAL OF THE SENATE State General Funds ($40,000) ($40,000) $0 128.10 Reduce funds for State Schools Administration based on prior year expenditures. State General Funds ($20,000) ($20,000) ($20,000) 128.11 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for half of the Discovery Education contract. State General Funds ($471,355) ($471,355) ($471,355) 128.100 -Central Office Appropriation (HB 105) 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 ARRA-School Improvement Grants CFDA84.388 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $29,412,313 $29,412,313 $55,540,713 $3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000 $85,872,057 $29,456,910 $29,456,910 $55,540,713 $3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000 $85,916,654 $29,452,313 $29,452,313 $55,540,713 $3,412,222 $919,031 $619,031 $619,031 $300,000 $300,000 $85,912,057 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 TOTAL PUBLIC FUNDS $1,993,546 $1,993,546 $7,001,330 $8,994,876 $1,993,546 $1,993,546 $7,001,330 $8,994,876 $1,993,546 $1,993,546 $7,001,330 $8,994,876 FRIDAY, FEBRUARY 22, 2013 563 129.1 Reduce funds for planning grants. State General Funds 129.2 Reduce funds for facility grants. State General Funds ($5,000) ($54,806) ($5,000) ($54,806) ($5,000) ($54,806) 129.100 -Charter Schools Appropriation (HB 105) 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 $1,933,740 $1,933,740 $1,933,740 State General Funds $1,933,740 $1,933,740 $1,933,740 TOTAL FEDERAL FUNDS $7,001,330 $7,001,330 $7,001,330 TOTAL PUBLIC FUNDS $8,935,070 $8,935,070 $8,935,070 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 ($27,993) ($20,000) ($20,000) 130.100 -Communities in Schools Appropriation (HB 105) 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 $905,107 $913,100 $913,100 State General Funds $905,107 $913,100 $913,100 TOTAL PUBLIC FUNDS $905,107 $913,100 $913,100 564 JOURNAL OF THE SENATE 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 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 131.1 Reduce funds for operations. State General Funds 131.2 Reduce funds for contracts. State General Funds ($40,000) ($47,907) ($40,000) ($47,907) ($40,000) ($47,907) 131.100 -Curriculum Development Appropriation (HB 105) The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum. TOTAL STATE FUNDS $1,144,837 $1,144,837 $1,144,837 State General Funds $1,144,837 $1,144,837 $1,144,837 TOTAL PUBLIC FUNDS $1,144,837 $1,144,837 $1,144,837 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 ARRA-Education for Homeless Children & Youth TOTAL PUBLIC FUNDS $0 $1,072,513,107 $129,239 $1,072,513,107 $0 $1,072,513,107 $129,239 $1,072,513,107 $0 $1,072,513,107 $129,239 $1,072,513,107 132.100 -Federal Programs Appropriation (HB 105) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS $1,072,513,107 $1,072,513,107 $1,072,513,107 FRIDAY, FEBRUARY 22, 2013 565 ARRA-Education for Homeless Children & Youth TOTAL PUBLIC FUNDS $129,239 $129,239 $129,239 $1,072,513,107 $1,072,513,107 $1,072,513,107 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 TOTAL PUBLIC FUNDS $0 $0 $6,300,860 $6,300,860 $0 $0 $6,300,860 $6,300,860 $0 $0 $6,300,860 $6,300,860 133.100 -Georgia Learning Resources System Appropriation (HB 105) 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 TOTAL PUBLIC FUNDS $6,300,860 $6,300,860 $6,300,860 $6,300,860 $6,300,860 $6,300,860 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 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 566 JOURNAL OF THE SENATE 134.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 134.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 134.3 Reduce funds for contracts. State General Funds $17 ($51) ($141,179) $17 ($51) ($141,179) $17 ($51) ($141,179) 134.100 -Georgia Virtual School Appropriation (HB 105) 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 $4,564,742 $4,564,742 $4,564,742 State General Funds $4,564,742 $4,564,742 $4,564,742 TOTAL AGENCY FUNDS $1,371,025 $1,371,025 $1,371,025 Sales and Services $1,371,025 $1,371,025 $1,371,025 Sales and Services Not Itemized $1,371,025 $1,371,025 $1,371,025 TOTAL PUBLIC FUNDS $5,935,767 $5,935,767 $5,935,767 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 Eliminate funds for the final quarter of the year. State General Funds ($36,000) $0 $0 135.100 -Georgia Youth Science and Technology Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 567 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $108,000 $108,000 $108,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 Governor's Honors Program Continuation Budget The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 136.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 136.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 136.3 Reduce funds for operations. State General Funds $959,839 $959,839 $959,839 $14 ($39) ($28,795) $959,839 $959,839 $959,839 $14 ($39) ($20,000) $959,839 $959,839 $959,839 $14 ($39) ($20,000) 136.100 -Governor's Honors Program Appropriation (HB 105) 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 $931,019 $939,814 $939,814 State General Funds $931,019 $939,814 $939,814 TOTAL PUBLIC FUNDS $931,019 $939,814 $939,814 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 $3,321,803 568 JOURNAL OF THE SENATE 137.100 -Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS $3,321,803 State General Funds $3,321,803 TOTAL PUBLIC FUNDS $3,321,803 Appropriation (HB 105) $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 children in residential education facilities and sparsity grants. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 138.1 Reduce funds for Residential Treatment Centers. State General Funds 138.2 Reduce funds for Sparsity Grants. State General Funds $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 ($114,942) ($38,313) ($38,313) ($78,938) ($26,313) $0 138.100 -Non Quality Basic Education Formula Grants Appropriation (HB 105) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $6,268,788 $6,398,042 $6,424,355 State General Funds $6,268,788 $6,398,042 $6,424,355 TOTAL PUBLIC FUNDS $6,268,788 $6,398,042 $6,424,355 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 $22,593,223 $22,593,223 $22,593,223 $22,593,223 $22,593,223 $22,593,223 FRIDAY, FEBRUARY 22, 2013 569 TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $574,888,212 $574,888,212 $574,888,212 $597,481,435 $597,481,435 $597,481,435 139.1 Reduce funds for the school lunch program. State General Funds ($1,647,230) ($1,098,745) ($677,796) 139.100 -Nutrition Appropriation (HB 105) 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 $20,945,993 $21,494,478 $21,915,427 State General Funds $20,945,993 $21,494,478 $21,915,427 TOTAL FEDERAL FUNDS $574,888,212 $574,888,212 $574,888,212 TOTAL PUBLIC FUNDS $595,834,205 $596,382,690 $596,803,639 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 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 140.100 -Preschool Handicapped Appropriation (HB 105) The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. TOTAL STATE FUNDS $28,412,355 $28,412,355 $28,412,355 State General Funds $28,412,355 $28,412,355 $28,412,355 TOTAL PUBLIC FUNDS $28,412,355 $28,412,355 $28,412,355 Quality Basic Education Equalization Continuation Budget 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. 570 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 $436,158,587 141.100 -Quality Basic Education Equalization Appropriation (HB 105) 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 $436,158,587 $436,158,587 State General Funds $436,158,587 $436,158,587 $436,158,587 TOTAL PUBLIC FUNDS $436,158,587 $436,158,587 $436,158,587 Quality Basic Education Local Five Mill Share Continuation Budget The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730) 142.1 Reduce funds for state charter special schools based on local five mill share. State General Funds ($6,500,624) ($6,500,624) 142.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 105) 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) ($1,704,005,354) ($1,704,005,354) State General Funds ($1,697,504,730) ($1,704,005,354) ($1,704,005,354) TOTAL PUBLIC FUNDS ($1,697,504,730) ($1,704,005,354) ($1,704,005,354) 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. FRIDAY, FEBRUARY 22, 2013 571 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 143.1 Increase funds for the midterm adjustment enrollment growth. (H:Increase funds for a midterm adjustment for enrollment growth, Special Needs Scholarship, state special charter school supplement, and $3,449,086 for charter system grants as specified in HB742 (2012 Session))(S:Increase funds for a midterm adjustment for enrollment growth, Special Needs Scholarship, state special charter school supplement, and $8,351,237 for charter system FTE growth per OCGA 20-2-165.1 with the maximum appropriation to any one system to be $4,500,000 after being subject to austerity) State General Funds $156,203,055 $162,685,588 $167,587,739 143.2 Increase funds for the Special Needs Scholarship to meet projected need. State General Funds $3,033,447 $0 $0 143.3 Replace funds. State General Funds Revenue Shortfall Reserve for K-12 Needs Total Public Funds: ($172,699,755) ($172,699,755) ($172,699,755) $172,699,755 $172,699,755 $172,699,755 $0 $0 $0 143.4 Increase funds for a misclassification of FTEs for Devereux Ackerman Academy-Residential Treatment Facility. State General Funds $149,581 $149,581 143.100 -Quality Basic Education Program Appropriation (HB 105) 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 $8,342,248,539 $8,345,847,206 $8,350,749,357 State General Funds $8,169,548,784 $8,173,147,451 $8,178,049,602 Revenue Shortfall Reserve for K-12 Needs $172,699,755 $172,699,755 $172,699,755 TOTAL PUBLIC FUNDS $8,342,248,539 $8,345,847,206 $8,350,749,357 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. 572 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 144.1 Reduce funds for operations. State General Funds ($205,995) ($85,108) ($85,108) 144.100 -Regional Education Service Agencies Appropriation (HB 105) 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 $8,304,817 $8,425,704 $8,425,704 State General Funds $8,304,817 $8,425,704 $8,425,704 TOTAL PUBLIC FUNDS $8,304,817 $8,425,704 $8,425,704 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 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 145.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 145.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 145.3 Reduce funds for personnel for one vacant position. State General Funds $42 ($358) ($93,263) $42 ($358) ($93,263) $42 ($358) ($93,263) FRIDAY, FEBRUARY 22, 2013 573 145.100 -School Improvement Appropriation (HB 105) 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 $5,105,485 $5,105,485 $5,105,485 State General Funds $5,105,485 $5,105,485 $5,105,485 TOTAL PUBLIC FUNDS $5,105,485 $5,105,485 $5,105,485 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 TOTAL PUBLIC FUNDS $62,113,005 $62,113,005 $7,908,992 $70,021,997 $62,113,005 $62,113,005 $7,908,992 $70,021,997 $62,113,005 $62,113,005 $7,908,992 $70,021,997 146.100 -Severely Emotionally Disturbed Appropriation (HB 105) 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 $62,113,005 $62,113,005 $62,113,005 State General Funds $62,113,005 $62,113,005 $62,113,005 TOTAL FEDERAL FUNDS $7,908,992 $7,908,992 $7,908,992 TOTAL PUBLIC FUNDS $70,021,997 $70,021,997 $70,021,997 State Charter School Commission Administration TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 147.1 Increase funds for initial funding for administrative support for the State Charter School Commission. State General Funds $130,000 $130,000 $130,000 574 JOURNAL OF THE SENATE 147.100 -State Charter School Commission Administration TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $130,000 $130,000 $130,000 Appropriation (HB 105) $130,000 $130,000 $130,000 $130,000 $130,000 $130,000 State Interagency Transfers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $8,497,963 $8,497,963 $3,958,342 $12,456,305 $8,497,963 $8,497,963 $3,958,342 $12,456,305 $8,497,963 $8,497,963 $3,958,342 $12,456,305 148.1 Reduce funds for projected transfers to the Teachers' Retirement System. State General Funds ($400,000) ($400,000) ($400,000) 148.100 -State Interagency Transfers Appropriation (HB 105) 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 $8,097,963 $8,097,963 $8,097,963 State General Funds $8,097,963 $8,097,963 $8,097,963 TOTAL FEDERAL FUNDS $3,958,342 $3,958,342 $3,958,342 TOTAL PUBLIC FUNDS $12,056,305 $12,056,305 $12,056,305 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 $24,244,124 $24,244,124 $1,423,122 $490,407 $24,244,124 $24,244,124 $1,423,122 $490,407 $24,244,124 $24,244,124 $1,423,122 $490,407 FRIDAY, FEBRUARY 22, 2013 575 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 $25,667,246 $490,407 $828,560 $828,560 $104,155 $104,155 $25,667,246 $490,407 $828,560 $828,560 $104,155 $104,155 $25,667,246 149.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 149.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $1,147 ($16,113) $1,147 ($16,113) $1,147 ($16,113) 149.100 -State Schools Appropriation (HB 105) 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 $24,229,158 $24,229,158 $24,229,158 State General Funds $24,229,158 $24,229,158 $24,229,158 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 $25,652,280 $25,652,280 $25,652,280 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 $14,059,152 $14,059,152 $14,059,152 $14,059,152 $14,059,152 $14,059,152 576 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $16,012,923 $30,072,075 $16,012,923 $30,072,075 $16,012,923 $30,072,075 150.1 Reduce funds for the Extended Day/Year program. State General Funds 150.2 Reduce funds. State General Funds ($421,775) $0 $0 ($210,887) ($210,887) 150.100 -Technology/Career Education Appropriation (HB 105) 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 $13,637,377 $13,848,265 $13,848,265 State General Funds $13,637,377 $13,848,265 $13,848,265 TOTAL FEDERAL FUNDS $16,012,923 $16,012,923 $16,012,923 TOTAL PUBLIC FUNDS $29,650,300 $29,861,188 $29,861,188 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 TOTAL PUBLIC FUNDS $13,479,209 $13,479,209 $10,390,857 $23,870,066 $13,479,209 $13,479,209 $10,390,857 $23,870,066 $13,479,209 $13,479,209 $10,390,857 $23,870,066 151.100 -Testing Appropriation (HB 105) 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 $13,479,209 $13,479,209 $13,479,209 State General Funds $13,479,209 $13,479,209 $13,479,209 TOTAL FEDERAL FUNDS $10,390,857 $10,390,857 $10,390,857 TOTAL PUBLIC FUNDS $23,870,066 $23,870,066 $23,870,066 FRIDAY, FEBRUARY 22, 2013 577 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 $1,551,946 152.100 -Tuition for Multi-Handicapped Appropriation (HB 105) 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 $2,744.80. 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 $26,432,022 $26,432,022 $26,432,022 $26,432,022 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $48,153,922 $48,153,922 $26,432,022 $26,432,022 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922 TOTAL STATE FUNDS State General Funds Section Total - Final $26,532,022 $26,532,022 $26,532,022 $26,532,022 $26,532,022 $26,532,022 578 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,253,922 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,253,922 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,253,922 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 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813 153.100 -Deferred Compensation Appropriation (HB 105) The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,508,813 $3,508,813 $3,508,813 Sales and Services $3,508,813 $3,508,813 $3,508,813 Sales and Services Not Itemized $3,508,813 $3,508,813 $3,508,813 TOTAL PUBLIC FUNDS $3,508,813 $3,508,813 $3,508,813 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 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 FRIDAY, FEBRUARY 22, 2013 579 154.100 -Georgia Military Pension Fund Appropriation (HB 105) 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 State General Funds $1,703,022 $1,703,022 $1,703,022 TOTAL PUBLIC FUNDS $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 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 155.1 Increase funds reduced in HB742 (2012 Session) to fully fund the annual required contribution for FY2013. State General Funds $100,000 $100,000 $100,000 155.100 -Public School Employees Retirement System Appropriation (HB 105) 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 TOTAL PUBLIC FUNDS $0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087 580 JOURNAL OF THE SENATE 156.100 -System Administration Appropriation (HB 105) 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 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 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). Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $30,440,883 $30,440,883 $30,440,883 $30,440,883 $5,994,473 $5,994,473 $6,833,695 $6,833,695 $125,000 $125,000 $125,000 $125,000 $33,000 $33,000 $33,000 $33,000 $6,675,695 $6,675,695 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $43,319,051 $43,319,051 $30,440,883 $30,440,883 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,319,051 FRIDAY, FEBRUARY 22, 2013 581 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $29,460,464 $29,460,464 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,338,632 $29,987,021 $29,987,021 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,865,189 $29,987,021 $29,987,021 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,865,189 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,371,335 $3,371,335 $48,800 $76,288 $76,288 $76,288 $3,496,423 $3,371,335 $3,371,335 $48,800 $76,288 $76,288 $76,288 $3,496,423 $3,371,335 $3,371,335 $48,800 $76,288 $76,288 $76,288 $3,496,423 157.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 157.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $3,424 ($7,684) $3,424 ($7,684) $3,424 ($7,684) 582 JOURNAL OF THE SENATE 157.3 Reduce funds for personnel to reflect projected expenditures. State General Funds ($51,630) ($51,630) ($51,630) 157.100 -Commission Administration Appropriation (HB 105) 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 $3,315,445 $3,315,445 $3,315,445 State General Funds $3,315,445 $3,315,445 $3,315,445 TOTAL FEDERAL FUNDS $48,800 $48,800 $48,800 TOTAL AGENCY FUNDS $76,288 $76,288 $76,288 Sales and Services $76,288 $76,288 $76,288 Sales and Services Not Itemized $76,288 $76,288 $76,288 TOTAL PUBLIC FUNDS $3,440,533 $3,440,533 $3,440,533 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 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 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176 $2,132,169 $2,132,169 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176 $2,132,169 $2,132,169 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176 FRIDAY, FEBRUARY 22, 2013 583 158.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 158.2 Reduce funds for personnel and replace with federal funds. State General Funds $804 ($51,486) $804 ($51,486) $804 ($51,486) 158.100 -Forest Management Appropriation (HB 105) 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 $2,081,487 $2,081,487 $2,081,487 State General Funds $2,081,487 $2,081,487 $2,081,487 TOTAL FEDERAL FUNDS $3,565,275 $3,565,275 $3,565,275 TOTAL AGENCY FUNDS $1,027,732 $1,027,732 $1,027,732 Intergovernmental Transfers $125,000 $125,000 $125,000 Intergovernmental Transfers Not Itemized $125,000 $125,000 $125,000 Sales and Services $902,732 $902,732 $902,732 Sales and Services Not Itemized $902,732 $902,732 $902,732 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 $6,724,494 $6,724,494 $6,724,494 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. 584 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 $24,937,379 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $31,840,372 $24,937,379 $24,937,379 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $31,840,372 $24,937,379 $24,937,379 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $31,840,372 159.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 159.2 Reduce funds for personnel to reflect projected expenditures. State General Funds 159.3 Reduce funds for operations. State General Funds 159.4 Reduce funds for motor vehicle purchases. State General Funds $7,571 $7,571 $7,571 ($688,837) ($252,280) ($252,280) ($121,273) ($31,273) ($31,273) ($71,308) ($71,308) ($71,308) 159.100 -Forest Protection Appropriation (HB 105) 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 $24,063,532 $24,590,089 $24,590,089 State General Funds $24,063,532 $24,590,089 $24,590,089 TOTAL FEDERAL FUNDS $2,246,681 $2,246,681 $2,246,681 TOTAL AGENCY FUNDS $4,656,312 $4,656,312 $4,656,312 FRIDAY, FEBRUARY 22, 2013 585 Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $33,000 $33,000 $4,623,312 $4,623,312 $30,966,525 $33,000 $33,000 $4,623,312 $4,623,312 $31,493,082 $33,000 $33,000 $4,623,312 $4,623,312 $31,493,082 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $0 $0 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $0 $0 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 160.100 -Tree Seedling Nursery Appropriation (HB 105) 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $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 Section Total - Continuation $57,604,463 $57,604,463 $57,604,463 $57,604,463 $112,177,734 $112,177,734 $57,604,463 $57,604,463 $112,177,734 586 JOURNAL OF THE SENATE 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 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,105,331 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,105,331 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,105,331 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991 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 Section Total - Final $54,226,786 $54,226,786 $112,378,204 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $54,226,786 $54,226,786 $112,378,204 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $54,184,959 $54,184,959 $112,378,204 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 FRIDAY, FEBRUARY 22, 2013 587 Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $167,689 $147,325 $147,325 $147,325 $168,928,124 $167,689 $147,325 $147,325 $147,325 $168,928,124 $167,689 $147,325 $147,325 $147,325 $168,886,297 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 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 161.1 Reduce funds for the Unemployment Trust Fund loan interest payment from $19,108,685 to $16,763,825 to reflect the actual need for the interest payment due September 30, 2012. State General Funds ($2,344,860) ($2,344,860) ($2,344,860) 161.100 -Governor's Emergency Fund Appropriation (HB 105) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $20,233,401 $20,233,401 $20,233,401 State General Funds $20,233,401 $20,233,401 $20,233,401 TOTAL PUBLIC FUNDS $20,233,401 $20,233,401 $20,233,401 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 $5,987,885 $5,987,885 $100,000 $5,987,885 $5,987,885 $100,000 $5,987,885 $5,987,885 $100,000 588 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 162.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 162.2 Reduce funds for operations. State General Funds $100,000 $100,000 $6,087,885 $100,000 $100,000 $6,087,885 $100,000 $100,000 $6,087,885 $56,557 $56,557 $56,557 ($179,637) ($179,637) ($179,637) 162.100 -Governor's Office Appropriation (HB 105) 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 $5,864,805 $5,864,805 $5,864,805 State General Funds $5,864,805 $5,864,805 $5,864,805 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 $5,964,805 $5,964,805 $5,964,805 Planning and Budget, Governor's Office of Continuation Budget The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 163.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 163.2 Reduce funds to reflect an adjustment in the property insurance premiums. $38,175 $38,175 $38,175 FRIDAY, FEBRUARY 22, 2013 589 State General Funds 163.3 Reduce funds for operations. State General Funds 163.4 Reduce funds for the American Indian Council contract. State General Funds ($299) ($299) ($299) ($228,808) ($228,808) ($228,808) ($12,500) ($12,500) ($12,500) 163.100 -Planning and Budget, Governor's Office of Appropriation (HB 105) 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 $7,840,179 $7,840,179 $7,840,179 State General Funds $7,840,179 $7,840,179 $7,840,179 TOTAL PUBLIC FUNDS $7,840,179 $7,840,179 $7,840,179 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $841,704 $841,704 $89,558 $25 $25 $25 $931,287 $841,704 $841,704 $89,558 $25 $25 $25 $931,287 $841,704 $841,704 $89,558 $25 $25 $25 $931,287 164.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 164.2 Reduce funds for operations. State General Funds 164.3 Reduce funds for information technology. $1,779 ($14,251) $1,779 ($14,251) $1,779 ($14,251) 590 JOURNAL OF THE SENATE State General Funds 164.4 Reduce funds for contracts. State General Funds 164.5 Reduce funds for personnel. State General Funds ($2,000) ($9,000) ($11,463) ($2,000) ($9,000) ($11,463) ($2,000) ($9,000) ($11,463) 164.100 -Child Advocate, Office of the Appropriation (HB 105) 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 $806,769 $806,769 $806,769 State General Funds $806,769 $806,769 $806,769 TOTAL FEDERAL FUNDS $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 $896,352 $896,352 $896,352 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $2,906,072 $2,906,072 $8,215,596 $3,814,350 $11,121,668 $2,906,072 $2,906,072 $8,215,596 $3,814,350 $11,121,668 $2,906,072 $2,906,072 $8,215,596 $3,814,350 $11,121,668 165.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 165.2 Reduce funds for implementing new Community Strategy grants. State General Funds $40,151 ($87,182) $40,151 ($87,182) $40,151 ($87,182) FRIDAY, FEBRUARY 22, 2013 591 165.3 Recognize funds for sexual assault centers. Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 165.100 -Children and Families, Governor's Office for Appropriation (HB 105) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $2,859,041 $2,859,041 $2,859,041 State General Funds $2,859,041 $2,859,041 $2,859,041 TOTAL FEDERAL FUNDS $8,416,066 $8,416,066 $8,416,066 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 FFIND Temp. Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 $3,814,350 TOTAL PUBLIC FUNDS $11,275,107 $11,275,107 $11,275,107 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 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 $2,108,027 $2,108,027 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 $2,108,027 $2,108,027 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 $2,108,027 $2,108,027 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 166.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $19,225 $19,225 $19,225 592 JOURNAL OF THE SENATE 166.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 166.3 Reduce funds for personnel and eliminate one position. State General Funds 166.4 Reduce funds for communications. State General Funds 166.5 Reduce funds for the Civil Air Patrol contract. State General Funds ($1,144) ($45,227) ($1,851) ($16,163) ($1,144) ($45,227) ($1,851) ($16,163) ($1,144) ($45,227) ($1,851) ($16,163) 166.100 -Emergency Management Agency, Georgia Appropriation (HB 105) 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 $2,062,867 $2,062,867 $2,062,867 State General Funds $2,062,867 $2,062,867 $2,062,867 TOTAL FEDERAL FUNDS $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 $32,573,905 $32,573,905 $32,573,905 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. FRIDAY, FEBRUARY 22, 2013 593 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $473,461 $473,461 $395,550 $869,011 $473,461 $473,461 $395,550 $869,011 $473,461 $473,461 $395,550 $869,011 167.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 167.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($182) ($13) ($182) ($13) ($182) ($13) 167.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 105) 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 $473,266 $473,266 $473,266 State General Funds $473,266 $473,266 $473,266 TOTAL FEDERAL FUNDS $395,550 $395,550 $395,550 TOTAL PUBLIC FUNDS $868,816 $868,816 $868,816 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,954,848 $5,954,848 $411,930 $500 $500 $500 $6,367,278 $5,954,848 $5,954,848 $411,930 $500 $500 $500 $6,367,278 $5,954,848 $5,954,848 $411,930 $500 $500 $500 $6,367,278 168.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,163 $2,163 $2,163 594 JOURNAL OF THE SENATE 168.2 Reduce funds for operations. State General Funds 168.3 Reduce funds for contracts. State General Funds 168.4 Reduce funds for information technology. State General Funds 168.5 Reduce funds for telecommunications. State General Funds ($50,645) ($71,000) ($57,000) ($3,214) ($50,645) ($71,000) ($57,000) ($3,214) ($50,645) ($71,000) ($57,000) ($3,214) 168.100 -Professional Standards Commission, Georgia Appropriation (HB 105) 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 $5,775,152 $5,775,152 $5,775,152 State General Funds $5,775,152 $5,775,152 $5,775,152 TOTAL FEDERAL FUNDS $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 $6,187,582 $6,187,582 $6,187,582 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 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 FRIDAY, FEBRUARY 22, 2013 595 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $167,689 $167,689 $7,097,318 $167,689 $167,689 $7,097,318 $167,689 $167,689 $7,097,318 169.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 169.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 169.3 Reduce funds for personnel and operations. State General Funds 169.4 Reduce funds for the Customer Service subprogram. State General Funds ($138,458) ($126) ($170,477) ($138,458) ($126) ($170,477) ($138,458) ($126) ($170,477) ($41,827) 169.100 -Consumer Protection, Governor's Office of Appropriation (HB 105) 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 $5,373,504 $5,373,504 $5,331,677 State General Funds $5,373,504 $5,373,504 $5,331,677 TOTAL AGENCY FUNDS $1,414,753 $1,414,753 $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 $500,000 $500,000 $500,000 Sales and Services Not Itemized $500,000 $500,000 $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 $6,788,257 $6,788,257 $6,746,430 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 $0 596 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $0 $73,361,918 $73,361,918 $0 $73,361,918 $73,361,918 $0 $73,361,918 $73,361,918 170.1 Adjust funds. 170.100 -Governor's Office of Workforce Development Appropriation (HB 105) The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce. TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $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 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 171.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 171.2 Reduce funds for personnel and operations. State General Funds ($8) ($17,175) ($8) ($17,175) ($8) ($17,175) 171.100 -Office of the State Inspector General Appropriation (HB 105) 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 $555,303 $555,303 $555,303 State General Funds $555,303 $555,303 $555,303 TOTAL PUBLIC FUNDS $555,303 $555,303 $555,303 FRIDAY, FEBRUARY 22, 2013 597 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 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 172.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 172.2 Reduce funds for personnel. State General Funds 172.3 Reduce funds for contracts. State General Funds $622 ($63,666) ($10,000) $622 ($63,666) ($10,000) $622 ($63,666) ($10,000) 172.100 -Student Achievement, Office of Appropriation (HB 105) 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 $2,382,499 $2,382,499 $2,382,499 $2,382,499 $2,382,499 $2,382,499 $2,382,499 $2,382,499 $2,382,499 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 purposes for which such moneys may be appropriated pursuant to Article 28. The Mansion allowance shall be $40,000. 598 JOURNAL OF THE SENATE Section 27: Human Services, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 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 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 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $491,702,876 $491,702,876 $485,511,070 $485,511,070 $6,191,806 $6,191,806 $995,762,671 $995,762,671 $1,308,661 $1,308,661 $10,191,339 $10,191,339 $15,977,927 $15,977,927 $73,127,428 $73,127,428 $51,766,614 $51,766,614 $60,527,005 $60,527,005 $53,771,331 $53,771,331 $321,190,139 $321,190,139 $321,190,139 $321,190,139 $9,551,600 $9,551,600 $68,433,622 $68,433,622 $46,500 $46,500 $46,500 $46,500 $729,513 $729,513 $729,513 $729,513 $10,221,755 $10,221,755 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $508,249 $508,249 $508,249 $1,556,407,418 $1,556,407,418 $491,702,876 $485,511,070 $6,191,806 $995,762,671 $1,308,661 $10,191,339 $15,977,927 $73,127,428 $51,766,614 $60,527,005 $53,771,331 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,407,418 Section Total - Final $484,100,807 $477,909,001 $487,050,807 $480,859,001 $486,050,807 $479,859,001 FRIDAY, FEBRUARY 22, 2013 599 Tobacco Settlement Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 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 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 TOTAL PUBLIC FUNDS $6,191,806 $994,563,420 $1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,547,606,098 $6,191,806 $994,563,420 $1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,550,556,098 $6,191,806 $994,563,420 $1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,549,556,098 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 $34,257,279 $34,257,279 $53,449,931 $34,257,279 $34,257,279 $53,449,931 $34,257,279 $34,257,279 $53,449,931 600 JOURNAL OF THE SENATE 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 $87,753,710 $87,753,710 $87,753,710 173.100 -Adoption Services Appropriation (HB 105) 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 $53,449,931 $53,449,931 $53,449,931 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 $87,753,710 $87,753,710 $87,753,710 After School Care Continuation Budget The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $15,691,720 $15,500,000 $15,500,000 $15,691,720 $0 $0 $15,691,720 $15,500,000 $15,500,000 $15,691,720 $0 $0 $15,691,720 $15,500,000 $15,500,000 $15,691,720 174.100 -After School Care Appropriation (HB 105) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. FRIDAY, FEBRUARY 22, 2013 601 TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $15,691,720 $15,500,000 $15,500,000 $15,691,720 $15,691,720 $15,500,000 $15,500,000 $15,691,720 $15,691,720 $15,500,000 $15,500,000 $15,691,720 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 Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 175.1 Reduce funds for personnel for one vacant surveyor position. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: ($47,461) ($19,151) ($66,612) ($47,461) ($19,151) ($66,612) ($47,461) ($19,151) ($66,612) 175.100 -Child Care Licensing Appropriation (HB 105) 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 $1,534,531 $1,534,531 $1,534,531 State General Funds $1,534,531 $1,534,531 $1,534,531 TOTAL FEDERAL FUNDS $619,263 $619,263 $619,263 Foster Care Title IV-E CFDA93.658 $619,263 $619,263 $619,263 TOTAL PUBLIC FUNDS $2,153,794 $2,153,794 $2,153,794 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. 602 JOURNAL OF THE SENATE TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $9,082,178 $9,082,178 $9,082,178 Child Care & Development Block Grant CFDA93.575 $9,082,178 $9,082,178 $9,082,178 TOTAL PUBLIC FUNDS $9,082,178 $9,082,178 $9,082,178 176.100 -Child Care Services Appropriation (HB 105) 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 FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 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 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 $24,606,037 $24,606,037 $71,240,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 $24,606,037 $24,606,037 $71,240,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 $24,606,037 $24,606,037 $71,240,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 177.1 Reduce funds for personnel for 35 vacant positions. State General Funds 177.2 Reduce funds for operations. State General Funds ($526,670) ($526,670) ($526,670) ($145,507) ($145,507) ($145,507) FRIDAY, FEBRUARY 22, 2013 603 177.100 -Child Support Services Appropriation (HB 105) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $23,933,860 $23,933,860 $23,933,860 State General Funds $23,933,860 $23,933,860 $23,933,860 TOTAL FEDERAL FUNDS $69,935,478 $69,935,478 $69,935,478 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 $97,106,598 $97,106,598 $97,106,598 Child Welfare Services Continuation Budget The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 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 $92,366,911 $92,366,911 $148,169,258 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $112,489 $112,489 $249,148,658 $92,366,911 $92,366,911 $148,169,258 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $112,489 $112,489 $249,148,658 $92,366,911 $92,366,911 $148,169,258 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $112,489 $112,489 $249,148,658 604 JOURNAL OF THE SENATE 178.1 Reduce funds for the appropriation in line 178.101. Temporary Assistance for Needy Families Grant CFDA93.558 ($250,000) ($250,000) ($250,000) 178.100 -Child Welfare Services Appropriation (HB 105) The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. TOTAL STATE FUNDS $92,366,911 $92,366,911 $92,366,911 State General Funds $92,366,911 $92,366,911 $92,366,911 TOTAL FEDERAL FUNDS $147,919,258 $147,919,258 $147,919,258 CCDF Mandatory & Matching Funds CFDA93.596 $189,956 $189,956 $189,956 Foster Care Title IV-E CFDA93.658 $29,203,771 $29,203,771 $29,203,771 Medical Assistance Program CFDA93.778 $159,050 $159,050 $159,050 Social Services Block Grant CFDA93.667 $9,089,845 $9,089,845 $9,089,845 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 $112,489 $112,489 $112,489 State Funds Transfers $112,489 $112,489 $112,489 Agency to Agency Contracts $112,489 $112,489 $112,489 TOTAL PUBLIC FUNDS $248,898,658 $248,898,658 $248,898,658 178.101 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 $0 $0 $15,884,951 $0 $0 $15,884,951 $0 $0 $15,884,951 FRIDAY, FEBRUARY 22, 2013 605 Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 179.100 -Community Services Appropriation (HB 105) 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 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 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 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 $37,586,501 $37,586,501 $47,368,168 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 $37,586,501 $37,586,501 $47,368,168 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 $37,586,501 $37,586,501 $47,368,168 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 606 JOURNAL OF THE SENATE 180.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,475,827) ($1,475,827) ($1,475,827) 180.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($8,906) ($8,906) ($8,906) 180.3 Reduce funds for personnel. State General Funds ($339,543) ($339,543) ($339,543) 180.4 Reduce funds for operations. State General Funds ($86,266) ($86,266) ($86,266) 180.5 Reduce funds for information technology contracts. State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Total Public Funds: ($717,450) ($107,687) ($110,950) ($936,087) ($717,450) ($107,687) ($110,950) ($936,087) ($717,450) ($107,687) ($110,950) ($936,087) 180.6 Reduce funds for information technology. State General Funds ($81,110) ($81,110) ($81,110) 180.7 Reduce funds added in HB742 (2012 Session) for the Liberty County Division of Family and Children Services (DFCS) Office. State General Funds ($50,000) ($50,000) 180.8 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,000,000 $2,000,000 180.100 -Departmental Administration Appropriation (HB 105) 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 $34,877,399 $36,827,399 $36,827,399 State General Funds $34,877,399 $36,827,399 $36,827,399 TOTAL FEDERAL FUNDS $47,041,845 $47,041,845 $47,041,845 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 FRIDAY, FEBRUARY 22, 2013 607 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 $92,976 $5,590,134 $200,000 $4,437,952 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $97,207,311 $92,976 $5,590,134 $200,000 $4,437,952 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $99,157,311 $92,976 $5,590,134 $200,000 $4,437,952 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $99,157,311 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 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $14,212,422 $14,212,422 $3,573,433 $500,000 $2,279,539 $17,785,855 $14,212,422 $14,212,422 $3,573,433 $500,000 $2,279,539 $17,785,855 $14,212,422 $14,212,422 $3,573,433 $500,000 $2,279,539 $17,785,855 181.1 Reduce funds for personnel. State General Funds ($55,819) ($55,819) ($55,819) 181.100 -Elder Abuse Investigations and Prevention Appropriation (HB 105) 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 $14,156,603 $14,156,603 $14,156,603 State General Funds $14,156,603 $14,156,603 $14,156,603 TOTAL FEDERAL FUNDS $3,573,433 $3,573,433 $3,573,433 Medical Assistance Program CFDA93.778 $500,000 $500,000 $500,000 608 JOURNAL OF THE SENATE Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $2,279,539 $17,730,036 $2,279,539 $17,730,036 $2,279,539 $17,730,036 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 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $71,786,918 $66,713,041 $5,073,877 $41,416,802 $13,765,259 $3,761,430 $113,203,720 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $13,765,259 $3,761,430 $113,203,720 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $13,765,259 $3,761,430 $113,203,720 182.1 Reduce funds to reflect a revised expenditure projection for the Community Care Services Program. State General Funds ($2,638,656) ($2,638,656) ($2,638,656) 182.100 -Elder Community Living Services Appropriation (HB 105) 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 $69,148,262 $69,148,262 $69,148,262 State General Funds $64,074,385 $64,074,385 $64,074,385 Tobacco Settlement Funds $5,073,877 $5,073,877 $5,073,877 TOTAL FEDERAL FUNDS $41,416,802 $41,416,802 $41,416,802 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 $110,565,064 $110,565,064 $110,565,064 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. FRIDAY, FEBRUARY 22, 2013 609 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $2,854,249 $1,736,320 $1,117,929 $5,866,268 $8,720,517 $2,854,249 $1,736,320 $1,117,929 $5,866,268 $8,720,517 $2,854,249 $1,736,320 $1,117,929 $5,866,268 $8,720,517 183.100 -Elder Support Services Appropriation (HB 105) 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 TOTAL PUBLIC FUNDS $8,720,517 $8,720,517 $8,720,517 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 PUBLIC FUNDS $0 $0 $51,201,001 $51,201,001 $51,201,001 $0 $0 $51,201,001 $51,201,001 $51,201,001 $0 $0 $51,201,001 $51,201,001 $51,201,001 184.100 -Energy Assistance Appropriation (HB 105) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $51,201,001 $51,201,001 $51,201,001 Low-Income Home Energy Assistance CFDA93.568 $51,201,001 $51,201,001 $51,201,001 TOTAL PUBLIC FUNDS $51,201,001 $51,201,001 $51,201,001 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. 610 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $11,802,450 $11,802,450 $2,083,044 $13,885,494 $11,802,450 $11,802,450 $2,083,044 $13,885,494 $11,802,450 $11,802,450 $2,083,044 $13,885,494 185.100 -Family Violence Services Appropriation (HB 105) 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 $11,802,450 $11,802,450 $11,802,450 State General Funds $11,802,450 $11,802,450 $11,802,450 TOTAL FEDERAL FUNDS $2,083,044 $2,083,044 $2,083,044 TOTAL PUBLIC FUNDS $13,885,494 $13,885,494 $13,885,494 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 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 $103,489,119 $103,489,119 $126,313,967 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 $103,489,119 $103,489,119 $126,313,967 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 $103,489,119 $103,489,119 $126,313,967 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 FRIDAY, FEBRUARY 22, 2013 611 186.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($352,389) ($352,389) ($352,389) 186.100 -Federal Eligibility Benefit Services Appropriation (HB 105) 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 $103,136,730 $103,136,730 $103,136,730 State General Funds $103,136,730 $103,136,730 $103,136,730 TOTAL FEDERAL FUNDS $126,313,967 $126,313,967 $126,313,967 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 $365,613 $365,613 $365,613 Medical Assistance Program CFDA93.778 $40,832,012 $40,832,012 $40,832,012 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 $239,684,861 $239,684,861 $239,684,861 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 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 612 JOURNAL OF THE SENATE 187.100 -Federal Fund Transfers to Other Agencies Appropriation (HB 105) 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 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 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 Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $67,637,113 $67,637,113 $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,165,886 $67,637,113 $67,637,113 $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,165,886 $67,637,113 $67,637,113 $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,165,886 188.1 Reduce funds added in HB742 (2012 Session) for KidsPeace. State General Funds ($50,000) ($50,000) ($50,000) 188.2 Utilize surplus Temporary Assistance for Needy Families (TANF) funds for increase in out-of-home care utilization. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 188.100 -Out of Home Care Appropriation (HB 105) 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 $67,587,113 $67,587,113 $67,587,113 State General Funds $67,587,113 $67,587,113 $67,587,113 FRIDAY, FEBRUARY 22, 2013 613 TOTAL FEDERAL FUNDS Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,115,886 $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,115,886 $126,528,773 $34,705,392 $91,734,359 $91,734,359 $194,115,886 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 TOTAL PUBLIC FUNDS $0 $0 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 189.100 -Refugee Assistance Appropriation (HB 105) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $8,749,006 $8,749,006 $8,749,006 TOTAL PUBLIC FUNDS $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 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 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 614 JOURNAL OF THE SENATE 190.100 -Support for Needy Families - Basic Assistance Appropriation (HB 105) 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 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 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $21,725,483 $21,363,310 $21,363,310 $21,725,483 $0 $0 $21,725,483 $21,363,310 $21,363,310 $21,725,483 $0 $0 $21,725,483 $21,363,310 $21,363,310 $21,725,483 191.100 -Support for Needy Families - Work Assistance Appropriation (HB 105) 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $21,725,483 $21,363,310 $21,363,310 $21,725,483 $21,725,483 $21,363,310 $21,363,310 $21,725,483 $21,725,483 $21,363,310 $21,363,310 $21,725,483 FRIDAY, FEBRUARY 22, 2013 615 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 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 192.1 Reduce funds for personnel. State General Funds ($6,154) ($6,154) ($6,154) 192.100 -Council on Aging Appropriation (HB 105) 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 $198,973 $198,973 $198,973 State General Funds $198,973 $198,973 $198,973 TOTAL PUBLIC FUNDS $198,973 $198,973 $198,973 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 TOTAL PUBLIC FUNDS $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 193.1 Reduce funds for personnel for two vacant positions. State General Funds 193.2 Replace funds. State General Funds ($76,040) ($76,040) ($76,040) ($451,037) ($451,037) ($451,037) 616 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 Total Public Funds: $451,037 $0 $451,037 $0 $451,037 $0 193.100 -Family Connection Appropriation (HB 105) The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $8,505,148 $8,505,148 $8,505,148 State General Funds $8,505,148 $8,505,148 $8,505,148 TOTAL FEDERAL FUNDS $1,172,819 $1,172,819 $1,172,819 Medical Assistance Program CFDA93.778 $1,172,819 $1,172,819 $1,172,819 TOTAL PUBLIC FUNDS $9,677,967 $9,677,967 $9,677,967 Georgia Vocational Rehabilitation Agency: 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 TOTAL PUBLIC FUNDS $267,655 $267,655 $2,311,624 $2,579,279 $267,655 $267,655 $2,311,624 $2,579,279 $267,655 $267,655 $2,311,624 $2,579,279 194.100 -Georgia Vocational Rehabilitation Agency: Business Enterprise Program Appropriation (HB 105) 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 $267,655 $267,655 State General Funds $267,655 $267,655 $267,655 TOTAL FEDERAL FUNDS $2,311,624 $2,311,624 $2,311,624 TOTAL PUBLIC FUNDS $2,579,279 $2,579,279 $2,579,279 Georgia Vocational Rehabilitation Agency: Departmental 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. FRIDAY, FEBRUARY 22, 2013 617 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $1,401,526 $1,401,526 $2,335,411 $3,736,937 $1,401,526 $1,401,526 $2,335,411 $3,736,937 $1,401,526 $1,401,526 $2,335,411 $3,736,937 195.1 Reduce funds for personnel. State General Funds ($152,667) ($152,667) ($152,667) 195.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration Appropriation (HB 105) 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 $1,248,859 $1,248,859 $1,248,859 State General Funds $1,248,859 $1,248,859 $1,248,859 TOTAL FEDERAL FUNDS $2,335,411 $2,335,411 $2,335,411 TOTAL PUBLIC FUNDS $3,584,270 $3,584,270 $3,584,270 Georgia Vocational Rehabilitation Agency: Disability Adjudication Section 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 TOTAL PUBLIC FUNDS $0 $0 $55,598,820 $55,598,820 $0 $0 $55,598,820 $55,598,820 $0 $0 $55,598,820 $55,598,820 196.100 -Georgia Vocational Rehabilitation Agency: Disability Adjudication Section Appropriation (HB 105) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 618 JOURNAL OF THE SENATE Georgia Vocational Rehabilitation Agency: 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 $11,828,888 197.100 -Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind Appropriation (HB 105) 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 Georgia Vocational Rehabilitation Agency: 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 $5,484,053 $5,484,053 $6,994,089 $5,484,053 $5,484,053 $6,994,089 $5,484,053 $5,484,053 $6,994,089 FRIDAY, FEBRUARY 22, 2013 619 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $18,888,287 $18,888,287 $18,888,287 $31,366,429 $18,888,287 $18,888,287 $18,888,287 $31,366,429 $18,888,287 $18,888,287 $18,888,287 $31,366,429 198.1 Transfer funds from the Vocational Rehabilitation program to the Roosevelt Warm Springs Institute program to align budget with expenditures. State General Funds $145,431 $145,431 $145,431 198.2 Increase funds based on projected expenditures. State General Funds $1,000,000 $0 198.100 -Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute Appropriation (HB 105) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $5,629,484 $6,629,484 $5,629,484 State General Funds $5,629,484 $6,629,484 $5,629,484 TOTAL FEDERAL FUNDS $6,994,089 $6,994,089 $6,994,089 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 PUBLIC FUNDS $31,511,860 $32,511,860 $31,511,860 Georgia Vocational Rehabilitation Agency: 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,031,299 $13,031,299 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 $13,031,299 $13,031,299 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 $13,031,299 $13,031,299 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 620 JOURNAL OF THE SENATE 199.1 Reduce funds for personnel. State General Funds ($390,567) ($390,567) ($390,567) 199.2 Transfer funds from the Vocational Rehabilitation program to the Roosevelt Warm Springs Institute program to align budget with expenditures. State General Funds ($145,431) ($145,431) ($145,431) 199.100 -Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $12,495,301 State General Funds $12,495,301 TOTAL FEDERAL FUNDS $65,667,153 TOTAL AGENCY FUNDS $806,216 Sales and Services $806,216 Sales and Services Not Itemized $806,216 TOTAL PUBLIC FUNDS $78,968,670 Appropriation (HB 105) $12,495,301 $12,495,301 $65,667,153 $806,216 $806,216 $806,216 $78,968,670 $12,495,301 $12,495,301 $65,667,153 $806,216 $806,216 $806,216 $78,968,670 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. FRIDAY, FEBRUARY 22, 2013 621 Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment. Section 28: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 $18,967,615 $18,967,615 $18,967,615 $18,967,615 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $81,806 $81,806 $81,806 $21,191,813 $21,191,813 $18,967,615 $18,967,615 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,191,813 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 $19,109,823 $19,109,823 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,334,021 $18,964,945 $18,964,945 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,189,143 $18,964,945 $18,964,945 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,189,143 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. 622 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 200.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 200.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $8,605 ($397) $8,605 ($397) $8,605 ($397) 200.100 -Departmental Administration Appropriation (HB 105) 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 $1,707,714 $1,707,714 $1,707,714 State General Funds $1,707,714 $1,707,714 $1,707,714 TOTAL PUBLIC FUNDS $1,707,714 $1,707,714 $1,707,714 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 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 201.100 -Enforcement Appropriation (HB 105) 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 FRIDAY, FEBRUARY 22, 2013 623 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 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 $7,403,077 $7,403,077 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 $7,403,077 $7,403,077 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 $7,403,077 $7,403,077 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 202.1 Reduce funds for personnel. State General Funds ($223,667) 202.2 Eliminate funds for the Department of Labor contract for information technology services. State General Funds ($28,047) 202.3 Reduce funds for operations. State General Funds ($8,332) 202.4 Reduce funds to align budget with expenditures. State General Funds ($144,832) ($223,667) ($28,047) ($8,332) ($144,832) ($223,667) ($28,047) ($8,332) ($144,832) 202.100 -Fire Safety Appropriation (HB 105) 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. 624 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 $6,998,199 $6,998,199 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,218,538 $6,998,199 $6,998,199 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,218,538 $6,998,199 $6,998,199 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,218,538 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 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 203.100 -Industrial Loan Appropriation (HB 105) 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 $5,037,835 $5,037,835 $5,037,835 $5,037,835 $5,037,835 $5,037,835 FRIDAY, FEBRUARY 22, 2013 625 TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $1,003,859 $6,041,694 $1,003,859 $6,041,694 $1,003,859 $6,041,694 204.1 Reduce funds for personnel. State General Funds ($61,122) ($206,000) ($206,000) 204.100 -Insurance Regulation Appropriation (HB 105) 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 $4,976,713 $4,831,835 $4,831,835 State General Funds $4,976,713 $4,831,835 $4,831,835 TOTAL FEDERAL FUNDS $1,003,859 $1,003,859 $1,003,859 TOTAL PUBLIC FUNDS $5,980,572 $5,835,694 $5,835,694 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 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 205.1 Increase funds to reflect increased assessments on insurance providers to provide for additional fraud detection coverage. State General Funds $600,000 $600,000 $600,000 205.100 -Special Fraud Appropriation (HB 105) 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 $4,037,712 626 JOURNAL OF THE SENATE Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $80,216,268 $80,216,268 $80,216,268 $80,216,268 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $128,256,527 $128,256,527 $80,216,268 $80,216,268 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $128,256,527 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $79,472,917 $79,472,917 $27,148,061 $22,532,237 $22,532,237 $22,532,237 $129,153,215 $79,005,139 $79,005,139 $27,148,061 $22,487,237 $22,487,237 $22,487,237 $128,640,437 $79,295,516 $79,295,516 $27,148,061 $22,487,237 $22,487,237 $22,487,237 $128,930,814 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 TOTAL PUBLIC FUNDS $7,275,139 $7,275,139 $30,000 $7,305,139 $7,275,139 $7,275,139 $30,000 $7,305,139 $7,275,139 $7,275,139 $30,000 $7,305,139 206.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 206.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $1,048,486 ($57,982) $1,048,486 ($5,928) $1,048,486 ($5,928) FRIDAY, FEBRUARY 22, 2013 627 206.3 Reduce funds for contracts. State General Funds 206.4 Reduce funds for personnel. State General Funds ($69,684) $0 ($50,000) ($69,684) $0 206.100 -Bureau Administration Appropriation (HB 105) 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 $8,195,959 $8,267,697 $8,248,013 State General Funds $8,195,959 $8,267,697 $8,248,013 TOTAL FEDERAL FUNDS $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $8,225,959 $8,297,697 $8,278,013 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,153,521 $6,153,521 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 $6,153,521 $6,153,521 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 $6,153,521 $6,153,521 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 207.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($45,557) ($17,796) ($17,796) 207.2 Replace funds for operations and reflect a mid-year increase in Criminal Background Check Fees by $7.00. State General Funds Sales and Services Not Itemized Total Public Funds: ($1,640,039) $1,640,039 $0 ($1,595,039) $1,595,039 $0 ($1,595,039) $1,595,039 $0 628 JOURNAL OF THE SENATE 207.100 -Criminal Justice Information Services Appropriation (HB 105) 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 $4,467,925 $4,540,686 $4,540,686 State General Funds $4,467,925 $4,540,686 $4,540,686 TOTAL FEDERAL FUNDS $181,425 $181,425 $181,425 TOTAL AGENCY FUNDS $5,619,412 $5,574,412 $5,574,412 Sales and Services $5,619,412 $5,574,412 $5,574,412 Sales and Services Not Itemized $5,619,412 $5,574,412 $5,574,412 TOTAL PUBLIC FUNDS $10,268,762 $10,296,523 $10,296,523 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $26,558,210 $26,558,210 $81,131 $157,865 $157,865 $157,865 $26,797,206 $26,558,210 $26,558,210 $81,131 $157,865 $157,865 $157,865 $26,797,206 $26,558,210 $26,558,210 $81,131 $157,865 $157,865 $157,865 $26,797,206 208.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 208.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 208.3 Reduce funds for personnel. State General Funds $300,000 ($149,096) ($96,055) $300,000 ($99,828) ($96,055) $300,000 ($99,828) ($96,055) FRIDAY, FEBRUARY 22, 2013 629 208.100 -Forensic Scientific Services Appropriation (HB 105) 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 $26,613,059 $26,662,327 $26,662,327 State General Funds $26,613,059 $26,662,327 $26,662,327 TOTAL FEDERAL FUNDS $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 $26,852,055 $26,901,323 $26,901,323 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $28,244,689 $28,244,689 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 $28,244,689 $28,244,689 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 $28,244,689 $28,244,689 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 209.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 209.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 209.3 Reduce funds for personnel. $300,000 ($161,521) $300,000 ($18,444) $300,000 ($18,444) 630 JOURNAL OF THE SENATE State General Funds ($109,503) ($109,503) ($109,503) 209.4 Reduce funds for telecommunications by eliminating landlines for staff employees who have business cell phones. State General Funds ($55,877) ($9,313) ($37,252) 209.100 -Regional Investigative Services Appropriation (HB 105) 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 $28,217,788 $28,407,429 $28,379,490 State General Funds $28,217,788 $28,407,429 $28,379,490 TOTAL FEDERAL FUNDS $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 $29,663,353 $29,852,994 $29,825,055 Criminal Justice Coordinating Council Continuation Budget The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,984,709 $11,984,709 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 $11,984,709 $11,984,709 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 $11,984,709 $11,984,709 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 210.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,008 $4,008 $4,008 FRIDAY, FEBRUARY 22, 2013 631 210.2 Reduce funds for temporary labor contracts. State General Funds 210.3 Reduce funds to reflect projected Accountability Court expenditures. State General Funds ($10,531) ($10,531) ($10,531) ($851,186) ($513,186) 210.100 -Criminal Justice Coordinating Council Appropriation (HB 105) 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 $11,978,186 $11,127,000 $11,465,000 State General Funds $11,978,186 $11,127,000 $11,465,000 TOTAL FEDERAL FUNDS $25,614,622 $25,614,622 $25,614,622 TOTAL AGENCY FUNDS $16,550,278 $16,550,278 $16,550,278 Sales and Services $16,550,278 $16,550,278 $16,550,278 Sales and Services Not Itemized $16,550,278 $16,550,278 $16,550,278 TOTAL PUBLIC FUNDS $54,143,086 $53,291,900 $53,629,900 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Section Total - Continuation $300,747,134 $300,747,134 $300,747,134 $300,747,134 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $5,265,842 $5,265,842 $1,531,226 $1,531,226 $351,158 $351,158 $3,383,458 $3,383,458 $307,619,016 $307,619,016 $300,747,134 $300,747,134 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,619,016 632 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Section Total - Final $292,465,916 $292,465,916 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $299,337,798 $292,465,916 $292,465,916 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $299,337,798 $292,465,916 $292,465,916 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $299,337,798 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 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 211.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 211.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $189,496 ($2,315) $189,496 ($2,315) $189,496 ($2,315) FRIDAY, FEBRUARY 22, 2013 633 211.3 Reduce funds for personnel. State General Funds ($803,574) ($803,574) ($803,574) 211.4 Reduce funds for contracts in low utilization programs. State General Funds ($4,881,867) ($4,881,867) ($4,881,867) 211.5 Reduce funds for contracts by switching 114 non-secure detention monitoring slots not in independent court districts to active GPS monitoring. State General Funds ($696,811) ($696,811) ($696,811) 211.99 SAC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. House: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. Governor: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. State General Funds $0 $0 $0 634 JOURNAL OF THE SENATE 211.100 -Community Services Appropriation (HB 105) 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. TOTAL STATE FUNDS $82,565,306 $82,565,306 $82,565,306 State General Funds $82,565,306 $82,565,306 $82,565,306 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,724,638 $1,724,638 $1,724,638 Federal Funds Transfers $1,724,638 $1,724,638 $1,724,638 FF Foster Care Title IV-E CFDA93.658 $1,373,480 $1,373,480 $1,373,480 FF Medical Assistance Program CFDA93.778 $351,158 $351,158 $351,158 TOTAL PUBLIC FUNDS $84,289,944 $84,289,944 $84,289,944 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 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 $26,944,170 $26,944,170 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 $26,944,170 $26,944,170 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 $26,944,170 $26,944,170 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 212.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $227,725 $227,725 $227,725 FRIDAY, FEBRUARY 22, 2013 635 212.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 212.3 Reduce funds for personnel. State General Funds ($6,693) ($301,030) ($6,693) ($301,030) ($6,693) ($301,030) 212.100 -Departmental Administration Appropriation (HB 105) 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 $26,864,172 $26,864,172 $26,864,172 State General Funds $26,864,172 $26,864,172 $26,864,172 TOTAL FEDERAL FUNDS $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 $27,414,054 $27,414,054 $27,414,054 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers $81,513,332 $81,513,332 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $81,513,332 $81,513,332 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $81,513,332 $81,513,332 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 636 JOURNAL OF THE SENATE FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $1,554,610 $84,180,891 $1,554,610 $84,180,891 $1,554,610 $84,180,891 213.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $83,371 $83,371 $83,371 213.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($45,066) ($45,066) ($45,066) 213.3 Reduce funds for personnel. State General Funds ($729,574) ($729,574) ($729,574) 213.4 Reduce funds for personnel by eliminating two recreation staff positions at Eastman Youth Development Campus (YDC) effective January 1, 2013. State General Funds ($29,575) ($29,575) ($29,575) 213.5 Reduce funds for operations related to education services at multiple Youth Development Campuses (YDCs). State General Funds ($483,670) ($483,670) ($483,670) 213.100 -Secure Commitment (YDCs) Appropriation (HB 105) 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 $80,308,818 $80,308,818 $80,308,818 State General Funds $80,308,818 $80,308,818 $80,308,818 TOTAL FEDERAL FUNDS $1,089,360 $1,089,360 $1,089,360 TOTAL AGENCY FUNDS $23,589 $23,589 $23,589 Sales and Services $23,589 $23,589 $23,589 Sales and Services Not Itemized $23,589 $23,589 $23,589 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,554,610 $1,554,610 $1,554,610 Federal Funds Transfers $1,554,610 $1,554,610 $1,554,610 FF National School Lunch Program CFDA10.555 $1,554,610 $1,554,610 $1,554,610 TOTAL PUBLIC FUNDS $82,976,377 $82,976,377 $82,976,377 FRIDAY, FEBRUARY 22, 2013 637 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 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 $103,529,255 $103,529,255 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $103,529,255 $103,529,255 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $103,529,255 $103,529,255 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 214.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 214.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 214.3 Reduce funds for personnel. State General Funds $111,080 ($46,118) ($866,597) $111,080 ($46,118) ($866,597) $111,080 ($46,118) ($866,597) 214.100 -Secure Detention (RYDCs) Appropriation (HB 105) 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 $102,727,620 $102,727,620 $102,727,620 State General Funds $102,727,620 $102,727,620 $102,727,620 TOTAL FEDERAL FUNDS $58,758 $58,758 $58,758 TOTAL AGENCY FUNDS $42,197 $42,197 $42,197 638 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 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $104,657,423 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $104,657,423 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $104,657,423 Section 31: Labor, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $14,406,411 $14,406,411 $14,406,411 $14,406,411 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $136,831,603 $136,831,603 $14,406,411 $14,406,411 $122,284,919 $140,273 $140,273 $140,273 $136,831,603 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $13,735,317 $13,735,317 $122,284,919 $140,273 $140,273 $140,273 $136,160,509 $13,735,317 $13,735,317 $122,284,919 $140,273 $140,273 $140,273 $136,160,509 $13,735,317 $13,735,317 $122,284,919 $140,273 $140,273 $140,273 $136,160,509 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 $1,818,382 $1,818,382 $31,312,292 $1,818,382 $1,818,382 $31,312,292 $1,818,382 $1,818,382 $31,312,292 FRIDAY, FEBRUARY 22, 2013 639 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 215.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 215.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 215.3 Reduce funds for personnel and eliminate one filled position. State General Funds 215.4 Reduce funds for operations. State General Funds $140,273 $140,273 $140,273 $33,270,947 ($1,877) ($5,590) ($171,736) ($286,931) $140,273 $140,273 $140,273 $33,270,947 ($1,877) ($5,590) ($171,736) ($286,931) $140,273 $140,273 $140,273 $33,270,947 ($1,877) ($5,590) ($171,736) ($286,931) 215.100 -Department of Labor Administration Appropriation (HB 105) 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 $1,352,248 $1,352,248 $1,352,248 State General Funds $1,352,248 $1,352,248 $1,352,248 TOTAL FEDERAL FUNDS $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 $32,804,813 $32,804,813 $32,804,813 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 TOTAL PUBLIC FUNDS $0 $0 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 640 JOURNAL OF THE SENATE 216.100 -Labor Market Information Appropriation (HB 105) 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 TOTAL PUBLIC FUNDS $2,249,873 $2,249,873 $2,249,873 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 TOTAL PUBLIC FUNDS $5,789,691 $5,789,691 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $54,962,877 217.100 -Unemployment Insurance Appropriation (HB 105) 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 TOTAL PUBLIC FUNDS $54,962,877 $54,962,877 $54,962,877 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 TOTAL PUBLIC FUNDS 218.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 218.2 Reduce funds for personnel for four filled positions. State General Funds $6,798,338 $6,798,338 $39,549,568 $46,347,906 $6,798,338 $6,798,338 $39,549,568 $46,347,906 $6,798,338 $6,798,338 $39,549,568 $46,347,906 ($1,010) ($1,010) ($1,010) ($203,950) ($203,950) ($203,950) FRIDAY, FEBRUARY 22, 2013 641 218.100 -Workforce Solutions Appropriation (HB 105) 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 $6,593,378 $6,593,378 $6,593,378 State General Funds $6,593,378 $6,593,378 $6,593,378 TOTAL FEDERAL FUNDS $39,549,568 $39,549,568 $39,549,568 TOTAL PUBLIC FUNDS $46,142,946 $46,142,946 $46,142,946 Section 32: Law, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL 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 Section Total - Continuation $18,838,265 $18,838,265 $18,838,265 $18,838,265 $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 $59,813,688 $59,813,688 $18,838,265 $18,838,265 $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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 - Final $18,777,783 $18,777,783 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $18,777,783 $18,777,783 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $18,777,783 $18,777,783 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 642 JOURNAL OF THE SENATE Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS $34,350,000 $1,967,074 $59,753,206 $34,350,000 $1,967,074 $59,753,206 $34,350,000 $1,967,074 $59,753,206 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 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS 219.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 219.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General 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 ($55,396) ($269) $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 ($55,396) ($269) $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 ($55,396) ($269) 219.100 -Law, Department of Appropriation (HB 105) 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 $17,646,942 $17,646,942 $17,646,942 State General Funds $17,646,942 $17,646,942 $17,646,942 TOTAL AGENCY FUNDS $269,940 $269,940 $269,940 FRIDAY, FEBRUARY 22, 2013 643 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 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,022,264 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,022,264 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,022,264 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,135,658 $1,135,658 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 $1,135,658 $1,135,658 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 $1,135,658 $1,135,658 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 220.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,817) ($4,817) ($4,817) 220.100 -Medicaid Fraud Control Unit Appropriation (HB 105) 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 $1,130,841 $1,130,841 $1,130,841 State General Funds $1,130,841 $1,130,841 $1,130,841 TOTAL FEDERAL FUNDS $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 $4,730,942 $4,730,942 $4,730,942 644 JOURNAL OF THE SENATE Section 33: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS 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 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 $92,055,099 $92,055,099 $92,055,099 $92,055,099 $54,101,622 $54,101,622 $11,607 $11,607 $107,279,338 $107,279,338 $541,002 $541,002 $541,002 $541,002 $115,313 $115,313 $115,313 $115,313 $2,232,646 $2,232,646 $2,232,646 $2,232,646 $3,657 $3,657 $3,657 $3,657 $56,953 $56,953 $56,953 $56,953 $104,220,326 $104,220,326 $103,165,308 $103,165,308 $1,055,018 $1,055,018 $109,441 $109,441 $109,441 $109,441 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $253,466,059 $253,466,059 Section Total - Final TOTAL STATE FUNDS $89,928,002 State General Funds $89,928,002 TOTAL FEDERAL FUNDS $54,101,622 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 TOTAL AGENCY FUNDS $107,279,338 Contributions, Donations, and Forfeitures $541,002 $89,928,002 $89,928,002 $54,101,622 $11,607 $107,279,338 $541,002 $92,055,099 $92,055,099 $54,101,622 $11,607 $107,279,338 $541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $253,466,059 $89,928,002 $89,928,002 $54,101,622 $11,607 $107,279,338 $541,002 FRIDAY, FEBRUARY 22, 2013 645 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 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 $541,002 $115,313 $115,313 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $251,338,962 $541,002 $115,313 $115,313 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $251,338,962 $541,002 $115,313 $115,313 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $103,165,308 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $251,338,962 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 $2,114,490 $2,114,490 $2,114,490 State General Funds $2,114,490 $2,114,490 $2,114,490 TOTAL FEDERAL FUNDS $4,470,663 $4,470,663 $4,470,663 TOTAL AGENCY FUNDS $110,329 $110,329 $110,329 Contributions, Donations, and Forfeitures $81,001 $81,001 $81,001 Contributions, Donations, and Forfeitures Not Itemized $81,001 $81,001 $81,001 Royalties and Rents $29,328 $29,328 $29,328 Royalties and Rents Not Itemized $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $6,695,482 $6,695,482 $6,695,482 646 JOURNAL OF THE SENATE 221.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 221.2 Reduce funds for operations and replace with federal funds. State General Funds 221.3 Reduce funds for operations. State General Funds $17,212 ($69,698) ($20,000) $17,212 ($69,698) ($20,000) $17,212 ($69,698) ($20,000) 221.100 -Coastal Resources Appropriation (HB 105) 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 $2,042,004 $2,042,004 $2,042,004 State General Funds $2,042,004 $2,042,004 $2,042,004 TOTAL FEDERAL FUNDS $4,470,663 $4,470,663 $4,470,663 TOTAL AGENCY FUNDS $110,329 $110,329 $110,329 Contributions, Donations, and Forfeitures $81,001 $81,001 $81,001 Contributions, Donations, and Forfeitures Not Itemized $81,001 $81,001 $81,001 Royalties and Rents $29,328 $29,328 $29,328 Royalties and Rents Not Itemized $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $6,622,996 $6,622,996 $6,622,996 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 TOTAL AGENCY FUNDS Sales and Services $11,559,274 $11,559,274 $110,000 $39,065 $39,065 $11,559,274 $11,559,274 $110,000 $39,065 $39,065 $11,559,274 $11,559,274 $110,000 $39,065 $39,065 FRIDAY, FEBRUARY 22, 2013 647 Sales and Services Not Itemized TOTAL PUBLIC FUNDS 222.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 222.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 222.3 Reduce funds for operations. State General Funds $39,065 $11,708,339 $91,583 ($147,804) ($45,896) $39,065 $11,708,339 $91,583 ($147,804) ($45,896) $39,065 $11,708,339 $91,583 ($147,804) ($45,896) 222.100 -Departmental Administration Appropriation (HB 105) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,457,157 $11,457,157 $11,457,157 State General Funds $11,457,157 $11,457,157 $11,457,157 TOTAL FEDERAL FUNDS $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 $11,606,222 $11,606,222 $11,606,222 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. 648 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,928,053 $25,928,053 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187 $25,928,053 $25,928,053 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187 $25,928,053 $25,928,053 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187 223.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 223.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 223.3 Reduce funds for personnel and eliminate six vacant positions. State General Funds 223.4 Reduce funds for contracts. State General Funds $201,686 ($4,148) ($606,391) ($240,000) $201,686 ($4,148) ($606,391) ($240,000) $201,686 ($4,148) ($606,391) ($240,000) 223.100 -Environmental Protection Appropriation (HB 105) 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 $25,279,200 $25,279,200 $25,279,200 State General Funds $25,279,200 $25,279,200 $25,279,200 TOTAL FEDERAL FUNDS $32,861,619 $32,861,619 $32,861,619 FRIDAY, FEBRUARY 22, 2013 649 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $56,778,515 $56,778,515 $56,778,515 $114,919,334 $56,778,515 $56,778,515 $56,778,515 $114,919,334 $56,778,515 $56,778,515 $56,778,515 $114,919,334 Hazardous Waste Trust Fund Continuation Budget The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost- sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 224.1 Retain 100% of funds and utilize for clean-up activities, local government reimbursement requests, and operations. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 224.100 -Hazardous Waste Trust Fund Appropriation (HB 105) 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 $1,306,663 $1,306,663 $1,306,663 $1,306,663 $1,306,663 $1,306,663 650 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $1,020,787 $11,607 $2,327,450 $1,020,787 $11,607 $2,327,450 $1,020,787 $11,607 $2,327,450 225.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 225.2 Reduce funds for personnel and replace with federal funds. State General Funds $11,279 ($18,316) $11,279 ($18,316) $11,279 ($18,316) 225.100 -Historic Preservation Appropriation (HB 105) 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 $1,299,626 $1,299,626 $1,299,626 State General Funds $1,299,626 $1,299,626 $1,299,626 TOTAL FEDERAL FUNDS $1,020,787 $1,020,787 $1,020,787 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $11,607 $11,607 TOTAL PUBLIC FUNDS $2,320,413 $2,320,413 $2,320,413 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized $13,696,318 $13,696,318 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 $13,696,318 $13,696,318 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 $13,696,318 $13,696,318 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 FRIDAY, FEBRUARY 22, 2013 651 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $38,887,593 $38,887,593 $56,881,301 $38,887,593 $38,887,593 $56,881,301 $38,887,593 $38,887,593 $56,881,301 226.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 226.2 Reduce funds for operations. State General Funds 226.3 Reduce funds for personnel and eliminate two filled positions. State General Funds $108,177 $108,177 $108,177 ($62,073) ($62,073) ($62,073) ($356,658) ($356,658) ($356,658) 226.100 -Parks, Recreation and Historic Sites Appropriation (HB 105) 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 $13,385,764 $13,385,764 $13,385,764 State General Funds $13,385,764 $13,385,764 $13,385,764 TOTAL FEDERAL FUNDS $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 $56,570,747 $56,570,747 $56,570,747 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. 652 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $0 $0 $96,580 $115,313 $115,313 $115,313 $211,893 $0 $0 $96,580 $115,313 $115,313 $115,313 $211,893 $0 $0 $96,580 $115,313 $115,313 $115,313 $211,893 227.100 -Pollution Prevention Assistance Appropriation (HB 105) The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to encourage by-product reuse and recycling. TOTAL FEDERAL FUNDS $96,580 $96,580 $96,580 TOTAL AGENCY FUNDS $115,313 $115,313 $115,313 Reserved Fund Balances $115,313 $115,313 $115,313 Reserved Fund Balances Not Itemized $115,313 $115,313 $115,313 TOTAL PUBLIC FUNDS $211,893 $211,893 $211,893 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 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 228.1 Reduce funds for operations. State General Funds ($57,704) ($57,704) ($57,704) 228.100 -Solid Waste Trust Fund Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 653 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 Wildlife Resources Continuation Budget The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues 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 $32,129,399 $32,129,399 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $7,460,135 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 $32,129,399 $32,129,399 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $7,460,135 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 $32,129,399 $32,129,399 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $7,460,135 $1,055,018 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 229.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $274,648 $274,648 $274,648 654 JOURNAL OF THE SENATE 229.2 Reduce funds for personnel, and eliminate two filled positions and three vacant positions. State General Funds ($625,934) 229.3 Reduce funds for operations and replace with federal funds. State General Funds ($251,298) 229.4 Reduce funds for operations. State General Funds ($325,762) ($625,934) ($251,298) ($325,762) ($625,934) ($251,298) ($325,762) 229.100 -Wildlife Resources Appropriation (HB 105) 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 $31,201,053 $31,201,053 $31,201,053 State General Funds $31,201,053 $31,201,053 $31,201,053 TOTAL FEDERAL FUNDS $13,837,944 $13,837,944 $13,837,944 TOTAL AGENCY FUNDS $8,755,162 $8,755,162 $8,755,162 Contributions, Donations, and Forfeitures $99,286 $99,286 $99,286 Contributions, Donations, and Forfeitures Not Itemized $99,286 $99,286 $99,286 Rebates, Refunds, and Reimbursements $3,657 $3,657 $3,657 Rebates, Refunds, and Reimbursements Not Itemized $3,657 $3,657 $3,657 Royalties and Rents $27,625 $27,625 $27,625 Royalties and Rents Not Itemized $27,625 $27,625 $27,625 Sales and Services $8,515,153 $8,515,153 $8,515,153 Sales and Services Not Itemized $7,460,135 $7,460,135 $7,460,135 Specialty License Plate Revenues $1,055,018 $1,055,018 $1,055,018 Sanctions, Fines, and Penalties $109,441 $109,441 $109,441 Sanctions, Fines, and Penalties Not Itemized $109,441 $109,441 $109,441 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 $30,000 State Funds Transfers $30,000 $30,000 $30,000 Agency to Agency Contracts $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $53,824,159 $53,824,159 $53,824,159 FRIDAY, FEBRUARY 22, 2013 655 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 the revenues collected from a state park's parking pass implemented by the Department. The above appropriation reflects 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 TOTAL PUBLIC FUNDS Section Total - Continuation $53,881,771 $53,881,771 $53,881,771 $53,881,771 $806,050 $806,050 $54,687,821 $54,687,821 $53,881,771 $53,881,771 $806,050 $54,687,821 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS Section Total - Final $53,072,442 $53,072,442 $806,050 $53,878,492 $53,072,442 $53,072,442 $806,050 $53,878,492 $53,072,442 $53,072,442 $806,050 $53,878,492 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 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 230.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 230.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($7,085) ($1,092) ($7,085) ($1,092) ($7,085) ($1,092) 656 JOURNAL OF THE SENATE 230.3 Reduce funds for information technology by delaying user and server hardware upgrades. State General Funds ($168,005) ($168,005) ($168,005) 230.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $4,776,712 State General Funds $4,776,712 TOTAL PUBLIC FUNDS $4,776,712 Appropriation (HB 105) $4,776,712 $4,776,712 $4,776,712 $4,776,712 $4,776,712 $4,776,712 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 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 231.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,134) ($1,134) ($1,134) 231.2 Reduce funds for personnel. State General Funds ($43,000) ($43,000) ($43,000) 231.3 Transfer funds from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative. State General Funds $34,870 $34,870 $34,870 231.100 -Clemency Decisions Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 657 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $11,601,066 $11,601,066 $11,601,066 $11,601,066 $11,601,066 $11,601,066 $11,601,066 $11,601,066 $11,601,066 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 TOTAL PUBLIC FUNDS $36,867,564 $36,867,564 $806,050 $37,673,614 $36,867,564 $36,867,564 $806,050 $37,673,614 $36,867,564 $36,867,564 $806,050 $37,673,614 232.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($19,837) ($19,837) ($19,837) 232.2 Reduce funds for personnel due to the hiring timeline for the Maxout initiative. State General Funds ($238,638) ($238,638) ($238,638) 232.3 Transfer funds and two positions from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative. State General Funds ($34,870) ($34,870) ($34,870) 232.4 Reduce funds for operations as part of the virtual office initiative. State General Funds ($55,900) ($55,900) ($55,900) 232.5 Reduce funds for rent due to closing parole offices as part of the virtual office initiative. State General Funds ($274,356) ($274,356) ($274,356) 232.100 -Parole Supervision Appropriation (HB 105) 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. 658 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $36,243,963 $36,243,963 $806,050 $37,050,013 $36,243,963 $36,243,963 $806,050 $37,050,013 $36,243,963 $36,243,963 $806,050 $37,050,013 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 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 233.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($282) ($282) ($282) 233.100 -Victim Services Appropriation (HB 105) 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 $450,701 $450,701 $450,701 State General Funds $450,701 $450,701 $450,701 TOTAL PUBLIC FUNDS $450,701 $450,701 $450,701 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 FRIDAY, FEBRUARY 22, 2013 659 Rental Payments for GBA Facilities TOTAL PUBLIC 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 $727,045 $842,012 Section Total - Final $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $727,045 $842,012 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $727,045 $842,012 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 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 $842,012 234.1 Reduce funds for operations. Rental Payments for GBA Facilities ($21,811) ($21,811) ($21,811) 234.100 -Properties Commission, State Appropriation (HB 105) 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. 660 JOURNAL OF THE SENATE 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 $705,234 $705,234 $705,234 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 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 $0 235.1 Increase funds for payment to the State Treasury by $155,934 from $1,996,734 to $2,152,668. (Total Funds: $2,152,668)(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 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Section Total - Continuation $40,400,824 $40,400,824 $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $40,740,824 $40,740,824 Section Total - Final $40,328,355 $40,328,355 $340,000 $340,000 $40,328,355 $40,328,355 $340,000 $340,000 $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $40,740,824 $40,328,355 $40,328,355 $340,000 $340,000 FRIDAY, FEBRUARY 22, 2013 661 Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $340,000 $40,668,355 $340,000 $40,668,355 $340,000 $40,668,355 Public Defender Standards Council Continuation Budget The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $6,005,496 $6,005,496 $340,000 $340,000 $340,000 $6,345,496 $6,005,496 $6,005,496 $340,000 $340,000 $340,000 $6,345,496 $6,005,496 $6,005,496 $340,000 $340,000 $340,000 $6,345,496 236.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 236.2 Reduce funds for personnel. State General Funds ($6,846) ($45,083) ($6,846) ($45,083) ($6,846) ($45,083) 236.100 -Public Defender Standards Council Appropriation (HB 105) 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 $5,953,567 $5,953,567 $5,953,567 State General Funds $5,953,567 $5,953,567 $5,953,567 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 $6,293,567 $6,293,567 $6,293,567 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. 662 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 237.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($20,540) ($20,540) ($20,540) 237.100 -Public Defenders Appropriation (HB 105) 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 $34,374,788 $34,374,788 $34,374,788 State General Funds $34,374,788 $34,374,788 $34,374,788 TOTAL PUBLIC FUNDS $34,374,788 $34,374,788 $34,374,788 Section 37: Public Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS ARRA-Immunization CFDA93.712 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Section Total - Continuation $218,182,965 $218,182,965 $203,773,265 $203,773,265 $12,013,120 $12,013,120 $2,396,580 $2,396,580 $431,693,325 $431,693,325 $780 $780 $20,886,897 $20,886,897 $2,912,917 $2,912,917 $2,057,150 $2,057,150 $10,404,530 $10,404,530 $10,404,530 $10,404,530 $51,595,724 $51,595,724 $459,137 $459,137 $459,137 $459,137 $492,224 $492,224 $492,224 $492,224 $50,644,363 $50,644,363 $218,182,965 $203,773,265 $12,013,120 $2,396,580 $431,693,325 $780 $20,886,897 $2,912,917 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 FRIDAY, FEBRUARY 22, 2013 663 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 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS ARRA-Immunization CFDA93.712 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 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 Section Total - Final $214,865,035 $200,455,335 $12,013,120 $2,396,580 $431,200,049 $780 $20,886,897 $2,419,641 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $698,576,905 $215,056,808 $200,647,108 $12,013,120 $2,396,580 $431,200,049 $780 $20,886,897 $2,419,641 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $698,768,678 $215,156,808 $200,747,108 $12,013,120 $2,396,580 $431,200,049 $780 $20,886,897 $2,419,641 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $698,868,678 664 JOURNAL OF THE SENATE 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 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $8,903,663 $3,751,224 $5,152,439 $28,088,004 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 $8,903,663 $3,751,224 $5,152,439 $28,088,004 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 $8,903,663 $3,751,224 $5,152,439 $28,088,004 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 238.1 Reduce funds for personnel for three vacant positions due to organizational restructure. State General Funds ($172,243) ($172,243) ($172,243) 238.2 Reduce funds for personnel and operations for the Columbus STD and family planning case finding program. State General Funds ($30,000) ($30,000) ($30,000) 238.3 Increase funds for the SHAPE initiative contract. State General Funds $85,000 $85,000 $85,000 FRIDAY, FEBRUARY 22, 2013 665 238.100 -Adolescent and Adult Health Promotion Appropriation (HB 105) 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 $8,786,420 $8,786,420 $8,786,420 State General Funds $3,633,981 $3,633,981 $3,633,981 Tobacco Settlement Funds $5,152,439 $5,152,439 $5,152,439 TOTAL FEDERAL FUNDS $28,088,004 $28,088,004 $28,088,004 Maternal & Child Health Services Block Grant CFDA93.994 $1,000,000 $1,000,000 $1,000,000 Preventive Health & Health Services Block Grant CFDA93.991 $149,000 $149,000 $149,000 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 $827,224 $827,224 $827,224 Contributions, Donations, and Forfeitures $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures Not Itemized $335,000 $335,000 $335,000 Intergovernmental Transfers $492,224 $492,224 $492,224 Intergovernmental Transfers Not Itemized $492,224 $492,224 $492,224 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $410,000 $410,000 $410,000 State Funds Transfers $410,000 $410,000 $410,000 Agency to Agency Contracts $410,000 $410,000 $410,000 TOTAL PUBLIC FUNDS $38,111,648 $38,111,648 $38,111,648 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 $7,224,986 $611,737 $6,613,249 $300,000 $300,000 $7,524,986 $7,224,986 $611,737 $6,613,249 $300,000 $300,000 $7,524,986 $7,224,986 $611,737 $6,613,249 $300,000 $300,000 $7,524,986 239.1 Reduce funds for hypertension outreach services. State General Funds ($511,737) $0 $0 666 JOURNAL OF THE SENATE 239.100 -Adult Essential Health Treatment Services Appropriation (HB 105) 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 $6,713,249 $7,224,986 $7,224,986 State General Funds $100,000 $611,737 $611,737 Tobacco Settlement Funds $6,613,249 $6,613,249 $6,613,249 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 Preventive Health & Health Services Block Grant CFDA93.991 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $7,013,249 $7,524,986 $7,524,986 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 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $20,492,715 $20,360,920 $131,795 $7,654,298 $1,807,258 $471,900 $28,147,013 $20,492,715 $20,360,920 $131,795 $7,654,298 $1,807,258 $471,900 $28,147,013 $20,492,715 $20,360,920 $131,795 $7,654,298 $1,807,258 $471,900 $28,147,013 240.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 240.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 240.3 Reduce funds for personnel. State General Funds 240.4 Reduce funds for operations. State General Funds $2,642,703 ($7,399) ($1,880,240) ($40,000) $2,642,703 ($7,399) ($1,880,240) ($40,000) $2,642,703 ($7,399) ($1,880,240) ($40,000) FRIDAY, FEBRUARY 22, 2013 667 240.100 -Departmental Administration Appropriation (HB 105) 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 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $21,207,779 $21,075,984 $131,795 $7,654,298 $1,807,258 $471,900 $28,862,077 $21,207,779 $21,075,984 $131,795 $7,654,298 $1,807,258 $471,900 $28,862,077 $21,207,779 $21,075,984 $131,795 $7,654,298 $1,807,258 $471,900 $28,862,077 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 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,753,939 $2,753,939 $35,127,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 $2,753,939 $2,753,939 $35,127,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 $2,753,939 $2,753,939 $35,127,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 241.1 Reduce funds added in HB742 (2012 Session) for one-time funding 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. State General Funds ($350,000) ($350,000) ($350,000) 668 JOURNAL OF THE SENATE 241.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 105) 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 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,403,939 $2,403,939 $35,127,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $37,752,934 $2,403,939 $2,403,939 $35,127,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $37,752,934 $2,403,939 $2,403,939 $35,127,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $37,752,934 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 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 $4,164,813 $4,049,176 $115,637 $4,961,516 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 $4,164,813 $4,049,176 $115,637 $4,961,516 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 $4,164,813 $4,049,176 $115,637 $4,961,516 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 FRIDAY, FEBRUARY 22, 2013 669 242.100 -Epidemiology Appropriation (HB 105) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $4,164,813 $4,164,813 $4,164,813 State General Funds $4,049,176 $4,049,176 $4,049,176 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,961,516 $4,961,516 $4,961,516 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 $9,169,085 $9,169,085 $9,169,085 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 ARRA-Immunization CFDA93.712 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $2,505,125 $2,505,125 $8,406,339 $780 $500,000 $10,911,464 $2,505,125 $2,505,125 $8,406,339 $780 $500,000 $10,911,464 $2,505,125 $2,505,125 $8,406,339 $780 $500,000 $10,911,464 243.100 -Immunization Appropriation (HB 105) 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 $8,406,339 $8,406,339 $8,406,339 ARRA-Immunization CFDA93.712 $780 $780 $780 Preventive Health & Health Services Block Grant CFDA93.991 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $10,911,464 $10,911,464 $10,911,464 670 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 Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $22,079,771 $22,079,771 $27,264,919 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 $22,079,771 $22,079,771 $27,264,919 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 $22,079,771 $22,079,771 $27,264,919 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 244.1 Reduce funds for programmatic grant-in-aid for Children's Medical Services. State General Funds ($576,574) ($576,574) ($576,574) 244.2 Reduce funds for programmatic grant-in-aid for the genetics and sickle cell testing program. (S:Reduce funds for programmatic grant-in-aid for genetics testing and recognize an alternative delivery mechanism for sickle cell testing program) State General Funds ($525,172) ($525,172) ($525,172) 244.3 Reduce funds for the Oral Health Prevention Program and replace with existing federal funds. State General Funds ($475,340) ($475,340) ($475,340) 244.4 Reduce funds for the Hemophilia of Georgia contract and reflect savings from moving high-cost hemophilia clients to the PreExisting Condition Insurance Plan (PCIP). State General Funds ($478,036) ($498,000) ($398,000) 244.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 105) 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 $20,024,649 $20,004,685 $20,104,685 State General Funds $20,024,649 $20,004,685 $20,104,685 TOTAL FEDERAL FUNDS $27,264,919 $27,264,919 $27,264,919 FRIDAY, FEBRUARY 22, 2013 671 Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $8,698,918 $116,500 $75,000 $75,000 $75,000 $47,364,568 $8,698,918 $116,500 $75,000 $75,000 $75,000 $47,344,604 $8,698,918 $116,500 $75,000 $75,000 $75,000 $47,444,604 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 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized 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 245.1 Reduce funds for the Foster Care Project. State General Funds $12,203,708 $12,203,708 $257,026,187 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 $12,203,708 $12,203,708 $257,026,187 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 $12,203,708 $12,203,708 $257,026,187 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 ($27,500) ($27,500) ($27,500) 245.100 -Infant and Child Health Promotion Appropriation (HB 105) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $12,176,208 $12,176,208 $12,176,208 State General Funds $12,176,208 $12,176,208 $12,176,208 672 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized 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 $257,026,187 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,519,029 $257,026,187 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,519,029 $257,026,187 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,519,029 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 Maternal & Child Health Services Block Grant CFDA93.994 TOTAL PUBLIC FUNDS $30,499,493 $30,499,493 $60,377,072 $84,489 $90,876,565 $30,499,493 $30,499,493 $60,377,072 $84,489 $90,876,565 $30,499,493 $30,499,493 $60,377,072 $84,489 $90,876,565 246.100 -Infectious Disease Control Appropriation (HB 105) 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 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 FRIDAY, FEBRUARY 22, 2013 673 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 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 $3,571,617 $3,571,617 $970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 $3,571,617 $3,571,617 $970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 $3,571,617 $3,571,617 $970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 247.100 -Inspections and Environmental Hazard Control Appropriation (HB 105) 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 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 $3,571,617 $3,571,617 $970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 $3,571,617 $3,571,617 $970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 $3,571,617 $3,571,617 $970,740 $200,210 $223,000 $618,231 $618,231 $618,231 $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 $81,858,779 $81,858,779 $986,551 $81,858,779 $81,858,779 $986,551 $81,858,779 $81,858,779 $986,551 674 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $986,551 $82,845,330 $986,551 $82,845,330 $986,551 $82,845,330 248.1 Reduce funds for programmatic grant-in-aid for the Health Check Program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($493,276) ($493,276) ($986,552) ($493,276) ($493,276) ($986,552) ($493,276) ($493,276) ($986,552) 248.100 -Public Health Formula Grants to Counties Appropriation (HB 105) 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 $81,365,503 $81,365,503 $493,275 $493,275 $81,858,778 $81,365,503 $81,365,503 $493,275 $493,275 $81,858,778 $81,365,503 $81,365,503 $493,275 $493,275 $81,858,778 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 TOTAL PUBLIC FUNDS $3,590,562 $3,590,562 $530,680 $4,121,242 $3,590,562 $3,590,562 $530,680 $4,121,242 $3,590,562 $3,590,562 $530,680 $4,121,242 249.100 -Vital Records Appropriation (HB 105) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $3,590,562 $3,590,562 $3,590,562 State General Funds $3,590,562 $3,590,562 $3,590,562 TOTAL FEDERAL FUNDS $530,680 $530,680 $530,680 TOTAL PUBLIC FUNDS $4,121,242 $4,121,242 $4,121,242 FRIDAY, FEBRUARY 22, 2013 675 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 $2,396,580 $0 $2,396,580 $2,396,580 $2,396,580 $0 $2,396,580 $2,396,580 $2,396,580 $0 $2,396,580 $2,396,580 250.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 105) 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 $2,396,580 $2,396,580 $2,396,580 Brain & Spinal Injury Trust Fund $2,396,580 $2,396,580 $2,396,580 TOTAL PUBLIC FUNDS $2,396,580 $2,396,580 $2,396,580 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 $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 251.1 Reduce funds for contracts. State General Funds ($478,116) ($778,116) ($778,116) 251.100 -Georgia Trauma Care Network Commission Appropriation (HB 105) 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 $15,459,098 $15,159,098 $15,159,098 State General Funds $15,459,098 $15,159,098 $15,159,098 TOTAL PUBLIC FUNDS $15,459,098 $15,159,098 $15,159,098 676 JOURNAL OF THE SENATE Section 38: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL 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 Specialty License Plate Revenues 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 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 Specialty License Plate Revenues Sanctions, Fines, and Penalties Section Total - Continuation $119,496,578 $119,496,578 $119,496,578 $119,496,578 $33,824,374 $33,824,374 $33,300,269 $33,300,269 $8,655,538 $8,655,538 $8,655,538 $8,655,538 $432,765 $432,765 $432,765 $432,765 $23,559,566 $23,559,566 $23,222,714 $23,222,714 $336,852 $336,852 $652,400 $652,400 $652,400 $652,400 $235,400 $235,400 $235,400 $235,400 $235,400 $235,400 $186,856,621 $186,856,621 $119,496,578 $119,496,578 $33,824,374 $33,300,269 $8,655,538 $8,655,538 $432,765 $432,765 $23,559,566 $23,222,714 $336,852 $652,400 $652,400 $235,400 $235,400 $235,400 $186,856,621 Section Total - Final $111,519,103 $111,519,103 $33,824,374 $33,617,071 $8,655,538 $8,655,538 $432,765 $432,765 $23,876,368 $23,539,516 $336,852 $652,400 $111,889,674 $111,889,674 $33,824,374 $33,300,269 $8,655,538 $8,655,538 $432,765 $432,765 $23,559,566 $23,222,714 $336,852 $652,400 $111,801,905 $111,801,905 $33,824,374 $33,400,269 $8,655,538 $8,655,538 $432,765 $432,765 $23,659,566 $23,322,714 $336,852 $652,400 FRIDAY, FEBRUARY 22, 2013 677 Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $652,400 $5,297,967 $5,297,967 $5,297,967 $184,258,515 $652,400 $5,297,967 $5,297,967 $5,297,967 $184,312,284 $652,400 $5,297,967 $5,297,967 $5,297,967 $184,324,515 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,114,878 $3,114,878 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 $3,114,878 $3,114,878 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 $3,114,878 $3,114,878 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 252.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,134 $1,134 $1,134 252.100 -Aviation Appropriation (HB 105) 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 $3,116,012 $3,116,012 $3,116,012 State General Funds $3,116,012 $3,116,012 $3,116,012 TOTAL FEDERAL FUNDS $243,034 $243,034 $243,034 TOTAL AGENCY FUNDS $4,100,000 $4,100,000 $4,100,000 Intergovernmental Transfers $4,000,000 $4,000,000 $4,000,000 678 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,000,000 $100,000 $100,000 $7,459,046 $4,000,000 $100,000 $100,000 $7,459,046 $4,000,000 $100,000 $100,000 $7,459,046 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 253.100 -Capitol Police Services Appropriation (HB 105) The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol. TOTAL AGENCY FUNDS $7,372,499 $7,372,499 $7,372,499 Sales and Services $7,372,499 $7,372,499 $7,372,499 Sales and Services Not Itemized $7,372,499 $7,372,499 $7,372,499 TOTAL PUBLIC FUNDS $7,372,499 $7,372,499 $7,372,499 Departmental Administration Continuation Budget The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $8,249,014 $8,249,014 $141,571 $8,249,014 $8,249,014 $141,571 $8,249,014 $8,249,014 $141,571 FRIDAY, FEBRUARY 22, 2013 679 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 254.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 254.2 Reduce funds for personnel. State General Funds 254.3 Reduce funds for operations. State General Funds $3,510 $3,510 $3,510 $8,394,095 $3,510 $3,510 $3,510 $8,394,095 $3,510 $3,510 $3,510 $8,394,095 $4,676 $4,676 $4,676 ($88,205) ($88,205) ($88,205) ($30,000) ($30,000) ($30,000) 254.100 -Departmental Administration Appropriation (HB 105) 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 $8,135,485 $8,135,485 $8,135,485 State General Funds $8,135,485 $8,135,485 $8,135,485 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $3,510 $3,510 $3,510 Sales and Services $3,510 $3,510 $3,510 Sales and Services Not Itemized $3,510 $3,510 $3,510 TOTAL PUBLIC FUNDS $8,280,566 $8,280,566 $8,280,566 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 Rebates, Refunds, and Reimbursements $1,602,488 $1,602,488 $336,765 $282,765 $1,602,488 $1,602,488 $336,765 $282,765 $1,602,488 $1,602,488 $336,765 $282,765 680 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $282,765 $54,000 $54,000 $1,939,253 $282,765 $54,000 $54,000 $1,939,253 $282,765 $54,000 $54,000 $1,939,253 255.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $810 $810 $810 255.2 Transfer funds from the Field Offices and Services program to the Executive Security Services program for personnel to align budget and expenditures. State General Funds $159,929 $159,929 $159,929 255.3 Increase funds to reflect projected expenditures. State General Funds $26,900 $26,900 $26,900 255.100 -Executive Security Services Appropriation (HB 105) 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 $1,790,127 $1,790,127 $1,790,127 State General Funds $1,790,127 $1,790,127 $1,790,127 TOTAL AGENCY FUNDS $336,765 $336,765 $336,765 Rebates, Refunds, and Reimbursements $282,765 $282,765 $282,765 Rebates, Refunds, and Reimbursements Not Itemized $282,765 $282,765 $282,765 Sales and Services $54,000 $54,000 $54,000 Sales and Services Not Itemized $54,000 $54,000 $54,000 TOTAL PUBLIC FUNDS $2,126,892 $2,126,892 $2,126,892 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. FRIDAY, FEBRUARY 22, 2013 681 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $77,541,397 $77,541,397 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 $77,541,397 $77,541,397 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 $77,541,397 $77,541,397 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 256.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $71,931 $71,931 $71,931 256.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($21,781) ($21,781) ($21,781) 256.3 Reduce funds for personnel. State General Funds ($90,162) ($90,162) ($90,162) 256.4 Reduce funds for operations. State General Funds ($140,877) ($140,877) ($140,877) 256.5 Transfer funds from the Field Offices and Services program to the Executive Security Services program for personnel to align budget and expenditures. State General Funds ($159,929) ($159,929) ($159,929) 256.6 Reduce funds to delay the start of state funded Trooper School until FY2014. State General Funds ($950,000) ($950,000) ($950,000) 682 JOURNAL OF THE SENATE 256.100 -Field Offices and Services Appropriation (HB 105) 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 $76,250,579 $76,250,579 $76,250,579 State General Funds $76,250,579 $76,250,579 $76,250,579 TOTAL FEDERAL FUNDS $8,096,038 $8,096,038 $8,096,038 TOTAL AGENCY FUNDS $8,772,400 $8,772,400 $8,772,400 Intergovernmental Transfers $2,400,000 $2,400,000 $2,400,000 Intergovernmental Transfers Not Itemized $2,400,000 $2,400,000 $2,400,000 Rebates, Refunds, and Reimbursements $150,000 $150,000 $150,000 Rebates, Refunds, and Reimbursements Not Itemized $150,000 $150,000 $150,000 Sales and Services $5,570,000 $5,570,000 $5,570,000 Sales and Services Not Itemized $5,570,000 $5,570,000 $5,570,000 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 $93,119,017 $93,119,017 $93,119,017 Motor Carrier Compliance Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized $10,125,133 $10,125,133 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $10,125,133 $10,125,133 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $10,125,133 $10,125,133 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 FRIDAY, FEBRUARY 22, 2013 683 TOTAL PUBLIC FUNDS $24,526,922 $24,526,922 $24,526,922 257.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $851 $851 $851 257.2 Reduce funds for personnel and recognize savings due to a delay in hiring civilian weighmasters and Motor Carrier Compliance Division officers. State General Funds ($978,667) ($978,667) ($978,667) 257.3 Reduce funds for operations. State General Funds ($25,000) ($25,000) ($25,000) 257.4 Reduce funds for information technology. State General Funds ($133,386) ($133,386) ($133,386) 257.5 Replace funds with other funds for operations. State General Funds Agency to Agency Contracts Total Public Funds: ($5,062,567) $5,062,567 $0 ($5,062,567) $5,062,567 $0 ($5,062,567) $5,062,567 $0 257.100 -Motor Carrier Compliance Appropriation (HB 105) 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 $3,926,364 $3,926,364 $3,926,364 State General Funds $3,926,364 $3,926,364 $3,926,364 TOTAL FEDERAL FUNDS $6,277,159 $6,277,159 $6,277,159 TOTAL AGENCY FUNDS $8,124,630 $8,124,630 $8,124,630 Intergovernmental Transfers $290,000 $290,000 $290,000 Intergovernmental Transfers Not Itemized $290,000 $290,000 $290,000 Sales and Services $7,834,630 $7,834,630 $7,834,630 Sales and Services Not Itemized $7,834,630 $7,834,630 $7,834,630 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,062,567 $5,062,567 $5,062,567 State Funds Transfers $5,062,567 $5,062,567 $5,062,567 684 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS $5,062,567 $23,390,720 $5,062,567 $23,390,720 $5,062,567 $23,390,720 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 $3,274,853 $3,274,853 $3,274,853 State General Funds $3,274,853 $3,274,853 $3,274,853 TOTAL AGENCY FUNDS $205,538 $205,538 $205,538 Intergovernmental Transfers $205,538 $205,538 $205,538 Intergovernmental Transfers Not Itemized $205,538 $205,538 $205,538 TOTAL PUBLIC FUNDS $3,480,391 $3,480,391 $3,480,391 258.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $811 $811 $811 258.100 -Specialized Collision Reconstruction Team Appropriation (HB 105) 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 $3,275,664 $3,275,664 $3,275,664 State General Funds $3,275,664 $3,275,664 $3,275,664 TOTAL AGENCY FUNDS $205,538 $205,538 $205,538 Intergovernmental Transfers $205,538 $205,538 $205,538 Intergovernmental Transfers Not Itemized $205,538 $205,538 $205,538 TOTAL PUBLIC FUNDS $3,481,202 $3,481,202 $3,481,202 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. FRIDAY, FEBRUARY 22, 2013 685 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 $1,502,013 259.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $811 $811 $811 259.100 -Troop J Specialty Units Appropriation (HB 105) 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 $1,502,824 $1,502,824 $1,502,824 State General Funds $1,502,824 $1,502,824 $1,502,824 TOTAL PUBLIC FUNDS $1,502,824 $1,502,824 $1,502,824 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 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 260.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($12) ($12) ($12) 260.2 Increase funds for personnel. State General Funds $16,000 260.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 105) 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. 686 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $634,993 $634,993 $634,993 $634,993 $634,993 $634,993 $650,993 $650,993 $650,993 Peace Officer Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, certify individuals when all requirements are met, to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 261.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 261.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 261.3 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: 261.4 Reduce funds for personnel. State General Funds $2,837 ($160) ($316,802) $316,802 $0 $2,837 $2,837 ($160) ($160) $0 ($100,000) $0 $100,000 $0 $0 ($46,231) $0 261.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 105) 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 FRIDAY, FEBRUARY 22, 2013 687 officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS $2,157,772 $2,428,343 $2,374,574 State General Funds $2,157,772 $2,428,343 $2,374,574 TOTAL AGENCY FUNDS $624,853 $308,051 $408,051 Sales and Services $624,853 $308,051 $408,051 Sales and Services Not Itemized $624,853 $308,051 $408,051 TOTAL PUBLIC FUNDS $2,782,625 $2,736,394 $2,782,625 Public Safety Training Center, Georgia Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS 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 $10,611,301 $10,611,301 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 $10,611,301 $10,611,301 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 $10,611,301 $10,611,301 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 262.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 262.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 262.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds $18,119 ($28,197) ($108,841) $18,119 ($28,197) ($108,841) $18,119 ($28,197) ($108,841) 688 JOURNAL OF THE SENATE 262.4 Reduce funds for operations. State General Funds ($159,498) ($59,498) ($159,498) 262.5 Reduce funds for contracts due to the closure of the North Central Georgia Law Enforcement Training Academy. State General Funds ($50,000) ($50,000) $0 262.100 -Public Safety Training Center, Georgia Appropriation (HB 105) 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 $10,282,884 $10,382,884 $10,332,884 State General Funds $10,282,884 $10,382,884 $10,332,884 TOTAL FEDERAL FUNDS $1,739,391 $1,739,391 $1,739,391 TOTAL AGENCY FUNDS $3,739,774 $3,739,774 $3,739,774 Intergovernmental Transfers $1,760,000 $1,760,000 $1,760,000 Intergovernmental Transfers Not Itemized $1,760,000 $1,760,000 $1,760,000 Sales and Services $1,979,774 $1,979,774 $1,979,774 Sales and Services Not Itemized $1,979,774 $1,979,774 $1,979,774 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $117,000 $117,000 $117,000 State Funds Transfers $117,000 $117,000 $117,000 Agency to Agency Contracts $117,000 $117,000 $117,000 TOTAL PUBLIC FUNDS $15,879,049 $15,979,049 $15,929,049 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues TOTAL INTRA-STATE GOVERNMENT TRANSFERS $368,599 $368,599 $17,327,181 $337,102 $337,102 $250 $336,852 $118,400 $368,599 $368,599 $17,327,181 $337,102 $337,102 $250 $336,852 $118,400 $368,599 $368,599 $17,327,181 $337,102 $337,102 $250 $336,852 $118,400 FRIDAY, FEBRUARY 22, 2013 689 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $118,400 $118,400 $18,151,282 $118,400 $118,400 $18,151,282 $118,400 $118,400 $18,151,282 263.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 263.2 Increase funds for personnel for five positions to offset a loss of federal funds. State General Funds 263.3 Reduce funds for real estate rentals. State General Funds $11,543 $77,315 ($11,058) $11,543 $77,315 ($11,058) $11,543 $77,315 ($11,058) 263.100 -Highway Safety, Office of Appropriation (HB 105) 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 $446,399 $446,399 $446,399 State General Funds $446,399 $446,399 $446,399 TOTAL FEDERAL FUNDS $17,327,181 $17,327,181 $17,327,181 TOTAL AGENCY FUNDS $337,102 $337,102 $337,102 Sales and Services $337,102 $337,102 $337,102 Sales and Services Not Itemized $250 $250 $250 Specialty License Plate Revenues $336,852 $336,852 $336,852 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $118,400 $118,400 $118,400 State Funds Transfers $118,400 $118,400 $118,400 Agency to Agency Contracts $118,400 $118,400 $118,400 TOTAL PUBLIC FUNDS $18,229,082 $18,229,082 $18,229,082 Section 39: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS Section Total - Continuation $7,963,566 $7,963,566 $7,963,566 $7,963,566 $1,541,721 $1,541,721 $9,505,287 $9,505,287 $7,963,566 $7,963,566 $1,541,721 $9,505,287 690 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS Section Total - Final $7,673,049 $7,673,049 $1,541,721 $9,214,770 $7,673,049 $7,673,049 $1,541,721 $9,214,770 $7,716,027 $7,716,027 $1,541,721 $9,257,748 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 TOTAL PUBLIC FUNDS $1,111,939 $1,111,939 $83,500 $1,195,439 $1,111,939 $1,111,939 $83,500 $1,195,439 $1,111,939 $1,111,939 $83,500 $1,195,439 264.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 264.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $480 ($176) $480 ($176) $480 ($176) 264.100 -Commission Administration Appropriation (HB 105) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,112,243 $1,112,243 $1,112,243 State General Funds $1,112,243 $1,112,243 $1,112,243 TOTAL FEDERAL FUNDS $83,500 $83,500 $83,500 TOTAL PUBLIC FUNDS $1,195,743 $1,195,743 $1,195,743 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 $977,613 $977,613 $977,613 $977,613 $977,613 $977,613 FRIDAY, FEBRUARY 22, 2013 691 TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $1,188,246 $2,165,859 $1,188,246 $2,165,859 $1,188,246 $2,165,859 265.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 265.2 Reduce funds for operations. State General Funds $701 ($55,123) $701 ($55,123) $701 ($55,123) 265.100 -Facility Protection Appropriation (HB 105) 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 $923,191 $923,191 $923,191 State General Funds $923,191 $923,191 $923,191 TOTAL FEDERAL FUNDS $1,188,246 $1,188,246 $1,188,246 TOTAL PUBLIC FUNDS $2,111,437 $2,111,437 $2,111,437 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 TOTAL PUBLIC FUNDS $5,874,014 $5,874,014 $269,975 $6,143,989 $5,874,014 $5,874,014 $269,975 $6,143,989 $5,874,014 $5,874,014 $269,975 $6,143,989 266.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 266.2 Reduce funds for personnel. State General Funds $2,508 $2,508 $2,508 ($238,907) ($238,907) ($195,929) 692 JOURNAL OF THE SENATE 266.99 SAC: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. House: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. Governor: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. State General Funds $0 $0 $0 266.100 -Utilities Regulation Appropriation (HB 105) The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. TOTAL STATE FUNDS $5,637,615 $5,637,615 $5,680,593 State General Funds $5,637,615 $5,637,615 $5,680,593 TOTAL FEDERAL FUNDS $269,975 $269,975 $269,975 TOTAL PUBLIC FUNDS $5,907,590 $5,907,590 $5,950,568 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 Section Total - Continuation $1,828,569,784 $1,828,569,784 $1,828,569,784 $1,828,569,784 $4,520,662,186 $4,520,662,186 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $2,109,626,120 $2,109,626,120 $1,828,569,784 $1,828,569,784 $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 FRIDAY, FEBRUARY 22, 2013 693 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $223,307,362 $223,307,362 $2,184,102,894 $2,184,102,894 $6,349,231,970 $223,307,362 $223,307,362 $2,184,102,894 $2,184,102,894 $6,349,231,970 $223,307,362 $223,307,362 $2,184,102,894 $2,184,102,894 $6,349,231,970 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 $1,744,869,887 $1,744,869,887 $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $223,307,362 $223,307,362 $2,184,102,894 $2,184,102,894 $6,265,532,073 $1,745,263,827 $1,745,263,827 $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $223,307,362 $223,307,362 $2,184,102,894 $2,184,102,894 $6,265,926,013 $1,747,585,862 $1,747,585,862 $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $223,307,362 $223,307,362 $2,184,102,894 $2,184,102,894 $6,268,248,048 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 $35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 694 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $72,659,924 $72,659,924 $72,659,924 267.1 Reduce funds for personnel. State General Funds ($1,053,210) ($1,053,210) ($1,053,210) 267.100 -Agricultural Experiment Station Appropriation (HB 105) 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 $34,053,795 $34,053,795 $34,053,795 State General Funds $34,053,795 $34,053,795 $34,053,795 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 $71,606,714 $71,606,714 $71,606,714 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 $4,944,522 268.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 695 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 $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 269.1 Reduce funds for personnel. State General Funds ($884,036) ($884,036) ($884,036) 269.100 -Cooperative Extension Service Appropriation (HB 105) 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 $28,583,815 $28,583,815 $28,583,815 State General Funds $28,583,815 $28,583,815 $28,583,815 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 $7,875,069 696 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,208,860 $4,208,860 $53,667,744 $4,208,860 $4,208,860 $53,667,744 $4,208,860 $4,208,860 $53,667,744 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 $7,375,440 $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 $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 $17,850,440 270.1 Reduce funds for operations. State General Funds ($115,203) ($221,263) ($115,203) 270.100 -Enterprise Innovation Institute Appropriation (HB 105) 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 $7,260,237 $7,154,177 $7,260,237 State General Funds $7,260,237 $7,154,177 $7,260,237 TOTAL AGENCY FUNDS $10,475,000 $10,475,000 $10,475,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 Rebates, Refunds, and Reimbursements $1,100,000 $1,100,000 $1,100,000 FRIDAY, FEBRUARY 22, 2013 697 Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,100,000 $1,500,000 $1,500,000 $17,735,237 $1,100,000 $1,500,000 $1,500,000 $17,629,177 $1,100,000 $1,500,000 $1,500,000 $17,735,237 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 $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 271.1 Reduce funds for personnel. State General Funds ($15,084) ($15,084) ($15,084) 271.100 -Forestry Cooperative Extension Appropriation (HB 105) 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 $487,702 $487,702 $487,702 State General Funds $487,702 $487,702 $487,702 TOTAL AGENCY FUNDS $575,988 $575,988 $575,988 Intergovernmental Transfers $475,988 $475,988 $475,988 Intergovernmental Transfers Not Itemized $475,988 $475,988 $475,988 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $1,063,690 $1,063,690 $1,063,690 698 JOURNAL OF THE SENATE 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 272.1 Reduce funds for personnel. State General Funds ($77,398) ($77,398) ($77,398) 272.100 -Forestry Research Appropriation (HB 105) 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,502,530 $2,502,530 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,752,956 $2,502,530 $2,502,530 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,752,956 $2,502,530 $2,502,530 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,752,956 FRIDAY, FEBRUARY 22, 2013 699 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 $3,625,810 274.100 -Georgia Radiation Therapy Center Appropriation (HB 105) The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. TOTAL AGENCY FUNDS $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures $3,625,810 $3,625,810 $3,625,810 Contributions, Donations, and Forfeitures Not Itemized $3,625,810 $3,625,810 $3,625,810 TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 Georgia Tech Research Institute Continuation Budget The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 700 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $229,709,589 $229,709,589 $229,709,589 275.1 Reduce funds for operations. State General Funds ($172,249) ($172,249) ($172,249) 275.2 Reduce funds added in HB742 (2012 Session) for industrial storm water solutions for Georgia's poultry industry. State General Funds ($50,000) ($50,000) ($50,000) 275.100 -Georgia Tech Research Institute Appropriation (HB 105) 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 $5,569,382 $5,569,382 $5,569,382 State General Funds $5,569,382 $5,569,382 $5,569,382 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 $229,487,340 $229,487,340 $229,487,340 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 $729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $729,450 $729,450 $486,281 $367,648 $367,648 $118,633 FRIDAY, FEBRUARY 22, 2013 701 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS 276.1 Reduce funds for personnel. State General Funds $118,633 $1,215,731 $118,633 $1,215,731 $118,633 $1,215,731 ($21,884) ($21,884) ($21,884) 276.100 -Marine Institute Appropriation (HB 105) 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 $707,566 $707,566 $707,566 State General Funds $707,566 $707,566 $707,566 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 Rebates, Refunds, and Reimbursements $118,633 $118,633 $118,633 Rebates, Refunds, and Reimbursements Not Itemized $118,633 $118,633 $118,633 TOTAL PUBLIC FUNDS $1,193,847 $1,193,847 $1,193,847 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 277.1 Reduce funds for personnel. State General Funds $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 ($35,974) ($35,974) ($35,974) 702 JOURNAL OF THE SENATE 277.100 -Marine Resources Extension Center Appropriation (HB 105) 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 $1,163,147 $1,163,147 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,508,676 $1,163,147 $1,163,147 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,508,676 $1,163,147 $1,163,147 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,508,676 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 $29,172,642 278.1 Reduce funds for personnel and replace with other funds. State General Funds ($875,179) ($875,179) ($875,179) 278.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 105) 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 $28,297,463 $28,297,463 $28,297,463 State General Funds $28,297,463 $28,297,463 $28,297,463 TOTAL PUBLIC FUNDS $28,297,463 $28,297,463 $28,297,463 FRIDAY, FEBRUARY 22, 2013 703 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 $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 279.1 Reduce funds for personnel. State General Funds 279.2 Reduce funds for operations. State General Funds 279.3 Reduce funds for public library state grants. State General Funds ($41,646) ($41,646) ($41,646) ($32,963) ($32,963) ($32,963) ($891,064) ($891,064) ($875,089) 279.100 -Public Libraries Appropriation (HB 105) 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 $31,223,436 $31,223,436 $31,239,411 State General Funds $31,223,436 $31,223,436 $31,239,411 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 $36,445,836 $36,445,836 $36,461,811 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. 704 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 280.1 Reduce funds for personnel to recognize one vacant faculty research position at the Georgia Regents University Cancer Research Center. State General Funds ($150,000) ($150,000) ($150,000) 280.2 Reduce funds for the Health Professions Initiative. State General Funds ($126,900) ($126,900) ($126,900) 280.3 Reduce funds for personnel and operations for the Fort Valley University Land Grant Match. State General Funds ($109,942) ($109,942) ($109,942) 280.4 Reduce funds for personnel and operations for the Georgia Regents University Mission Related Program. State General Funds ($170,735) ($170,735) ($170,735) 280.5 Reduce funds for personnel for the Georgia Regents University Nurse Anesthetist Program. State General Funds ($7,740) ($7,740) ($7,740) 280.100 -Public Service / Special Funding Initiatives Appropriation (HB 105) 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 $18,278,598 $18,278,598 $18,278,598 State General Funds $18,278,598 $18,278,598 $18,278,598 TOTAL PUBLIC FUNDS $18,278,598 $18,278,598 $18,278,598 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 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 FRIDAY, FEBRUARY 22, 2013 705 281.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 281.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 281.3 Reduce funds for personnel for the University System Office. State General Funds 281.4 Reduce funds for operations to GALILEO. State General Funds $104,473 ($23,055) ($133,097) ($77,488) $104,473 ($23,055) ($133,097) ($77,488) $104,473 ($23,055) ($133,097) ($77,488) 281.100 -Regents Central Office Appropriation (HB 105) 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 $8,102,099 $8,102,099 $8,102,099 State General Funds $8,102,099 $8,102,099 $8,102,099 TOTAL PUBLIC FUNDS $8,102,099 $8,102,099 $8,102,099 Research Consortium Continuation Budget 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 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 $6,293,244 282.1 Reduce funds for personnel. State General Funds 282.2 Reduce funds for operations. State General Funds ($6,430) ($6,430) ($6,430) ($182,367) ($182,367) ($182,367) 706 JOURNAL OF THE SENATE 282.100 -Research Consortium Appropriation (HB 105) 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 $6,104,447 $6,104,447 $6,104,447 State General Funds $6,104,447 $6,104,447 $6,104,447 TOTAL PUBLIC FUNDS $6,104,447 $6,104,447 $6,104,447 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 $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $350,000 $4,879,925 $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $350,000 $4,879,925 $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $350,000 $4,879,925 283.1 Reduce funds for personnel. State General Funds ($36,879) ($36,879) ($36,879) 283.100 -Skidaway Institute of Oceanography Appropriation (HB 105) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,192,426 $1,192,426 $1,192,426 State General Funds $1,192,426 $1,192,426 $1,192,426 TOTAL AGENCY FUNDS $3,650,620 $3,650,620 $3,650,620 Intergovernmental Transfers $2,750,620 $2,750,620 $2,750,620 Intergovernmental Transfers Not Itemized $2,750,620 $2,750,620 $2,750,620 FRIDAY, FEBRUARY 22, 2013 707 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $550,000 $550,000 $350,000 $350,000 $4,843,046 $550,000 $550,000 $350,000 $350,000 $4,843,046 $550,000 $550,000 $350,000 $350,000 $4,843,046 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 $1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,901,920,206 $138,766,875 $138,766,875 $2,143,221,772 $2,143,221,772 $5,815,599,648 $1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,901,920,206 $138,766,875 $138,766,875 $2,143,221,772 $2,143,221,772 $5,815,599,648 $1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,901,920,206 $138,766,875 $138,766,875 $2,143,221,772 $2,143,221,772 $5,815,599,648 284.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($2,723,724) ($2,723,724) ($2,723,724) 284.2 Reduce funds for personnel. State General Funds ($38,966,311) ($38,966,311) ($38,966,311) 284.3 Reduce funds for operations. State General Funds ($34,458,650) ($34,458,650) ($34,458,650) 284.4 Reduce funds for one-time funding added in HB742 (2012 Session) for the Southern Legislative Conference's Center for Advancement of Leadership Skills Program at Georgia State University. State General Funds ($25,000) ($25,000) ($25,000) 708 JOURNAL OF THE SENATE 284.5 Reduce funds for the special appropriation for Georgia Gwinnett College to reflect a decreased rate of enrollment growth. State General Funds ($2,700,000) ($2,200,000) $0 284.100 -Teaching Appropriation (HB 105) 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 $1,552,817,110 $1,553,317,110 $1,555,517,110 State General Funds $1,552,817,110 $1,553,317,110 $1,555,517,110 TOTAL AGENCY FUNDS $4,183,908,853 $4,183,908,853 $4,183,908,853 Intergovernmental Transfers $1,901,920,206 $1,901,920,206 $1,901,920,206 Intergovernmental Transfers Not Itemized $1,901,920,206 $1,901,920,206 $1,901,920,206 Rebates, Refunds, and Reimbursements $138,766,875 $138,766,875 $138,766,875 Rebates, Refunds, and Reimbursements Not Itemized $138,766,875 $138,766,875 $138,766,875 Sales and Services $2,143,221,772 $2,143,221,772 $2,143,221,772 Sales and Services Not Itemized $2,143,221,772 $2,143,221,772 $2,143,221,772 TOTAL PUBLIC FUNDS $5,736,725,963 $5,737,225,963 $5,739,425,963 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 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 285.1 Reduce funds for operations. State General Funds 285.2 Reduce funds for personnel. State General Funds ($2,394) ($2,394) ($2,394) ($74,000) ($74,000) ($74,000) FRIDAY, FEBRUARY 22, 2013 709 285.100 -Veterinary Medicine Experiment Station Appropriation (HB 105) 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 $2,470,069 $2,470,069 $2,470,069 State General Funds $2,470,069 $2,470,069 $2,470,069 TOTAL PUBLIC FUNDS $2,470,069 $2,470,069 $2,470,069 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 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 286.1 Reduce funds for personnel. State General Funds ($12,871) ($12,871) ($12,871) 286.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 105) 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 $416,168 $416,168 $416,168 State General Funds $416,168 $416,168 $416,168 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 $10,038,119 $10,038,119 $10,038,119 710 JOURNAL OF THE SENATE 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 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 287.1 Reduce funds for the pass-through payment for the Prep School. State General Funds 287.2 Reduce funds for the pass-through payment for the Junior College. State General Funds ($47,522) ($22,677) ($47,522) ($22,677) ($47,522) ($22,677) 287.100 -Payments to Georgia Military College Appropriation (HB 105) 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 $2,269,752 $2,269,752 $2,269,752 State General Funds $2,269,752 $2,269,752 $2,269,752 TOTAL PUBLIC FUNDS $2,269,752 $2,269,752 $2,269,752 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 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 288.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 288.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $112,159 ($14,212) $112,159 ($14,212) $112,159 ($14,212) FRIDAY, FEBRUARY 22, 2013 711 288.3 Reduce funds added in HB742 (2012 Session) for special education programming. State General Funds ($50,000) ($50,000) ($50,000) 288.4 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for half of the Discovery Education contract. State General Funds $471,355 $471,355 $471,355 288.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 105) 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 $13,370,145 $13,370,145 $13,370,145 State General Funds $13,370,145 $13,370,145 $13,370,145 TOTAL PUBLIC FUNDS $13,370,145 $13,370,145 $13,370,145 Section 41: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959 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 TOTAL PUBLIC FUNDS Section Total - Continuation $139,713,911 $139,713,911 $139,563,911 $139,563,911 $150,000 $150,000 $518,929 $518,929 $251,507 $251,507 $33,608,769 $33,608,769 $435,580 $435,580 $435,580 $435,580 $32,173,189 $32,173,189 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $173,841,609 $173,841,609 $139,713,911 $139,563,911 $150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609 TOTAL STATE FUNDS State General Funds Section Total - Final $140,477,013 $140,327,013 $139,115,390 $138,965,390 $140,327,013 $140,177,013 712 JOURNAL OF THE SENATE Tobacco Settlement Funds TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959 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 TOTAL PUBLIC FUNDS $150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $174,604,711 $150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,243,088 $150,000 $518,929 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $174,454,711 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 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 289.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 289.2 Reduce funds for personnel and operations. State General Funds $257,328 $257,328 $257,328 ($490,687) ($490,687) ($490,687) 289.100 -Customer Service Appropriation (HB 105) 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. FRIDAY, FEBRUARY 22, 2013 713 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 $13,530,037 $13,530,037 $365,580 $225,580 $225,580 $140,000 $140,000 $13,895,617 $13,530,037 $13,530,037 $365,580 $225,580 $225,580 $140,000 $140,000 $13,895,617 $13,530,037 $13,530,037 $365,580 $225,580 $225,580 $140,000 $140,000 $13,895,617 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 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 290.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 290.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $57,184 ($4,008) $57,184 ($4,008) $57,184 ($4,008) 290.100 -Departmental Administration Appropriation (HB 105) 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 $6,626,995 $6,626,995 $6,626,995 State General Funds $6,626,995 $6,626,995 $6,626,995 714 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $484,210 $424,210 $424,210 $60,000 $60,000 $7,111,205 $484,210 $424,210 $424,210 $60,000 $60,000 $7,111,205 $484,210 $424,210 $424,210 $60,000 $60,000 $7,111,205 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 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 291.100 -Forest Land Protection Grants Appropriation (HB 105) 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 $14,184,250 $14,184,250 $14,184,250 State General Funds $14,184,250 $14,184,250 $14,184,250 TOTAL PUBLIC FUNDS $14,184,250 $14,184,250 $14,184,250 Fraud Detection and Prevention Continuation Budget 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 State General Funds $0 $0 $0 $0 $0 $0 292.1 Increase funds for contracts for the Fraud Detection and Prevention program by transferring savings from the Tax Compliance program. State General Funds $1,986,623 $625,000 $800,000 FRIDAY, FEBRUARY 22, 2013 715 292.100 -Fraud Detection and Prevention Appropriation (HB 105) 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 $1,986,623 $625,000 $800,000 State General Funds $1,986,623 $625,000 $800,000 TOTAL PUBLIC FUNDS $1,986,623 $625,000 $800,000 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $3,041,834 $2,891,834 $150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 $3,041,834 $2,891,834 $150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 $3,041,834 $2,891,834 $150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 293.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $28,592 $28,592 293.2 Reduce funds for personnel for one vacant auditor position and one vacant compliance investigator position. State General Funds ($60,000) ($60,000) $28,592 ($60,000) 293.100 -Industry Regulation Appropriation (HB 105) 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. 716 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $3,010,426 $2,860,426 $150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,951,351 $3,010,426 $2,860,426 $150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,951,351 $3,010,426 $2,860,426 $150,000 $518,929 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,951,351 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 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 294.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $171,552 $171,552 $171,552 294.100 -Local Government Services Appropriation (HB 105) 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 $1,990,590 $1,990,590 $1,990,590 State General Funds $1,990,590 $1,990,590 $1,990,590 TOTAL AGENCY FUNDS $3,095,000 $3,095,000 $3,095,000 Sales and Services $3,095,000 $3,095,000 $3,095,000 FRIDAY, FEBRUARY 22, 2013 717 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,095,000 $5,085,590 $3,095,000 $5,085,590 $3,095,000 $5,085,590 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 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 295.100 -Local Tax Officials Retirement and FICA Appropriation (HB 105) 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS 296.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 $886,350 $886,350 $886,350 296.100 -Motor Vehicle Registration and Titling Appropriation (HB 105) 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 $15,151,558 $15,151,558 $15,151,558 718 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,151,558 $6,440,990 $6,440,990 $6,440,990 $21,592,548 $15,151,558 $6,440,990 $6,440,990 $6,440,990 $21,592,548 $15,151,558 $6,440,990 $6,440,990 $6,440,990 $21,592,548 Office of Special Investigations Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 297.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $28,592 $28,592 $28,592 297.100 -Office of Special Investigations Appropriation (HB 105) 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 $3,739,483 $3,739,483 $3,739,483 State General Funds $3,739,483 $3,739,483 $3,739,483 TOTAL PUBLIC FUNDS $3,739,483 $3,739,483 $3,739,483 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 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 FRIDAY, FEBRUARY 22, 2013 719 298.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 298.2 Reduce funds for personnel and operations. State General Funds $28,592 $28,592 $28,592 ($1,169,016) ($1,169,016) ($1,169,016) 298.100 -Revenue Processing Appropriation (HB 105) The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information. TOTAL STATE FUNDS $13,102,935 $13,102,935 $13,102,935 State General Funds $13,102,935 $13,102,935 $13,102,935 TOTAL PUBLIC FUNDS $13,102,935 $13,102,935 $13,102,935 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 $35,779,600 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $55,615,593 $35,779,600 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $55,615,593 $35,779,600 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $55,615,593 299.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $228,736 $228,736 $228,736 299.2 Reduce funds for personnel. State General Funds ($372,383) ($1,734,006) ($522,383) 299.3 Reduce funds for personnel in the Tax Compliance program and transfer savings to the Fraud Detection and Prevention program for contracts. State General Funds ($1,986,623) ($625,000) ($800,000) 720 JOURNAL OF THE SENATE 299.100 -Tax Compliance Appropriation (HB 105) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $33,649,330 $33,649,330 $34,685,953 State General Funds $33,649,330 $33,649,330 $34,685,953 TOTAL AGENCY FUNDS $19,835,993 $19,835,993 $19,835,993 Intergovernmental Transfers $210,000 $210,000 $210,000 Intergovernmental Transfers Not Itemized $210,000 $210,000 $210,000 Sales and Services $19,625,993 $19,625,993 $19,625,993 Sales and Services Not Itemized $19,625,993 $19,625,993 $19,625,993 TOTAL PUBLIC FUNDS $53,485,323 $53,485,323 $54,521,946 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 $1,610,939 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 $1,610,939 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 $1,610,939 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 300.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $114,368 $114,368 $114,368 300.100 -Tax Policy Appropriation (HB 105) 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 $1,725,307 $1,725,307 $1,725,307 FRIDAY, FEBRUARY 22, 2013 721 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 $1,725,307 $965,000 $525,000 $525,000 $440,000 $440,000 $2,690,307 $1,725,307 $965,000 $525,000 $525,000 $440,000 $440,000 $2,690,307 $1,725,307 $965,000 $525,000 $525,000 $440,000 $440,000 $2,690,307 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 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 301.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,057,902 $1,057,902 $1,057,902 301.100 -Technology Support Services Appropriation (HB 105) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $22,547,005 $22,547,005 $22,547,005 State General Funds $22,547,005 $22,547,005 $22,547,005 TOTAL PUBLIC FUNDS $22,547,005 $22,547,005 $22,547,005 Section 42: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Section Total - Continuation $30,930,113 $30,930,113 $30,930,113 $30,930,113 $85,000 $85,000 $1,557,183 $1,557,183 $41,900 $41,900 $30,930,113 $30,930,113 $85,000 $1,557,183 $41,900 722 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL 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 Section Total - Final $31,174,353 $31,174,353 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,816,536 $31,174,353 $31,174,353 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,816,536 $31,299,353 $31,299,353 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,941,536 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 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 FRIDAY, FEBRUARY 22, 2013 723 302.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($1,593) ($1,593) 302.2 Reduce funds for personnel and eliminate five filled positions. (H:Reduce funds for personnel, eliminate five filled positions and one vacant position, and reduce funds for operations)(S:Reduce funds while maintaining service two days a week) State General Funds ($607,626) ($607,626) ($482,626) 302.100 -Archives and Records Appropriation (HB 105) 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 $3,826,263 $3,824,670 $3,949,670 State General Funds $3,826,263 $3,824,670 $3,949,670 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 $4,358,934 $4,357,341 $4,482,341 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 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 303.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($327) ($327) 724 JOURNAL OF THE SENATE 303.100 -Corporations Appropriation (HB 105) 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 $1,261,271 $1,260,944 $1,260,944 State General Funds $1,261,271 $1,260,944 $1,260,944 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $2,000,783 $2,000,456 $2,000,456 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,789,720 $4,789,720 $85,000 $50,000 $50,000 $50,000 $4,924,720 $4,789,720 $4,789,720 $85,000 $50,000 $50,000 $50,000 $4,924,720 $4,789,720 $4,789,720 $85,000 $50,000 $50,000 $50,000 $4,924,720 304.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,181,833 $1,181,833 $1,181,833 304.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($673) ($673) 304.3 Increase funds for printing voter registration applications to comply with the National Voter Registration Act maintenance of effort requirements by transferring savings from the Office Administration program. State General Funds $260,000 $260,000 $260,000 FRIDAY, FEBRUARY 22, 2013 725 304.100 -Elections Appropriation (HB 105) 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 $6,231,553 $6,230,880 $6,230,880 State General Funds $6,231,553 $6,230,880 $6,230,880 TOTAL FEDERAL FUNDS $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 $6,366,553 $6,365,880 $6,365,880 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 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 305.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($4,279) ($167) ($167) 305.2 Reduce funds for the Office Administration program and transfer savings to the Elections program for printing voter registration applications to comply with the National Voter Registration Act maintenance of effort requirements. State General Funds ($260,000) ($260,000) ($260,000) 305.100 -Office Administration Appropriation (HB 105) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $5,853,619 $5,857,731 $5,857,731 State General Funds $5,853,619 $5,857,731 $5,857,731 726 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,000 $15,000 $15,000 $5,868,619 $15,000 $15,000 $15,000 $5,872,731 $15,000 $15,000 $15,000 $5,872,731 Professional Licensing Boards Continuation Budget The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 306.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($859) ($859) 306.100 -Professional Licensing Boards Appropriation (HB 105) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $7,011,199 $7,010,340 $7,010,340 State General Funds $7,011,199 $7,010,340 $7,010,340 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 $7,161,199 $7,160,340 $7,160,340 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. FRIDAY, FEBRUARY 22, 2013 727 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 307.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($82) ($82) 307.100 -Securities Appropriation (HB 105) 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 $833,891 $833,809 $833,809 State General Funds $833,891 $833,809 $833,809 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 $883,891 $883,809 $883,809 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 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 728 JOURNAL OF THE SENATE 308.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 308.2 Reduce funds for operations. State General Funds ($12) ($7,563) ($12) ($7,563) ($12) ($7,563) 308.100 -Commission on the Holocaust, Georgia Appropriation (HB 105) 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 $244,529 $244,529 $244,529 State General Funds $244,529 $244,529 $244,529 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 $264,529 $264,529 $264,529 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 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 309.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 309.2 Reduce funds for personnel to reflect projected expenditures. State General Funds 309.3 Reduce funds for operations. State General Funds 309.4 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $34,473 ($223,829) ($25,251) $34,473 ($223,829) ($25,251) ($53) $34,473 ($223,829) ($25,251) ($53) FRIDAY, FEBRUARY 22, 2013 729 309.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 105) 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 $1,727,090 $1,727,037 $1,727,037 State General Funds $1,727,090 $1,727,037 $1,727,037 TOTAL PUBLIC FUNDS $1,727,090 $1,727,037 $1,727,037 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 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 310.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 310.2 Reduce funds for personnel to reflect projected expenditures. State General Funds 310.3 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $4,734 ($108,871) $4,734 ($108,871) ($525) $4,734 ($108,871) ($525) 310.100 -Real Estate Commission Appropriation (HB 105) 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 $2,840,128 $2,840,128 $2,840,128 $2,839,603 $2,839,603 $2,839,603 $2,839,603 $2,839,603 $2,839,603 730 JOURNAL OF THE SENATE 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 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 311.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $631 $631 $631 311.100 -Government Transparency and Campaign Finance Commission, Georgia Appropriation (HB 105) 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 $1,344,810 $1,344,810 $1,344,810 State General Funds $1,344,810 $1,344,810 $1,344,810 TOTAL PUBLIC FUNDS $1,344,810 $1,344,810 $1,344,810 Section 43: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Section Total - Continuation $2,652,481 $2,652,481 $2,652,481 $2,652,481 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $811,298 $811,298 $811,298 $486,728 $486,728 $224,918 $224,918 $224,918 $224,918 $261,810 $261,810 $2,652,481 $2,652,481 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 FRIDAY, FEBRUARY 22, 2013 731 FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $261,810 $5,217,819 $261,810 $5,217,819 $261,810 $5,217,819 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS Section Total - Final $2,558,834 $2,558,834 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,124,172 $2,558,834 $2,558,834 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,124,172 $2,558,834 $2,558,834 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,124,172 Commission Administration Continuation Budget The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 312.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 312.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 312.3 Reduce funds for operations. State General Funds ($3,502) ($590) ($6,793) ($3,502) ($590) ($6,793) ($3,502) ($590) ($6,793) 312.100 -Commission Administration Appropriation (HB 105) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. 732 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $733,896 $733,896 $733,896 $733,896 $733,896 $733,896 $733,896 $733,896 $733,896 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 313.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 313.2 Reduce funds for personnel and replace with other funds. State General Funds $238,237 $238,237 $932,290 $632,184 $632,184 $632,184 $1,802,711 $238,237 $238,237 $932,290 $632,184 $632,184 $632,184 $1,802,711 $238,237 $238,237 $932,290 $632,184 $632,184 $632,184 $1,802,711 ($542) ($542) ($542) ($26,571) ($26,571) ($26,571) 313.100 -Conservation of Agricultural Water Supplies Appropriation (HB 105) 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 $211,124 $211,124 $211,124 State General Funds $211,124 $211,124 $211,124 TOTAL FEDERAL FUNDS $932,290 $932,290 $932,290 TOTAL AGENCY FUNDS $632,184 $632,184 $632,184 Intergovernmental Transfers $632,184 $632,184 $632,184 Intergovernmental Transfers Not Itemized $632,184 $632,184 $632,184 TOTAL PUBLIC FUNDS $1,775,598 $1,775,598 $1,775,598 FRIDAY, FEBRUARY 22, 2013 733 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $1,383,592 $1,383,592 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 $1,383,592 $1,383,592 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 $1,383,592 $1,383,592 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 314.1 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 314.2 Reduce funds for personnel and replace with other funds. State General Funds ($1,992) ($22,948) ($1,992) ($22,948) ($1,992) ($22,948) 314.100 -Conservation of Soil and Water Resources Appropriation (HB 105) 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 $1,358,652 $1,358,652 $1,358,652 734 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $1,358,652 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,358,769 $1,358,652 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,358,769 $1,358,652 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,358,769 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 TOTAL PUBLIC FUNDS $123,242 $123,242 $747 $123,989 $123,242 $123,242 $747 $123,989 $123,242 $123,242 $747 $123,989 315.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 105) 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 $747 $747 $747 TOTAL PUBLIC FUNDS $123,989 $123,989 $123,989 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. FRIDAY, FEBRUARY 22, 2013 735 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 $162,629 316.1 Reduce funds for operations. State General Funds 316.2 Reduce funds for personnel and replace with other funds. State General Funds ($21,669) ($9,040) ($21,669) ($9,040) ($21,669) ($9,040) 316.100 -Water Resources and Land Use Planning Appropriation (HB 105) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $131,920 $131,920 $131,920 State General Funds $131,920 $131,920 $131,920 TOTAL PUBLIC FUNDS $131,920 $131,920 $131,920 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 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Section Total - Continuation $640,153,723 $640,153,723 $34,316,177 $34,316,177 $605,837,546 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $641,735,855 $641,735,855 Section Total - Final $599,884,609 $32,751,909 $567,132,700 $2,654,594 $44,297 $44,297 $599,884,609 $32,751,909 $567,132,700 $2,654,594 $44,297 $44,297 $640,153,723 $34,316,177 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $641,735,855 $600,053,359 $32,920,659 $567,132,700 $2,654,594 $44,297 $44,297 736 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $2,610,297 $2,610,297 $602,539,203 $2,610,297 $2,610,297 $602,539,203 $2,610,297 $2,610,297 $602,707,953 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 317.1 Increase funds to meet projected need. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: $200,000 $1,273,213 $1,473,213 $200,000 $1,273,213 $1,473,213 $200,000 $1,273,213 $1,473,213 317.100 -Accel Appropriation (HB 105) The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving dual high school and college credit for courses successfully completed. TOTAL STATE FUNDS $6,700,000 $6,700,000 $6,700,000 State General Funds $6,700,000 $6,700,000 $6,700,000 TOTAL AGENCY FUNDS $1,842,895 $1,842,895 $1,842,895 Intergovernmental Transfers $1,842,895 $1,842,895 $1,842,895 Intergovernmental Transfers Not Itemized $1,842,895 $1,842,895 $1,842,895 TOTAL PUBLIC FUNDS $8,542,895 $8,542,895 $8,542,895 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. FRIDAY, FEBRUARY 22, 2013 737 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 $570,000 318.1 Increase funds. State General Funds $168,750 318.100 -Engineer Scholarship Appropriation (HB 105) 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 $738,750 State General Funds $570,000 $570,000 $738,750 TOTAL PUBLIC FUNDS $570,000 $570,000 $738,750 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 $1,094,862 319.100 -Georgia Military College Scholarship Appropriation (HB 105) 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. 738 JOURNAL OF THE SENATE 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 $800,000 320.100 -HERO Scholarship Appropriation (HB 105) 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 $7,922,124 $0 $7,922,124 $7,922,124 $7,922,124 $0 $7,922,124 $7,922,124 $7,922,124 $0 $7,922,124 $7,922,124 321.1 Reduce funds to reflect an adjustment in the property insurance premiums. Lottery Proceeds ($3,528) ($3,528) ($3,528) 321.100 -HOPE Administration Appropriation (HB 105) 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 $7,918,596 $7,918,596 $7,918,596 Lottery Proceeds $7,918,596 $7,918,596 $7,918,596 TOTAL PUBLIC FUNDS $7,918,596 $7,918,596 $7,918,596 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. FRIDAY, FEBRUARY 22, 2013 739 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 322.1 Reduce funds to meet projected need. Lottery Proceeds $2,636,276 $0 $2,636,276 $2,636,276 $2,636,276 $0 $2,636,276 $2,636,276 $2,636,276 $0 $2,636,276 $2,636,276 ($705,980) ($705,980) ($705,980) 322.100 -HOPE GED Appropriation (HB 105) 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 $1,930,296 $1,930,296 $1,930,296 Lottery Proceeds $1,930,296 $1,930,296 $1,930,296 TOTAL PUBLIC FUNDS $1,930,296 $1,930,296 $1,930,296 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 $112,658,625 $112,658,625 $112,658,625 $112,658,625 $112,658,625 $112,658,625 $112,658,625 $112,658,625 $112,658,625 323.1 Reduce funds to meet projected need while maintaining the current award amount. Lottery Proceeds ($23,206,038) ($23,206,038) ($23,206,038) 323.100 -HOPE Grant Appropriation (HB 105) 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 $89,452,587 $89,452,587 $89,452,587 Lottery Proceeds $89,452,587 $89,452,587 $89,452,587 TOTAL PUBLIC FUNDS $89,452,587 $89,452,587 $89,452,587 740 JOURNAL OF THE SENATE 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 $54,385,503 $54,385,503 $54,385,503 $54,385,503 $54,385,503 $54,385,503 $54,385,503 $54,385,503 $54,385,503 324.1 Reduce funds to meet projected need while maintaining the current award amount. Lottery Proceeds ($5,883,155) 324.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds ($2,471,726) ($5,883,155) ($2,471,726) ($5,883,155) ($2,471,726) 324.100 -HOPE Scholarships - Private Schools Appropriation (HB 105) 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 $46,030,622 $46,030,622 $46,030,622 Lottery Proceeds $46,030,622 $46,030,622 $46,030,622 TOTAL PUBLIC FUNDS $46,030,622 $46,030,622 $46,030,622 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 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 325.1 Reduce funds to meet projected need while maintaining the current award amount. Lottery Proceeds ($2,880,572) 325.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds ($3,553,847) ($2,880,572) ($3,553,847) ($2,880,572) ($3,553,847) FRIDAY, FEBRUARY 22, 2013 741 325.100 -HOPE Scholarships - Public Schools Appropriation (HB 105) 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 $401,800,599 $401,800,599 $401,800,599 Lottery Proceeds $401,800,599 $401,800,599 $401,800,599 TOTAL PUBLIC FUNDS $401,800,599 $401,800,599 $401,800,599 Low Interest Loans Continuation Budget 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 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 $20,000,000 326.100 -Low Interest Loans Appropriation (HB 105) 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 $1,444,576 $1,444,576 $1,444,576 $1,444,576 $1,444,576 $1,444,576 742 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $482,723 $482,723 $482,723 $1,927,299 $482,723 $482,723 $482,723 $1,927,299 $482,723 $482,723 $482,723 $1,927,299 327.1 Reduce funds to meet projected need. Intergovernmental Transfers Not Itemized ($245,048) ($245,048) ($245,048) 327.100 -North Georgia Military Scholarship Grants Appropriation (HB 105) 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 $1,444,576 $1,444,576 $1,444,576 State General Funds $1,444,576 $1,444,576 $1,444,576 TOTAL AGENCY FUNDS $237,675 $237,675 $237,675 Intergovernmental Transfers $237,675 $237,675 $237,675 Intergovernmental Transfers Not Itemized $237,675 $237,675 $237,675 TOTAL PUBLIC FUNDS $1,682,251 $1,682,251 $1,682,251 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 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 328.100 -North Georgia ROTC Grants Appropriation (HB 105) 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 $875,000 $875,000 $875,000 State General Funds $875,000 $875,000 $875,000 TOTAL PUBLIC FUNDS $875,000 $875,000 $875,000 FRIDAY, FEBRUARY 22, 2013 743 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 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 329.100 -Public Memorial Safety Grant Appropriation (HB 105) 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 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 $22,426,050 330.1 Reduce funds to meet projected need while maintaining the current award amount. State General Funds ($1,720,215) ($1,720,215) ($1,720,215) 330.100 -Tuition Equalization Grants Appropriation (HB 105) 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. 744 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $20,176,108 $20,176,108 $529,727 $529,727 $529,727 $20,705,835 $20,176,108 $20,176,108 $529,727 $529,727 $529,727 $20,705,835 $20,176,108 $20,176,108 $529,727 $529,727 $529,727 $20,705,835 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 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 331.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 331.2 Replace funds. State General Funds Reserved Fund Balances Not Itemized Total Public Funds: $244 ($44,297) $44,297 $0 $244 ($44,297) $44,297 $0 $244 ($44,297) $44,297 $0 331.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 105) 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $714,602 $714,602 $44,297 $44,297 $44,297 $758,899 $714,602 $714,602 $44,297 $44,297 $44,297 $758,899 $714,602 $714,602 $44,297 $44,297 $44,297 $758,899 FRIDAY, FEBRUARY 22, 2013 745 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 $590,000 $590,000 $590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,646,587 $31,646,587 $590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587 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 $31,056,587 $31,056,587 $31,056,587 $31,646,587 $590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587 $590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587 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 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 332.100 -Floor/COLA, Local System Fund Appropriation (HB 105) 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 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 746 JOURNAL OF THE SENATE System Administration Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 333.100 -System Administration Appropriation (HB 105) 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Section Total - Continuation $330,570,350 $330,570,350 $330,570,350 $330,570,350 $67,104,084 $67,104,084 $268,710,000 $268,710,000 $2,100,000 $2,100,000 $2,100,000 $2,100,000 $330,570,350 $330,570,350 $67,104,084 $268,710,000 $2,100,000 $2,100,000 FRIDAY, FEBRUARY 22, 2013 747 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 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $667,744,434 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $667,744,434 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $667,744,434 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $317,616,387 $317,616,387 $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 $654,790,471 $317,616,387 $317,616,387 $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 $654,790,471 $317,616,387 $317,616,387 $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 $654,790,471 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 TOTAL AGENCY FUNDS $13,473,095 $13,473,095 $20,447,889 $5,480,000 $13,473,095 $13,473,095 $20,447,889 $5,480,000 $13,473,095 $13,473,095 $20,447,889 $5,480,000 748 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 334.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $317 $317 $317 334.2 Reduce funds for personnel and convert six full-time positions to part-time. State General Funds ($282,508) ($282,508) ($282,508) 334.3 Reduce funds for operations. State General Funds ($121,685) ($121,685) ($121,685) 334.100 -Adult Literacy Appropriation (HB 105) 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 $13,069,219 $13,069,219 $13,069,219 State General Funds $13,069,219 $13,069,219 $13,069,219 TOTAL FEDERAL FUNDS $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 $38,997,108 $38,997,108 $38,997,108 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 $7,944,927 $7,944,927 $657,195 $7,944,927 $7,944,927 $657,195 $7,944,927 $7,944,927 $657,195 FRIDAY, FEBRUARY 22, 2013 749 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 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 335.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 335.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 335.3 Reduce funds for personnel for one filled position and one vacant position. State General Funds 335.4 Reduce funds for operations. State General Funds 335.5 Reduce funds for information technology. State General Funds 335.6 Reduce funds for telecommunications. State General Funds $18,179 ($1,391) ($155,848) ($68,000) ($5,000) ($9,500) $18,179 ($1,391) ($155,848) ($68,000) ($5,000) ($9,500) $18,179 ($1,391) ($155,848) ($68,000) ($5,000) ($9,500) 335.100 -Departmental Administration Appropriation (HB 105) 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 $7,723,367 $7,723,367 $7,723,367 State General Funds $7,723,367 $7,723,367 $7,723,367 TOTAL FEDERAL FUNDS $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 $100,000 750 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $110,000 $110,000 $110,000 $8,590,562 $110,000 $110,000 $110,000 $8,590,562 $110,000 $110,000 $110,000 $8,590,562 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,578,020 $12,578,020 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 $12,578,020 $12,578,020 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 $12,578,020 $12,578,020 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 336.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 336.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 336.3 Reduce funds for Quick Start. State General Funds $15,434 ($7,039) ($377,341) $15,434 ($7,039) ($377,341) $15,434 ($7,039) ($377,341) 336.100 -Quick Start and Customized Services Appropriation (HB 105) 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 $12,209,074 $12,209,074 $12,209,074 State General Funds $12,209,074 $12,209,074 $12,209,074 TOTAL FEDERAL FUNDS $1,000,000 $1,000,000 $1,000,000 FRIDAY, FEBRUARY 22, 2013 751 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,930,000 $8,930,000 $8,930,000 $22,139,074 $8,930,000 $8,930,000 $8,930,000 $22,139,074 $8,930,000 $8,930,000 $8,930,000 $22,139,074 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 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 $296,574,308 $296,574,308 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $597,023,308 $296,574,308 $296,574,308 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $597,023,308 $296,574,308 $296,574,308 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $597,023,308 337.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 337.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 337.3 Reduce funds for personnel. State General Funds 337.4 Reduce funds for operations. State General Funds $339,943 ($436,552) ($9,908,480) ($1,954,492) $339,943 ($436,552) ($9,908,480) ($1,954,492) $339,943 ($436,552) ($9,908,480) ($1,954,492) 752 JOURNAL OF THE SENATE 337.100 -Technical Education Appropriation (HB 105) 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 $284,614,727 $284,614,727 $284,614,727 State General Funds $284,614,727 $284,614,727 $284,614,727 TOTAL FEDERAL FUNDS $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 $585,063,727 $585,063,727 $585,063,727 Section 48: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $794,416,060 $794,416,060 $794,416,060 State General Funds $7,640,787 $7,640,787 $7,640,787 State Motor Fuel Funds $786,775,273 $786,775,273 $786,775,273 TOTAL FEDERAL FUNDS $1,210,491,192 $1,210,491,192 $1,210,491,192 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,143,629,823 $1,143,629,823 $1,143,629,823 TOTAL AGENCY FUNDS $5,848,289 $5,848,289 $5,848,289 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 Royalties and Rents $88,239 $88,239 $88,239 Royalties and Rents Not Itemized $88,239 $88,239 $88,239 Sales and Services $5,164,817 $5,164,817 $5,164,817 Sales and Services Not Itemized $5,164,817 $5,164,817 $5,164,817 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 $2,011,398,143 $2,011,398,143 $2,011,398,143 FRIDAY, FEBRUARY 22, 2013 753 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 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 $864,052,668 $6,848,033 $857,204,635 $1,210,491,192 $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 $2,081,034,751 $864,177,668 $6,973,033 $857,204,635 $1,210,491,192 $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 $2,081,159,751 $864,177,668 $6,973,033 $857,204,635 $1,210,491,192 $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 $2,081,159,751 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,064,237 $3,064,237 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 $3,064,237 $3,064,237 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 $3,064,237 $3,064,237 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 338.1 Reduce funds for the state match for airport aid grants. State General Funds ($125,000) $0 $0 754 JOURNAL OF THE SENATE 338.100 -Airport Aid Appropriation (HB 105) 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 $2,939,237 $3,064,237 $3,064,237 State General Funds $2,939,237 $3,064,237 $3,064,237 TOTAL FEDERAL FUNDS $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 $38,482,589 $38,607,589 $38,607,589 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 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 339.1 Increase funds for capital outlay projects. State Motor Fuel Funds $8,883,057 $8,883,057 $8,883,057 339.100 -Capital Construction Projects Appropriation (HB 105) 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 $220,538,536 $220,538,536 $220,538,536 State Motor Fuel Funds $220,538,536 $220,538,536 $220,538,536 TOTAL FEDERAL FUNDS $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 TOTAL PUBLIC FUNDS $895,791,235 $895,791,235 $895,791,235 FRIDAY, FEBRUARY 22, 2013 755 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 $60,560,150 $0 $60,560,150 $128,218,385 $128,218,385 $188,778,535 $60,560,150 $0 $60,560,150 $128,218,385 $128,218,385 $188,778,535 $60,560,150 $0 $60,560,150 $128,218,385 $128,218,385 $188,778,535 340.100 -Capital Maintenance Projects Appropriation (HB 105) The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $60,560,150 $60,560,150 $128,218,385 $128,218,385 $188,778,535 $60,560,150 $60,560,150 $128,218,385 $128,218,385 $188,778,535 $60,560,150 $60,560,150 $128,218,385 $128,218,385 $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 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 $74,357,642 $0 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 $74,357,642 $0 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 $74,357,642 $0 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 756 JOURNAL OF THE SENATE 341.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $2,416,021 $2,416,021 341.2 Increase funds to reflect a prior year adjustment in general liability insurance. State Motor Fuel Funds $1,554,605 $1,554,605 $2,416,021 $1,554,605 341.100 -Construction Administration Appropriation (HB 105) 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 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 $78,328,268 $78,328,268 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $143,386,258 $78,328,268 $78,328,268 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $143,386,258 $78,328,268 $78,328,268 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $143,386,258 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 FRIDAY, FEBRUARY 22, 2013 757 342.100 -Data Collection, Compliance and Reporting Appropriation (HB 105) 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 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 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 Departmental Administration Continuation Budget The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. 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 $62,821,793 343.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $920,350 $920,350 $920,350 343.2 Increase funds for operations to implement the Small Business Enterprise and Disadvantaged Business Enterprise programs. State Motor Fuel Funds $800,000 $800,000 $800,000 758 JOURNAL OF THE SENATE 343.100 -Departmental Administration Appropriation (HB 105) 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 $52,803,350 $52,803,350 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $64,542,143 $52,803,350 $52,803,350 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $64,542,143 $52,803,350 $52,803,350 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $64,542,143 Local Maintenance and Improvement Grants Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $110,642,250 $0 $110,642,250 $110,642,250 $110,642,250 $0 $110,642,250 $110,642,250 $110,642,250 $0 $110,642,250 $110,642,250 345.100 -Local Maintenance and Improvement Grants Appropriation (HB 105) 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 $110,642,250 $110,642,250 $110,642,250 State Motor Fuel Funds $110,642,250 $110,642,250 $110,642,250 TOTAL PUBLIC FUNDS $110,642,250 $110,642,250 $110,642,250 Local Road Assistance Administration Continuation Budget The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. FRIDAY, FEBRUARY 22, 2013 759 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 $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 346.1 Reduce funds for operations to reflect projected expenditures. State Motor Fuel Funds ($4,500,000) ($4,500,000) ($4,500,000) 346.100 -Local Road Assistance Administration Appropriation (HB 105) 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 $12,354,565 $12,354,565 $12,354,565 State Motor Fuel Funds $12,354,565 $12,354,565 $12,354,565 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 $45,708,468 $45,708,468 $45,708,468 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 $3,756,074 $0 $3,756,074 $3,756,074 $0 $3,756,074 $3,756,074 $0 $3,756,074 760 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $14,683,804 $14,683,804 $18,439,878 $14,683,804 $14,683,804 $18,439,878 $14,683,804 $14,683,804 $18,439,878 347.100 -Planning Appropriation (HB 105) 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 PUBLIC FUNDS $18,439,878 $18,439,878 $18,439,878 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 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 348.1 Reduce funds for property tax assessment to reflect projected expenditures. State General Funds ($105,442) ($105,442) ($105,442) 348.100 -Ports and Waterways Appropriation (HB 105) 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 $836,370 $836,370 $836,370 State General Funds $836,370 $836,370 $836,370 TOTAL PUBLIC FUNDS $836,370 $836,370 $836,370 FRIDAY, FEBRUARY 22, 2013 761 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 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 349.1 Reduce funds for personnel to reflect projected expenditures. State General Funds ($234,427) ($234,427) ($234,427) 349.100 -Rail Appropriation (HB 105) 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 $122,464 $122,464 $122,464 State General Funds $122,464 $122,464 $122,464 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 $210,703 $210,703 $210,703 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 $173,068,804 $173,068,804 $173,068,804 $0 $0 $0 762 JOURNAL OF THE SENATE 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 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 350.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $1,197,080 $1,197,080 350.2 Increase funds for operations. State Motor Fuel Funds $14,170,868 $14,170,868 350.3 Increase funds to reflect a prior year adjustment in general liability insurance. State Motor Fuel Funds $3,813,471 $3,813,471 $1,197,080 $14,170,868 $3,813,471 350.100 -Routine Maintenance Appropriation (HB 105) 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 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 $192,250,223 $192,250,223 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $217,779,277 $192,250,223 $192,250,223 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $217,779,277 $192,250,223 $192,250,223 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $217,779,277 FRIDAY, FEBRUARY 22, 2013 763 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 $59,337,643 351.1 Increase funds for the agreement between the Department of Transportation and the Department of Public Safety for trooper school funding. State Motor Fuel Funds $9,133,997 $9,133,997 $9,133,997 351.2 Increase funds for the Motor Carrier Compliance agreement with the Department of Public Safety. State Motor Fuel Funds $5,062,567 $5,062,567 $5,062,567 351.100 -Traffic Management and Control Appropriation (HB 105) 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 $33,837,425 $33,837,425 $33,837,425 State Motor Fuel Funds $33,837,425 $33,837,425 $33,837,425 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 $4,026,240 764 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,026,240 $4,026,240 $73,534,207 $4,026,240 $4,026,240 $73,534,207 $4,026,240 $4,026,240 $73,534,207 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,277,847 $3,277,847 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 $3,277,847 $3,277,847 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 $3,277,847 $3,277,847 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 352.1 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds 352.2 Reduce funds for the state match for local transit projects. State General Funds ($100) ($327,785) ($100) ($327,785) ($100) ($327,785) 352.100 -Transit Appropriation (HB 105) 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 $2,949,962 $2,949,962 $2,949,962 State General Funds $2,949,962 $2,949,962 $2,949,962 TOTAL FEDERAL FUNDS $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 $34,280,329 $34,280,329 $34,280,329 FRIDAY, FEBRUARY 22, 2013 765 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 $62,351,674 $0 $62,351,674 $148,156,201 $148,156,201 $210,507,875 $62,351,674 $0 $62,351,674 $148,156,201 $148,156,201 $210,507,875 $62,351,674 $0 $62,351,674 $148,156,201 $148,156,201 $210,507,875 353.1 Transfer funds from the Debt Sinking Fund program to the State Road and Tollway Authority for defeasance of the outstanding bonds for SR GA-400 and associated closing expenses. State Motor Fuel Funds $26,977,346 $26,977,346 $26,977,346 353.100 -Payments to the State Road and Tollway Authority Appropriation (HB 105) 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 Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $89,329,020 $89,329,020 $148,156,201 $148,156,201 $237,485,221 $89,329,020 $89,329,020 $148,156,201 $148,156,201 $237,485,221 $89,329,020 $89,329,020 $148,156,201 $148,156,201 $237,485,221 It is the intent of the 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. 766 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. Section 49: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS Section Total - Continuation $20,429,441 $20,429,441 $20,429,441 $20,429,441 $18,260,569 $18,260,569 $38,690,010 $38,690,010 $20,429,441 $20,429,441 $18,260,569 $38,690,010 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $19,954,137 $19,954,137 $18,260,569 $291,281 $291,281 $291,281 $38,505,987 $19,833,627 $19,833,627 $18,260,569 $291,281 $291,281 $291,281 $38,385,477 $19,833,627 $19,833,627 $18,260,569 $291,281 $291,281 $291,281 $38,385,477 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 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 FRIDAY, FEBRUARY 22, 2013 767 354.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $95,863 $95,863 $95,863 354.100 -Departmental Administration Appropriation (HB 105) 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 $1,474,015 $1,474,015 $1,474,015 State General Funds $1,474,015 $1,474,015 $1,474,015 TOTAL PUBLIC FUNDS $1,474,015 $1,474,015 $1,474,015 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 TOTAL PUBLIC FUNDS $484,954 $484,954 $178,004 $662,958 $484,954 $484,954 $178,004 $662,958 $484,954 $484,954 $178,004 $662,958 355.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 105) 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 $484,954 State General Funds $484,954 $484,954 $484,954 TOTAL FEDERAL FUNDS $178,004 $178,004 $178,004 TOTAL PUBLIC FUNDS $662,958 $662,958 $662,958 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 $5,035,364 $5,035,364 $5,035,364 $5,035,364 $5,035,364 $5,035,364 768 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $5,286,048 $10,321,412 $5,286,048 $10,321,412 $5,286,048 $10,321,412 356.1 Reduce funds due to lowered average daily patient census. State General Funds ($251,282) ($251,282) ($251,282) 356.2 Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Veterans Benefits program for personnel. State General Funds ($98,818) ($98,818) ($98,818) 356.3 Increase funds to recognize residency fee revenue. Sales and Services Not Itemized $149,079 $149,079 $149,079 356.4 Utilize existing state funds ($50,261) for the FY2013 Teachers' Retirement System contract increase. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 356.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 105) 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 $4,685,264 $4,685,264 $4,685,264 State General Funds $4,685,264 $4,685,264 $4,685,264 TOTAL FEDERAL FUNDS $5,286,048 $5,286,048 $5,286,048 TOTAL AGENCY FUNDS $149,079 $149,079 $149,079 Sales and Services $149,079 $149,079 $149,079 Sales and Services Not Itemized $149,079 $149,079 $149,079 TOTAL PUBLIC FUNDS $10,120,391 $10,120,391 $10,120,391 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 TOTAL PUBLIC FUNDS $7,834,427 $7,834,427 $8,173,077 $16,007,504 $7,834,427 $7,834,427 $8,173,077 $16,007,504 $7,834,427 $7,834,427 $8,173,077 $16,007,504 FRIDAY, FEBRUARY 22, 2013 769 357.1 Reduce funds due to lowered average daily patient census. State General Funds ($361,601) ($361,601) ($361,601) 357.2 Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Veterans Benefits program for personnel. State General Funds ($142,202) ($142,202) ($142,202) 357.3 Increase funds to recognize residency fee revenue. Sales and Services Not Itemized $142,202 $142,202 $142,202 357.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 105) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $7,330,624 $7,330,624 $7,330,624 State General Funds $7,330,624 $7,330,624 $7,330,624 TOTAL FEDERAL FUNDS $8,173,077 $8,173,077 $8,173,077 TOTAL AGENCY FUNDS $142,202 $142,202 $142,202 Sales and Services $142,202 $142,202 $142,202 Sales and Services Not Itemized $142,202 $142,202 $142,202 TOTAL PUBLIC FUNDS $15,645,903 $15,645,903 $15,645,903 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 TOTAL PUBLIC FUNDS $5,696,544 $5,696,544 $4,623,440 $10,319,984 $5,696,544 $5,696,544 $4,623,440 $10,319,984 $5,696,544 $5,696,544 $4,623,440 $10,319,984 358.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $53,923 $53,923 $53,923 770 JOURNAL OF THE SENATE 358.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($12,207) ($12,207) ($12,207) 358.3 Transfer funds from the Georgia War Veterans Nursing Home-Augusta ($98,818) and the Georgia War Veterans HomeMilledgeville ($142,202) for twelve new field officer positions and two new claims and appeals positions. (S:Transfer funds from the Georgia War Veterans Nursing Home-Augusta and the Georgia War Veterans Home-Milledgeville for twelve new field officer positions and two new claims and appeals positions and reflect actual start date) State General Funds $241,020 $120,510 $120,510 358.100 -Veterans Benefits Appropriation (HB 105) 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 $5,979,280 $5,858,770 $5,858,770 State General Funds $5,979,280 $5,858,770 $5,858,770 TOTAL FEDERAL FUNDS $4,623,440 $4,623,440 $4,623,440 TOTAL PUBLIC FUNDS $10,602,720 $10,482,210 $10,482,210 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 $21,955,175 $21,955,175 $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $22,479,007 $22,479,007 Section Total - Final $22,443,852 $22,443,852 $523,832 $523,832 $523,832 $22,967,684 $22,443,852 $22,443,852 $523,832 $523,832 $523,832 $22,967,684 $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $22,479,007 $22,443,852 $22,443,852 $523,832 $523,832 $523,832 $22,967,684 FRIDAY, FEBRUARY 22, 2013 771 Administer the Workers' Compensation Laws Continuation Budget The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 359.100 -Administer the Workers' Compensation Laws Appropriation (HB 105) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 360.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $488,976 $488,976 $488,976 772 JOURNAL OF THE SENATE 360.2 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($299) 360.3 Remit payment to the State Treasury. (Total Funds: $5,303,747)(G:YES)(H:YES)(S:YES) State General Funds $0 ($299) $0 ($299) $0 360.100 -Board Administration Appropriation (HB 105) 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 $11,196,332 $11,196,332 $11,196,332 State General Funds $11,196,332 $11,196,332 $11,196,332 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 $11,261,811 $11,261,811 $11,261,811 Section 51: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS Section Total - Continuation $1,124,937,314 $1,124,937,314 $942,063,253 $942,063,253 $182,874,061 $182,874,061 $16,456,398 $16,456,398 $1,141,393,712 $1,141,393,712 $1,124,937,314 $942,063,253 $182,874,061 $16,456,398 $1,141,393,712 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS Section Total - Final $950,394,862 $824,306,389 $126,088,473 $16,456,398 $966,851,260 $950,158,305 $824,069,832 $126,088,473 $16,456,398 $966,614,703 $950,274,605 $824,186,132 $126,088,473 $16,456,398 $966,731,003 General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS Continuation Budget $1,041,915,306 $1,041,915,306 $1,041,915,306 FRIDAY, FEBRUARY 22, 2013 773 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS $859,041,245 $182,874,061 $16,456,398 $1,058,371,704 $859,041,245 $182,874,061 $16,456,398 $1,058,371,704 $859,041,245 $182,874,061 $16,456,398 $1,058,371,704 361.1 Reduce funds for debt service to reflect savings associated with refundings and favorable rates received in recent bond sales. State General Funds ($144,252,667) ($144,252,667) ($144,252,667) 361.2 Repeal the authorization of $500,000 in 5-year bonds from FY2011 (HB948) for the University system of Georgia for the design of the Ray Charles Fine Arts Center at Albany State University. State General Funds ($116,300) ($116,300) $0 361.3 Repeal the authorization of $2,300,000 in 5-year bonds from FY2013 (HB742) for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University. (H and S:Reflect in GO Bonds New) State General Funds ($531,300) $0 $0 361.4 Repeal the authorization of $2,670,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction. State General Funds ($242,436) ($242,436) ($242,436) 361.5 Repeal the authorization of $525,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction. State General Funds ($47,670) ($47,670) ($47,670) 361.6 Repeal the authorization of $495,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) for the Capital Outlay Program - Low Wealth for local school construction. State General Funds ($44,946) ($44,946) ($44,946) 361.7 Repeal the authorization of $10,455,000 in 20-year bonds from FY2011 (HB948) for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular for local school construction. State General Funds ($911,676) ($911,676) ($911,676) 361.8 Repeal the authorization of $5,210,000 in 20-year bonds from FY2011 (HB948) for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction. State General Funds ($454,312) ($454,312) ($454,312) 774 JOURNAL OF THE SENATE 361.9 Repeal the authorization of $4,765,000 in 20-year bonds from FY2011 (HB948) for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction. State General Funds ($415,508) ($415,508) ($415,508) 361.10 Repeal the authorization of $25,000 in 20-year bonds from FY2011 (HB948) for the State Board of Education (Department of Education) for the Capital Outlay Program - Low Wealth for local school construction. State General Funds ($2,180) ($2,180) ($2,180) 361.11 Replace funds. State General Funds State Motor Fuel Funds Total Public Funds: $29,808,242 ($29,808,242) $0 $29,808,242 ($29,808,242) $0 $29,808,242 ($29,808,242) $0 361.12 Reduce funds. State General Funds ($40,643) $0 $0 361.13 Reduce funds for debt service and transfer savings to the Department of Transportation for defeasance of the outstanding bonds for GA-400 and associated closing expenses. State Motor Fuel Funds ($26,977,346) ($26,977,346) ($26,977,346) 361.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS TOTAL PUBLIC FUNDS General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $867,878,322 $741,789,849 $126,088,473 $16,456,398 $884,334,720 Appropriation (HB 105) $868,450,265 $868,566,565 $742,361,792 $742,478,092 $126,088,473 $126,088,473 $16,456,398 $16,456,398 $884,906,663 $885,022,963 Continuation Budget $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 FRIDAY, FEBRUARY 22, 2013 775 362.1 Repeal the authorization of $5,140,000 in 20-year bonds from FY2013 (HB742) for the Department of Education for the Capital Outlay Program - Regular Advance for local school construction and redirect $5,140,000 in available bond proceeds from a FY2009 (HB990) Capital Outlay Program - Regular Advance bond issuance towards these projects. State General Funds ($439,984) ($439,984) ($439,984) 362.2 Repeal the authorization of $765,000 in 20-year bonds from FY2013 (HB742) for the Department of Education for the Capital Outlay Program - Low Wealth for local school construction and redirect $765,000 in available bond proceeds from a FY2009 (HB990) Capital Outlay Program - Additional Low Wealth bond issuance towards these projects. State General Funds ($65,484) ($65,484) ($65,484) 362.3 Repeal the authorization of $2,300,000 in 5-year bonds from FY2013 (HB742) for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University. State General Funds ($531,300) ($531,300) 362.4 Repeal the authorization of $1,200,000 in 5-year bonds from FY2013 (HB742) for the Technical College System of Georgia for equipment for the classroom building at Southern Crescent Technical College. State General Funds ($277,200) ($277,200) 362.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $82,516,540 $82,516,540 $82,516,540 Appropriation (HB 105) $81,708,040 $81,708,040 $81,708,040 $81,708,040 $81,708,040 $81,708,040 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 776 JOURNAL OF THE SENATE 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 $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, FRIDAY, FEBRUARY 22, 2013 777 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 improvement of land, waters, 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 # 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 778 JOURNAL OF THE SENATE 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 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 FRIDAY, FEBRUARY 22, 2013 779 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 Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 780 JOURNAL OF THE SENATE facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 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 FRIDAY, FEBRUARY 22, 2013 781 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 # 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 782 JOURNAL OF THE SENATE 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, waters, 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 FRIDAY, FEBRUARY 22, 2013 783 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 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 784 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 $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 acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. FRIDAY, FEBRUARY 22, 2013 785 [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 $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, 786 JOURNAL OF THE SENATE 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. [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 FRIDAY, FEBRUARY 22, 2013 787 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, waters, 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 788 JOURNAL OF THE SENATE 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 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. FRIDAY, FEBRUARY 22, 2013 789 [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 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. Section 52: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: Education, Department of 397.302 BOND: K - 12 Schools: $105,200,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,552,160 is specifically appropriated for the purpose of financing educational facilities for 790 JOURNAL OF THE SENATE county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $105,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: [Bond 397.302] From State General Funds, $9,309,724 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 $102,530,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316-317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: Education, Department of 397.303 BOND: K - 12 Schools: $78,690,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $7,145,052 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: [Bond 397.303] From State General Funds, $7,097,382 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,165,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume FRIDAY, FEBRUARY 22, 2013 791 One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: Education, Department of 397.304 BOND: K - 12 Schools: $2,020,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $183,416 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: [Bond 397.304] From State General Funds, $138,470 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 $1,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows: [Bond # 1] From State General Funds, $3,876,476 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $44,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond # 1] From State General Funds, $2,964,800 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $34,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 792 JOURNAL OF THE SENATE 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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows: [Bond # 2] From State General Funds, $1,326,748 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $15,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond # 2] From State General Funds, $911,240 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 $10,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 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, 152, Act No. 684, 2010 Regular Session, H.B. 948), carried forward by 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, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows: [Bond # 3] From State General Funds, $3,701,640 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $42,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond # 3] From State General Funds, $3,247,328 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 $37,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. FRIDAY, FEBRUARY 22, 2013 793 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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows: [Bond # 4] From State General Funds, $407,224 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond # 4] From State General Funds, $405,044 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,645,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows: [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. is hereby amended to read as follows: [Bond # 3] From State General Funds, $2,084,360 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 $24,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows: 794 JOURNAL OF THE SENATE [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. is hereby amended to read as follows: [Bond # 4] From State General Funds, $1,142,760 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $13,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 164, Act No. 775, 2012 Regular Session, H.B. 742) is hereby repealed in its entirety: [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. The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 167, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows: [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. is hereby amended to read as follows: FRIDAY, FEBRUARY 22, 2013 795 [Bond # 42] From State General Funds, $60,060 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 $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty 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 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 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. 796 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 ten percent (10%) 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: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part III: Repeal Conflicting Laws All laws and parts of laws in conflict with this Act are repealed. FRIDAY, FEBRUARY 22, 2013 797 Senator Tate of the 38th District moved to amend the Senate Appropriations Committee Substitute to HB 105 by adding funds to line 139.1 page 77 to read: Text: Reduce funds for the school lunch program. (S:Restore funds) Fund Sources: State General Funds - $527,796 And by reducing funds from line 288.3 page 152 to read: Text: Reduce funds added in HB742 (2012 Session) for special education programming. (S:Reduce funds added in HB742 (2012 Session) for special education programming ($50,000) and personnel ($150,000)) Fund Sources: State General Funds: - $200,000 End of Amendment On the adoption of the amendment, Senator Tate of the 38th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Beach N Bethel E Burke Y Butler E Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport E Harbison N Harper N Heath E Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James E Jeffares N Jones, B N Miller N Mullis N Murphy Y Orrock Y Ramsey Y Seay N Shafer Y Sims N Staton N Stone Y Tate E Thompson, C N Thompson, S 798 JOURNAL OF THE SENATE Davis N Dugan Y Fort N Ginn N Golden N Gooch Y Jones, E N Ligon N Loudermilk Y Lucas N McKoon N Millar N Tippins E Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 13, nays 35, and the Tate amendment 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 Beach Y Bethel E Burke Y Butler E Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate E Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 105, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th moved that HB 105 be immediately transmitted to the House. FRIDAY, FEBRUARY 22, 2013 799 On the motion, there was no objection, and HB 105 was immediately transmitted. SB 83. By Senators Gooch of the 51st, Hill of the 32nd, Carter of the 1st, Beach of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to the supervision and support of paupers, so as to provide for cremation as an alternative for deceased indigents; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Heath of the 31st offered the following amendment #1: Amend SB 83 by inserting "but shall not exceed the lesser of the actual costs of interment or cremation" after the word "county" on line 17. On the adoption of the amendment, there were no objections, and the Heath 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 Beach Y Bethel E Burke Y Butler E Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath E Henson Y Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone Y Tate E Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams 800 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 47, nays 0. SB 83, having received the requisite constitutional majority, was passed as amended. SB 100. By Senators Wilkinson of the 50th, Tippins of the 37th, Sims of the 12th and Miller of the 49th: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to reestablish the Career and Technical Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel E Burke Y Butler E Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper N Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate E 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 2. SB 100, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 22, 2013 801 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 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). The following bill was taken up to consider House action thereto: HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 105. The consent was granted, and the Senate insisted on its substitute to HB 105. 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 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General 802 JOURNAL OF THE SENATE Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). The Speaker has appointed on the part of the House, Representatives England of the 116th, O`Neal of the 146th, and Jones of the 47th. The following bill was taken up to consider House action thereto: HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). Senator Hill of the 4th asked unanimous consent that the Senate adhere to its substitute to HB 105 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, Chance of the 16th and Shafer of the 48th. The following Senators were excused for business outside the Senate Chamber: Albers of the 56th Murphy of the 27th The Calendar was resumed. SR 9. By Senator James of the 35th: A RESOLUTION urging the Department of Economic Development to promote and strengthen mutually beneficial ties with African nations; and for other purposes. The Senate Economic Development Committee offered the following substitute to SR 9: A RESOLUTION Urging the Department of Economic Development to promote and strengthen mutually beneficial ties with African nations; and for other purposes. WHEREAS, it is in the economic interest of this state to promote and strengthen mutually beneficial ties with nations of Africa. FRIDAY, FEBRUARY 22, 2013 803 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge the Department of Economic Development, to the extent authorized by law and subject to available funds, to: (1) Promote the State of Georgia and the Atlanta area as the gateway for business with Africa; (2) Work in collaboration with the Africa Heritage Foundation in order to successfully execute the underlying objectives endorsed by the Africa Heritage Foundation and the Africa Union Commission; (3) Promote, encourage, and facilitate the location of African consulates general in Georgia and the Atlanta area; (4) Develop a partnership with historically black colleges to promote and create international studies programs, study abroad programs, and student exchange programs; (5) Promote the port of Savannah as the main center for cargo shipment of goods between Africa and the United States; (6) Promote Hartsfield-Jackson International Airport as the main center for air passenger and cargo services between Africa and the United States; (7) Encourage the Africa Village that represents 55 nations of Africa to locate in Georgia; (8) Encourage the Africa Heritage Diaspora Radio and TV headquarters to locate in Georgia; (9) Encourage and support the establishment of the Africa Heritage Foundation Institute of Oceanography and Marine Research in collaboration with the Georgia Ports Authority and Savannah State University; (10) Encourage and support the establishment of the Africa Heritage Foundation's Institute of Ethics Leadership to provide human resources and related training in cooperation with the University System of Georgia for all of the 55 African nations; (11) Encourage and support the establishment of the Africa Heritage Foundation's headquarters, titled the 'Africa House,' in the vicinity of the Centennial Olympic Park to house diaspora tourism and cultural programs for all of the 55 African nations as well as to serve as the headquarters of the foundation's global operations and its USAFRICA CHAMBER OF COMMERCE; (12) Encourage and support the establishment of the Africa Heritage Foundation's headquarters for the purpose of making the city of Atlanta and the State of Georgia the international headquarters of the foundation chapters in all the 55 nations of Africa and the Diaspora, including Brazil, Australia, and the Caribbean as well as the proposed chapters of the Foundation in all the 50 states in the United States; (13) Encourage and support the establishment of the Africa Heritage Foundation Institute of African Nations Science and Technology to be located in the State of Georgia and work in collaboration and partnership with Georgia Institute of Technology; (14) Encourage and support the launching of a monthly 'Africa Open for Business' forum and related networking, job creation, and investment opportunities; (15) Establish or promote the establishment of an African world museum and center in the Atlanta area; 804 JOURNAL OF THE SENATE (16) Establish or promote the establishment of an African heritage world cultural and tourism festival to take place annually in Georgia to promote cultural diversity and tourism; (17) Establish or promote the establishment of one or more African heritage research institutes in Georgia; (18) Establish or promote the establishment of one or more African heritage foundations, chambers of commerce, economic conferences, and expositions in Georgia; (19) Establish or promote the establishment of one or more African food culture festivals in Georgia; (20) Generally promote economic development for Africa and the State of Georgia; (21) Promote the education and training of doctors and other health care professionals to provide modern health care and facilities in Africa and Georgia; and (22) Train and educate legislators about the policy making process in Africa and America. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of economic development. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: E Albers Balfour Y Beach Y Bethel E Burke Y Butler E Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Harbison Y Harper N Heath E Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James E Jeffares Jones, B Y Jones, E Y Miller Y Mullis E Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate E Thompson, C Y Thompson, S Y Tippins FRIDAY, FEBRUARY 22, 2013 805 Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar E Tolleson Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 41, nays 1. SR 9, having received the requisite constitutional majority, was adopted by substitute. Serving as the doctor of the day was Dr. D. Keith Cobb. The following communications were 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 February 22, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: Please remove my name as second signer on SB 190. Thank you for your service. Sincerely, /s/ Jack Hill 806 JOURNAL OF THE SENATE Senator Jeff Mullis District 53 453 State Capitol Atlanta, GA 30334 Committees: Rules Appropriations Economic Development Banking and Financial Institutions The State Senate Atlanta, Georgia 30334 February 22, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Secretary: I respectfully ask that my name be removed as a co-sponsor of Senate Bill 190. Thank you. With Sincere Regards, I am /s/ Jeff Mullis REPORT OF THE MINORITY February 22, 2013 IN THE MATTER OF SENATE BILLS 4, 5, 6, 8, 9 and 54 Pursuant to Section 2-1.6(a), this report sets forth the reasons for the dissent of the Minority to SB 4, 5, 6, 8, 9 and 54 Senator Buddy Carter (1st) has proposed the following legislation concerning elections. SB 4 Grants authority to the General Assembly to allow for, by local Act, nonpartisan elections of clerks of superior court. SB 5 Grants authority to the General Assembly to allow for, by local Act, nonpartisan elections of district attorneys. SB 6 Grants authority to the General Assembly to allow for, by local Act, nonpartisan elections to fill the office of Sheriff. FRIDAY, FEBRUARY 22, 2013 807 SB 8 Grants authority to the General Assembly to allow for, by local Act, nonpartisan elections to fill the offices of Tax Commissioner, Tax Receiver and Tax Collector. SB 9 Grants authority to the General Assembly to allow for, by local Act, nonpartisan elections of Solicitor General. SB 54 Grants authority to the General Assembly to allow for, by local Act, nonpartisan elections of Coroners. RATIONAL FOR AREAS OF DISSENT Suppression of Voter Turnout Nonpartisan elections lead to lower voter turnout by up to twenty percent. This is due to a number of factors. Many voters rely on party choice to evaluate a candidate's views. Without information as to a candidate's choice of party, many voters will not feel like they have enough information to make an educated choice in the election. Attachment to a political party also "motivates individuals to participate as a display of party support." (Schaffer, Streb, and Wright 2001). Reduced Voter Information The lack of party labels, which generally convey accurate policy information, raises the cost of information about candidates for voters. Decreased access to information would make nonpartisan elections more difficult especially for the poor and uneducated who often lack access to higher information costs. Favoritism of Wealthy Candidates Nonpartisan elections favor wealthy candidates because wealthy candidates are more likely to have access to non-party political resources, while lower and middle class candidates are more dependent on party resources (Hawley 1973). Reduced Campaign Transparency Nonpartisan elections do not reduce the influence of political parties; they merely conceal the involvement. Officially nonpartisan elections often become very partisan with partisan groups and political parties themselves actively involved in campaigns. However, a voter would be unaware of the candidate's affiliation unless he or she looked at the candidate's campaign disclosures. Incumbent Advantage Nonpartisan elections give an edge to incumbent candidates. Without party labels, the only easily accessible information available to voters is incumbency. 808 JOURNAL OF THE SENATE ACTION RECOMMENDED Any bill that would have a negative impact on a citizen's ability to exercise his/her right to vote should be rejected. As stated above, non-partisan elections have a negative impact on voter education and voter turnout. The General Assembly should therefore oppose SB 4,5,6,8, 9 and 54. RESPECTFULLY SUBMITTED, this 22st day February, 2013 /s/ Senator Hardie Davis (22) Senator Chance of the 16th moved that the Senate stand adjourned pursuant to HR 50 until 10:00 a.m. Monday, February 25, 2013; the motion prevailed, and at 11:45 a.m. the President announced the Senate adjourned. MONDAY, FEBRUARY 25, 2013 809 Senate Chamber, Atlanta, Georgia Monday, February 25, 2013 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 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 83. By Representatives Knight of the 130th, Clark of the 98th, Teasley of the 37th, Pezold of the 133rd and Braddock of the 19th: 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 mortgage brokers, so as to exempt licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 161. By Representatives Atwood of the 179th, Willard of the 51st, Fleming of the 121st, Hightower of the 68th, Pak of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to change provisions relating to the oath of bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. 810 JOURNAL OF THE SENATE HB 179. By Representatives Welch of the 110th, Stephens of the 164th, Rutledge of the 109th, Parrish of the 158th, Harden of the 148th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to change certain provisions relating to The Pharmacy Audit Bill of Rights; to repeal conflicting laws; and for other purposes. HB 274. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, Stephens of the 164th, Smith of the 134th 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 licenses, permits, and stamps for hunting, trapping, or fishing, so as to regulate the practice of falconry; to repeal conflicting laws; and for other purposes. HB 312. By Representatives Carson of the 46th, Golick of the 40th, Smith of the 134th, Brockway of the 102nd, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, so as to provide for comprehensive revision of the provisions regulating insurance holding company systems; 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 201. By Senator Gooch of the 51st: A BILL to be entitled an Act to provide a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, excluding certain retirement income, does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. MONDAY, FEBRUARY 25, 2013 811 SB 202. By Senators Unterman of the 45th, Mullis of the 53rd and Chance of the 16th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the bill of rights for residents of long-term care facilities; to provide for definitions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 203. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Loudermilk of the 14th, Hufstetler of the 52nd, Gooch of the 51st and others: A BILL to be entitled an Act to amend Code Section 20-2-141 of the Official Code of Georgia Annotated, relating to the review of competencies and core curriculum, so as to provide for the establishment of a Curriculum Content Standards Advisory Council to review and revise competencies and content standards; to provide for subcommittees; to provide for public hearings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SR 340. By Senators Unterman of the 45th, Hill of the 32nd, Burke of the 11th and Hufstetler of the 52nd: A RESOLUTION creating the Senate Study Committee on Independent Physician Practices in Georgia; and for other purposes. Referred to the Rules Committee. SR 342. By Senators James of the 35th, Seay of the 34th, Henson of the 41st, Butler of the 55th and Davenport of the 44th: A RESOLUTION recognizing and commending the Zero Waste Georgia Campaign and its efforts to create a safer, more sustainable environment; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 345. By Senators McKoon of the 29th, Unterman of the 45th, Shafer of the 48th, Gooch of the 51st and Dugan of the 30th: A RESOLUTION creating the Senate Select Alternative Funding for Medicaid and Other Health Care Federal Funding Committee; and for other purposes. Referred to the Rules Committee. 812 JOURNAL OF THE SENATE SR 348. By Senators Hill of the 32nd, Mullis of the 53rd, Golden of the 8th, Chance of the 16th and Albers of the 56th: A RESOLUTION creating the Georgia Program Integrity Joint Study Committee; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 83. By Representatives Knight of the 130th, Clark of the 98th, Teasley of the 37th, Pezold of the 133rd and Braddock of the 19th: 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 mortgage brokers, so as to exempt licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 161. By Representatives Atwood of the 179th, Willard of the 51st, Fleming of the 121st, Hightower of the 68th, Pak of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to change provisions relating to the oath of bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 179. By Representatives Welch of the 110th, Stephens of the 164th, Rutledge of the 109th, Parrish of the 158th, Harden of the 148th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to change certain provisions relating to The Pharmacy Audit Bill of Rights; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. MONDAY, FEBRUARY 25, 2013 813 HB 274. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, Stephens of the 164th, Smith of the 134th 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 licenses, permits, and stamps for hunting, trapping, or fishing, so as to regulate the practice of falconry; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 312. By Representatives Carson of the 46th, Golick of the 40th, Smith of the 134th, Brockway of the 102nd, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, so as to provide for comprehensive revision of the provisions regulating insurance holding company systems; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor 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 139 Do Pass by substitute Respectfully submitted, Senator Crosby of the 13th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 122 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Public Safety Committee from the General Calendar. Respectfully submitted, Senator Mullis of the 53rd District, Chairman 814 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 319 Do Pass SB 182 Do Pass HB 321 Do Pass SB 183 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman Mr. President: The Urban Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 92 Do Pass Respectfully submitted, Senator Ramsey, Sr. of the 43rd District, Chairman The following legislation was read the second time: HB 154 SR 245 SB 68 SB 99 SB 115 SB 140 SR 228 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 Unterman of the 45th 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 Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. MONDAY, FEBRUARY 25, 2013 815 The following communication was received by the Secretary: Senator Steve Henson District 41 121-B State Capitol Atlanta, GA 30334 Committees: Urban Affairs Administrative Affairs Government Oversight Health and Human Services Natural Resources and the Environment Reapportionment and Redistricting Regulated Industries and Utilities Rules DEMOCRATIC LEADER The State Senate Atlanta, Georgia 30334 February 25, 2013 Bob, Please excuse Senators Henson 41st, E. Jones 10th, Butler of 55th, Davenport 44th, and Carter 42nd, because of a meeting with the Governor at 10AM, February 25th. Thanks, /s/ Steve Henson The following Senators were excused for business outside the Senate Chamber: Harbison of the 15th Lucas of the 26th The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Carter, B Chance Cowsert Heath Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Murphy Orrock Ramsey Seay Shafer Sims Staton Stone 816 JOURNAL OF THE SENATE Crane Crosby Davis Dugan Fort Ginn Gooch Harper Jeffares Jones, B Ligon Loudermilk McKoon Miller Mullis Not answering were Senators: Butler (Excused) Golden (Excused) Jones, E. (Excused) Tate (Excused) Carter, J. (Excused) Harbison (Excused) Lucas (Excused) Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Davenport (Excused) Henson (Excused) Millar (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 Marti Keller of Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 341. By Senator Chance of the 16th: A RESOLUTION honoring the life and memory of Mr. Oliver Lee; and for other purposes. SR 343. By Senators Mullis of the 53rd, Gooch of the 51st, Miller of the 49th, Chance of the 16th, Jackson of the 24th and others: A RESOLUTION commending the Georgia Airports Association and its leadership; Robert Mohl, Hope Macaluso, Mario Evans, Colette Edmisten, Mike Mathews, and Blake Swafford, and recognizing February 21, 2013, as Legislative Fly-In at the capitol; and for other purposes. SR 344. By Senators Mullis of the 53rd, Shafer of the 48th, Chance of the 16th, Miller of the 49th, Ginn of the 47th and others: A RESOLUTION recognizing and commending Roberto Roy; and for other purposes. MONDAY, FEBRUARY 25, 2013 817 SR 346. By Senators Henson of the 41st, Fort of the 39th, James of the 35th, Seay of the 34th, Lucas of the 26th and others: A RESOLUTION recognizing and commending linemen from Georgia Power and the International Brotherhood of Electrical Workers Local 84, members of the Georgia AFL-CIO, for their diligence in responding to the needs of individuals in the aftermath of Hurricane Sandy; and for other purposes. SR 347. By Senators Mullis of the 53rd, Shafer of the 48th, Chance of the 16th, Henson of the 41st, Staton of the 18th and others: A RESOLUTION recognizing and commending Mr. John G. R. Bankhead, the GBI's Director of Public Affairs, based upon his contributions to the law enforcement profession in Georgia; and for other purposes. SR 349. By Senator Hill of the 32nd: A RESOLUTION commending Alex Wu, Walton High School's 2013 STAR Student; and for other purposes. SR 350. By Senator Hill of the 32nd: A RESOLUTION commending Catherine Niu, Walton High School's 2013 STAR Student; and for other purposes. SR 351. By Senator Hill of the 32nd: A RESOLUTION commending Lucy Zhang, Wheeler High School's 2013 STAR Student; and for other purposes. SR 352. By Senator Hill of the 32nd: A RESOLUTION commending Tiffany Nguyen, Sprayberry High School's 2013 STAR Student; and for other purposes. SR 353. By Senator Hill of the 32nd: A RESOLUTION commending Charly Jo Olson, Riverwood International School's 2013 STAR Student; and for other purposes. SR 354. By Senator Hill of the 32nd: A RESOLUTION commending Wendi Bao, Pope High School's 2013 STAR Student; and for other purposes. 818 JOURNAL OF THE SENATE SR 355. By Senator Hill of the 32nd: A RESOLUTION commending Krystal Lo, Pope High School's 2013 STAR Student; and for other purposes. SR 356. By Senator Hill of the 32nd: A RESOLUTION commending Emily Kelly, North Springs High School's 2013 STAR Student; and for other purposes. SR 357. By Senator Hill of the 32nd: A RESOLUTION commending Brian Cohn, Lassiter High School's 2013 STAR Student; and for other purposes. SR 358. By Senator Hill of the 32nd: A RESOLUTION commending Michael Tarbell, Kell High School's 2013 STAR Student; and for other purposes. SR 359. By Senator Hill of the 32nd: A RESOLUTION commending Cullen Mowery, Harrison High School's 2013 STAR Student; and for other purposes. Senator Davis of the 22nd commended the contributions of members of the clergy in Georgia and recognizing Monday, February 25, 2013, as the 12th annual Clergy Day at the capitol, commended by SR 327, adopted previously. Bishop Richard Peoples addressed the Senate briefly. Senator Sims of the 12th recognized Mrs. Johnnie M. Hammond. Mrs. Johnnie M. Hammond addressed the Senate briefly. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday February 25, 2013 Twenty-third Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 182 SB 183 HB 319 HB 321 MONDAY, FEBRUARY 25, 2013 819 Lucas of the 26th HANCOCK COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Lucas of the 26th HANCOCK COUNTY A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, 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 repeal conflicting laws; and for other purposes. James of the 35th CITY OF FAIRBURN "REDEVELOPMENT POWERS LAW" A BILL to be entitled an Act to authorize the City of Fairburn to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. James of the 35th CITY OF FAIRBURN A BILL to be entitled an Act to amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to remove the millage caps on ad valorem taxation of real and personal property; to repeal conflicting laws; and for other purposes. 820 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 Beach Y Bethel Y Burke E Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Davenport Y Davis Y Dugan Y Fort Y Ginn E Golden Y Gooch E Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone E Tate 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 44, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Donzella James Education and Youth District 35 Special Judiciary 304-B Coverdell Legislative Office Building State Institutions and Property Atlanta, GA 30334 State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 February 25, 2013 MONDAY, FEBRUARY 25, 2013 821 Bob Ewing Secretary of the Senate 353 CAP Atlanta, GA 30334 Dear Mr. Ewing, This letter is to inform you that I missed the vote on several bills. I was called out of the Senate to handle a constituent matter and did not make it back in time to vote. I would like to vote yes for SB 182, SB 183, HB 319, and HB 321. Thank you for your consideration to this matter. Sincerely, /s/ Donzella James Senator, District 35 Senator Stone of the 23rd moved to engross SB 72, 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 Balfour Y Beach Y Bethel Y Burke E Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Davenport N Davis Y Dugan N Fort E Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Jones, B E Jones, E Y Ligon Y Loudermilk Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer Sims Y Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman 822 JOURNAL OF THE SENATE Y Ginn E Golden Y Gooch E Lucas Y McKoon E Millar Y Wilkinson Y Williams On the motion, the yeas were 36, nays 7; the motion prevailed, and SB 72 was engrossed. Senator Loudermilk of the 14th was excused for business outside the Senate Chamber. HB 57 SB 61 SB 70 SB 72 SB 82 SB 120 SB 125 SENATE RULES CALENDAR MONDAY, FEBRUARY 25, 2013 TWENTY-THIRD LEGISLATIVE DAY Controlled substances; definition of Schedule I; expand (H&HS-1st) Ramsey-72nd "Georgia Self-service Storage Facility Act of 2013" change the due date for monthly rental payments (Substitute)(RI&U-23rd) Transportation, Dept. of; change type of projects eligible for design-build contracts and procurement process (Substitute)(TRANS-51st) Taxation; rate of interest to paid for refunds and on past due taxes; provisions (FIN-23rd) Education; change designations from North Georgia College to the University of North Georgia (Substitute)(H ED-51st) Probate Courts; provide for prosecuting attorneys in counties where there is not state court (Substitute)(JUDYNC-13th) Liability of Owners/Occupier of Land; codify the duty of a possessor of land to a trespasser against harm (Substitute)(JUDY-23rd) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 57. By Representatives Ramsey of the 72nd, Golick of the 40th, Cooke of the 18th, Hightower of the 68th, Gravley of the 67th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as MONDAY, FEBRUARY 25, 2013 823 to expand the definition of Schedule I controlled substances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Burke E Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Davenport Y Davis Y Dugan Y Fort Y Ginn E Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B E Jones, E Y Ligon E Loudermilk E Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone 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 43, nays 0. HB 57, having received the requisite constitutional majority, was passed. SB 61. By Senator Stone of the 23rd: 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 change the 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 824 JOURNAL OF THE SENATE 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 exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 61: 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 change the 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 publication of notice of public sale of property; to provide for limitations on an owner's liability; to provide for towing of motor vehicles, trailers, and watercraft; to exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, is revised as follows: "ARTICLE 5 10-4-210. This article shall be known and may be cited as the 'Georgia Self-service Storage Facility Act of 2013.' 10-4-211. For purposes of this article, the term: (1) 'E-mail' means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks. (1)(2) 'Last known address' means that the street address, post office box address, or e-mail address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or e-mail. (2)(3) 'Occupant' means a person, his or her sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. MONDAY, FEBRUARY 25, 2013 825 (3)(4) 'Owner' means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement. (4)(5) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, and household items and furnishings. (5)(6) 'Rental agreement' means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility. (6)(7) 'Self-service storage facility' means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A selfservice storage facility is not a warehouse within the meaning of Article 1 of this chapter, known as the 'Georgia State Warehouse Act,' and the provisions of law relative to bonded public warehousemen shall not apply to the owner of a self-service storage facility. A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities. (8) 'Verified mail' means the method of mailing that is offered by the United States Postal Service or statutory overnight delivery that provides evidence of mailing. 10-4-212. The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article. The lien provided for in this Code section is superior to any other lien or security interest except those which are perfected and recorded prior to the date of the rental agreement in Georgia in the name of the occupant, either in the county of the occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law and except any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the personal property is brought to the self-service storage facility. 10-4-213. Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. The owner Owner shall obtain from the occupant a written rental agreement which includes the following language: This agreement, made and entered into this ______ day of ______________, ____, by and between ____________, hereinafter called Owner, and _______________, hereinafter called Occupant, whose last known address is _________________. For 826 JOURNAL OF THE SENATE the consideration hereinafter stated, the Owner agrees to let the Occupant use and occupy a space in the self-service storage facility, known as ____________________, situated in the City of __________, County of ________, State of Georgia, and more particularly described as follows: Building #______, Space #_____, Size ________. Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of _______, beginning on the ______ day of ______________, ____, and continuing month to month until terminated. 'Space,' as used in this agreement, will be that part of the self-service storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and improvements thereon, the monthly sum of $________. Monthly installments are payable in advance on or before the first of each month, in the amount of $________, and a like amount for each month thereafter, until the termination of this agreement. If any monthly installment is not paid by the tenth seventh calendar day of the month due, or if any check given in payment is dishonored by the financial institution on which it is drawn, Occupant shall be deemed to be in default. Occupant further agrees to pay the sum of one month's fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broomswept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund. The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The Occupant agrees that the property will not be used for any unlawful purposes and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and to keep the space in good condition during the term of this agreement. OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN ADDITION, UPON OCCUPANT'S DEFAULT, OWNER MAY WITHOUT NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH SEVENTH CALENDAR DAY OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN MONDAY, FEBRUARY 25, 2013 827 PAYMENT IS DISHONORED BY THE FINANCIAL INSTITUTION ON WHICH IT IS DRAWN, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. For purposes of Owner's lien: 'personal property' means movable property, not affixed to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, household items, and furnishings; 'last known address' means that the street address or post office box address provided by the occupant Occupant in the latest rental agreement or the address provided by the occupant Occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or email. The Owner's lien is superior to any other lien or security interest, except those which are evidenced by a certificate of title or perfected and recorded prior to the date of this rental agreement in Georgia, in the name of the Occupant, either in the county of the Occupant's 'last known address' or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom the Owner has knowledge through the Occupant's disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in his Occupant's space(s) is free and clear of all liens and secured interests except for ____________. The Owner's lien attaches as of the date the personal property is brought to the self-service storage facility. Except as otherwise specifically provided in this rental agreement, the exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in the Occupant. The Owner does not become a bailee of the Occupant's personal property by the enforcement of the Owner's lien. If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure: The Occupant shall be notified in writing by delivery in person or by certified mail or statutory overnight delivery to the last known address of Occupant of Owner's intent to enforce Owner's lien by written notice delivered in person, by verified mail, or by e-mail. The Owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. A Such notice given pursuant to this rental agreement shall be presumed delivered as of the date indicated on the proof of delivery or, if there is no proof of delivery, on the fourteenth day after sending as shown by sent when it is deposited with the United States Postal Service or the statutory overnight delivery service properly addressed with postage or delivery fees prepaid or sent by e-mail. If Owner sends notice of a pending sale of property to Occupant's last known e-mail address and does not receive a nonautomated response or a receipt of delivery to the e-mail address, Owner shall send notice of the sale to Occupant by verified mail to Occupant's last known postal address before proceeding with the sale. Owner's notice to Occupant shall include an itemized statement of the Owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to 828 JOURNAL OF THE SENATE the lien. The description shall be reasonably adequate to permit the person(s) notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owner's notice shall notify Occupant of denial of access to the personal property and provide the name, street address, e-mail address, and telephone number of the Owner or its designated agent, whom the Occupant may contact to respond to this notice. Owner's notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located the legal organ for the county where the self-service storage facility is located. The sale shall be deemed commercially reasonable if at least three (3) independent bidders attend the sale at the time and place advertised. 'Independent bidder' means a bidder who is not related to and who has no controlling interest in, or common pecuniary interest with, Owner or any other bidder. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located. Regardless of whether a sale involves the property of more than one Occupant, a single advertisement may be used to advertise the disposal of property at the sale. A public sale includes offering the property on a publicly accessible website that regularly conducts online auctions of personal property. Such sale shall be considered incidental to the selfstorage business and no license shall be required. If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property. MONDAY, FEBRUARY 25, 2013 829 A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his or her lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the 'Disposition of Unclaimed Property Act.' In no event shall the Owner's liability exceed the proceeds of the sale. If the rental agreement contains a limit on the value of property stored in Occupant's storage space, the limit shall be deemed to be the maximum value of the property stored in that space. If the property upon which the lien is claimed is a motor vehicle, trailer, or watercraft and rent and other charges related to the property remain unpaid or unsatisfied for 60 days following the maturity of the obligation to pay rent, Owner may have the property towed in lieu of foreclosing on the lien. If a motor vehicle, trailer, or watercraft is towed as authorized in this section, Owner shall not be liable for the motor vehicle, trailer, or watercraft or any damages to the motor vehicle, trailer, or watercraft once the tower takes possession of the property. 10-4-214. Nothing in this article shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this article shall be in addition to all other rights allowed by law to a creditor against his or her debtor. 10-4-215. All rental agreements entered into before July 1, 1982 2013, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state." 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. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. 830 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn E Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon E Loudermilk E Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 47, nays 3. Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone E Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams SB 61, having received the requisite constitutional majority, was passed by substitute. SB 70. By Senators Gooch of the 51st, Hill of the 32nd, Beach of the 21st, Mullis of the 53rd, Chance of the 16th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract generally, so as to change the type of projects eligible for design-build contracts and the procurement process for such contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Transportation Committee offered the following substitute to SB 70: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract generally, so as to MONDAY, FEBRUARY 25, 2013 831 change the type of projects eligible for design-build contracts and the procurement process for such contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract generally, is amended by revising Code Section 32-2-81, relating to the procedures for awarding design-build contracts by the Department of Transportation, as follows: "32-2-81. (a) As used in this Code section, the term 'design-build procedure' means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, systems, and other items specified in the contract. (b) The department may use the design-build procedure for buildings, bridges and approaches, rail corridors, technology deployments, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained. (c) When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, utility relocation services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section 32-2-61. However, construction activities may shall not begin on any portion of such projects until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed. (d) The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to: (1) Prequalification requirements; (2) Public advertisement procedures; (3) Scope of service requirements; (4) Letters of interest Request for qualification requirements; (5)(4) Request for proposals requirements. Requests for proposal shall include the applicable percentage to be applied to each evaluation criterion and the relative weight to be assigned to each; (6)(5) Criteria for evaluating technical information and project costs; (7)(6) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components 832 JOURNAL OF THE SENATE for any two-step procurement process: (A) A statement of qualifications from which the department will determine a list of qualified firms for the project, provided that, if the department determines it is in the state's best interest, it may omit this requirement and move directly to a one-step procurement process through the issuance of a request for proposal from which the department may select the lowest qualified bidder; and (B) From the list of qualified firms as provided in subparagraph (A) of this paragraph, a technical proposal and a price proposal from each firm from which the department shall select the lowest qualified bidder; provided, however, that a or, in the event the department uses the best value procurement process, the request for proposal shall specify the requirements necessary for the selection of the best value proposer which shall include, at a minimum, a weighted cost component and a technical component. A proposal will shall only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract in order to induce one proposer to bid against an offer of another proposer. The department may provide for a stipulated fee to be awarded to the short list of qualified proposers who provide a responsive, successful proposal. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with the contract awarded for the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers; (8)(7) Identification of those projects that the department believes are candidates for design-build contracting, with the understanding that in general this type of contract should have minimal right of way or utility issues which are unresolved; provided, however, the failure of the department to identify such projects does not prevent the department from using design-build contracting in extraordinary circumstances including emergency work, unscheduled projects, or where loss of funding might occur; and (9)(8) Criteria for resolution of contract issues. The department may adopt a method for resolving issues and disputes through negotiations at the project level by the program manager up to and including a dispute review board procedure with final review by the commissioner or his or her designee. Regardless of the status or disposition of the issue or dispute, the design-builder and the department shall continue to perform their contractual responsibilities. The department shall have the authority to suspend or provide for the suspension of Section 108 of the department's standard specifications pending final resolution of such contract issues and disputes. This paragraph does shall not prevent an aggrieved party from seeking judicial review. (e) The department must receive at least three letters of interest in order to proceed MONDAY, FEBRUARY 25, 2013 833 with a request for proposals. The department shall request proposals from no fewer than three of the design-build firms submitting letters of interest. If a design-build firm withdraws from consideration after the department requests proposals, the department may continue if at least two proposals are received. (f) In contracting for design-build projects, the department shall be limited to contracting for no more than 50 percent of the total amount of construction projects awarded in the previous fiscal year. (g)(f) Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairmen chairpersons of the House and Senate Transportation Committees a summary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low bid proposal. This report shall be made available for public information." 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon E Loudermilk Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman 834 JOURNAL OF THE SENATE Y Ginn E Golden Y Gooch E Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 51, nays 0. Y Wilkinson Y Williams SB 70, having received the requisite constitutional majority, was passed by substitute. SB 72. By Senators Stone of the 23rd, Ligon, Jr. of the 3rd, Miller of the 49th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative provisions, so as to change certain provisions regarding the rate of interest to be paid for refunds and on past due taxes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn E Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 52, nays 0. SB 72, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 25, 2013 835 SB 82. By Senators Gooch of the 51st, Miller of the 49th, Murphy of the 27th, Cowsert of the 46th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to change designations from North Georgia College to the University of North Georgia; to designate the University of North Georgia as the senior military college of Georgia; to repeal conflicting laws; and for other purposes. The Senate Higher Education Committee offered the following substitute to SB 82: A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to change designations from North Georgia College to the University of North Georgia; to designate the University of North Georgia as the senior military college of Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, is amended by revising Subpart 5A, relating to the University of North Georgia military scholarships, as follows: "Subpart 5A 20-3-420. (a) The General Assembly finds that the University of North Georgia College, a unit of the University System of Georgia, is widely recognized as one of the most outstanding senior military colleges in the United States and that its outstanding status as a senior military college has been formally recognized by the board of regents and by the Department of the Army of the United States. The purpose of this subpart is to recognize this status of the University of North Georgia College and to enable Georgia's most gifted young people who are interested in pursuing a military career to attend the this state's premier senior military college under a full scholarship. (b) The General Assembly officially designates the University of North Georgia as the premier senior military college of Georgia. 20-3-421. (a) In order for a student to qualify as a nominee for and to be a recipient of a scholarship under this subpart, the student shall meet the following standards and requirements: 836 JOURNAL OF THE SENATE (1) The student shall be a resident of Georgia; (2) The student shall have demonstrated academic excellence at the high school level; (3) The student must shall meet mental and physical health standards required for commission in the Army National Guard; and (4) The student shall qualify for regular admission to the University of North Georgia College. (b) If selected as a recipient of a scholarship under this subpart, a student, in order to maintain eligibility for the scholarship, shall: (1) Maintain standards of academic excellence and standards of conduct as established by the University of North Georgia College; (2) Maintain minimum full-time enrollment of at least 12 hours each quarter; (3) Participate in military and Reserve Officers' Training Corps programs at the University of North Georgia College; (4) Maintain membership in good standing in the Army National Guard; (5) Demonstrate the qualities required of a commissioned officer in the United States armed forces; and (6) Upon graduation from the University of North Georgia College, accept a commission as a second lieutenant and agree to serve not less than four years in the Georgia Army National Guard; however, terms of the scholarship may be met by acceptance of a commission and active duty service for not less than four years in the United States Army or a combination of service in the active army and the Georgia Army National Guard for not less than four years upon certification by the adjutant general that no need exists in the Georgia Army National Guard at the time of the commencement of the period of active service. (c) No recipient of a scholarship under this subpart shall be eligible to receive financial aid assistance under any other student financial aid program authorized by the laws of this state. 20-3-422. The authority shall establish and promulgate, consistent with this subpart, criteria for the eligibility and award of such scholarships. The authority shall, on or before February 1 of each year, select and nominate six persons from each congressional district in Georgia from a list of persons recommended to the authority by members of the General Assembly. From the persons so nominated, three persons from each congressional district shall be selected as scholarship recipients as provided in Code Section 20-3-423. 20-3-423. (a) For the purpose of considering nominations submitted under Code Section 20-3422, there is created a selection committee, the membership of which shall be as follows: (1) The chief executive officer of the University of North Georgia College or his or her designated representative, who shall serve as chairperson of the selection committee; MONDAY, FEBRUARY 25, 2013 837 (2) The professor of military science at the University of North Georgia College or his or her designated representative; (3) The director of admissions of the University of North Georgia College; (4) A civilian faculty member of the University of North Georgia College designated by the chief executive officer of the college university; (5) A commissioned officer of the Army National Guard designated by the adjutant general; (6) The chairperson of the House Committee on Higher Education Committee or his or her designee from that committee; (7) The chairperson of the Senate Higher Education Committee or his or her designee from that committee; and (8) The executive director of the Georgia Student Finance Authority or his or her designated representative. (b) It shall be the duty of the selection committee to select, from the six nominees from each congressional district submitted to the committee pursuant to Code Section 20-3422, three persons from each congressional district to receive a scholarship under this subpart. In the event a congressional district does not have three qualified candidates, the committee may select a candidate or candidates at large from alternate nominees among the original candidates without regard to the congressional district of residence. Upon selecting the recipients of scholarships, the committee shall: (1) Notify each recipient of the scholarship; (2) Notify each member of the legislative delegation from each congressional district of the names of the recipients of the scholarships from that congressional district; and (3) Notify the authority of the names and addresses of the recipients of the scholarships. (c) The selection committee shall have the following additional duties: (1) To publish in print or electronically and maintain standards of academic excellence and conduct necessary for continued eligibility for a scholarship under this subpart; and (2) To monitor the performance of the recipients of scholarships under this subpart in accordance with the standards promulgated under paragraph (1) of this subsection. 20-3-424. Scholarship awards made under this subpart shall cover all costs for room, board, matriculation, fees, uniform deposits, and an allowance for books and supplies. Scholarship assistance may be provided to a recipient under this article for a maximum period of 12 eight academic quarters semesters. 20-3-425. (a) If the recipient of a scholarship under this subpart fails to honor his or her obligation to serve in the Army National Guard or the United States Army as provided in paragraph (6) of subsection (b) of Code Section 20-3-421, such recipient shall, at the option of the recipient, either: 838 JOURNAL OF THE SENATE (1) Serve not less than four years as an enlisted member of the Army National Guard or United States Army; or (2) Pay to the authority an amount equal to the amount of scholarship assistance received by the recipient under this subpart, plus interest, such amount to be paid, in accordance with regulations of the authority, within five years after the recipient graduates from or terminates his or her enrollment in the University of North Georgia College. (b) Subsection (a) of this Code section shall not apply to any person who, for bona fide reasons of health as jointly verified by the authority and the selection committee, is unable to honor the obligation provided for in paragraph (6) of subsection (b) of Code Section 20-3-421. 20-3-426. (a) If at any time a recipient of a scholarship fails to meet the standards and requirements for continued eligibility as provided by the selection committee pursuant to subsection (c) of Code Section 20-3-423, such recipient shall thereby lose eligibility for the scholarship and shall be obligated to repay the same as provided in Code Section 20-3-425. The selection committee shall promptly notify the authority when a recipient loses eligibility. (b) In the event a scholarship recipient fails to meet the standards for retention or otherwise surrenders the scholarship, the committee may select a candidate to fill the vacancy for the remaining period of the scholarship. The nominees shall be required to meet all criteria established for the four-year scholarship. Such recipients of scholarships shall incur the same obligations as a four-year scholarship recipient; provided, however, that such recipients of scholarships of less than four years shall only be required to serve the number of years in the Georgia Army National Guard or number of years of active duty service in the United States Army or number of years in a combination of service in the active army and the Georgia Army National Guard which corresponds to the period or number of years of such scholarship. 20-3-427. The authority shall, consistent with this subpart, promulgate such rules and regulations as may be necessary to administer the scholarship program provided for in this subpart. The funds necessary to carry out this subpart shall be paid from funds appropriated to the authority for the purposes of this subpart." SECTION 2. Said part is further amended by revising Subpart 6, relating to the North Georgia College Reserve Officers' Training Corps grant program, as follows: "Subpart 6 20-3-430. The General Assembly finds that it is essential for the national defense that persons be encouraged to consider military leadership positions as an honorable and rewarding MONDAY, FEBRUARY 25, 2013 839 profession and that the University of North Georgia College, Georgia's only state supported military college, plays a significant role in preparing and training students for professional life in the military as a profession. It is the purpose of the General Assembly, as provided for in this subpart, to encourage students to enroll in the University of North Georgia College and its military training program by providing for tuition grant assistance to such students. 20-3-431. For purposes of this subpart, the term 'eligible student' shall mean means a person who: (1) Is enrolled in or accepted for enrollment in the University of North Georgia College for a minimum of 12 academic hours; (2) Is or will be a citizen of this state for a period of at least 12 months immediately prior to the date of registration therein; and (3) Is enrolled in or plans to enroll in the Army Reserve Officers' Training Corps program at the University of North Georgia College. 20-3-432. There is granted to each eligible student attending the University of North Georgia College the sum of $500.00 $750.00 per academic quarter semester. 20-3-433. Each eligible student wishing to receive the grant provided for in this subpart shall submit to the University of North Georgia College an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. The authority shall not approve payment of any grant until it has received from an appropriate officer of the University of North Georgia College a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to the University of North Georgia College on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall does not enroll as a full-time student for the school term for which the grant is paid, the University of North Georgia College shall make a refund to the authority in accordance with regulations of the authority. 20-3-434. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms shall be reduced by the authority on a pro rata basis. 20-3-435. The University of North Georgia College shall be subject to examination by the state auditor for the sole purpose of determining whether the school has properly certified 840 JOURNAL OF THE SENATE eligibility and enrollment of students and credited grants paid on behalf of such students. However, nothing in this subpart shall be construed to interfere with the authority of the school to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that the school knowingly or through error certified an ineligible student to be eligible for a grant under this subpart, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority. 20-3-436. Any person who knowingly makes or furnishes any false statement or misrepresentation or who accepts such statement or misrepresentation knowing it to be false for the purpose of enabling an ineligible student to obtain wrongfully a grant under this subpart shall be guilty of a misdemeanor." SECTION 3. Said part is further amended by revising Subpart 6A, relating to tuition grant assistance for North Georgia College and State University, as follows: "Subpart 6A 20-3-440. The General Assembly finds that it is essential for the national defense that persons be encouraged to consider military leadership positions as an honorable and rewarding profession and that the University of North Georgia College and State University, Georgia's only state supported military college, plays a significant role in preparing and training students for professional life in the military as a profession. It is the purpose of the General Assembly, as provided for in this subpart, to encourage students to enroll in the University of North Georgia College and State University and its military training program and to encourage such students to accept military commissions by providing for tuition grant assistance to such students. 20-3-441. For purposes of this subpart, the term 'eligible student' shall mean means a person who: (1) Is enrolled in or accepted for enrollment in the University of North Georgia College and State University for a minimum of 12 academic hours; (2) Is or will be a citizen of this state for a period of at least 12 months immediately prior to the date of registration therein; (3) Is enrolled in or plans to enroll in the Army Reserve Officers' Training Corps program at the University of North Georgia College and State University; and (4) Has signed a contract to accept a commission, to be effective upon graduation, no later than the end of the student's junior year as an officer in any branch of the armed services of the United States or the Army National Guard. MONDAY, FEBRUARY 25, 2013 841 20-3-442. There is granted to each eligible student attending the University of North Georgia College and State University the sum of $1,500.00 per academic semester. 20-3-443. Each eligible student wishing to receive the grant provided for in this subpart shall submit to the University of North Georgia College and State University an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. The authority shall not approve payment of any grant until it has received from an appropriate officer of the University of North Georgia College and State University a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to the University of North Georgia College and State University on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall does not enroll as a full-time student for the school term for which the grant is paid, the University of North Georgia College and State University shall make a refund to the authority in accordance with regulations of the authority. 20-3-444. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms shall be reduced by the authority on a pro rata basis. 20-3-445. The University of North Georgia College and State University shall be subject to examination by the state auditor for the sole purpose of determining whether the school has properly certified eligibility and enrollment of students and credited grants paid on behalf of such students. However, nothing in this subpart shall be construed to interfere with the authority of the school to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that the school knowingly or through error certified an ineligible student to be eligible for a grant under this subpart, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority. 20-3-446. Any person who knowingly makes or furnishes any false statement or misrepresentation or who accepts such statement or misrepresentation knowing it to be false for the purpose of enabling an ineligible student to obtain wrongfully a grant under this subpart shall be guilty of a misdemeanor." 842 JOURNAL OF THE SENATE SECTION 4. Said part is further amended by revising Code Section 20-3-491, relating to applications for scholarship grants and administration of program, as follows: "20-3-491. (a) Subject to appropriations by the General Assembly, the authority shall establish a program of two-year scholarship grants for eligible students attending the University of North Georgia College and participating in a Reserve Officers' Training Corps program while so enrolled. Any person meeting the conditions of this subpart may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the authority for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipient's application therefor and upon a finding that the recipient has successfully completed the work of the preceding school period and presents evidence that he or she is a student in good standing, that he or she remains a citizen of this state, and that he or she remains otherwise qualified to receive such grant under this subpart. (b) The authority is authorized to prescribe such rules and regulations as may be necessary or convenient for administration of this program and to establish procedures for determination of eligibility of applicants." 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone E Tate Y Thompson, C MONDAY, FEBRUARY 25, 2013 843 Y Davenport Y Davis Y Dugan Y Fort Y Ginn E Golden Y Gooch Y Jones, B Y Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar 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 82, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th recognized and commended the Emanuel County Institute High School football team on their 2012 GHSA Class A State Championship, commended by SR 212, adopted previously. Head Coach Chris Kearson addressed the Senate briefly. The Calendar was resumed. SB 120. By Senators Crosby of the 13th, Stone of the 23rd, Jackson of the 24th, Cowsert of the 46th and Bethel of the 54th: A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Judiciary Non-Civil Committee offered the following substitute to SB 120: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to provide for related matters; to provide for construction with other laws; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 844 JOURNAL OF THE SENATE SECTION 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding a new article to read as follows: "ARTICLE 8 15-9-150. (a) In any county in which there is no state court, the judge of the probate court may request the district attorney of the circuit in which the court is located to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. The district attorney may designate one or more members of his or her staff to handle such cases in the probate court. The district attorney and any members of his or her staff who prosecute criminal cases in the probate court shall be compensated in an amount to be fixed by the governing authority of the county. (b) If for any reason the district attorney is unable to assist the probate court, the governing authority of a county shall be authorized to create the office of prosecuting attorney of the probate court, and the governing authority shall have the authority to hire the prosecuting attorney. A copy of the resolution or ordinance creating the office of prosecuting attorney of the probate court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia. (c) It shall be the duty of the probate court clerk to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a probate court within 30 days of such appointment. (d) Unless otherwise provided by local law, the prosecuting attorney of the probate court shall serve a term of office to be determined by the governing authority of such county. 15-9-151. (a) Any person appointed as the prosecuting attorney of a probate 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, an assistant district attorney may be appointed as the prosecuting attorney of a probate court with the prior written consent of the district attorney who employs such assistant district attorney. Such consent may be withdrawn at any time by the employing district attorney. Notice that consent for such appointment is being withdrawn shall be done in writing to the governing authority of such county not less than 30 days prior to the day that such assistant district attorney shall cease to serve as the prosecuting attorney of a probate court. 15-9-152. (a) In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a probate court shall take and subscribe to the MONDAY, FEBRUARY 25, 2013 845 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 for the Probate Court of (here state the county) County.' (b) The oath shall be administered and attested by the judge of the probate court of such county as provided in Code Section 45-3-3 and filed as provided in Code Section 45-3-5. 15-9-153. (a) Unless otherwise provided by local law, the governing authority of the county shall determine whether the prosecuting attorney of a probate court shall be a full-time or part-time prosecuting attorney. (b) Any full-time prosecuting attorney of a probate court and any full-time employees of the prosecuting attorney of a probate court shall not engage in the private practice of law. (c) Any part-time prosecuting attorney of a probate court and any part-time assistant prosecuting attorney of a probate court may engage in the private practice of law, but shall not practice in the probate court or appear in any matter in which that prosecuting attorney has exercised jurisdiction. 15-9-154. If the prosecuting attorney of a probate court is disqualified by interest or relationship 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 district attorney of such judicial circuit may prosecute such case. If the district attorney is to prosecute such case, the provisions of Code Section 15-18-5 shall apply. 15-9-155. (a) The prosecuting attorney of a probate court shall have the duty and authority to represent the state: (1) In the probate court: (A) In the prosecution of any violation of the laws or ordinances of such county which is within the jurisdiction of such probate court and punishable by confinement or a fine or both or by a civil penalty authorized by Code Section 40-6163; (B) In the prosecution of any violation of state laws which by general law probate courts have been granted jurisdiction to try and dispose of such offenses, specifically including those offenses described in Article 2 of this chapter and Code Section 40-13-21; and (C) In the prosecution of any weapons carry license revocation or denial pursuant to Code Section 16-11-129; (2) In the appeal of any case prosecuted in the probate court to the superior court or the appellate courts of this state; (3) In any case in which the defendant was convicted in the probate court and is 846 JOURNAL OF THE SENATE 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 probate 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 probate court; (2) Dismiss, amend, or enter a nolle prosequi on any accusation, citation, or summons filed in the probate court as provided by law, except that the prosecuting attorney of a probate 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 probate 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 the district attorney for the judicial circuit; (3) Reduce to judgment any fine, forfeiture, or restitution imposed by the probate 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 probate 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 prosecuting 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 probate 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 probate court has, by law, jurisdiction to try and dispose of. 15-9-156. The prosecuting attorney of a probate court shall be compensated by the county as provided by local law or, in the absence of such local law, as provided by the governing authority of such county. The prosecuting attorney of a probate 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 county employees. 15-9-157. The prosecuting attorney of a probate court may employ such additional assistant prosecuting attorneys and other employees or independent contractors as may be MONDAY, FEBRUARY 25, 2013 847 provided for by local law or as may be authorized by the governing authority of the county. The prosecuting attorney of a probate 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 county. 15-9-158. (a) Any assistant prosecuting attorney or other attorney at law employed by the county for the purposes of prosecuting in the probate court shall be a member in good standing of the State Bar of Georgia. (b) A qualified law student or law school graduate who is allowed to practice pursuant to Code Section 15-18-22 or the Supreme Court of Georgia's rules governing such practice may assist in the prosecution of cases in the probate court." SECTION 2. The provisions of this Act shall not be construed as altering any agreement in existence on the effective date of this Act between a county governing authority or a probate court of a county with the district attorney for the judicial circuit in which such probate court for the district attorney to prosecute case in the probate court of such county nor shall this Act apply in any county in which the General Assembly has by local act provided for a prosecutor in the probate court. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B E Harbison Y Harper Y Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer 848 JOURNAL OF THE SENATE Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn E Golden Y Gooch Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 51, nays 0. Y Sims Y Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 120, having received the requisite constitutional majority, was passed by substitute. SB 125. By Senators Stone of the 23rd and Gooch of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, so as to codify the duty of a possessor of land to a trespasser against harm; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 125: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, so as to codify the duty of a lawful possessor of land to a trespasser against harm; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding the liability of owners and occupiers of land, is amended by adding a new Code section to read as follows: "51-3-3. (a) As used in this Code section, the term 'possessor of land' means the land owner, occupant of the land, or lessee of the land. MONDAY, FEBRUARY 25, 2013 849 (b) A lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury. (c) Notwithstanding subsection (b) of this Code section, a lawful possessor of land may be subject to liability for death or serious bodily harm to a child trespasser caused by an artificial condition upon such land if: (1) The place where the artificial condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass; (2) The artificial condition is one of which the possessor knows or has reason to know and which such possessor realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children; (3) The children because of their youth do not discover the artificial condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it; (4) The utility to the possessor of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the children involved; and (5) The possessor failed to exercise reasonable care to eliminate the danger or otherwise protect such children. (d) This Code section shall not affect any immunities from or defenses to civil liability to which a lawful possessor of land may be entitled." 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 Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone E Tate 850 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn E Golden Y Gooch Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar 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 125, having received the requisite constitutional majority, was passed by substitute. Serving as the doctor of the day was Dr. Stephen M. McCollam. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 26, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:50 a.m. TUESDAY, FEBRUARY 26, 2013 851 Senate Chamber, Atlanta, Georgia Tuesday, February 26, 2013 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 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 communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 February 25, 2013 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Jack Murphy and Senator Butch Miller to serve as Ex-Officio for the Senate Public Safety sub-committee meeting on February 25, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate The following message was received from the House through Mr. Rivers, the Clerk thereof: 852 JOURNAL OF THE SENATE Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 70. By Representatives Golick of the 40th, Coleman of the 97th, Setzler of the 35th, Lindsey of the 54th, Dudgeon of the 25th 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 deadlines for scholarship payments to parents; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 175. By Representatives Hightower of the 68th, Powell of the 32nd and Fleming of the 121st: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and TUESDAY, FEBRUARY 26, 2013 853 HB 177. HB 364. HB 376. HB 383. HB 410. warranties, so as to provide that certain covenants run with the land as a matter of public policy of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Wilkinson of the 52nd, Epps of the 144th, Kidd of the 145th, Harbin of the 122nd, Peake of the 141st and others: A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the creation and operation of the Oconee River Greenway Authority, so as to change the membership of the authority; to repeal conflicting laws; and for other purposes. By Representatives Strickland of the 111th, Rutledge of the 109th, Welch of the 110th, Knight of the 130th and Yates of the 73rd: A BILL to be entitled an Act to authorize the governing authority of the City of McDonough to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Harden of the 148th: A BILL to be entitled an Act to authorize the governing authority of the City of Hawkinsville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives O`Neal of the 146th, Epps of the 144th, Dickey of the 140th, Talton of the 147th and Harden of the 148th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to revise the qualifications for candidates for mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Beverly of the 143rd, Randall of the 142nd, Epps of the 144th and Dickey of the 140th: A BILL to be entitled an Act to amend an Act entitled "An Act to create the Macon-Bibb County Community Enhancement Authority," approved April 854 JOURNAL OF THE SENATE HB 414. 11, 2012 (Ga. L. 2012, p. 5270), so as to define certain terms; to repeal conflicting laws; and for other purposes. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 415. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: 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 make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes. HB 416. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: 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 change certain provisions relating to the personnel review board; to repeal conflicting laws; and for other purposes. HB 417. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: 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 make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: TUESDAY, FEBRUARY 26, 2013 855 SB 204. By Senators Cowsert of the 46th and McKoon of the 29th: A BILL to be entitled an Act to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, so as to limit the scope of judgments or orders in child custody cases which are subject to direct appeal; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 205. By Senators Crane of the 28th, Gooch of the 51st, Hill of the 32nd, Albers of the 56th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to change the expiration and renewal dates for certain licenses and certificates issued by certain professional licensing boards; to prohibit professional licensing boards from requiring continuing education and training once a license has been issued except in the event disciplinary action has been taken against the licensee; to provide for exceptions and for applicability; to provide for the division director of the Secretary of State to adopt rules and regulations to effectuate such provisions; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 206. By Senators Cowsert of the 46th, Shafer of the 48th, Chance of the 16th, Hill of the 32nd, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to provide for delegations from the State of Georgia to certain conventions called by the Congress of the United States for proposing amendments to the Constitution of the United States pursuant to Article V of said constitution; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. 856 JOURNAL OF THE SENATE SB 207. By Senators Albers of the 56th, Stone of the 23rd, McKoon of the 29th, Shafer of the 48th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to add private home care providers to the list of persons who may be disqualified from employment when discharged as a felony offender under a first offender plea; 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 208. By Senators Hill of the 32nd and Loudermilk of the 14th: 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 209. By Senators Wilkinson of the 50th, Harper of the 7th, Murphy of the 27th, Davis of the 22nd, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic transactions, so as to provide that no individual, company, or other entity shall be prohibited from making available, designing, creating, publishing, assembling, completing, distributing, displaying, or selling self-help documents, information, and automated forms in hard copy, electronically, or online, whether made available with or without a fee, provided that the storefront, website, or other medium from which the items are provided states that the items are not the substitute for the advice of a professional in the relevant industry; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 210. By Senators Tolleson of the 20th, Jeffares of the 17th, Miller of the 49th, Crosby of the 13th, Harper of the 7th and others: 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 repeal TUESDAY, FEBRUARY 26, 2013 857 Chapter 6A, relating to land conservation; to create the Georgia Legacy Program; to provide for legislative intent; to create conservation funding mechanisms and provide for their operation; to establish procedural requirements; 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 211. By Senators Hufstetler of the 52nd, Ginn of the 47th, Ligon, Jr. of the 3rd and Orrock of the 36th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide a definition for the term "psychological testing"; to clarify that persons licensed as professional counselors, social workers, and marriage and family therapists are not authorized to conduct psychological testing as defined; to clarify that psychological testing is part of the practice of psychology; to amend Code Section 37-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to the general provisions governing and regulating mental health, so as to conform a cross-reference; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 212. By Senators Mullis of the 53rd, Tippins of the 37th, Miller of the 49th, Butler of the 55th, Millar of the 40th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require schools to provide training in cardiopulmonary resuscitation and the use of an automated external defibrillator for students in grades seven through 12; to provide for a definition; to provide for requirements; to provide for monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 213. By Senators Tolleson of the 20th, Sims of the 12th, Burke of the 11th, Hill of the 4th, Chance of the 16th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Flint River Drought Protection Act," so as to clarify legislative intent; to revise definitions; to expand programs and 858 JOURNAL OF THE SENATE provide for completion of new studies; to provide for additional powers of the director; to provide for new irrigation efficiency requirements; to provide for participation in augmented flow programs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 371. By Senators Cowsert of the 46th, Shafer of the 48th, Chance of the 16th, Hill of the 32nd, Loudermilk of the 14th 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 Rules Committee. The following House legislation was read the first time and referred to committee: HB 70. By Representatives Golick of the 40th, Coleman of the 97th, Setzler of the 35th, Lindsey of the 54th, Dudgeon of the 25th 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 deadlines for scholarship payments to parents; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. TUESDAY, FEBRUARY 26, 2013 859 HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. HB 175. By Representatives Hightower of the 68th, Powell of the 32nd and Fleming of the 121st: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties, so as to provide that certain covenants run with the land as a matter of public policy of this state; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 177. By Representatives Wilkinson of the 52nd, Epps of the 144th, Kidd of the 145th, Harbin of the 122nd, Peake of the 141st and others: A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the creation and operation of the Oconee River Greenway Authority, so as to change the membership of the authority; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 364. By Representatives Strickland of the 111th, Rutledge of the 109th, Welch of the 110th, Knight of the 130th and Yates of the 73rd: A BILL to be entitled an Act to authorize the governing authority of the City of McDonough to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 860 JOURNAL OF THE SENATE HB 376. By Representative Harden of the 148th: A BILL to be entitled an Act to authorize the governing authority of the City of Hawkinsville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 383. By Representatives O`Neal of the 146th, Epps of the 144th, Dickey of the 140th, Talton of the 147th and Harden of the 148th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to revise the qualifications for candidates for mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 410. By Representatives Beverly of the 143rd, Randall of the 142nd, Epps of the 144th and Dickey of the 140th: A BILL to be entitled an Act to amend an Act entitled "An Act to create the Macon-Bibb County Community Enhancement Authority," approved April 11, 2012 (Ga. L. 2012, p. 5270), so as to define certain terms; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 414. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, FEBRUARY 26, 2013 861 HB 415. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: 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 make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 416. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: 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 change certain provisions relating to the personnel review board; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 417. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: 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 make certain stylistic changes to said charter; 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 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 85 SB 158 SB 163 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman 862 JOURNAL OF THE SENATE Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 185 SB 187 SB 193 Do Pass Do Pass Do Pass Respectfully submitted, Senator McKoon of the 29th 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 247 Do Pass HB 334 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following legislation was read the second time: SB 92 SB 139 Senator Seay of the 34th asked unanimous consent that Senator Davis of the 22nd be excused. The consent was granted, and Senator Davis was excused. Senator Ligon, Jr. of the 3rd asked unanimous consent that Senator Loudermilk of the 14th be excused. The consent was granted, and Senator Loudermilk was excused. Senator Tate of the 38th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. Senator Unterman of the 45th asked unanimous consent that Senator Ginn of the 47th be excused. The consent was granted, and Senator Ginn was excused. The following Senators were excused for business outside the Senate Chamber: Crosby of the 13th Hill of the 6th Sims of the 12th TUESDAY, FEBRUARY 26, 2013 863 The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Carter, B Carter, J Chance Cowsert Crane Davenport Dugan Fort Golden Gooch Harper Heath Henson Hill, Jack Hill, Judson Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Lucas McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Staton Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Butler (Excused) Ginn (Excused) Hufstetler Crosby (Excused) Harbison (Excused) Loudermilk (Excused) Davis (Excused) Hill, H. Sims (Excused) Senator Hill of the 6th 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 Lucas of the 26th introduced the chaplain of the day, Pastor Walter Glover of Macon, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 360. By Senators Hill of the 4th and Tolleson of the 20th: A RESOLUTION congratulating Bulloch Fertilizer Company on 50 years of successful business; and for other purposes. 864 JOURNAL OF THE SENATE SR 361. By Senator Tolleson of the 20th: A RESOLUTION recognizing March 7, 2013, as Conditioned Air Association of Georgia Day at the state capitol; and for other purposes. SR 362. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION recognizing and commending Glennville Volunteer Fire Department Fire Chief Bobby Brannen on the occasion of his retirement; and for other purposes. SR 363. By Senators Davenport of the 44th and Seay of the 34th: A RESOLUTION commending Clayton County Chamber of Commerce and recognizing February 26, 2013, as Clayton County Chamber of Commerce Day at the state capitol; and for other purposes. SR 364. By Senator Mullis of the 53rd: A RESOLUTION congratulating the Gordon Lee Memorial High School Lady Trojan softball team on their exceptional season; and for other purposes. SR 365. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Blake Parden; and for other purposes. SR 366. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Ana Paula Garcia; and for other purposes. SR 367. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Mikayla Carrington; and for other purposes. SR 368. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Hunter Chadwick; and for other purposes. TUESDAY, FEBRUARY 26, 2013 865 SR 369. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Zoe Pace; and for other purposes. SR 370. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Anna Valle; and for other purposes. SR 372. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION congratulating Dr. Cheryl Davenport Dozier on being named as permanent president of Savannah State University by the University System of Georgia Board of Regents; and for other purposes. SR 373. By Senator Jones of the 25th: A RESOLUTION recognizing and commending the State YMCA of Georgia's Center for Civic Engagement; and for other purposes. Senator Miller of the 49th recognized and commended the Parachute Packers Club of Flowery Branch High School, commended by SR 176, adopted previously. Senator Davenport of the 44th recognized Tuesday, February 26, 2013, as Clayton County Day at the capitol, commended by SR 255, adopted previously. Senator Davenport of the 44th commended Clayton County Chamber of Commerce and recognized February 26, 2013, as Clayton County Chamber of Commerce Day at the state capitol, commended by SR 363, adopted today. Yulonda Beauford, Jeff Turner, and Tim Hynes addressed the Senate briefly. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday February 26, 2013 Twenty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 866 JOURNAL OF THE SENATE HB 247 Hufstetler of the 52nd CITY OF EMERSON A BILL to be entitled an Act to provide a new charter for the City of Emerson; 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 repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 334 Hufstetler of the 52nd CITY OF EUHARLEE A BILL to be entitled an Act to provide a new charter for the City of Euharlee; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane E Crosby Davenport E Davis Y Dugan Y Fort E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon E Loudermilk Y Miller Mullis Y Murphy Y Orrock E Ramsey Seay Shafer Y Sims Y Staton Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman TUESDAY, FEBRUARY 26, 2013 867 Y Ginn Y Golden Gooch Y Lucas Y McKoon Y Millar Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 44, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator David Shafer District 48 321 State Capitol Atlanta, GA 30334 Committees: Insurance and Labor Appropriations Finance Health and Human Services Reapportionment and Redistricting Banking and Financial Institutions Regulated Industries and Utilities Rules COMMITTEE ON ADMINISTRATIVE AFFAIRS COMMITTEE ON ASSIGNMENTS The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE February 26, 2013 Please let the record show that I voted YEA on the Local Consent Calendar on February 26, 2013. Very truly yours, /s/ David J. Shafer President Pro Tempore Senator Harper of the 7th introduced the doctor of the day, Dr. James W. Barber. Senator Millar of the 40th recognized February 26, 2013, as Children's Day at the capitol, commended by SR 335, adopted previously. Pat Willis, Executive Director of Voices for Georgia's Children, addressed the Senate briefly. 868 JOURNAL OF THE SENATE Senator Wilkinson of the 50th congratulated the Jefferson High School Dragons on their Class AA Football State Championship win, commended by SR 241, adopted previously. Head Coach T. McFerrin addressed the Senate briefly. Senator Albers of the 56th was excused for business outside the Senate Chamber. SB 68 SB 103 SB 105 SB 135 SENATE RULES CALENDAR TUESDAY, FEBRUARY 26, 2013 TWENTY-FOURTH LEGISLATIVE DAY Celebrate Freedom Week; establish; posting of historical documents (Substitute) (ED&Y-3rd) State Board of the Technical College System of Georgia; provide for the designation of community colleges (H ED-8th) "Uniform Fraudulent Transfers Act"; provide for a definition (Substitute) (JUDY-22nd) DNA Sampling, Collection, and Analysis; persons arrested for felony offenses (JUDYNC-29th) SB 143 Retirement System; board of trustees of public retirement systems; provide duties (RET-40th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 68. By Senators Ligon, Jr. of the 3rd, Shafer of the 48th, Albers of the 56th, Loudermilk of the 14th, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish Celebrate Freedom Week; to provide for the posting of historical documents; to require the Department of Education to develop online resources and instructional support; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 26, 2013 869 The Senate Education and Youth Committee offered the following substitute to SB 68: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish Celebrate Freedom Week; to provide for the posting of historical documents; to require the Department of Education to develop online resources and instructional support; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new article to read as follows: "ARTICLE 19A 20-2-1020. (a) To educate students about the sacrifices made for freedom in the founding of this country and the values, principles, and philosophies on which this country was founded, the full week in September which includes Constitution Day, September 17, shall be recognized in public elementary, middle, and high schools in this state as Celebrate Freedom Week. Celebrate Freedom Week shall include approximately three hours of appropriate instruction, as determined by each local school system, in each social studies class. The instruction shall include an age-appropriate study of the intent, meaning, and importance of the Declaration of Independence and the United States Constitution, including the Bill of Rights, in their historical context including the background of the colonial era along with instruction about the Founding Fathers, such as the signers of the Declaration of Independence and the United States Constitution, the first six Presidents, and particularly George Washington. The religious references in the writings of the Founding Fathers shall not be censored. During Celebrate Freedom Week, a local school system shall suggest that students in grades three through 12 read at least one book during the school year that focuses on the Founding Era, either the times and events or the people who made significant contributions to independence or toward establishing the new federal or state governments. In addition, a local school system shall require students in grades three through 12 to recite at least one of the following three excerpts at least once during the week, and local school systems are encouraged to require daily recitations from one or all of these excerpts at the beginning of each school day: (1) From the Declaration of Independence: We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, 870 JOURNAL OF THE SENATE Liberty, and the Pursuit of Happiness That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed ....; (2) From the Preamble of the U.S. Constitution: We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.; or (3) From the First Amendment of the Bill of Rights: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (b) Upon written request from a student's parent or guardian, a local school system shall excuse the student from the recitation required by this Code section. This Code section shall not apply to a student who: (1) Has a conscientious objection to the recitation; or (2) Is the child of a representative of a foreign government to whom the United States government extends diplomatic immunity. (c) This Code section shall apply beginning with the 2014-2015 school year. 20-2-1021. (a) To increase student understanding of, and familiarity with, American historical documents, public schools may display historically important excerpts from, or copies of, those documents in school classrooms and common areas as appropriate. Local boards of education and charter schools shall allow and may encourage any public school teacher or administrator to read or post in a public school building, classroom, or event excerpts or portions of writings, documents, records, or images that reflect the history of the United States, including, but not limited to: (1) The Preamble to the Georgia Constitution; (2) The Declaration of Independence; (3) The United States Constitution; (4) The Bill of Rights; (5) The Mayflower Compact; (6) The national motto; (7) The Pledge of Allegiance; (8) The National Anthem; (9) The writings, speeches, documents, and proclamations of the Founding Fathers and Presidents of the United States; (10) Decisions of the United States Supreme Court; and (11) Acts of the Congress of the United States, including the published text of the Congressional Record. (b) As historical documents, there shall be no content based censorship of American TUESDAY, FEBRUARY 26, 2013 871 history and heritage documents referred to in this Code section due to their religious or cultural nature. 20-2-1022. To increase student understanding of, and familiarity with, American historical documents and to provide curriculum support to classroom teachers of United States history, American government and civics, economics, and social studies, the Department of Education shall create an online instructional resource page or pages for teachers, which may include, but is not limited to, links to websites, foundational documents, and lesson plan ideas. At a minimum, such resource page or pages shall include the items in paragraphs (1) through (11) of subsection (a) of Code Section 20-21021 and shall focus on the foundational principles of limited constitutional government, federalism, religious liberty, freedom of speech, the right to private property, free enterprise, and the rule of law. There shall be no content based censorship of American history, writings of the Founding Fathers, or heritage documents referred to in this Code section due to their religious or cultural nature. The online teacher resource page shall be completed and made easily available to teachers no later than July 31, 2013. The online teacher resource page shall support the requirements specified in Code Section 20-2-1020." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Seay 34th, James of the 35th, Tate of the 38th and Davenport of the 44th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to SB 68 (LC 33 5096S) by striking "or" at the end of line 41 and by striking the period at the end of line 46 and inserting in its place "; or". By inserting between lines 46 and 47 the following: (4) Excerpts from the Fourteenth Amendment and the Nineteenth Amendment to the United States Constitution. Senators Heath of the 31st, Crane of the 28th and Hill of the 6th offered the following amendment #1a: Amend amendment #1 (AM 33 1296) to SB 68 by striking line 5 Senator Heath of the 31st asked unanimous consent that his amendment #1a be withdrawn. The consent was granted, and the Heath, et al. amendment #1a to the Seay, et al. amendment #1 to the committee substitute was withdrawn. 872 JOURNAL OF THE SENATE Senators Heath of the 31st, Crane of the 28th and Hill of the 6th offered the following amendment #1b: Amend amendment #1 (AM 33 1296) to SB 68 by striking lines 5 and 6 and replacing with (4) Excerpts from the United States Constitution. On the adoption of the amendment, the yeas were 5, nays 32, and the Heath, et al. amendment #1b to the Seay, et al. amendment #1 was lost. On the adoption of the amendment, there were no objections, and the Seay, et al. amendment #1 to the committee substitute was adopted. Senator Jones of the 10th offered the following amendment #2: Amend the committee substitute (LC 33 5096S) to SB 68 by Line 15 Delete, "middle, and high school" On the adoption of the amendment, the yeas were 9, nays 35, and the Jones of the 10th amendment #2 to the committee substitute was lost. Senator Jackson of the 2nd offered the following amendment #3: Amend the committee substitute (LC 33 5096S) to SB 68 by adding the words "and private" on line 15 after the word public On the adoption of the amendment, the yeas were 9, nays 38, and the Jackson of the 2nd amendment #3 to the committee substitute was lost. Senator Henson of the 41st offered the following amendment #4: Amend the committee substitute (LC 33 5096S) to SB 68 by inserting after line 93 "No funds in excess of $25,000 shall be spent to implement this legislation. Section 3" On the adoption of the amendment, the yeas were 13, nays 36, and the Henson amendment #4 to the committee substitute was lost. TUESDAY, FEBRUARY 26, 2013 873 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport E Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones, B N Jones, E Y Ligon E Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock E Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone 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 8. SB 68, having received the requisite constitutional majority, was passed by substitute. SB 103. By Senators Golden of the 8th, Shafer of the 48th, Chance of the 16th and Henson of the 41st: A BILL to be entitled an Act to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of the Technical College System of Georgia, so as to provide for the designation of community colleges; 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. 874 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Hufstetler Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon E Loudermilk Y Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 50, nays 0. Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 103, having received the requisite constitutional majority, was passed. Senator Murphy of the 27th was excused for business outside the Senate Chamber. SB 105. By Senators Davis of the 22nd and Bethel of the 54th: 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 provide for a definition; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer when the charitable organization receives such contribution in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 105: 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 provide for a definition; to clarify that a TUESDAY, FEBRUARY 26, 2013 875 charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer when the charitable organization receives such contribution in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," is amended by adding a new Code section to read as follows: "18-2-81. (a) As used in this Code section, the term 'charitable organization' means a religious, benevolent, philanthropic, patriotic, or eleemosynary organization qualified as taxexempt under Section 501(c)(3) of the federal Internal Revenue Code of 1986. (b) A transfer made to a charitable organization shall not be considered fraudulent within the meaning of this article and shall not be subject to avoidance, attachment, recapture, or other relief when a charitable organization has received such transfer without any knowledge that the transfer was made fraudulently within the meaning of this article." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson N Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Miller Y Mullis E Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C 876 JOURNAL OF THE SENATE Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jones, B Y Jones, E Y Ligon E Loudermilk Y Lucas Y McKoon Y Millar 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. SB 105, having received the requisite constitutional majority, was passed by substitute. SB 135. By Senators McKoon of the 29th, Miller of the 49th, Gooch of the 51st, Shafer of the 48th, Albers of the 56th and others: 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 amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, and schedule of bails, so as to provide a cross reference for purposes of DNA collections as a condition of bail; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour N Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Chance N Cowsert N Crane Y Crosby E Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Miller Y Mullis N Murphy N Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone N Tate Y Thompson, C TUESDAY, FEBRUARY 26, 2013 877 N Davenport Y Davis N Dugan N Fort Y Ginn Y Golden Gooch N Jones, B N Jones, E N Ligon E Loudermilk N Lucas Y McKoon Y Millar Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 32, nays 16. SB 135, having received the requisite constitutional majority, was passed. SB 143. By Senator Millar of the 40th: 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. 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 GREG S. GRIFFIN State Auditor (404) 656-2174 February 1, 2013 The Honorable Fran Millar State Senator Coverdell Legislative Office Building, Room 319-B Atlanta, Georgia 30334 Dear Senator Millar: SUBJECT: State Auditor's Certification Senate Bill 143 (LC 21 1999) This bill would amend general provisions relative to the "Public Retirement Systems Standards Law." Specifically, this bill would clarify that the duties of the boards of 878 JOURNAL OF THE SENATE trustees of public retirement systems, as outlined in Title 47 of the Official Code of Georgia Annotated, are in addition to the common law duties of the trustee as described in Title 53 of the Official Code of Georgia Annotated. This would not apply in the event the duties are inconsistent. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon E Loudermilk Y Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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. SB 143, having received the requisite constitutional majority, was passed. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 27, 2013. The motion prevailed, and the President announced the Senate adjourned at 1:11 p.m. WEDNESDAY, FEBRUARY 27, 2013 879 Senate Chamber, Atlanta, Georgia Wednesday, February 27, 2013 Twenty-fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 266. By Representative Peake of the 141st: 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 320. By Representatives Harden of the 148th, Smith of the 70th, Tankersley of the 160th, Riley of the 50th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to categorically exempt currently existing and compliant inert waste landfill operations from regulatory permitting; to provide for additional permitting exemptions; to delete a cross-reference; to revise civil penalty provisions; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions 880 JOURNAL OF THE SENATE HB 338. HB 431. HB 440. HB 450. regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Wilkinson of the 52nd, Stephens of the 164th, Abrams of the 89th, Parrish of the 158th, Carter of the 175th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to clarify the role of arts in economic development and other vital functions to the state; to provide for membership changes; to provide for meetings; to provide for responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Dickey of the 140th: A BILL to be entitled an Act to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), and an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), so as to provide for elections and terms of members of the city council; to change the election of councilmembers from district to at-large; 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 Representatives Watson of the 172nd and Houston of the 170th: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Ellenton, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3073), so as to change certain provisions relating to the election and powers of city councilmembers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Ballinger of the 23rd, Hill of the 22nd, Caldwell of the 20th and Turner of the 21st: A BILL to be entitled an Act to amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), 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 WEDNESDAY, FEBRUARY 27, 2013 881 said technology fees may be put; to provide for automatic repeal; 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 214. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Lottery, so as to allow a winner of a lottery prize to remain anonymous if he or she donates 25 percent of the prize to the Lottery for Education Account; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 215. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 20-2-316 of the Official Code of Georgia Annotated, relating to definition of an athletic association and involvement of association in high school athletics, so as to provide that no high school which receives state funding shall participate in an athletic association unless the athletic association in classifying schools for the purposes of athletic competition based upon school student population adjusts the student population of private schools by multiplying the student population of such private schools by 1.5; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 216. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant 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. 882 JOURNAL OF THE SENATE SB 217. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to provide for respiratory syncytial virus prophylaxis injections to infants; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 218. By Senators Gooch of the 51st, Miller of the 49th, Jackson of the 24th, Mullis of the 53rd, Beach of the 21st 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 219. By Senator James of the 35th: A BILL to be entitled an Act to amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady law regulations, so as to prohibit the purchase or sale of hand guns and long guns on state property; to provide for exceptions including persons participating in a government sponsored firearm buy back program; 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 Non-Civil Committee. SB 220. By Senator Hill of the 32nd: 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 provide for a pilot program for the use of smart cards for Medicaid program recipients; to provide for the provisions of such program; to provide for measures to determine success of program; to provide for reports; to provide for implementation and coordination with other laws and other agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. WEDNESDAY, FEBRUARY 27, 2013 883 SB 221. By Senators Gooch of the 51st, Miller of the 49th, Jackson of the 24th, Carter of the 42nd and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to tribes, bands, groups, and communities recognized by this state as legitimate American Indian Tribes, so as to officially recognize the Yonah Band of Cherokees as an American Indian tribe of Georgia; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 222. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended specifically by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), so as to repeal certain provisions relating to the election and terms of office of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 223. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), 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. SB 224. By Senators Golden of the 8th, Shafer of the 48th and Chance of the 16th: A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to 884 JOURNAL OF THE SENATE provide for conditions, 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 Insurance and Labor Committee. SR 378. By Senators Mullis of the 53rd, Staton of the 18th, Miller of the 49th, Albers of the 56th, Wilkinson of the 50th 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 the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Insurance and Labor Committee. SR 379. By Senators Gooch of the 51st, Miller of the 49th, Crosby of the 13th, Jackson of the 24th and Mullis of the 53rd: A RESOLUTION honoring the life of Judge William Jeffrey Lowe and dedicating an intersection in his memory; and for other purposes. Referred to the Transportation Committee. SR 383. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of Sergeant John A. Franklin and dedicating an intersection in his memory; and for other purposes Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 266. By Representative Peake of the 141st: 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 WEDNESDAY, FEBRUARY 27, 2013 885 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 320. By Representatives Harden of the 148th, Smith of the 70th, Tankersley of the 160th, Riley of the 50th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to categorically exempt currently existing and compliant inert waste landfill operations from regulatory permitting; to provide for additional permitting exemptions; to delete a cross-reference; to revise civil penalty provisions; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 338. By Representatives Wilkinson of the 52nd, Stephens of the 164th, Abrams of the 89th, Parrish of the 158th, Carter of the 175th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to clarify the role of arts in economic development and other vital functions to the state; to provide for membership changes; to provide for meetings; to provide for responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. HB 431. By Representative Dickey of the 140th: A BILL to be entitled an Act to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 188687, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), and an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), so as to provide for elections and terms of members of the city 886 JOURNAL OF THE SENATE council; to change the election of councilmembers from district to at-large; 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 440. By Representatives Watson of the 172nd and Houston of the 170th: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Ellenton, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3073), so as to change certain provisions relating to the election and powers of city councilmembers; 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 450. By Representatives Ballinger of the 23rd, Hill of the 22nd, Caldwell of the 20th and Turner of the 21st: A BILL to be entitled an Act to amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), 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 said technology fees may be put; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. At 10:26 a.m. the President announced that the Senate would stand at ease. Senator Mullis of the 53rd recognized his daughter Emily and her 8th grade class from Gordon Lee Middle School in Chickmauga, Georgia. Senator James of the 35th recognized and commended the Fulton County Marshal's Department on the one hundredth anniversary of its establishment, commended by SR 279, adopted previously. Marshal Antonio Johnson addressed the Senate briefly. Senator Davenport of the 44th recognized the Georgia Council of Deliberation and congratulated the council on the occasion of its 60th anniversary, commended by SR 381, adopted today. Primis T. James addressed the Senate briefly. Senator Jeffares of the 17th recognized the Henry County Youth Leadership. WEDNESDAY, FEBRUARY 27, 2013 887 Senator Mullis of the 53rd congratulated the Dade County High School Lady Wolverines softball team on their 2012 AA State Softball Championship, commended by SR 249, adopted previously. Senator Jones of the 10th introduced three generations of the Thompson clan; Dorothy Thompson who has served as a Senate Doorkeeper for the last ten years, Jessie Thompson, her son, who is the Print Shop Manager for the Secretary of the Senate's office and his lovely wife Pam, and Jocelyn Thompson, their daughter, who serves as the Administrative Assistant to Senators Jones of the 10th and Thompson of the 33rd. The Senate congratulated the Thompson's on their years of service and wished Jocelyn the best on this February 27th, her birthday. Ms. Jocelyn Thompson addressed the Senate briefly. At 11:54 a.m. the President 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 189 Do Pass Respectfully submitted, Senator Tippins of the 37th 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 95 Do Pass as amended Respectfully submitted, Senator Jeffares of the 17th 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: 888 JOURNAL OF THE SENATE HB 266 Do Pass by substitute * Senators Heath of the 31st and Thompson of the 33rd served notice of a minority report on HB 266 Respectfully submitted, Senator Hill of the 32nd 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 136 SB 156 SB 194 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 119 SB 122 Do Pass by substitute Do Pass by substitute SB 121 Do Pass SB 138 Do Pass by substitute Respectfully submitted, Senator Carter of the 1st District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 348 Do Pass SR 73 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Transportation Committee from the General Calendar. WEDNESDAY, FEBRUARY 27, 2013 889 SR 96 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Transportation Committee from the General Calendar. Respectfully submitted, Senator Mullis of the 53rd 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 206 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd 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 76 Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman The following legislation was read the second time: SB 85 SB 158 SB 163 SB 185 SB 187 SB 193 The roll was called and the following Senators answered to their names: Albers Balfour Bethel Burke Butler Carter, B Carter, J Chance Crane Harbison Harper Heath Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L Miller Mullis Orrock Ramsey Seay Shafer Sims Staton Tate 890 JOURNAL OF THE SENATE Crosby Davenport Davis Dugan Fort Ginn Golden Gooch James Jeffares Jones, B Jones, E Ligon Loudermilk McKoon Millar Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Beach Lucas Cowsert Murphy Henson Stone The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Beach Cowsert Stone The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Hill of the 6th introduced the chaplain of the day, Dr. Victor Pentz of Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 374. By Senator Wilkinson of the 50th: A RESOLUTION commending Mrs. Carolyn Frady, Stephens County High School's 2013 STAR Teacher; and for other purposes. SR 375. By Senator Wilkinson of the 50th: A RESOLUTION commending Annabelle Elizabeth Zhuno, Stephens County High School's STAR Student; and for other purposes. SR 376. By Senator Ginn of the 47th: A RESOLUTION commending Dallas Cowne, Madison County High School's 2013 STAR Teacher; and for other purposes. WEDNESDAY, FEBRUARY 27, 2013 891 SR 377. By Senator Ginn of the 47th: A RESOLUTION commending Caitlin Felt, Madison County High School's 2013 STAR Student; and for other purposes. SR 380. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION recognizing and honoring the members of the St. Patrick's Day Parade Committee, Chairman Brendan T. Sheehan and the Grand Marshal of the 2013 St. Patrick's Day Parade, James A. Ray on the upcoming occasion of the 2013 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes. SR 381. By Senators Davenport of the 44th, Sims of the 12th, Fort of the 39th, Lucas of the 26th, Jackson of the 2nd and others: A RESOLUTION recognizing the Georgia Council of Deliberation and congratulating the council on the occasion of its 60th anniversary; and for other purposes. SR 382. By Senator Bethel of the 54th: A RESOLUTION congratulating the Dalton High School boys swimming and diving team on their 2013 Class AAAAA State Championship win; and for other purposes. SR 384. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending the Gordon Lee High School wrestling team on their outstanding 2012 season; and for other purposes. SR 385. By Senators Murphy of the 27th and Gooch of the 51st: A RESOLUTION recognizing and commending J. Ethan Underwood on the occasion of his retirement as chairman of the Forsyth County Republican Party; and for other purposes. SR 386. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Treniece McJunkins, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. 892 JOURNAL OF THE SENATE SR 387. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Brittany Heimlich, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 388. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Tracy Barnes, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 389. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Tamika Freeman, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 390. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Wendye Melzar, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 391. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Robert Ogburn, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 392. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Stephanie Marley, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 393. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Carol Wink, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. WEDNESDAY, FEBRUARY 27, 2013 893 SR 394. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Marilyn Wilson, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 395. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Donna Vaughan, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 396. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Candice Watson, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 397. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Doran Yvette Sall, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 398. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Candace Turner, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 399. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Sironda Peters, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 400. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Amanda Patel, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. 894 JOURNAL OF THE SENATE SR 401. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Ellen Lane, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 402. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Susan Elder, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 403. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION congratulating Bethlehem Lutheran Church on the occasion of its 50th anniversary; and for other purposes. SR 404. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Willie Mae Wade, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 405. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Mary Jones, nominee for 2013 Muscogee County School District Teacher of the Year; 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 27, 2013 Twenty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 206 Ginn of the 47th CITY OF HOSCHTON A BILL to be entitled an Act to provide for a new charter for the City of Hoschton, Georgia; to provide for corporate boundaries and powers; to provide for a governmental structure; to provide for WEDNESDAY, FEBRUARY 27, 2013 895 handling administrative affairs; to provide for a judicial branch; to provide for election and removal of officials; to provide for addressing the financial affairs of the city; 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 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 Beach Y Bethel Y Burke Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Seay Y Shafer Y Sims Y Staton Y Stone Y Tate 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. Senator Golden of the 8th congratulated the Valdosta State University Blazers, 2012 NCAA Division II Football National Champions, commended by SR 103, adopted previously. Senator Golden of the 8th recognized and commended the Blazers, Valdosta State University's outstanding softball team and 2012 National Champions, commended by SR 105, adopted previously. VSU President William J. McKinney addressed the Senate briefly. 896 JOURNAL OF THE SENATE SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 27, 2013 TWENTY-FIFTH LEGISLATIVE DAY SB 115 SB 134 SB 137 SB 139 Education; performance data of students in certain placements included in resident school system data (Substitute)(ED&Y-37th) Controlled Substances; revise the definition of "prescriber" (JUDYNC-1st) Income Tax; authorize the commissioner of economic development to designate areas as opportunity zones (Substitute)(ECD-17th) Contracts; collection of closing fees; advance of money/extension of credit (Substitute)(B&FI-49th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 115. By Senators Tippins of the 37th, Wilkinson of the 50th, Jeffares of the 17th, Williams of the 19th, Harper of the 7th and others: A BILL to be entitled an Act to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, so as to provide that performance data of students in certain placements are included in the resident school system data; 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 115: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, so as to provide that performance data of students in certain placements are treated as a single local education agency; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 27, 2013 897 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, is amended by revising subsection (b) as follows: "(b)(1) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services,; or in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities,; or in a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as so long as the child is physically present in the school district. A child will be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child will be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held. (2) Except as otherwise provided in this Code section, placement in a facility by a parent or by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child. (3) For any child described in paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another. 898 JOURNAL OF THE SENATE (4) When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the educational records and Individualized Education Programs (IEP's) and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than ten days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) of this subsection, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to paragraph (1) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed. (6) Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education. (7) For purposes of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title, all facilities serving children described in paragraph (1) of this subsection shall be, consistent with department rules and regulations, treated as a single local education agency; provided, however, that this paragraph shall not be construed to alleviate any responsibilities of the local unit of administration of the school district in which any such children are physically present for the provision of education for any such children. (7)(8) The Department of Education, the Department of Human Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the local units of administration where Department of WEDNESDAY, FEBRUARY 27, 2013 899 Education, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Human Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice, or under the care or physical or legal custody of the Department of Human Services, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities." SECTION 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 115, having received the requisite constitutional majority, was passed by substitute. 900 JOURNAL OF THE SENATE SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd and Orrock of the 36th: A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 51, nays 0. Miller Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 134, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Burt Jones State Institutions and Property District 25 Higher Education 327-A Coverdell Legislative Office Building Insurance and Labor Atlanta, GA 30334 Regulated Industries and Utilities DEPUTY WHIP WEDNESDAY, FEBRUARY 27, 2013 901 The State Senate Atlanta, Georgia 30334 February 27, 2013 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Secretary Ewing, During today's senate vote on SB 134, I was unable to successfully cast my vote in favor of the bill. Please indicate my recorded vote as YEA on SB 134. I sincerely appreciate your assistance. Respecfully, /s/ Burt Jones Senator, District 25 SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; 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 substitute to SB 137: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in certain areas, so as to authorize the commissioner of economic development to designate areas as impoverished areas; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 902 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, is amended by revising subsection (c) as follows: "(c) The commissioner of community affairs, and the commissioner of economic development in areas qualifying under the provisions of paragraphs (1), (3), and (4) of this subsection, also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised composed of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs and the commissioner of economic development, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; (2) Any area comprised composed of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised composed of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs and the commissioner of economic development, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buyouts, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs and the commissioner of economic development, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 15 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36 or where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36 and which, in the opinion of the commissioner of community affairs and the commissioner of economic development, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business." 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. WEDNESDAY, FEBRUARY 27, 2013 903 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 137, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Gooch of the 51st SB 139. By Senators Miller of the 49th, Staton of the 18th, Harbison of the 15th, Shafer of the 48th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in 904 JOURNAL OF THE SENATE certain instances; to provide for exclusions; 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 139: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to provide for exclusions and applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, is amended by adding a new Code section to read as follows: "13-1-14. (a) In addition to any other charges permitted for the advance of money or for the extension of credit, a lender or seller may collect a closing fee at the time of making a loan or extending credit in order to defray the costs of investigation and verification of a borrower's or purchaser's credit reports and references. Such closing fee may be for an amount up to 4 percent of the face amount of the loan or credit extension or total amount of the sales contract but shall not be more than $50.00. Such closing fee may be paid from the proceeds of the amount borrowed or added to the principal amount of the loan or credit extension. (b) When any loan or sales contract upon which a closing fee has been charged is prepaid in full by any means within 90 days of the date of the loan or sales contract, the lender or seller shall refund or credit the borrower or purchaser with a pro rata portion of the closing fee; provided, however, that in such event, the lender or seller may retain an amount of not more than $25.00 from the collected closing fee. (c) This Code section shall only apply to industrial loans made pursuant to Chapter 3 of Title 7, retail installment and home solicitation sales contracts entered into pursuant to Article 1 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a closing fee authorized under this Code section shall not constitute interest, a time price differential, a finance charge, or a service charge within the meaning of Code Section 7-3-15, 10-1-4, or 3322-9. (d) Nothing contained in Code Section 7-4-18 shall be construed to amend or modify the the provisions of this Code section." WEDNESDAY, FEBRUARY 27, 2013 905 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 Davis of the 22nd offered the following amendment #1: Amend the substitute to SB 139 (LC 39 0421S) by replacing "4" with "2" on line 16. By replacing "$50.00" with "$25.00" on line 17. By replacing "$25.00" with "$15.00" on line 24. Senator Fort of the 39th moved that SB 139 be placed on the Table. On the motion the yeas were 12, nays 25; the motion lost, and SB 139 was not placed on the Table. Senator Carter of the 42nd asked unanimous consent that he be excused from voting on SB 139 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Carter of the 42nd was excused. On the adoption of the amendment, the yeas were 18, nays 24, and the Davis amendment #1 to the committee substitute was lost. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Balfour Y Beach E Bethel Y Burke N Butler Y Carter, B E Carter, J Y Harbison Y Harper N Heath N Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler Y Miller Y Mullis Y Murphy N Orrock N Ramsey Y Seay Y Shafer N Sims 906 JOURNAL OF THE SENATE Y Chance Y Cowsert N Crane Y Crosby N Davenport N Davis N Dugan N Fort Y Ginn Y Golden E Gooch Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones, B Jones, E Y Ligon N Loudermilk Y Lucas N McKoon Y Millar Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 34, nays 18. SB 139, having received the requisite constitutional majority, was passed by substitute. Serving as the doctor of the day was Dr. Hal D. Silcox III. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Thursday, February 28, 2013. The motion prevailed, and the President announced the Senate adjourned at 1:00 p.m. THURSDAY, FEBRUARY 28, 2013 907 Senate Chamber, Atlanta, Georgia Thursday, February 28, 2013 Twenty-sixth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 and Resolution of the House: HB 141. By Representatives Lindsey of the 54th, Morgan of the 39th, Brockway of the 102nd, Kaiser of the 59th and Jones of the 53rd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Department of Public Safety to develop and post the model notice on its website; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 187. By Representatives Dickerson of the 113th, Holt of the 112th, Welch of the 110th, Rutledge of the 109th, Stephenson of the 90th and others: A BILL to be entitled an Act to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances or marijuana in, on, or within drug-free commercial zones, so as to change the date of incorporation of local ordinances by reference; to repeal conflicting laws; and for other purposes. 908 JOURNAL OF THE SENATE HB 210. HB 226. HB 252. HB 302. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Roberts of the 155th, Burns of the 159th and others: A BILL to be entitled an Act to amend Code Section 48-8-17 of the Official Code of Georgia Annotated, relating to the temporary suspension of the collection of taxes on gasoline and aviation fuel, so as to provide for legislative findings; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending temporarily the collection of such taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Burns of the 159th, Roberts of the 155th, Mosby of the 83rd, Drenner of the 85th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; to repeal conflicting laws; and for other purposes. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the magistrate court of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Broadrick of the 4th, Harden of the 148th, Stephens of the 164th, Parrish of the 158th, Watson of the 166th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as THURSDAY, FEBRUARY 28, 2013 909 HB 315. HB 328. HB 329. HB 336. to add substances included under Schedule I controlled substances; to add substances included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. By Representatives Cooper of the 43rd, Clark of the 101st, Rynders of the 152nd, Kaiser of the 59th, Jones of the 53rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th: A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lowndes County; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), so as to provide that the judge of the Small Claims Court for Lowndes County shall be the magistrate judge and shall be elected on a nonpartisan basis; 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 conflicting laws; and for other purposes. By Representatives Powell of the 171st, Meadows of the 5th, Smith of the 134th, Abrams of the 89th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil practice, so as to provide for 910 JOURNAL OF THE SENATE certain pre-suit settlement offers and agreements as to tort claims arising out of use of motor vehicles; to repeal conflicting laws; and for other purposes. HB 384. By Representatives Roberts of the 155th, England of the 116th, Houston of the 170th and Watson of the 172nd: A BILL to be entitled an Act to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governing bodies and crossing streets under jurisdiction of the Department of Transportation, so as to modify provisions relating to a local governing authority designating public streets or portions thereof that are under its jurisdiction for the combined use of motorized carts and regular vehicular traffic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HR 205. By Representatives Neal of the 2nd, Kidd of the 145th, Cheokas of the 138th, Dunahoo of the 30th and Hill of the 22nd: A RESOLUTION authorizing the conveyance of certain state owned real property; to provide an effective date; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 225. By Senators Stone of the 23rd and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 226. By Senators Gooch of the 51st, Jackson of the 24th, Wilkinson of the 50th, Bethel of the 54th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to investigation fees; to provide for changes to compensation options of coroners; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. THURSDAY, FEBRUARY 28, 2013 911 SB 227. By Senators Millar of the 40th, Bethel of the 54th, Albers of the 56th and Crane of the 28th: A BILL to be entitled an Act to amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits relative to employment security, so as to provide changes to the determination of eligibility for unemployment benefits of certain persons performing certain services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 228. By Senators Beach of the 21st, McKoon of the 29th, Murphy of the 27th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to creation of development authorities, appointment and terms of directors, quorum, and adoption and filing of resolution of need, so as to define the area of operation of a development authority; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 229. By Senators Mullis of the 53rd, Staton of the 18th, Harper of the 7th, Hufstetler of the 52nd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Code Section 16-7-80 of the O.C.G.A., relating to definitions applicable to bombs, explosives, and chemical and biological weapons, and Chapter 10 of Title 25 of the O.C.G.A., relating to the regulation of fireworks, so as to authorize the possession and transportation of consumer fireworks and to authorize the sale of consumer fireworks under certain circumstances as determined by the local governing authority of municipalities and counties; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an excise tax on the sale of consumer fireworks to be dedicated equally to the Georgia Trauma Care Network Commission and the Georgia Firefighter Standards and Training Council; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. 912 JOURNAL OF THE SENATE SB 230. By Senators Harper of the 7th, Tolleson of the 20th, Wilkinson of the 50th, Mullis of the 53rd, Williams of the 19th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 4 of the O.C.G.A., relating to prevention and control of disease in livestock, so as to provide for regulation of importation of white-tailed deer from other states into this state for breeding purposes; to define certain terms; to provide for deer breeding permits; to provide for terms and conditions; to regulate deer breeders and deer breeding facilities; to prohibit certain acts; to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to change certain provisions relating to importation restrictions relative to live cervids and prohibitions on possession of cervid carcasses and to change certain provisions relating to wild animal licenses and permits generally; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 231. By Senators Loudermilk of the 14th, Albers of the 56th, Ligon, Jr. of the 3rd, Hill of the 4th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, so as to extend the sunset provisions for the additional sums collected on fines for the purpose of funding the commission and driver education and training in Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 232. By Senators Crane of the 28th, Unterman of the 45th, McKoon of the 29th and Harper of the 7th: A BILL to be entitled an Act to amend Code Section 17-17-8 of the Official Code of Georgia Annotated, relating to notification by prosecuting attorney of legal procedures and of victim's rights in relation thereto, so as to provide for notification regarding certain assistance available pursuant to federal law; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SB 233. By Senators Crane of the 28th, Unterman of the 45th, McKoon of the 29th and Harper of the 7th: A BILL to be entitled an Act to amend Chapter 21 of Title 15 and Code Section 16-3-6 of the Official Code of Georgia Annotated, relating to payment THURSDAY, FEBRUARY 28, 2013 913 and distribution of fines and forfeitures and affirmative defense to certain sexual crimes, respectively, so as to create the Safe Harbor for Sexually Exploited Children Fund; to change provisions relating to affirmative defenses for certain sexual crimes; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. SR 410. By Senators Orrock of the 36th, Henson of the 41st, Fort of the 39th, Davenport of the 44th, Jackson of the 2nd and others: A RESOLUTION requesting that the United States Congress and the President of the United States work to amend the Constitution of the United States to prohibit corporations and other entities from making unlimited independent expenditures supporting or opposing candidates for public office; and for other purposes. Referred to the Rules Committee. SR 412. By Senators Shafer of the 48th, Chance of the 16th, Staton of the 18th, Miller of the 49th, Hill of the 32nd and others: A RESOLUTION proposing an amendment to the Constitution so as to prohibit any additional sales taxes and to prohibit raising the rate of sales taxes currently in effect; to provide for conditions and limitations; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. SR 415. By Senators Shafer of the 48th, Chance of the 16th, Staton of the 18th, Miller of the 49th, Hill of the 32nd and others: A RESOLUTION proposing an amendment to the Constitution so as to prohibit raising the rate of state income taxes currently in effect; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. SR 416. By Senators Crane of the 28th, Unterman of the 45th, McKoon of the 29th and Harper of the 7th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional fees in any 914 JOURNAL OF THE SENATE case in which a person is adjudged guilty of trafficking a person for sexual servitude, pimping, pandering, keeping a place of prostitution, prostitution, masturbation for hire, or sexual exploitation of children to fund the Safe Harbor for Sexually Exploited Children Fund; 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 Judiciary Non-Civil Committee. The following House legislation was read the first time and referred to committee: HB 141. By Representatives Lindsey of the 54th, Morgan of the 39th, Brockway of the 102nd, Kaiser of the 59th and Jones of the 53rd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Department of Public Safety to develop and post the model notice on its website; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. HB 187. By Representatives Dickerson of the 113th, Holt of the 112th, Welch of the 110th, Rutledge of the 109th, Stephenson of the 90th and others: A BILL to be entitled an Act to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances or marijuana in, on, or within drug-free commercial zones, so as to change the date of incorporation of local ordinances by reference; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. HB 210. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Roberts of the 155th, Burns of the 159th and others: A BILL to be entitled an Act to amend Code Section 48-8-17 of the Official Code of Georgia Annotated, relating to the temporary suspension of the collection of taxes on gasoline and aviation fuel, so as to provide for legislative THURSDAY, FEBRUARY 28, 2013 915 findings; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending temporarily the collection of such taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 226. By Representatives Nix of the 69th, Burns of the 159th, Roberts of the 155th, Mosby of the 83rd, Drenner of the 85th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 252. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the magistrate court of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 302. By Representatives Broadrick of the 4th, Harden of the 148th, Stephens of the 164th, Parrish of the 158th, Watson of the 166th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to add substances included under Schedule I controlled substances; to add substances 916 JOURNAL OF THE SENATE included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Referred to the Health and Human Services Committee. HB 315. By Representatives Cooper of the 43rd, Clark of the 101st, Rynders of the 152nd, Kaiser of the 59th, Jones of the 53rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 328. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th: A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lowndes County; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 329. By Representatives Carter of the 175th, Black of the 174th, Sharper of the 177th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), so as to provide that the judge of the Small Claims Court for Lowndes County shall be the magistrate judge and shall be elected on a nonpartisan basis; to provided 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 conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, FEBRUARY 28, 2013 917 HB 336. By Representatives Powell of the 171st, Meadows of the 5th, Smith of the 134th, Abrams of the 89th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil practice, so as to provide for certain pre-suit settlement offers and agreements as to tort claims arising out of use of motor vehicles; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 384. By Representatives Roberts of the 155th, England of the 116th, Houston of the 170th and Watson of the 172nd: A BILL to be entitled an Act to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governing bodies and crossing streets under jurisdiction of the Department of Transportation, so as to modify provisions relating to a local governing authority designating public streets or portions thereof that are under its jurisdiction for the combined use of motorized carts and regular vehicular traffic; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HR 205. By Representatives Neal of the 2nd, Kidd of the 145th, Cheokas of the 138th, Dunahoo of the 30th and Hill of the 22nd: A RESOLUTION authorizing the conveyance of certain state owned real property; to provide an effective date; and for other purposes. Referred to the State Institutions and Property Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 234 Do Pass by substitute SB 209 Do Pass Respectfully submitted, Senator Wilkinson of the 50th District, Chairman 918 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 145 Do Pass by substitute Respectfully submitted, Senator Hill of the 32nd District, Chairman The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor February 27, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Renee Unterman to serve as Ex-Officio for the Senate Finance Committee. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: THURSDAY, FEBRUARY 28, 2013 919 SB 195 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 127 SB 204 Do Pass Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Judiciary Non-Civil Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 101 SB 197 Do Pass by substitute Do Pass SB 116 Do Pass SR 59 Do Pass Respectfully submitted, Senator Stone of the 23rd 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 178 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: 920 JOURNAL OF THE SENATE HB 376 HB 416 HB 440 Do Pass Do Pass Do Pass HB 415 HB 417 SB 199 Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd 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 414 Do Pass SB 168 Do Pass by substitute SB 160 Do Pass by substitute SB 179 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 February 27, 2013 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Frank Ginn and Senator Lindsey Tippins to serve as an Ex-Officio member of the Senate State and Local Governmental Operations Committee for the meeting on February 27, 2013. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle Chairman of Committee on Assignments THURSDAY, FEBRUARY 28, 2013 921 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 202 Do Pass by substitute SB 218 Do Pass Respectfully submitted, Senator Gooch of the 51st District, Chairman The following legislation was read the second time: HB 266 SB 138 SB 76 SB 156 SB 95 SB 189 SB 119 SB 194 SB 121 SR 348 SB 136 Senator Davenport of the 44th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator 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 Davenport of the 44th asked unanimous consent that Senator Lucas of the 26th be excused. The consent was granted, and Senator Lucas was excused. Senator Jeffares of the 17th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused. Senator Davis of the 22nd asked unanimous consent that Senator Crosby of the 13th be excused. The consent was granted, and Senator Crosby was excused. The following Senators were excused for business outside the Senate Chamber: Jackson of the 24th Thompson of the 33rd Tolleson of the 20th The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Golden Gooch Harbison Harper Heath Loudermilk McKoon Millar Miller Mullis 922 JOURNAL OF THE SENATE Butler Carter, B Carter, J Chance Cowsert Crane Davenport Davis Dugan Fort Ginn Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, L James Jeffares Jones, B Jones, E Ligon Not answering were Senators: Crosby (Excused) Ramsey (Excused) Thompson, C. (Excused) Jackson, B. (Excused) Shafer Thompson, S. (Excused) Murphy Orrock Seay Sims Stone Tate Tippins Unterman Wilkinson Williams Lucas (Excused) Staton (Excused) Tolleson (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Tate of the 38th introduced the chaplain of the day, Reverend Sharma Lewis of Stone Mountain, Georgia, who offered scripture reading and prayer. Senator Wilkinson of the 50th recognized and commended Christopher B. Erwin, Georgia's 2013 School Superintendent of the Year, commended by SR 240, adopted previously. Senator Wilkinson of the 50th congratulated the Banks County Leopards Wrestling Team, commended by SR 239, adopted previously. Superintendent Christopher B. Erwin addressed the Senate briefly. Senator Henson of the 41st recognized and commended linemen from Georgia Power and the International Brotherhood of Electrical Workers Local 84, members of the Georgia AFL-CIO, for their diligence in responding to the needs of individuals in the aftermath of Hurricane Sandy, commended by SR 346, adopted previously. Doyle Howard and Yvonne Robinson addressed the Senate briefly. Senator Millar of the 40th recognized John Frederick Agel, Sr., as the Distinguished Older Georgian for 2013. John Frederick Agel, Sr. addressed the Senate briefly. Senator Mullis of the 53rd recognized the Gordon Lee Memorial High School Lady Trojan softball team on their exceptional season, commended by SR 364, adopted previously. THURSDAY, FEBRUARY 28, 2013 923 Senator Staton of the 18th recognized the Georgia Peach Festival and the 2012 Georgia Peach Queens, commended by SR 66, adopted previously. Senator Miller of the 49th recognized his mother and the Stonehenge Garden Club. The following resolutions were read and adopted: SR 406. By Senator Shafer of the 48th: A RESOLUTION congratulating Mr. Chase Czaykowsky on being named one of the top youth volunteers in Georgia for 2013, in the 18th annual Prudential Spirit of Community Awards; and for other purposes. SR 407. By Senators Fort of the 39th, Orrock of the 36th and James of the 35th: A RESOLUTION recognizing and commending Reverend Toney Mosley on the occasion of his 20th pastoral anniversary; and for other purposes. SR 408. By Senators Hill of the 4th, Carter of the 1st, Burke of the 11th and Unterman of the 45th: A RESOLUTION recognizing and commending W. Scott Bohlke, M.D.; and for other purposes. SR 409. By Senators Henson of the 41st, Butler of the 55th, Seay of the 34th, Tate of the 38th, Fort of the 39th and others: A RESOLUTION congratulating the International Association of Machinists and Aerospace Workers on the occasion of its 125th anniversary; and for other purposes. SR 411. By Senators Cowsert of the 46th, Unterman of the 45th, Tippins of the 37th and Jones of the 25th: A RESOLUTION congratulating the Loganville Middle School Lady Red Devils Basketball Team on winning the 2013 Piedmont Athletic Conference Championship; and for other purposes. SR 413. By Senators Orrock of the 36th, Unterman of the 45th, Hufstetler of the 52nd and Ligon, Jr. of the 3rd: A RESOLUTION urging adult citizens of Georgia to strongly consider preparing an advance directive for health care that appoints their health care agent and states their treatment preferences; and for other purposes. 924 JOURNAL OF THE SENATE SR 414. By Senators Jones of the 10th, Davenport of the 44th, Ramsey, Sr. of the 43rd, Butler of the 55th, Millar of the 40th and others: A RESOLUTION recognizing and commending Mr. Buck Godfrey 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 February 28, 2013 Twenty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 199 Stone of the 23rd 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 376 Tolleson of the 20th CITY OF HAWKINSVILLE A BILL to be entitled an Act to authorize the governing authority of the City of Hawkinsville 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 415 Harbison of the 15th McKoon of the 29th COLUMBUS, GEORGIA A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, THURSDAY, FEBRUARY 28, 2013 925 approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes. HB 416 Harbison of the 15th McKoon of the 29th COLUMBUS, GEORGIA 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 change certain provisions relating to the personnel review board; to repeal conflicting laws; and for other purposes. HB 417 Harbison of the 15th McKoon of the 29th COLUMBUS, GEORGIA 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 make certain stylistic changes to said charter; to repeal conflicting laws; and for other purposes. HB 440 Burke of the 11th CITY OF ELLENTON A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Ellenton, Georgia, approved April 17, 1975 (Ga. L. 1975, p. 3073), so as to change certain provisions relating to the election and powers of city councilmembers; 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 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 Beach Y Bethel Y Harbison Y Harper Y Heath Y Henson Miller Y Mullis Y Murphy Y Orrock 926 JOURNAL OF THE SENATE Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate E Thompson, C E Thompson, S Y Tippins Y 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. SENATE RULES CALENDAR THURSDAY, FEBRUARY 28, 2013 TWENTY-SIXTH LEGISLATIVE DAY SB 10 Registered Professional Nurses; provide continuing competency requirements as a requirement for license renewal (H&HS-1st) SB 128 Professional Counselors; revise definitions relating to marriage and family therapy (H&HS-40th) SB 140 Insurance; include contracts, agreements, and instruments for repair of a motor vehicle (Substitute)(I&L-27th) SB 142 Georgia Judicial Retirement System; board of trustees; authority to determine the time/circumstances of paying benefits; qualified plan under federal law (Substitute)(RET-40th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee THURSDAY, FEBRUARY 28, 2013 927 The following legislation was read the third time and put upon its passage: SB 10. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 51, nays 1. SB 10, having received the requisite constitutional majority, was passed. SB 128. By Senators Millar of the 40th and Unterman of the 45th: 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 928 JOURNAL OF THE SENATE workers, and marriage and family therapists, so as to revise definitions relating to marriage and family therapy; 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 Beach N Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison N Harper Y Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B N Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar N Miller N Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 44, nays 8. SB 128, having received the requisite constitutional majority, was passed. SB 140. By Senators Murphy of the 27th, Miller of the 49th, Mullis of the 53rd, Ginn of the 47th and Gooch of the 51st: A BILL to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to include contracts, agreements, and instruments for the repair of certain wear and tear of a motor vehicle to include rips, burns, tears, holes, and punctures to interior fabric or carpet, cosmetic repair to aluminum or painted wheels, and exterior reconditioning of foggy or yellowed headlights within the definition of THURSDAY, FEBRUARY 28, 2013 929 property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 140: A BILL TO BE ENTITLED AN ACT To amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to include contracts, agreements, and instruments for the repair of certain wear and tear of a motor vehicle to include rips, burns, tears, holes, and punctures to interior fabric or carpet, cosmetic repair to aluminum or painted wheels, and exterior reconditioning of foggy or yellowed headlights within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, is amended by revising paragraph (1) of subsection (b) as follows: "(1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for: (A) The the mechanical breakdown or mechanical failure of a motor vehicle;, or for the (B) The repair of certain reasonable motor vehicle wear and tear sustained in ordinary use, such as: (i) The removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques; or the (ii) The removal of small windshield chips and cracks without replacement of the entire windshield;, (iii) The repair of rips, burns, tears, holes, and punctures to interior fabric or carpet; (iv) Cosmetic repair of minor scuffs, scratches, scrapes, or rash on exterior plastic surfaces, including, but not limited to, bumpers; (v) Cosmetic repair to aluminum or painted wheels when the normal appearance of the wheel is altered with minor curb scuffs, scratches, scrapes, or rash; or (vi) Exterior reconditioning of foggy or yellowed headlights to restore clarity and luster, and shall include those agreements commonly known as vehicle service agreements or 930 JOURNAL OF THE SENATE extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose;" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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. SB 140, having received the requisite constitutional majority, was passed by substitute. THURSDAY, FEBRUARY 28, 2013 931 SB 142. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to provide that the board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law; to provide that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age; to require notice to the board of trustees of such employment; to provide for penalties; 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 GREG S. GRIFFIN State Auditor (404) 656-2174 January 31, 2013 The Honorable Fran Millar State Senator Coverdell Legislative Office Building, Room 319-B Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 142 (LC 21 2051) Dear Senator Millar: This bill would amend provisions relating to retirement benefits paid under the Georgia Judicial Retirement System. If this legislation is enacted, the board of trustees would be authorized to determine the time and circumstances of paying benefits to members, to the 932 JOURNAL OF THE SENATE extent necessary, to preserve the System's status as a qualified plan under federal law. Additionally, this legislation would require the board to discontinue the payment of retirement benefits to any member who returns to the service of the state. This would include service directly or indirectly as or for an independent contractor. It should be noted that any retired member who is subsequently elected to the General Assembly may continue to receive his or her retirement benefits. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor The Senate Retirement Committee offered the following substitute to SB 142: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to provide that the board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law; to provide that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age; to require notice to the board of trustees of such employment; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, is amended in Code Section 47-23-102, relating to vesting and benefits upon retirement, by designating the existing portion of such Code section as subsection (a) and by adding a new subsection to read as follows: "(b) The board is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a qualified retirement plan for the purposes of federal income tax laws and regulations." THURSDAY, FEBRUARY 28, 2013 933 SECTION 2. Said article is further amended by revising Code Section 47-23-109, relating to cessation of retirement allowance for resuming state service, as follows: "47-23-109. (a) Except as provided in subsection (b) of this Code section, if any retired member who has not yet reached normal retirement age returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, except as a member of the General Assembly, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which he or she was receiving prior to returning to state service, calculated with any increases granted during the period of compensation. (b) The retirement allowance of a retired member who has reached normal retirement age and who returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, other than as a member of the General Assembly shall not cease, provided that such member performs no more than 1,040 hours of such service in any calendar year. (c) Any state entity that employs a retired plan member, other than for service in the General Assembly as provided in subsection (a) of this Code section, shall within 30 days of the employee's accepting employment notify the board in writing stating the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board may request. If the retired plan member performs more than 1,040 hours of work in any calendar year, the employer shall so notify the board as soon as such information is available. Any employer that fails to notify the board as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and the employer becomes liable to the retirement system, the plan member shall hold the employer harmless for all such liability." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 934 JOURNAL OF THE SENATE GREG S. GRIFFIN State Auditor (404) 656-2174 February 14, 2013 The Honorable Fran Millar State Senator Coverdell Legislative Office Building, Room 319-B Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 142 (LC 21 2123S) Dear Senator Millar: This substitute bill would amend provisions relating to retirement benefits paid under the Georgia Judicial Retirement System. If this legislation is enacted, the board of trustees would be authorized to determine the time and circumstances of paying benefits to members, to the extent necessary, to preserve the System's status as a qualified plan under federal law. Additionally, this legislation would require the board to discontinue the payment of retirement benefits to any member who returns to the service of the state. This would include service directly or indirectly as or for an independent contractor. It should be noted that any retired member who is subsequently elected to the General Assembly may continue to receive his or her retirement benefits. Finally, this substitute bill would require the employer to notify the board of trustees if they hire a retired member, and to subsequently notify the board if the member performs more than 1,040 hours of work in any calendar year. In the event the employer fails to notify the board, the employer may be required to reimburse the board for benefits that have been wrongfully paid. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor On the adoption of the substitute, there were no objections, and the committee substitute was adopted. THURSDAY, FEBRUARY 28, 2013 935 The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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. SB 142, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator John Wilkinson District 50 321-B State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Education and Youth Appropriations Government Oversight The State Senate Atlanta, Georgia 30334 2/28/13 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 936 JOURNAL OF THE SENATE Dear Secretary Ewing, I am requesting that my name be removed from Senate Bill 230. If you have any questions, please feel free to call my office. Sincerely, /s/ John Wilkinson State Senate District 50 Senator Chance of the 16th moved that the Senate adjourn until 9:00 a.m. Friday, March 1, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:49 a.m. FRIDAY, MARCH 1, 2013 937 Senate Chamber, Atlanta, Georgia Friday, March 1, 2013 Twenty-seventh 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 communication was received by the Secretary: Senator Bill Heath District 31 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Finance Government Oversight The State Senate Atlanta, Georgia 30334 REPORT OF THE MINORITY IN THE MATTER OF HB 266 February 28, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Bob, Pursuant to Section 2-1.6(a), I submit the following minority report in reference to HB 266, which received a favorable report from the Senate Finance Committee on February 27, 2013. Since 2007, the Senate Finance Committee has made every attempt to be fiscally responsible in its actions on bills before the committee, very carefully and deliberately maintaining the balance of protecting the state's revenue stream while guarding the financial burden on Georgia's taxpayers. 938 JOURNAL OF THE SENATE House Bill 80, which sought to make significant changes to provisions related to the taxation of motor vehicles, had a rocky start. Being introduced on January 16, 2013, the bill passed out of the House Ways and Means Committee on February 6, was recommitted to the committee on February 8, and then passed out of committee a second time on February 12- all without a single fiscal note. On February 14, HB 80 passed on the House floor with only four dissenting votes, all while being touted as a revenue neutral bill. On February 16, 2013, notice that a hearing would be held on Monday, February 18 at 2:00 p.m. was received. This notice, being late on a Saturday afternoon, was in violation of the spirit of Senate Rule 2-1.7 requiring 24 hours-notice prior to a scheduled meeting. Further, in the meeting of the Majority Caucus on February 14 the announcement was made that no committees would meet on February 18, allowing senators to schedule work in their districts. At the time of this writing, the minutes of that lengthy February 18 meeting are unavailable. A Fiscal Note was provided that day which indicated that the fiscal impact of the bill would be a net increase in revenue to the state of $141 million over the years 2013-2017. Specifically, the changes to how Fair Market Value of vehicles would be calculated under HB 80's provisions would result in an additional $316 million in taxes collected, and changes to how rental cars and leased cars would be taxed would result in a reduction in revenue of $150 million. Changes in avoided fees for failure to transmit a title within 10 days would result in a revenue reduction of $25 million. No action was taken on HB 80 at the February 18 meeting. On February 19, a second Senate Finance Committee meeting was held to debate the issues surrounding HB 80. There was much concern about passing the huge tax increase onto Georgia's automobile owners. No other committee meetings were held until February 27 at 8:00 a.m. The meeting notice stated an agenda of HB 80. In the 8:00 a.m. meeting on February 27, instead of discussing HB 80, the discussion centered around a substitute to HB 266. HB 266 was intended to change Georgia's Code to reflect changes made by three federal tax bills dealing with the federal income tax code. The bill had passed the House on February 26 and had a Fiscal Note indicating an estimated tax cut of $79.2 million over tax years 2013-2017. The Senate Finance Committee substitute combined the measures contained in HB 80 and HB 266. While both bills contained changes to Title 48, the subject matter of the two bills was very different which brings into question its constitutionality (Article III, Section V, Paragraph III). Throughout the Finance Committee debate, it was often pointed out that an extreme burden would be placed upon leasing companies beginning March 1, 2013 if the legislation did not pass and get signed into law before that date. FRIDAY, MARCH 1, 2013 939 At approximately 9:15 a.m. the Finance Committee suspended. Session began at approximately 10:00 a.m. and immediately suspended to allow the Finance Committee to reconvene. A second substitute bill to HB 266 was introduced to the Committee by the staff of the Lt. Governor's office. After a very rushed discussion, several amendments were offered. The Finance Committee approved some of the amendments while others failed. The Bill's sponsor pleaded for the compliance bill to be passed without the addition of the language from HB 80. The committee passed the substitute language to HB 266 without knowing the fiscal impact to either the state or the taxpayers of Georgia. A commitment was made to the committee that the bill would not be voted on by the full Senate without a Fiscal Note. While the substitute to HB 266 contains some probable tax cuts, the bill likely includes some huge tax increases to the common Georgia taxpayer who purchases an automobile under the new system. I voted against the bill in committee because of the haste in which the bill was prepared, the breach of the committee's fiduciary responsibility and the uncertainty of who would bear the tax burdens likely to be in the bill. Respectfully submitted this 28th day of February, 2013, /s/ Bill Senator Bill Heath (31) 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 and Resolutions of the House: HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th: 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 revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes. 940 JOURNAL OF THE SENATE HB 156. HB 242. HB 244. HB 283. By Representatives Neal of the 2nd, Atwood of the 179th, Nix of the 69th, Hitchens of the 161st and Hightower of the 68th: A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, so as to clarify certain acts amounting to unlawfully seducing, soliciting, luring, or enticing a child through use of a computer online service, Internet service, or similar service, to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Coomer of the 14th, Hatchett of the 150th, Nimmer of the 178th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the O.C.G.A., relating to classification and separation of inmates generally; to amend Chapter 4A of Title 49 of the O.C.G.A., relating to the Department of Juvenile Justice; to amend the O.C.G.A., so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Morgan of the 39th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise certain provisions relating to annual performance evaluations; to provide for the development of evaluation systems for teachers of record, assistant principals, and principals; to provide for confidentiality and exceptions; to provide for the reporting of certain evaluation results to the Professional Standards Commission; to revise provisions relating to annual contracts; to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise FRIDAY, MARCH 1, 2013 941 HB 293. HB 324. HB 327. terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 29th, Rice of the 95th, Cooper of the 43rd, Powell of the 32nd, Abrams of the 89th and others: A BILL to be entitled an Act to amend Subpart 5 of Part 3 of Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to tuition equalization grants at private colleges and universities, so as to revise a definition; to provide that a proprietary institution offering a course of study in nursing which is otherwise qualified as a qualified proprietary institution of higher education except for having not been in existence in this state for a period of at least ten years on January 1, 2011, that is a wholly owned subsidiary of a corporation that operates a proprietary institution of higher education in this state, either directly or through a wholly owned subsidiary corporation, and which is a qualified proprietary institution of higher education shall be considered a qualified proprietary institution of higher education; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Dollar of the 45th, Ramsey of the 72nd, Ehrhart of the 36th and Carter of the 175th: A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, Dudgeon of the 25th, England of the 116th, Dickson of the 6th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact 942 JOURNAL OF THE SENATE HB 432. HB 433. HB 447. the "Flexibility and Accountability Act for Student Achievement"; to provide for legislative intent; to categorize each school system as a Category 1, Category 2, or Category 3 school system; to establish requirements; to provide for specified flexibility and accountability for Category 1 school systems; to provide for full flexibility for Category 2 school systems; to provide for Category 3 school systems as charter systems; to provide for statutory construction; to provide for grants; to provide for mediation; to provide for rules and regulations; to revise provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Morris of the 156th: 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 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 the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Representative Morris of the 156th: 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, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3608), 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 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 Representatives Hatchett of the 150th, Epps of the 144th and Pruett of the 149th: 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 FRIDAY, MARCH 1, 2013 943 HB 457. HB 466. HB 467. HB 479. HB 484. 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. By Representatives Braddock of the 19th, Maxwell of the 17th, Alexander of the 66th and Gravley of the 67th: A BILL to be entitled an Act to amend an Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to provide for reincorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of a mayor and the city council; to provide for definitions and construction; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 10th and Gasaway of the 28th: A BILL to be entitled an Act to provide for a new charter for the City of Cornelia; to provide a general repealer; and for other purposes. By Representative Epps of the 144th: A BILL to be entitled an Act to provide a new charter for the Town of Danville; to provide for related matters; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Dudgeon of the 25th, Hamilton of the 24th, Tanner of the 9th, Duncan of the 26th and Hill of the 22nd: A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3783), so as to change the compensation of the chairperson and members of the board; to remove compensation for per diem expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Williamson of the 115th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 944 JOURNAL OF THE SENATE 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to provide for the jurisdiction of the municipal court; to repeal conflicting laws; and for other purposes. HB 485. By Representative Hatchett of the 150th: A BILL to be entitled an Act to amend an Act to establish the City Court of Soperton (now known as the State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, so as to change the salary of the judge and solicitor; to provide for an effective date; to repeal conflicting laws; and for other purposes. HR 281. By Representatives Roberts of the 155th, Watson of the 172nd and Houston of the 170th: A RESOLUTION providing that Tift County be so named in honor of the late Henry Harding Tift; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 234. By Senators Jones of the 25th, Murphy of the 27th, Millar of the 40th, Ginn of the 47th, Golden of the 8th 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 comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell travel insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 235. By Senators Albers of the 56th, Mullis of the 53rd and Gooch of the 51st: A BILL to be entitled an Act to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, so as to change the definition of the term "firefighter"; to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. FRIDAY, MARCH 1, 2013 945 SB 236. By Senators Jones of the 25th, Murphy of the 27th, Harper of the 7th, Tippins of the 37th and Ginn of the 47th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any, attributable to the Patient Protection and Affordable Care Act; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 237. By Senators Jones of the 10th, Henson of the 41st, Butler of the 55th and Davenport of the 44th: A BILL to be entitled an Act to provide a code of ethics for the DeKalb County School System; to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 16, 2012 (Ga. L. 2012, p. 5509), so as to add a qualification for board members; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 238. By Senators Loudermilk of the 14th, Albers of the 56th and Beach of the 21st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615), as amended, so as to revise certain provisions relating to the powers and duties of the mayor; to add powers of the city council regarding city employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 239. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, liens, and security, so as to change certain provisions related to hospital liens; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 946 JOURNAL OF THE SENATE SB 240. By Senator Hill of the 6th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by passenger carriers, nonprofit organizations, and hotels and motels, so as to provide for the licensing of the production of distilled spirits for educational purposes by non-profit museums; to create a definition of non-profit museum; to provide a permit fee; to provide limitations of such permits; to waive certain alcohol tax and bond requirements for non-profit museums; 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 241. By Senators Hill of the 6th, Harbison of the 15th and Dugan of the 30th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to provide for leadership and service recognition of students applying to institutions of the university system; to provide for recommendations for admissions to the university system; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 242. By Senators Hill of the 6th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to powers of downtown development authorities generally, so as to provide that downtown development authorities may undertake projects regarding reducing energy or water consumption on property or installing an improvement to property that produces energy from renewable resources within the territorial boundaries of the municipality; 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 243. By Senator Bethel of the 54th: A BILL to be entitled an Act to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to change certain provisions relating to definitions; to change certain provisions FRIDAY, MARCH 1, 2013 947 relating to requirements for such organizations; to change certain provisions relating to taxation reporting requirements for such organizations; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to change certain provisions relating to qualified education tax credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SR 418. By Senators Ligon, Jr. of the 3rd and Carter of the 1st: A RESOLUTION honoring the life of Mr. Fernando Joseph Torras and dedicating a road in his memory; and for other purposes. Referred to the Transportation Committee. SR 420. By Senators Loudermilk of the 14th, Unterman of the 45th, Cowsert of the 46th, Carter of the 1st, Albers of the 56th and others: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that this state shall recognize the paramount right to life of all human beings as persons at any stage of development; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. SR 423. By Senators McKoon of the 29th, Millar of the 40th, Carter of the 42nd, Shafer of the 48th, Chance of the 16th and others: A RESOLUTION requesting that Georgia's Congressional delegation, Congress as a whole, and President Obama immediately resolve our national debt crisis with a bipartisan, balanced, comprehensive, long-term solution; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th: 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 revise provisions concerning the 948 JOURNAL OF THE SENATE licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 156. By Representatives Neal of the 2nd, Atwood of the 179th, Nix of the 69th, Hitchens of the 161st and Hightower of the 68th: A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, so as to clarify certain acts amounting to unlawfully seducing, soliciting, luring, or enticing a child through use of a computer online service, Internet service, or similar service, 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 Non-Civil Committee. HB 242. By Representatives Willard of the 51st, Coomer of the 14th, Hatchett of the 150th, Nimmer of the 178th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the O.C.G.A., relating to classification and separation of inmates generally; to amend Chapter 4A of Title 49 of the O.C.G.A., relating to the Department of Juvenile Justice; to amend the O.C.G.A., so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 244. By Representatives Nix of the 69th, Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Morgan of the 39th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise certain provisions relating to annual performance evaluations; to FRIDAY, MARCH 1, 2013 949 provide for the development of evaluation systems for teachers of record, assistant principals, and principals; to provide for confidentiality and exceptions; to provide for the reporting of certain evaluation results to the Professional Standards Commission; to revise provisions relating to annual contracts; to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 293. By Representatives Rogers of the 29th, Rice of the 95th, Cooper of the 43rd, Powell of the 32nd, Abrams of the 89th and others: A BILL to be entitled an Act to amend Subpart 5 of Part 3 of Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to tuition equalization grants at private colleges and universities, so as to revise a definition; to provide that a proprietary institution offering a course of study in nursing which is otherwise qualified as a qualified proprietary institution of higher education except for having not been in existence in this state for a period of at least ten years on January 1, 2011, that is a wholly owned subsidiary of a corporation that operates a proprietary institution of higher education in this state, either directly or through a wholly owned subsidiary corporation, and which is a qualified proprietary institution of higher education shall be considered a qualified proprietary institution of higher education; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. 950 JOURNAL OF THE SENATE HB 324. By Representatives Dollar of the 45th, Ramsey of the 72nd, Ehrhart of the 36th and Carter of the 175th: A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 327. By Representatives Coleman of the 97th, Dudgeon of the 25th, England of the 116th, Dickson of the 6th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the O.C.G.A., relating to elementary and secondary education, so as to enact the "Flexibility and Accountability Act for Student Achievement"; to provide for legislative intent; to categorize each school system as a Category 1, Category 2, or Category 3 school system; to establish requirements; to provide for specified flexibility and accountability for Category 1 school systems; to provide for full flexibility for Category 2 school systems; to provide for Category 3 school systems as charter systems; to provide for statutory construction; to provide for grants; to provide for mediation; to provide for rules and regulations; to revise provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 432. By Representative Morris of the 156th: 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 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 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. FRIDAY, MARCH 1, 2013 951 HB 433. By Representative Morris of the 156th: 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, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3608), 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 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 447. By Representatives Hatchett of the 150th, Epps of the 144th and Pruett of the 149th: 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 457. By Representatives Braddock of the 19th, Maxwell of the 17th, Alexander of the 66th and Gravley of the 67th: A BILL to be entitled an Act to amend an Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to provide for reincorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of a mayor and the city council; to provide for definitions and construction; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 952 JOURNAL OF THE SENATE HB 466. By Representatives Rogers of the 10th and Gasaway of the 28th: A BILL to be entitled an Act to provide for a new charter for the City of Cornelia; to provide a general repealer; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 467. By Representative Epps of the 144th: A BILL to be entitled an Act to provide a new charter for the Town of Danville; to provide for related matters; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 479. By Representatives Dudgeon of the 25th, Hamilton of the 24th, Tanner of the 9th, Duncan of the 26th and Hill of the 22nd: A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3783), so as to change the compensation of the chairperson and members of the board; to remove compensation for per diem expenses; 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 484. By Representative Williamson of the 115th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to provide for the jurisdiction of the municipal court; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 485. By Representative Hatchett of the 150th: A BILL to be entitled an Act to amend an Act to establish the City Court of Soperton (now known as the State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, so as to FRIDAY, MARCH 1, 2013 953 change the salary of the judge and solicitor; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 281. By Representatives Roberts of the 155th, Watson of the 172nd and Houston of the 170th: A RESOLUTION providing that Tift County be so named in honor of the late Henry Harding Tift; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. The following committee reports were read by the Secretary: Mr. President: The 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 212 Do Pass by substitute Respectfully submitted, Senator Tippins of the 37th District, Chairman The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor February 28, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Barry Loudermilk to serve as Ex-Officio for the Senate Education and 954 JOURNAL OF THE SENATE Youth Committee meeting on February 28, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President 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: SB 181 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 103 SB 1 SR 378 Do Pass Do Pass by substitute Do Pass HB 198 Do Pass by substitute SB 224 Do Pass Respectfully submitted, Senator Golden of the 8th 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 210 SB 213 SR 267 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman FRIDAY, MARCH 1, 2013 955 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 254 Do Pass by substitute SB 207 Do Pass SB 23 Do Pass SB 216 Do Pass Respectfully submitted, Senator Carter of the 1st 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 340 Do Pass SB 201 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following legislation was read the second time: HB 202 SB 145 SB 197 HB 234 SB 160 SB 204 HB 414 SB 168 SB 209 SB 101 SB 178 SB 218 SB 116 SB 179 SR 59 SB 127 SB 195 The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Jackson of the 24th Thompson of the 5th The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, J Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Miller Mullis Murphy Ramsey Seay Shafer Sims 956 JOURNAL OF THE SENATE Cowsert Crane Crosby Davenport Dugan Fort Ginn Gooch Harbison Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk McKoon Millar Staton Stone Tate Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Carter, B. Golden Orrock Chance Jackson, B. (Excused) Thompson, C. (Excused) Davis (Excused) Lucas Senator Carter of the 1st 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 Jones of the 10th introduced the chaplain of the day, Reverend Ulysses Ponder of Ellenwood, Georgia, who offered scripture reading and prayer. Senator Jones of the 10th recognized and commended Reverend Ulysses Ponder on the occasion of his 25th anniversary as pastor of Poplar Springs Baptist Church, commended by SR 246, adopted previously. Senator Stone of the 23rd introduced the doctor of the day, Dr. Randall J. Ruark. Senator Harper of the 7th introduced the Telemedicine doctor of the day, Dr. Rhonda O. Williams. Senator Chance of the 16th moved to suspend the Senate Rules to reorder the order of business to take up HB 266. There was no objection. Senator Chance of the 16th moved to engross HB 266, which was on today's Senate Rules Calendar. On the motion, there was no objection and HB 266 was engrossed. The following legislation was read the third time and put upon its passage: FRIDAY, MARCH 1, 2013 957 HB 266. By Representative Peake of the 141st: 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 1-156 Atlanta, Georgia 30334-8400 GREG S. GRIFFIN State Auditor (404) 656-2174 February 19, 2013 Honorable Mickey Channell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 266 Substitute (LC 34 3746S) Dear Chairman Channell: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: Section 1 of this legislation amends the tax code of Georgia to incorporate the 2012 and early 2013 changes to the federal income tax code. During this time, three Federal tax 958 JOURNAL OF THE SENATE bills with consequences to state revenues were signed into law. These bills include the American Taxpayer Relief Act of 2012 (ATRA), the FAA Air Transportation Modernization and Safety Improvement Act, and the Moving Ahead for Progress in the 21st Century Act. Section 1 incorporates all of the federal tax changes of the above mentioned legislation that have been adopted in the past into the Georgia tax code with the following three exceptions which have never been adopted. First, ATRA increases the maximum allowable deduction for section 179 property to $500,000 and increases the phase-out threshold to $2,000,000. Second, ATRA also expands the definition of section 179 property to include qualified real property for tax years beginning in 2012 and 2013. Lastly, ATRA extends and modifies the placed-in-service dates for certain property associated with the bonus depreciation deduction. This legislation also extends the option to forego bonus depreciation deductions for credits and extends for 2013 the additional first year auto depreciation of $8,000. By not conforming to the Section 179 provision included in ATRA, the maximum deduction for Georgia tax purposes for this deduction becomes $139,000 with a phaseout threshold of $560,000 for 2012 and $25,000 with a phase-out threshold of $200,000 in 2013. As an alternative, this legislation provides that the maximum deduction for purposes of Georgia taxable income is equal to $250,000 for 2012 and 2013 with a phaseout threshold of $800,000. The revenue effect of adopting all federal provisions is shown in Table 1. In addition, the costs associated with each of the federal provisions not included in this legislation are shown, as is the estimate for the special Section 179 provision for 2013. The value of the exclusions are subtracted from the cost of adopting all provisions and the value of the special Section 179 provision is added to the total to determine the combined net effect of the provisions included in Section 1 of this legislation. Revenue Effect of adopting all federal provisions Less Exceptions Section 179 provision Section 179 qualified real property provision Bonus depreciation, etc. provision Revenue Effect of HB266 Section 1* Fiscal Years/$ in Millions 2013 2014 2015 2016 2017 -110.6 -351.8 21.7 112.1 69.6 Total 2013-2017 -259.0 -9.9 -34.5 1.3 10.3 7.3 -7.6 -26.6 1.0 7.9 5.6 -73.8 -252.5 21.8 89.3 63.5 -25.5 -19.6 -151.7 FRIDAY, MARCH 1, 2013 959 Revenue Effect of adopting all federal provisions less the exception provisions -19.4 -38.2 -2.3 4.6 -6.7 -62.1 Revenue Effect of -6.6 -23.1 0.9 6.9 4.9 Special Georgia modification - Increase Section 179 max. deduction to $250,000 in 2012 and 2013 -17.1 Net Impact of Section 1 -26.0 -61.3 -1.4 11.5 -1.8 of HB 266 on State Revenues *Totals may not add due to rounding. -79.2 Section 2 of this legislation clarifies existing law regarding the R&D credit under O.C.C.A 48-7-40.12 and, thus, has no fiscal impact on state revenues. However, based on their different interpretation of the 2012 House Bill 868 amendments to such code section which for the first time allowed all taxpayers earning the credit to take them against employee tax withholding multiple taxpayers are seeking to offset employee withholding liabilities with credit carryforwards from tax years before 2012; DOR has indicated those claims total at least $100m. The proposed legislation is effective for tax years beginning on or after January 1, 2012, and if enacted it will make clear that the tax treatment sought by these taxpayers and others who might be similarly situated is not permitted. Section 3 clarifies the exemption from sales tax for agricultural inputs. This section clarifies that energy used for agricultural purposes does not include fuels subject to the prepaid state tax. In addition, this section provides that a dealer that performs both agricultural and manufacturing operations at the same location may avail itself of either the manufacturing related exemptions or the agricultural related exemptions established in 2012 House Bill 386 but not both in any calendar year. These provisions make clear the intent of 2012 House Bill 386. As such, these provisions are not expected to have any revenue impact relative to the expected revenue changes at the time of passage. Section 4 alters the burden of proof on dealers in certain sales. Under current law, the burden of proving that a sale of tangible personal property is not a sale at retail shall be upon the person who makes the sale unless such person takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise exempt. This section provides that the person must accept the certificate in good faith and then specifies conditions necessary to qualify as good faith. These conditions are designed to improve compliance with the specific exemptions allowed under Georgia law and provide a means for the Department of Revenue to audit dealers who accept such 960 JOURNAL OF THE SENATE certificates. This provision would be expected to increase Georgia revenues by improving compliance and enhancing audit efficiency and effectiveness. It is not possible to quantify the amount of improvement that would be expected. Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget Senator Jones of the 10th asked unanimous consent that he be excused from voting on HB 266 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jones was excused. The following communication was received by the Secretary: Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 Mr. Secretary, 3/1/13 I ask unanimous consent to be excused under rule 5-1.8(d) with regard to HB 266. /s/ Butch Miller D 49 The Senate Finance Committee offered the following substitute to HB 266: 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 FRIDAY, MARCH 1, 2013 961 of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to clarify that any tax credits earned for qualified research expenses under Code Section 48-7-40.12 in any taxable year beginning before January 1, 2012, and any carryforward attributable thereto, are governed by such Code section in effect for the taxable year in which the credit was earned; to change the definition of energy used in agriculture; to provide for dealers to elect between manufacturing and agricultural exemptions; to place a good faith standard on a seller regarding exemptions from taxation; to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental and leased motor vehicles; to provide for alternative state and local title ad valorem tax fee payments for motor vehicles that are directly financed by dealers of used motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for rental and leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales and leases; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 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, 2011 2012, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2012 January 3, 2013, 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 962 JOURNAL OF THE SENATE 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, shall be $250,000.00 for tax years beginning in 2012, and shall be $250,000.00 for tax years beginning in 2013, 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, shall be $800,000.00 for tax years beginning in 2012, and shall be $800,000.00 for tax years beginning in 2013, and provided that Section 1106 of federal Public Law 112-95 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2013)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2013),' and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95. 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, 2012 January 3, 2013, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986, as amended. For taxable years beginning on or after January 1, 2011 2012, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2012 January 3, 2013, 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 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and reports, as follows: "48-5C-1. (a) As used in this Code section, the term: (1) 'Dealer of used motor vehicles that directly finances the sale of a used motor vehicle' means a used car dealer that sells used motor vehicles under or subject to a retail installment contract and holds the retail installment contract or sells it to a related finance company and not to third party. (1)(2) 'Fair market value of the motor vehicle' means: (A) The For a used motor vehicle, the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner and based upon a nationally recognized motor vehicle industry pricing guide for fair market and wholesale mark values in determining the taxable value of a motor vehicle under Code Section 48-5-442, and, in the case of a used car FRIDAY, MARCH 1, 2013 963 dealer, less any reduction for the trade-in value of another motor vehicle; (B) For a used motor vehicle which is not so listed in such current motor vehicle ad valorem assessment manual, the value from the bill of sale or the value from a reputable used car market guide designated by the commissioner, whichever is greater, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; or (C) The fair market value determined by the state revenue commissioner from the bill of sale of a new motor vehicle for which there is no value under subparagraph (A) of this paragraph, less any rebate and before any reduction for the trade-in value of another motor vehicle. For a new motor vehicle, the greater of the retail selling price or, in the case of a lease of a new motor vehicle, the agreed upon value of the vehicle pursuant to the lease agreement or the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner in determining the taxable value of a motor vehicle under Code Section 48-5-442, less any reduction for the trade-in value of another motor vehicle and any rebate or any cash discounts provided by the selling dealer and taken at the time of sale. The retail selling price or agreed upon value shall include any charges for labor, freight, delivery, dealer fees, and similar charges and dealer add-ons and mark-ups, but shall not include any extended warranty or maintenance agreement itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately. (2)(3) 'Immediate family member' means spouse, parent, child, sibling, grandparent, or grandchild. (3)(4) 'Loaner vehicle' means a motor vehicle owned by a dealer which is withdrawn temporarily from dealer inventory for exclusive use as a courtesy vehicle loaned at no charge for a period not to exceed 30 days within a calendar year 366 day period to any one customer whose motor vehicle is being serviced by such dealer. (4)(5) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease, including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales and use taxes. (5)(6) 'Rental motor vehicle' means a motor vehicle designed to carry ten 15 or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver. (6)(7) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value. (7)(8) 'Trade-in value' means the value of the motor vehicle as stated in the bill of sale for a vehicle which has been traded in to the dealer in a transaction involving the purchase of another vehicle from the dealer. 964 JOURNAL OF THE SENATE (b)(1)(A) Except as otherwise provided in this subsection, any motor vehicle for which a title is issued in this state on or after March 1, 2013, shall be exempt from sales and use taxes to the extent provided under paragraph (92) (95) of Code Section 48-8-3 and shall not be subject to the ad valorem tax as otherwise required under Chapter 5 of Title 48 this title. Any such motor vehicle shall be titled as otherwise required under Title 40 but shall be subject to a state title fee and a local title fee which shall be alternative ad valorem taxes as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. Motor vehicles registered under the International Registration Plan shall not be subject to state and local title ad valorem tax fees but shall continue to be subject to apportioned ad valorem taxation under Article 10 of Chapter 5 of this title. (B)(i) As used in this subparagraph, the term: (I) 'Local base amount' means $1 billion. (II) 'Local current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle local ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the title ad valorem tax adjustments are required to be made under this subparagraph. (III) 'Local target collection amount' means an amount equal to the local base amount added to the product of 2 percent of the local base amount multiplied by the number of years since 2012 with a maximum amount of $1.2 billion. (IV) 'State base amount' means $535 million. (V) 'State current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle state ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the state and local title ad valorem tax rate is to be reviewed for adjustment under division (xiv) of this subparagraph. Notwithstanding the other provisions of this subdivision to the contrary, the term 'state current collection amount' for the 2014 calendar year for the purposes of the 2015 review under division (xiv) of this subparagraph shall be adjusted so that such amount is equal to the amount of motor vehicle state ad valorem tax proceeds that would have been collected under this Code section in 2014 if the combined state and local title ad valorem tax rate was 7 percent of the fair market value of the motor vehicle less any trade-in value plus the total amount of motor vehicle state ad valorem tax proceeds collected under Chapter 5 of this title during 2014. (VI) 'State target collection amount' means an amount equal to the state base amount added to the product of 2 percent of the state base amount multiplied by the number of years since 2012. (ii) The combined state and local title ad valorem tax shall be at a rate equal to: (I) For the period commencing March 1, 2013, through December 31, 2013, 6.5 FRIDAY, MARCH 1, 2013 965 percent of the fair market value of the motor vehicle less any trade-in-value; (II) For the 2014 tax year, 6.75 percent of the fair market value of the motor vehicle less any trade-in value; and (III) Except as provided in division (xiv) of this subparagraph, for the 2015 and subsequent tax years, 7 percent of the fair market value of the motor vehicle less any trade-in value. (iii) For the period commencing March 1, 2013, through December 31, 2013, the state title ad valorem tax shall be at a rate equal to 57 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 43 percent of the tax rate specified in division (ii) of this subparagraph. (iv) For the 2014 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (v) For the 2015 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (vi) For the 2016 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 53.5 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 46.5 percent of the tax rate specified in division (ii) of this subparagraph. (vii) For the 2017 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 44 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 56 percent of the tax rate specified in division (ii) of this subparagraph. (viii) For the 2018 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 40 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 60 percent of the tax rate specified in division (ii) of this subparagraph. (ix) For the 2019 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 36 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 64 percent of the tax rate specified in division (ii) of this subparagraph. (x) For the 2020 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 34 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 66 percent of the tax rate specified in 966 JOURNAL OF THE SENATE division (ii) of this subparagraph. (xi) For the 2021 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 30 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 70 percent of the tax rate specified in division (ii) of this subparagraph. (xii) For the 2022 and all subsequent tax years, except as otherwise provided in division (xiii) of this subparagraph for tax years 2022, 2023, and 2024 and except as otherwise provided in division (xiv) of this subparagraph for tax year 2023, the state title ad valorem tax shall be at a rate equal to 28 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 72 percent of the tax rate specified in division (ii) of this subparagraph. (xiii) Beginning in 2016, by not later than January 15 of each tax year through the 2022 tax year, the state revenue commissioner shall determine the local target collection amount and the local current collection amount for the preceding calendar year. If such local current collection amount is equal to or within 1 percent of the local target collection amount, then the state title ad valorem tax rate and the local title ad valorem tax rate for such tax year shall remain at the rate specified in this subparagraph for that year. If the local current collection amount is more than 1 percent greater than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be reduced automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be increased by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. If the local current collection amount is more than 1 percent less than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be reduced by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. In the event of an adjustment of such ad valorem tax rates, by not later than January 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted rate amounts. The effective date of such adjusted rate amounts shall be January 1 of such tax year. (xiv) In tax years 2015, 2018, and 2022, by not later than July 1 of each such tax year, the state revenue commissioner shall determine the state target collection FRIDAY, MARCH 1, 2013 967 amount and the state current collection amount for the preceding calendar year. If such state current collection amount is greater than, equal to, or within 1 percent of the state target collection amount after making the adjustment, if any, required in division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall remain at the rate specified in such division. If the state current collection amount is more than 1 percent less than the state target collection amount after making the adjustment, if any, required by division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the state current collection amount would have produced an amount equal to the state target collection amount, and the state title ad valorem tax rate and the local title ad valorem tax rate for the tax year in which such increase in the combined state and local title ad valorem tax rate shall become effective shall be adjusted from the rates specified in this subparagraph or division (xiii) of this subparagraph for such tax year such that the proceeds from such increase in the combined state and local title ad valorem tax rate shall be allocated in full to the state. In the event of an adjustment of the combined state and local title ad valorem tax rate, by not later than August 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted combined state and local title ad valorem tax rate for the next calendar year. The effective date of such adjusted combined state and local title ad valorem tax rate shall be January 1 of the next calendar year. Notwithstanding the provisions of this division, the combined state and local title ad valorem tax rate shall not exceed 9 percent. (xv) The state revenue commissioner shall promulgate such rules and regulations as may be necessary and appropriate to implement and administer this Code section, including, but not limited to, rules and regulations regarding appropriate public notification of any changes in rate amounts and the effective date of such changes and rules and regulations regarding appropriate enforcement and compliance procedures and methods for the implementation and operation of this Code section. (C) The application for title and the state and local title ad valorem tax fees provided for in subparagraph (A) of this paragraph shall be paid to the tag agent in the county in which the purchaser registers such motor vehicle where the motor vehicle is to be registered and shall be paid at the time the purchaser applies for a title and registers such motor vehicle the application for a certificate of title is submitted or, in the case of an electronic title transaction, at the time when the electronic title transaction is finalized. In an electronic title transaction, the state and local title ad valorem tax fees shall be remitted electronically directly to the county tag agent. A dealer of new or used motor vehicles may accept such application for title and state and local title ad valorem tax fees on behalf of the 968 JOURNAL OF THE SENATE purchaser of a new or used motor vehicle for the purpose of delivering submitting or, in the case of an electronic title application, finalizing such title application and remitting state and local title ad valorem tax fees to the county tag agent to obtain a tag and title for the purchaser of such motor vehicle. (D) There shall be a penalty imposed on any person who, in the determination of the commissioner, falsifies any information in any bill of sale used for purposes of determining the fair market value of the motor vehicle. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the commissioner. Such determination shall be made within 60 days of the commissioner receiving information of a possible violation of this paragraph. (E) Except in the case in which an extension of the registration period has been granted by the county tag agent under Code Section 40-2-20, a A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and does not transmit submit or, in the case of an electronic title transaction, finalize such application for title and remit such state and local title ad valorem tax fees to the county tag agent within 10 30 days following the date of purchase shall be liable to the county tag agent for an amount equal to 5 percent of the amount of such state and local title ad valorem tax fees. An additional penalty equal to 10 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 60 days following the date of purchase. An additional 5 percent penalty equal to 15 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 90 days following the date of purchase, and an additional penalty equal to 20 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 120 days following the date of purchase. An additional penalty equal to 25 percent of the amount of such state and local title ad valorem tax fees shall be imposed for each subsequent month 30 day period in which the payment is not transmitted. (F) A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and converts such fees to his or her own use shall be guilty of theft by conversion and, upon conviction, shall be punished as provided in Code Section 168-12. (G)(i) During the period from March 1, 2013, until June 30, 2013, a dealer of used motor vehicles that directly finances the sale of a used motor vehicle shall pay the full amount of the state and local title ad valorem tax fees due at the time of the sale of the motor vehicle. (ii) On and after July 1, 2013, a dealer of used motor vehicles that directly finances the sale of a used motor vehicle shall either pay the full amount of the state and local title ad valorem tax fees due at the time of the sale of the motor vehicle or may elect to register with the department and pay in accordance with FRIDAY, MARCH 1, 2013 969 division (iii) of this subparagraph. (iii) If a dealer of used motor vehicles under this subparagraph chooses to participate in the provisions of this division, such dealer shall register annually with the department and pay an administrative fee of $100.00. Used motor vehicles sold and directly financed by dealers who register and pay the administrative fee under this division shall be subject to a state and local title ad valorem tax fee at a rate equal to 2 percent less than the rate specified in division (b)(1)(B)(ii) of this Code section. (2) A person or entity acquiring a salvage title pursuant to subsection (b) of Code Section 40-3-36 shall not be subject to the fee specified in paragraph (1) of this subsection but shall be subject to a state title ad valorem tax fee in an amount equal to 1 percent of the fair market value of the motor vehicle. Such state title ad valorem tax fee shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (c)(1) The amount of proceeds collected by tag agents each month as state and local title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest pursuant to subsection (b) of this Code section shall be allocated and disbursed as provided in this subsection. (2) For the 2013 tax year and in each subsequent tax year, the amount of such funds shall be disbursed within 30 20 days following the end of each calendar month as follows: (A) State title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest shall be remitted to the state revenue commissioner who shall deposit such proceeds in the general fund of the state less an amount to be retained by the tag agent not to exceed 1 percent of the total amount otherwise required to be remitted under this subparagraph to defray the cost of administration. Such retained amount shall be remitted to the collecting county's general fund. Failure by the tag agent to disburse within such 30 20 day period shall result in a forfeiture of such administrative fee plus interest on such amount at the rate specified in Code Section 48-2-40; and (B) Local title ad valorem tax fees, administrative fees, penalties, and interest shall be designated as local government ad valorem tax funds. The tag agent shall then distribute the proceeds as specified in paragraph (3) of this subsection. (3) The local title ad valorem tax fee proceeds required under this subsection shall be distributed as follows: (A) The tag agent of the county shall within 30 20 days following the end of each calendar month allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county an amount of those proceeds necessary to offset any reduction in ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in the taxing jurisdiction of each governing authority and school district from the amount of ad valorem taxes on motor vehicles collected under Chapter 5 of Title 48 this title 970 JOURNAL OF THE SENATE in each such governing authority and school district during the same calendar month of 2012. This reduction shall be calculated by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in that taxing jurisdiction in the same calendar month of 2012. In the event that the local title ad valorem tax fee proceeds are insufficient to fully offset such reduction in ad valorem taxes on motor vehicles, the tag agent shall allocate a proportionate amount of the proceeds to each governing authority and to the board of education of each such school district, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; and (B) Of the proceeds remaining following the allocation and distribution under subparagraph (A) of this paragraph, the tag agent shall allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county the remaining amount of those proceeds in the manner provided in this subparagraph. Such proceeds shall be deposited in the general fund of such governing authority or board of education and shall not be subject to any use or expenditure requirements provided for under any of the following described local sales and use taxes but shall be authorized to be expended in the same manner as authorized for the ad valorem tax revenues on motor vehicles under Chapter 5 of Title 48 this title which would otherwise have been collected for such governing authority or board of education. Of such remaining proceeds: (i) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district and the board of education of each independent school district located in such county in the same manner as required for any local sales and use tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 this title currently in effect. If such tax is not currently in effect, such proceeds shall be distributed to such board or boards of education in the same manner as if such tax were in effect; (ii)(I) Except as otherwise provided in this division, an amount equal to onethird of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect. (II) If such tax were never in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire FRIDAY, MARCH 1, 2013 971 county. (III) If such tax is currently in effect as well as a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment, an amount equal to one-third of such proceeds shall be distributed in the same manner as required under subdivision (I) of this division and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district. (IV) If such tax is not currently in effect and a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment is currently in effect, such proceeds shall be distributed to the board of education of the county school district and the board of education of any independent school district in the same manner as required under that local constitutional amendment. (V) If such tax is not currently in effect and a homestead option sales and use tax under Article 2A of Chapter 8 of Title 48 this title is in effect, such proceeds shall be distributed to the governing authority of the county, each qualified municipality, and each existing municipality in the same proportion as otherwise required under Code Section 48-8-104; and (iii)(I) An amount equal to one-third of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under an intergovernmental agreement or as otherwise required under the county special purpose local option sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title currently in effect; provided, however, that this subdivision shall not apply if subdivision (III) of division (ii) of this subparagraph is applicable. (II) If such tax were in effect but expired and is not currently in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as if such tax were still in effect according to the intergovernmental agreement or as otherwise required under the county special purpose local sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title for the 12 month period commencing at the expiration of such tax. If such tax is not renewed prior to the expiration of such 12 month period, such amount shall be distributed in accordance with subdivision (I) of division (ii) of this subparagraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 this title is not in effect, such amount shall be distributed in accordance with subdivision (II) of division (ii) of this subparagraph. (III) If such tax is not currently in effect in a county in which a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional 972 JOURNAL OF THE SENATE amendment, such proceeds shall be distributed to the governing body of the authority created by local Act to operate such metropolitan area system of public transportation. (IV) If such tax were never in effect, such proceeds shall be distributed in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect; provided, however, that if such tax under such article is not in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (d)(1)(A) Upon the death of an owner of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the death of an owner of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (2)(A) Upon the transfer from an immediate family member of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members who receive such motor vehicle shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. FRIDAY, MARCH 1, 2013 973 (B) Upon the transfer from an immediate family member of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member who receives such motor vehicle shall transfer title of such motor vehicle to such recipient family member and shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (C) Any title transfer under this paragraph shall be accompanied by an affidavit of the transferor and transferee that such persons are immediate family members to one another. There shall be a penalty imposed on any person who, in the determination of the state revenue commissioner, falsifies any material information in such affidavit. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the state revenue commissioner. Such determination shall be made within 60 days of the state revenue commissioner receiving information of a possible violation of this paragraph. (3) Any individual who: (A) Is required by law to register a motor vehicle or motor vehicles in this state which were registered in the state in which such person formerly resided; and (B) Is required to file an application for a certificate of title under Code Section 403-21 or 40-3-32 shall only be required to pay state and local title ad valorem tax fees in the amount of 50 percent of the amount which would otherwise be due and payable under this subsection at the time of filing the application for a certificate of title, and the remaining 50 percent shall be paid within 12 months. (4) The state and local title ad valorem tax fees provided for under this Code section shall not apply to corrected titles, replacement titles under Code Section 40-3-31, or titles reissued to the same owner pursuant to Code Sections 40-3-50 through 40-3-56. (5) Any motor vehicle subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section shall continue to be subject to the title, license plate, revalidation decal, and registration requirements and applicable fees as otherwise provided in Title 40 in the same manner as motor vehicles which are not subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (6) Motor vehicles owned or leased by or to the state or any county, consolidated government, municipality, county or independent school district, or other government entity in this state shall not be subject to the state and local title ad valorem tax fees provided for under paragraph (1) of subsection (b) of this Code section; provided, however, that such other government entity shall not qualify for the exclusion under this paragraph unless it is exempt from ad valorem tax and sales and use tax pursuant to general law. 974 JOURNAL OF THE SENATE (7)(A) Any motor vehicle which is exempt from sales and use tax pursuant to paragraph (30) of Code Section 48-8-3 shall be exempt from state and local title ad valorem tax fees under this subsection. (B) Any motor vehicle which is exempt from ad valorem taxation pursuant to Code Section 48-5-478, 48-5-478.1, 48-5-478.2, or 48-5-478.3 shall be exempt from state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (8) There shall be a penalty imposed on the transfer of all or any part of the interest in a business entity that includes primarily as an asset of such business entity one or more motor vehicles, when, in the determination of the state revenue commissioner, such transfer is done to evade the payment of state and local title ad valorem tax fees under this subsection. Such penalty shall not exceed $2,500.00 as a state penalty per motor vehicle and shall not exceed $2,500.00 as a local penalty per motor vehicle, as determined by the state revenue commissioner, plus the amount of the state and local title ad valorem tax fees. Such determination shall be made within 60 days of the state revenue commissioner receiving information that a transfer may be in violation of this paragraph. (9) Any owner of any motor vehicle who fails to submit within 30 days of the date such owner is required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees required under this Code section, plus and, if such state and local title ad valorem tax fees and the penalty are not paid within 60 days following the date such owner is required by law to register such vehicle, interest at the rate of 1.0 percent per month shall be imposed on the state and local title ad valorem tax fees due under this Code section, unless a temporary permit has been issued by the tax commissioner. The tax commissioner shall grant a temporary permit in the event the failure to timely apply for a first certificate of title is due to the failure of a lienholder to comply with Code Section 40-3-56, regarding release of a security interest or lien, and no penalty or interest shall be assessed. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-3-21 or 40-3-32, as applicable. A new or used motor vehicle dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under this paragraph and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of this paragraph. (10) The owner of any motor vehicle purchased in this state for which a title was issued in this state on or after January 1, 2012, and prior to March 1, 2013, shall be authorized to opt in to the provisions of this subsection at any time prior to January 1 February 28, 2014, upon compliance with the following requirements: (A)(i) The total amount of Georgia state and local title ad valorem tax fees which would be due from March 1, 2013, to December 31, 2013, if such vehicle had been titled in 2013 shall be determined; and FRIDAY, MARCH 1, 2013 975 (ii) The total amount of Georgia state and local sales and use tax and Georgia state and local ad valorem tax under Chapter 5 of Title 48 this title which were due and paid in 2012 for that motor vehicle and, if applicable, the total amount of such taxes which were due and paid for that motor vehicle in 2013 and 2014 shall be determined; and (B)(i) If the amount derived under division (i) of subparagraph (A) of this paragraph is greater than the amount derived under division (ii) subparagraph (A) of this paragraph, the owner shall remit the difference to the tag agent. Such remittance shall be deemed local title ad valorem tax fee proceeds; or (ii) If the amount derived under division (i) of subparagraph (A) of this paragraph is less than the amount derived under division (ii) of subparagraph (A) of this paragraph, no additional amount shall be due and payable by the owner. Upon certification by the tag agent of compliance with the requirements of this paragraph, such motor vehicle shall not be subject to ad valorem tax as otherwise required under Chapter 5 of Title 48 this title in the same manner as otherwise provided in paragraph (1) of subsection (b) of this Code section. (11)(A) In the case of rental motor vehicles owned by a rental motor vehicle concern, the state title ad valorem tax fee shall be in an amount equal to .75 .625 percent of the fair market value of the motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .75 .625 percent of the fair market value of the motor vehicle, but only if in the immediately prior calendar year the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was at least $400.00 as certified by the state revenue commissioner. If, in the immediately prior calendar year, the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was not at least $400.00, this paragraph shall not apply and such vehicles shall be subject to the state and local title ad valorem tax fees prescribed in division (b)(1)(B)(ii) of this Code section. (B) Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (12) A loaner vehicle shall not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section for a period of time not to exceed six months in a calendar year 366 days commencing on the date such loaner vehicle is withdrawn temporarily from inventory. Immediately upon the expiration of such six-month 366 day period, if the dealer does not return the loaner vehicle to inventory for resale, the dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under paragraph (9) of this subsection and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of paragraph (9) of this subsection. (13) Any motor vehicle which is donated to a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code for the purpose of being transferred to another person shall, when titled in the name of such nonprofit 976 JOURNAL OF THE SENATE organization, not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section but shall be subject to state and local title ad valorem tax fees otherwise applicable to salvage titles under paragraph (2) of subsection (b) of this Code section. (14)(A) A lessor of motor vehicles that leases motor vehicles for more than 31 consecutive days to lessees residing in this state shall register with the department. The department shall collect an annual fee of $100.00 for such registrations. Failure of a lessor to register under this subparagraph shall subject such lessor to a civil penalty of $2,500.00. (B) A lessee residing in this state who leases a motor vehicle under this paragraph shall register such motor vehicle with the tag agent in such lessee's county of residence within 30 days of the commencement of the lease of such motor vehicle or beginning residence in this state, whichever is later. (C) A lessor that leases a motor vehicle under this paragraph to a lessee residing in this state shall apply for a certificate of title in this state within 30 days of the commencement of the lease of such motor vehicle. (15) There shall be no liability for any additional state or local title ad valorem tax fees in any of the following title transactions: (A) The addition or substitution of lienholders on a motor vehicle title so long as the owner of the motor vehicle remains the same; (B) The acquisition of a bonded title by a person or entity pursuant to Code Section 40-3-28 if the title is to be issued in the name of such person or entity; (C) The acquisition of a title to a motor vehicle by a person or entity as a result of the foreclosure of a mechanic's lien pursuant to Code Section 40-3-54 if such title is to be issued in the name of such lienholder; (D) The acquisition of a title to an abandoned motor vehicle by a person or entity pursuant to Chapter 11 of this title if such person or entity is a manufacturer or dealer of motor vehicles and the title is to be issued in the name of such person or entity; (E) The obtaining of a title to a stolen motor vehicle by a person or entity pursuant to Code Section 40-3-43; (F) The obtaining of a title by and in the name of a motor vehicle manufacturer, licensed distributor, licensed dealer, or licensed rebuilder for the purpose of sale or resale or to obtain a corrected title, provided that the manufacturer, distributor, dealer, or rebuilder shall submit an affidavit in a form promulgated by the commissioner attesting that the transfer of title is for the purpose of accomplishing a sale or resale or to correct a title only; (G) The obtaining of a title by and in the name of the holder of a security interest when a motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11 if such title is to be issued in the name of such security interest holder; (H) The obtaining of a title by a person or entity for purposes of correcting a title, changing an odometer reading, or removing an odometer discrepancy legend, FRIDAY, MARCH 1, 2013 977 provided that, subject to subparagraph (F) of this paragraph, title is not being transferred to another person or entity; and (I) The obtaining of a title by a person who pays state and local title ad valorem tax fees on a motor vehicle and subsequently moves out of this state but returns and applies to retitle such vehicle in this state. (16) It shall be unlawful for a person to fail to obtain a title for and register a motor vehicle in accordance with the provisions of this chapter. Any person who knowingly and willfully fails to obtain a title for or register a motor vehicle in accordance with the provisions of this chapter shall be guilty of a misdemeanor. (17) Any person who purchases a 1963 through 1985 model year motor vehicle for which such person obtains a title shall be subject to this Code section, but the state title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle. (e) The fair market value of any motor vehicle subject to this Code section shall be appealable in the same manner as otherwise authorized for a motor vehicle subject to ad valorem taxation under Code Section 48-5-450; provided, however, that the person appealing the fair market value shall first pay the full amount of the state and local title ad valorem tax prior to filing any appeal. If the appeal is successful, the amount of the tax owed shall be recalculated and, if the amount paid by the person appealing the determination of fair market value is greater than the recalculated tax owed, the person shall be promptly given a refund of the difference. (f) Beginning in 2014, on or before January 31 of each year, the department shall provide a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee showing the state and local title ad valorem tax fee revenues collected pursuant to this chapter and the motor vehicle ad valorem tax proceeds collected pursuant to Chapter 5 of this title during the preceding calendar year." SECTION 3. Said title is further amended by revising Code Section 48-7-40.12, relating to tax credits for qualified research expenses, by adding a new subsection to read as follows: "(f) Any credit earned under this Code section in any taxable year beginning before January 1, 2012, and any credit carryforward attributable thereto, shall be governed by this Code section as in effect for the taxable year in which such credit was earned, including, but not limited to, when determining whether such credit or any credit carryforward may be taken as a credit against the taxpayer's quarterly or monthly payments under Code Section 48-7-103." SECTION 4. Said title is further amended by revising paragraph (95) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows: "(95) The sale or purchase of any motor vehicle titled in this state on or after March 978 JOURNAL OF THE SENATE 1, 2013, pursuant to Code Section 48-5C-1. This Except as otherwise provided in this paragraph, this exemption shall not apply to leases or rentals of motor vehicles for periods of 31 or fewer consecutive days or to those sales and use taxes collected pursuant to subsection (d) of Code Section 48-8-241. Lease payments for a motor vehicle that is leased for more than 31 consecutive days for which a state and local title ad valorem tax is paid shall be exempt from sales and use taxes as provided for in this paragraph. No sales and use taxes shall be imposed upon state and local title ad valorem tax fees imposed pursuant to Chapter 5C of this title as a part of the purchase price of a motor vehicle or any portion of a lease or rental payment that is attributable to payment of state and local title ad valorem tax fees under Chapter 5C of this title." SECTION 5. Said title is further amended by revising paragraph (4) of subsection (a) and adding a new subsection to Code Section 48-8-3.3, relating to an exemption from state sales and use taxes for certain agricultural inputs and machinery, to read as follows: "(4) 'Energy used in agriculture' means fuels used for agricultural purposes, including, but purposes, other than fuels subject to prepaid state tax as defined in Code Section 48-8-2. The term includes, but is not limited to, off-road diesel, propane, butane, electricity, natural gas, wood, wood products, or wood by-products; liquefied petroleum gas or other fuel used in structures in which broilers, pullets, or other poultry are raised, in which swine are raised, in which dairy animals are raised or milked or where dairy products are stored on a farm, in which agricultural products are stored, and in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of agricultural products; and electricity or other fuel used in the drying, cooking, or further processing of raw agricultural products, including, but not limited to, food processing of raw agricultural products." "(f) A dealer that performs both manufacturing and agricultural operations at a single place of business may avail itself of the exemptions under either Code Section 48-8-3.2 or this Code section, but not both, for that place of business in any one calendar year." SECTION 6. Said title is further amended by revising Code Section 48-8-38, relating to the burden of proof on the seller as to taxability, as follows: "48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is shall be upon the person who makes the sale unless such person, in good faith, takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise tax exempt. (b) The certificate relieves the seller from the burden of proof as provided in FRIDAY, MARCH 1, 2013 979 subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate taken in good faith. A properly completed certificate taken in good faith means a seller shall obtain a certificate: (1) That is fully completed, including, but not limited to, the name, address, sales tax number, and signature of the taxpayer when required; (2) In a form appropriate for the type of exemption claimed; (3) Claiming an exemption that was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (4) Claiming an exemption that could be applicable to the item being purchased; and (5) Claiming an exemption that is reasonable for the purchaser's type of business. (c) The certificate relieves the seller from the burden of proof on sales for resale as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate, taken in good faith, from a purchaser who: (1) Is engaged in the business of selling tangible personal property; (2) Has a valid sales tax registration number at the time of purchase and has listed his or her sales tax number on the certificate; and (3) At the time of purchasing the tangible personal property, the seller has no reason to believe that the purchaser does not intend to resell it in his or her regular course of business. (c)(d) The certificate shall include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (d) A purchaser claiming an exemption electronically shall use the standard form as adopted by the Streamlined Sales Tax Governing Board. (e) A seller shall obtain the same information for proof of a claimed exemption regardless of the medium in which the transaction occurred. (f) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a fully completed exemption certificate approved by the Streamlined Sales Tax Governing Board, the department, or the Multistate Tax Commission or captures the relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale. If the seller has not obtained a fully completed exemption certificate or all relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale, the department shall provide the seller with 120 days subsequent to a request for substantiation to either: (1) Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtain a certificate that claims an exemption that: (A) Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (B) Could be applicable to the item being purchased; and (C) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that the transaction was not subject to the tax. (g) The department shall relieve a seller of the tax otherwise applicable if the seller 980 JOURNAL OF THE SENATE obtains a blanket exemption certificate from a purchaser with which the seller has a recurring business relationship." SECTION 7. (a) This section and Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 1 shall be applicable to all taxable years beginning on or after January 1, 2012, except the provisions in Section 1 relating to Section 1106 of federal Public Law 112-95 shall also apply to taxable years beginning before January 1, 2012. (b) Section 3 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. (c) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The 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 GREG S. GRIFFIN State Auditor (404) 656-2174 February 28, 2013 Honorable Casey Cagle, Lieutenant Governor Honorable Judson Hill, Chairman, Senate Finance Committee State Capitol Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 266 Substitute (LC 28 6655S) FRIDAY, MARCH 1, 2013 981 Dear Lieutenant Governor Cagle and Chairman Hill: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: Section 1 of this legislation amends the tax code of Georgia to incorporate the 2012 and early 2013 changes to the federal income tax code. During this time, three Federal tax bills with consequences to state revenues were signed into law. These bills include the American Taxpayer Relief Act of 2012 (ATRA), the FAA Air Transportation Modernization and Safety Improvement Act, and the Moving Ahead for Progress in the 21st Century Act. Section 1 incorporates all of the federal tax changes of the above mentioned legislation that have been adopted in the past into the Georgia tax code with the following three exceptions which have never been adopted. First, ATRA increases the maximum allowable deduction for section 179 property to $500,000 and increases the phase-out threshold to $2,000,000. Second, ATRA also expands the definition of section 179 property to include qualified real property for tax years beginning in 2012 and 2013. Lastly, ATRA extends and modifies the placed-in-service dates for certain property associated with the bonus depreciation deduction. This legislation also extends the option to forego bonus depreciation deductions for credits and extends for 2013 the additional first year auto depreciation of $8,000. By not conforming to the Section 179 provision included in ATRA, the maximum deduction for Georgia tax purposes for this deduction becomes $139,000 with a phaseout threshold of $560,000 for 2012 and $25,000 with a phase-out threshold of $200,000 in 2013. As an alternative, this legislation provides that the maximum deduction for purposes of Georgia taxable income is equal to $250,000 for 2012 and 2013 with a phaseout threshold of $800,000. The revenue effect of adopting all federal provisions is shown in Table 1. In addition, the costs associated with each of the federal provisions not included in this legislation are shown, as is the estimate for the special Section 179 provision for 2013. The value of the exclusions are subtracted from the cost of adopting all provisions and the value of the special Section 179 provision is added to the total to determine the combined net effect of the provisions included in Section 1 of this legislation. Section 2 of this legislation modifies the existing title fee legislation contained in 2012 House Bill 386 (HB 386) in several ways. First, the legislation provides that in the case of new vehicles, the title fee will be levied on the greater of retail selling price, including charges for labor, freight, delivery and similar charges, and dealer add-ons and markups, and excluding any rebate, reduction in value for the trade-in value of another motor vehicle, any extended warranty or maintenance agreement, finance, insurance, and 982 JOURNAL OF THE SENATE interest charges for deferred payments billed separately, and any cash discounts provided by the selling dealer and taken at the time of sale or the average of the current fair market value and the current wholesale value as determined by the Georgia Department of Revenue (GDOR). The law, as currently written, levies the title fee on the book value of the motor vehicle as determined by GDOR. No change would be made to the application of the title fee in the case of used vehicles. This provision would increase title fee revenue compared to existing law. The revenue estimates assume an effective date of March 1, 2013. At this time, the date of enactment is uncertain. FY2013 estimates could be subject to change if the date of enactment is after March 1, 2013. Based on invoice information provided by automobile dealers, the invoice value was about $3,800 higher per vehicle than the book value. Because vehicle sales can vary so much between transactions and to provide a range of estimates, three scenarios have been assumed for this difference between the book value used under current law and the invoice value that would be used under the proposed law. The less conservative scenario uses a value of $3,800 per new transaction. The moderate scenario uses a value of $3,000 per new transaction and the more conservative scenario assumes a value of $2,500 per new transaction. In this fiscal note, only the estimates for the conservative scenario are presented. It is unclear when the Department of Revenue will be able to modify its information systems to directly implement this provision. In the interim, it will be necessary to manually override the book value in processing title fee transactions. The estimate for this provision does not account for any potential non-compliance due to difficulties in performing such overrides. A second modification alters the title fee rate on qualified rental cars. Current law specifies a 1.5% title fee rate with revenues split equally between state and local governments. This bill would change that combined state and local rate to 1.25% and maintain the equal revenue sharing between state and local governments. This provision will result in a revenue loss to the state. Third, this bill eliminates the use tax on leased vehicles; this applies only to vehicles leased on or after the date of enactment. This provision would reduce state revenues. Fourth, this bill modifies the treatment of vehicles purchased in buy here-pay here transactions. Under HB 386, the title fee levied on vehicles purchased through this type of transaction was the same rate as the standard title fee, i.e., 6.5% in CY2013, 6.75% in CY2014, and 7% in other years. This legislation allows for a reduced title fee on these transactions. The rate would be 4.5% for vehicles purchased in CY2013, 4.75% for CY2014, and 5% in other years. As this legislation is currently written, the Department would have no method of identifying which transactions would be eligible for the lower rate. Therefore, the revenue estimate for this provision now assumes that all dealer purchased used vehicles could be subject to the lower title fee rate. Previous fiscal notes FRIDAY, MARCH 1, 2013 983 addressing this provision were based on the assumption that the lower rate would be applied only to actual BHPH deals. This provision would be effective for transactions occurring on or after July 1, 2013. Lastly, the bill changes the timing for counties to remit payments to the Department of Revenue. Current law specifies that the county has 30 days after the end of the month to remit; this bill reduces this time to 20 days. This provision has no revenue impact. Five administrative / timing adjustments are included in the revenue calculations to reflect potential changes to revenue impacts compared to the original fiscal note for HB 386. First, the fiscal note assumed that title fees paid in June would be recognized for revenue purposes in the current fiscal year. This meant that four months of title fee revenue would be received in FY 2013. Since local tax commissioners are not obligated to remit the funds to the state until July, it is possible that these revenues would not be recognized until the following fiscal year. This would reduce the expected title fee revenue in FY 2013 by one month of title fee revenue or $59 million. Second is the potential for one additional month of sales tax revenue. The original estimate for the title fee legislation (i.e., HB 386) did not account for the one month delay in remitting the sales tax to state government and consequently overstated the revenue loss associated with eliminating the sales tax. Because of the delay in remitting taxes to the state, the state will continue to receive one month of sales tax revenue after the implementation of the title fee legislation. This sales tax revenue will correspond to February vehicle sales. This is estimated at $43 million and partially offsets the loss from the one month of title fee revenue. The third adjustment relates to the sales tax remitted by dealers involved in ongoing buy here/pay here deals (BHPH). Under the current motor vehicle tax system, the total sales tax is not paid at the time of purchase in the case of BHPH deals. Instead, the purchaser makes monthly payments to the dealer and the dealer remits a portion of this payment to the state as sales tax. In the original sales tax estimate associated with HB 386, it was assumed that all dealer sales tax remittances relating to vehicle purchases would be eliminated after February 28, 2013. This assumption overstates the sales tax loss associated with HB 386 by $7 million in FY2013, $11 million in FY2014, and $4 million in FY2015. This is because the monthly sales tax associated with BHPH vehicles purchased prior to February 28, 2013 would continue to be remitted to the state. These remittances are expected to continue until the terms of the BHPH deals are complete, which is assumed to occur during FY2015. The fourth timing adjustment concerns the adjustment for the delay in implementing the title fee legislation. To produce the final revenue estimates for the title fee legislation in HB 386, the original FY2013 revenue estimates of the change associated with the sales tax, property tax, and title fee were used assuming an effective date of January 1, 2013, and each revenue stream was reduced by 25 percent. But since the original estimate from HB 386 was for only the last 6 months of FY2013, a 25 percent reduction of revenue accounts only for about a one and one-half month delay and not the full 2 month delay. Thus, the estimated revenue from title fees are too high as is the estimated revenue loss from sales tax. The $8 million revenue loss 984 JOURNAL OF THE SENATE represents the additional adjustment to correctly account for the delay in implementing the title fee legislation. The fifth timing adjustment concerns the bill's modification of the time by which dealers must remit to the county government any title fee collected after a sale. Current law allows the dealer 10 days in which to remit the tax and imposes a penalty equal to 5% of the title fee. This modification would allow the dealer 30 days in which to remit the title fee instead of 10 days. This provision would be effective for transactions occurring on or after March 1, 2013 and is estimated to result in a state revenue loss of $24 million in FY2013. Discussion regarding the time for dealers to pay the title fee have indicated that, in many cases, it is not practical for dealers to finalize a transaction and pay the title fee within 10 days. The original fiscal estimates from HB 386 did not factor in any revenue delay from dealers' inability to meet the 10 day standard. It has become clear that the original revenue estimates from HB 386 are too high because they did not account for the timing of dealer payment. In the fiscal note for House Bill 80 (LC 28 6462) dated January 29, 2013, the estimate assumed that the revenue impact would appear in July 2013 when the allowed time for dealers to remit payment is changed to 30 days. However, additional industry input indicates that standard business practices make it impractical, regardless of the penalties imposed, for dealers to meet the initial 10 day requirement for a large portion of their sales transactions. This 10 day requirement is specified in current law and that would be continued through July 1 under this bill. Thus, the revenue loss due to dealer payments being delayed beyond the 10 day period is now assumed to occur upfront in March 2013. Furthermore, the fiscal estimates of HB 386 and this legislation do not account for other timing effects, in particular any potential strategic gaming of the revised tax structure. For example, the start-up of the new structure could lead some buyers to defer car purchases from dealers until the title fee structure is in place in March. Similarly, casual sales may increase prior to February in order to avoid the up-front title fee that would be imposed starting March 1. These types of responses can be significant but near impossible to estimate when new taxes or fees are applied to economic activities that were previously not subject to tax or fee. Table 2 details the estimates of the revenue change for each of the first four revenue provisions described earlier. These estimates assume the title fee rates and revenue shares between state and local governments that are specified in HB 386. The impact of the combined administrative / timing adjustments is also included. Section 3 of this legislation clarifies existing law regarding the R&D credit under O.C.C.A 48-7-40.12 and, thus, has no fiscal impact on state revenues. However, based on their different interpretation of the 2012 House Bill 868 amendments to such code section which for the first time allowed all taxpayers earning the credit to take them against employee tax withholding multiple taxpayers are seeking to offset employee withholding liabilities with credit carryforwards from tax years before 2012; DOR has FRIDAY, MARCH 1, 2013 985 indicated those claims total at least $100m. The proposed legislation is effective for tax years beginning on or after January 1, 2012, and if enacted it will make clear that the tax treatment sought by these taxpayers and others who might be similarly situated is not permitted. Section 5 clarifies the exemption from sales tax for agricultural inputs. This section clarifies that energy used for agricultural purposes does not include fuels subject to the prepaid state tax. In addition, this section provides that a dealer that performs both agricultural and manufacturing operations at the same location may avail itself of either the manufacturing related exemptions or the agricultural related exemptions established in 2012 House Bill 386 but not both in any calendar year. These provisions make clear the intent of 2012 House Bill 386. As such, these provisions are not expected to have any revenue impact relative to the expected revenue changes at the time of passage. Section 6 alters the burden of proof on dealers in certain sales. Under current law, the burden of proving that a sale of tangible personal property is not a sale at retail shall be upon the person who makes the sale unless such person takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise exempt. This section provides that the person must accept the certificate in good faith and then specifies conditions necessary to qualify as good faith. These conditions are designed to improve compliance with the specific exemptions allowed under Georgia law and provide a means for the Department of Revenue to audit dealers who accept such certificates. This provision would be expected to increase Georgia revenues by improving compliance and enhancing audit efficiency and effectiveness. It is not possible to quantify the amount of improvement that would be expected. Table 3 provides the combined effect on state revenues from these provisions. Table 1 Revenue Effect of adopting all federal provisions Less Exceptions Section 179 provision Section 179 qualified real property provision Bonus depreciation, etc. provision 2013 Fiscal Years/$ in Millions 2014 2015 2016 2017 -110.6 -351.8 21.7 112.1 69.6 -9.9 -34.5 1.3 10.3 7.3 -7.6 -26.6 1.0 7.9 5.6 -73.8 -252.5 21.8 89.3 63.5 Total 20132017 -259.0 -25.5 -19.6 -151.7 Revenue Effect of adopting all federal -19.4 -38.2 -2.3 provisions less the exception provisions 4.6 -6.7 -62.1 Revenue Effect of Special Georgia modification - Increase Section 179 max. deduction to $250,000 in 2012 and 2013 -6.6 -23.1 0.9 6.9 4.9 -17.1 986 JOURNAL OF THE SENATE Net Impact of Section 1 of HB 266 on -26.0 -61.3 -1.4 11.5 -1.8 State Revenues -79.2 Table 2 Modifications to Title Fee Legislation in HB 266 (LC 28 6655S) $ in Millions/State Fiscal Years 2013 2014 2015 2016 STATE REVENUE EFFECT Use Sale Price for New cars, eff. 3/01/2013 - More Conservative Assumption 11 45 46 46 ($2,500) Reduced rate on rental vehicles, -1 -4 -4 -4 effective 3/01/2013 Modify treatment of BHPH 0 -37 -38 -40 transactions, 7/1/2013 Eliminate Use Tax on Leases, eff. -2 -12 -20 -28 3/01/2013* Sub-total Legislative provisions More Conservative 8 -8 -17 -26 Assumption 2017 Total 2013-2017 42 190 -4 -18 -37 -151 -33 -96 -32 -74 Administrative Timing provisions -41 11 4 0 0 -25 Total Net Effect of Modifications - -32 3 -12 -26 -32 -99 State, More Conservative Assumption *Estimate uses 12.6% assumption for leased vehicles. Table 3 Combined Revenue Effect 2013 $ in Millions/State Fiscal Years 2014 2015 2016 2017 Total 2013-2017 Title Fee Modifications -32 3 -12 -26 -32 -99 Federal Update Bill -26 -61 -1 11 -2 -79 Net State Revenue Effect -58 -58 -14 -14 -34 -179 Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget FRIDAY, MARCH 1, 2013 987 The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport E Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L James Y Jeffares Y Jones, B E Jones, E Y Ligon N Loudermilk N Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C Thompson, S N Tippins Y Tolleson Y Unterman Wilkinson Y Williams On the passage of the bill, the yeas were 41, nays 7. HB 266, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th moved that HB 266 be immediately transmitted to the House. On the motion, there was no objection, and HB 266 was immediately transmitted. The following communications were received by the Secretary: Committees: Senator John Wilkinson Agriculture and Consumer Affairs District 50 Education and Youth 321-B Coverdell Legislative Office Building Appropriations Atlanta, GA 30334 Government Oversight The State Senate Atlanta, Georgia 30334 988 JOURNAL OF THE SENATE 3/1/13 Bob Ewing Secretary Georgia State Senate Atlanta, GA 30334 Dear Mr. Ewing, I would like my vote recorded as a yes on HB 266. Thank you. Sincerely, /s/ John Wilkinson Committees: Senator Barry Loudermilk Science and Technology District 14 Public Safety 324-A Coverdell Legislative Office Building Veterans, Military and Homeland Security Atlanta, GA 30334 Transportation The State Senate Atlanta, Georgia 30334 March 4, 2013 Secretary of the Senate 353 State Capitol Atlanta, GA 30334 RE: Journal Entry Day 26 Dear Mr. Secretary, House Bill 266, as presented to the State Senate, combined two finance bills that independently passed the House of Representatives (HB 266 and HB 80). While I do support several of the provisions included in the combined House Bill 266, there are several issues which caused me to vote in the negative on the overall provision. First, there was not a fiscal note included with House Bill 80 when it passed the House of Representatives, nor when it was before the Senate Finance Committee. FRIDAY, MARCH 1, 2013 989 Second, in considering the original intention of the "Single Subject" requirement, the combining of House Bill 80 and House Bill 266, in my opinion, are relating to two separate subjects matters and should be in separate bills. Third, substantive changes were made to the formula used to establish the title fee for used cars purchased from a dealer; however, the fiscal note provided to the Senate just hours before the bill was called for a vote, did not include the fiscal impact of these changes; though these changes are an estimated increase on Georgia taxpayers and consumers of over $190 million. While I supported many of the provisions in HB 266; due to the overall increase in the cost to Georgia taxpayers and consumers and due to the issues listed above, I voted "nay" on the passage of House Bill 266. Sincerely, /s/ Barry Loudermilk State Senator, District 14 Senator Mullis of the 53rd recognized and commended Mr. John G. R. Bankhead, the GBI's Director of Public Affairs, based upon his contributions to the law enforcement profession in Georgia, commended by SR 347, adopted previously. Mr. John G. R. Bankhead addressed the Senate briefly. Senator Jones of the 25th recognized and commended the State YMCA of Georgia's Center for Civic Engagement, commended by SR 373, adopted previously. Youth Governor Ellen Wilson addressed the Senate briefly. The following resolutions were read and adopted: SR 417. By Senators Hill of the 4th, Stone of the 23rd, Ligon, Jr. of the 3rd, Carter of the 1st, Staton of the 18th and others: A RESOLUTION commending the Georgia Southern University ROTC Program's 2013 Ranger Challenge Team on their victory at the Regional Ranger Challenge competition; and for other purposes. SR 419. By Senators Mullis of the 53rd, Shafer of the 48th, Chance of the 16th, Henson of the 41st, Tate of the 38th and others: A RESOLUTION commending Chipper Jones and recognizing March 5, 2013, as Chipper Jones Day at the capitol; and for other purposes. 990 JOURNAL OF THE SENATE SR 421. By Senators Henson of the 41st, Tate of the 38th, Miller of the 49th, Bethel of the 54th, Butler of the 55th and others: A RESOLUTION commending the Georgia based American Association of Adapted Sports Programs, the Georgia High School Association, and their collective school system members for their national leadership in the area of standardized adapted athletics for students with disabilities; and for other purposes. SR 422. By Senator Hill of the 6th: A RESOLUTION recognizing and commending The Church of The Apostles on 26 years of service in ministry; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Harper of the 7th Sims of the 12th The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday March 1, 2013 Twenty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 340 Harper of the 7th CITY OF ENIGMA A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Enigma, approved April 9, 1993 (Ga. L. 1993, p. 5205), so as to provide for four-year terms for the mayor and city council; 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: FRIDAY, MARCH 1, 2013 991 SB 201 Gooch of the 51st WHITE COUNTY A BILL to be entitled an Act to provide a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, excluding certain retirement income, does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer E Sims Y Staton Y Stone 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 47, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. 992 JOURNAL OF THE SENATE At 11:15 a.m. the President announced that the Senate would stand at ease until 11:30 a.m. At 11:30 a.m. the President called the Senate to order. SENATE RULES CALENDAR FRIDAY, MARCH 1, 2013 TWENTY-SEVENTH LEGISLATIVE DAY HB 266 Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate (Substitute)(FIN-9th) Peake-141st SB 136 "Kyle Glover Boat Education Law" and "Jake and Griffin BUI Law"; provide for greater public protection for hunting and boating (Substitute) (NR&E-49th) SB 122 Drivers' Licenses; authorize the issuance of a temporary driving permit; noncitizen applicant whose license has expired; filed extension (Substitute) (PUB SAF-6th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 136. By Senators Miller of the 49th, Unterman of the 45th, Murphy of the 27th, Sims of the 12th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Title 27 and Chapter 7 of Title 52 of the O.C.G.A., relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 136: A BILL TO BE ENTITLED AN ACT To amend Title 27 and Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to game and fish and to registration, operation, and sale of watercraft, FRIDAY, MARCH 1, 2013 993 respectively, so as to provide greater public protection for hunting and boating; to harmonize provisions relating to hunting, boating, and driving under the influence of alcohol, toxic vapors, or drugs; to provide for short titles; to change provisions relating to rules and regulations used to establish criminal violations for hunting; to change provisions relating to hunting under the influence; to change provisions relating to required equipment for children on vessels and lighting; to change provisions relating to operating vessels and personal watercraft; to change provisions relating to operation of watercraft and operating watercraft while under the influence of alcohol, toxic vapors, or drugs; to change provisions relating to ordering drug or alcohol testing; to change provisions relating to suspension of an operator's privilege to operate a vessel in this state; to change provisions relating to boating education courses in this state; to change provisions relating to rules and regulations used to establish criminal violations for registration, operation, and sale of watercraft and displaying watercraft information; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Sections 5, 6, and 11 of this Act shall be known and may be cited as the "Kile Glover Boat Education Law," and Sections 8, 9, and 10 of this Act shall be known and may be cited as the "Jake and Griffin Prince BUI Law." SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, as follows: "27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013." SECTION 3. Said title is further amended in Code Section 27-3-7, relating to hunting under the influence of alcohol or drugs, by revising paragraph (4) of subsection (b), subsection (f), and paragraph (2) of subsection (g) and by adding three new subsections to read as follows: "(4) The person's alcohol concentration is 0.10 0.08 grams or more at any time within three hours after such hunting from alcohol consumed before such hunting ended; or" "(f) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person hunting in violation of subsection (b) of 994 JOURNAL OF THE SENATE this Code section, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time a blood alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; (2) If there was at that time a blood alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and (3) If there was at that time a blood alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and (4)(3) If there was at that time or within three hours after hunting, from alcohol consumed before such hunting ended, a blood alcohol concentration of 0.10 0.08 or more grams, the person shall be in violation of paragraph (4) of subsection (b) of this Code section." "(2) At the time a chemical test or tests are requested, the arresting officer shall read to the person the following implied consent warning: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing and you are convicted of hunting while under the influence of alcohol or drugs, your privilege to hunt in this state will be suspended for a period of two years. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you consent to the test, the results may be offered into evidence against you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more or the presence of any illegal drug, your privilege to hunt in this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'" "(j) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of this Code section if the evidence was obtained by voluntary consent or a search warrant as authorized by the Constitution or the laws of this state or the United States. (k) Upon the request of a law enforcement officer, if a person consents to submit to a chemical test designated by such officer as provided in subsection (g) of this Code section, and the results of such test indicate an alcohol concentration of 0.08 grams or FRIDAY, MARCH 1, 2013 995 more, upon a conviction of a violation of paragraph (4) of subsection (b) of this Code section, in addition to any other punishment imposed, such person's privileges to hunt in this state shall be suspended by operation of law for a period of one year. Even if such person did not possess a valid hunting license at the time of the violation, such person's hunting privileges shall be suspended for one year. (l) Following the period of suspension set forth in subsection (i) or (k) of this Code section, such person may apply to the department for reinstatement of his or her hunting privileges. Any suspension pursuant to this Code section shall remain in effect until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00." SECTION 4. Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, is amended by revising paragraph (3) of subsection (d) of Code Section 52-7-8, relating to classification of vessels and required equipment, as follows: "(3) No person shall operate a moving vessel upon the waters of this state with a child under the age of ten 13 years on board such vessel unless the such child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel." SECTION 5. Said chapter is further amended by revising subsections (a), (c), (l), and (m) of Code Section 52-7-8.2, relating to restrictions on operation of personal watercraft, as follows: "(a) As used in this Code section, the term: (1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) 'Class A vessel' means a boat less than 16 feet in length. (3)(2) 'Personal watercraft' means a Class A vessel which: (A) Has an outboard motor or which has an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion; (B) Is designed with the concept that the operator and passenger ride on the outside surfaces of the such vessel as opposed to riding inside the such vessel; and (C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard. Such term includes, without limitation, any vessel where the operator and passenger 996 JOURNAL OF THE SENATE ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessels vessel commonly known as a 'jet ski.' (4) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility." "(c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years Reserved." "(l) On and after June 1, 1995, no No person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years of age may operate a personal watercraft if he or she is accompanied by an adult age 18 years of age or over older or he or she has successfully completed a personal watercraft safety program boating education course approved by the department or is under direct supervision by an adult age 18 or over. The department may, but shall not be required to, conduct or provide personal watercraft safety boating education courses to the public. (m) On and after July 1, 1995, it It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft." SECTION 6. Said chapter is further amended by revising Code Section 52-7-8.3, relating to operation of watercraft, as follows: "52-7-8.3. (a) A person age 16 years of age or over older may operate any vessel or personal watercraft on any of the waters of this state if such person has met the applicable requirements of Code Section 52-7-22, and such person shall have has in such vessel proper identification. (b) A person age 14 or 12 through 15 years of age may operate: (1) A a personal watercraft or nonmotorized Class A vessel on any of the waters of this state in compliance with the provisions of this article; and if such person: (2) Any other vessel if such person: (A)(1) Is accompanied by an adult age 18 or over 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section; or (B)(2) Has completed a safe boating education course approved by the department; or (C) Is under direct supervision by an adult age 18 or over. (c) A person age 12 or 13 may operate any Class A vessel utilizing mechanical means of propulsion not exceeding 30 horsepower, under the conditions set forth in subparagraphs (b)(2)(A) through (b)(2)(C) of this Code section. Such person may operate a personal watercraft in compliance with Code Section 52-7-8.2, and such FRIDAY, MARCH 1, 2013 997 person may operate nonmotorized Class A vessels without restriction No person between 12 through 15 years of age may operate a Class 1, Class 2, or Class 3 vessel. (d) No person under the age of 12 years shall operate any Class 1, 2, or 3 vessel or any personal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied by an adult age 18 years of age or over older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section. (e) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section. (f) No person shall rent, lease, or let for hire any vessel ten horsepower or more to any person under 16 years of age. On and after July 1, 2014, a person 16 years of age or older may rent or lease any vessel ten horsepower or more if such person has completed a boating education course approved by the department. This subsection shall not apply to any person licensed by the United States Coast Guard as a master of a vessel or a nonresident who has in his or her possession proof that he or she has completed a National Association of State Boat Licensed Administrators approved boater education course or equivalency examination from another state. (e)(g) As used in this Code section, the term: (1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) 'Personal watercraft' shall have the same meaning as set forth in Code Section 527-8.2. (3) 'Proper identification' shall have the same meaning as in subsection (d) of Code Section 3-3-23, relating to furnishing of alcoholic beverages. (3) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility. (f) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section." SECTION 7. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 52-7-11, relating to lights, as follows: "(2) All motorized Class A and Class 1 vessels being operated during hours of darkness or low visibility shall display a 32 point white stern light visible for a distance of two miles, plus a 20 point combination red and green light on the bow, or ten-point combination red and green side lights properly screened and visible for a distance of one mile and displayed lower than the white stern light." 998 JOURNAL OF THE SENATE SECTION 8. Said chapter is further amended by revising Code Section 52-7-12, relating to operation of watercraft while under the influence of alcohol or drugs, as follows: "52-7-12. (a) No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while: (1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (2) Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (3)(4) Under the combined influence of alcohol and any drug any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (4)(5) The person's alcohol concentration is 0.10 0.08 grams or more at any time within three hours after such 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; or (5)(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of 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 safely as a result of using a drug other than alcohol which such person is legally entitled to use. FRIDAY, MARCH 1, 2013 999 (c) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while 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 while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances substance, shall be admissible. Where such chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; (2) When a person shall undergo undergoes a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic or drug content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit submits to a chemical test or tests at the request of a law enforcement officer, full information concerning the such test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests according to this Code section. (d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while 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 while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, 1000 JOURNAL OF THE SENATE as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section; and (3) If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section; and (4)(3) If there was at that time or 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 an alcohol concentration of 0.10 0.08 or more grams, the person shall be in violation of paragraph (4) (5) of subsection (a) of this Code section. (e) The State of Georgia considers that persons who are under the influence of alcohol, toxic vapors, or drugs while operating a vessel on the waters of this state constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) subsection (c) of this Code section, to a chemical test or tests of his or her blood, breath, or urine or other bodily substances substance for the purpose of determining the alcoholic or drug content of his or her blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating, navigating, steering, driving, manipulating, or in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, toxic vapors, or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol, toxic vapors, or any drug. Subject to subsections (c) and (d) subsection (c) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (f) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) subsection (c) of this Code section. FRIDAY, MARCH 1, 2013 1001 (g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence. (h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAC) or the presence of drugs be performed on the dead person or persons and that the results of such test be properly recorded in his or her report. (i) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol, toxic vapors, or drugs in violation of this Code section. (j) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of this Code section. (k)(1) A person under the age of 21 years shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane, moving surfboard or similar moving device, or personal watercraft while the such person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended. (2) No plea of nolo contendere shall be accepted for any person under the age of 21 years charged with a violation of this Code section. (l) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard, or similar device a child under the age of 14 years is shall be guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol, toxic vapors, or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol, toxic vapors, or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol, toxic vapors, or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child. 1002 JOURNAL OF THE SENATE (m) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor; upon a third conviction thereof, be guilty of a high and aggravated misdemeanor; and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows: (1) For the first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion, such evaluation may be waived; and (F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated; (2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in FRIDAY, MARCH 1, 2013 1003 accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration; (C) Not fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the person is actually incarcerated; (3) For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration; (C) Not fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the person is actually incarcerated; (4) For the fourth or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than one year and not more than five 1004 JOURNAL OF THE SENATE years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Driver Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to May 15, 2013, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection; (5) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere based on a violation of this Code section shall constitute a conviction; and (6) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after May 15, 2013, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17. (n)(1) If the payment of the fine required under subsection (m) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments, and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under subsection (m) of this Code section conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1. (o) As used in this Code section, the term 'personal watercraft' shall have the same meaning as set forth in Code Section 52-7-8.2." FRIDAY, MARCH 1, 2013 1005 SECTION 9. Said chapter is further amended by revising Code Section 52-7-12.5, relating to ordering drug or alcohol tests, as follows: "52-7-12.5. (a) The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer has arrested such person for a violation of Code Section 52-7-12, any federal law in conformity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test initially and may subsequently require a test or tests for any substance not initially tested. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following: (1) Implied consent notice for suspects under age 21 years of age: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, and the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'; or (2) Implied consent notice for suspects age 21 years of age or over older: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, and the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.10 0.08 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended 1006 JOURNAL OF THE SENATE for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6, and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. This notice shall be deemed sufficient if such notice read by an arresting officer is substantially complied with Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged. (c) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 52-7-12 if such evidence was obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States. (d) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.10 0.08 grams or more or, for a person under the age of 21 years, an alcohol concentration of 0.02 grams or more, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section 52-7-12.6, subject to review as provided for in this Code section. (e) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement FRIDAY, MARCH 1, 2013 1007 officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege of operating a vessel on the waters of this state for a period of one year. (f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of intent to suspend and the sworn report required by subsection (d) or (e) of this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code section. (2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's privilege to operate a vessel and, by regular mail, at the last known address, notify such person of such suspension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing. (g)(1) A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. For purposes of such hearing, a copy of the report required by subsection (d) or (e) of this Code section shall be made a part of the hearing record and shall create a rebuttable presumption that the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length. (2) The scope of the hearing shall be limited to the following issues: 1008 JOURNAL OF THE SENATE (A)(i) Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12. (ii) Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality; (B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test and: (i) Whether the person refused the test; or (ii) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 0.08 grams or more or, for a person under the age of 21 years, an alcohol concentration of 0.02 grams or more; and (C) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the suspension of the person's privilege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, however, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12. (h) If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as FRIDAY, MARCH 1, 2013 1009 provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed. (i) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: 'This breath-testing instrument (serial no. __________) was thoroughly inspected, tested, and standardized by the undersigned on (date __________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code section." SECTION 10. Said chapter is further amended by revising Code Section 52-7-12.6, relating to terms of suspension, as follows: "52-7-12.6. (a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions: (1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 120 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days 18 months following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall 1010 JOURNAL OF THE SENATE be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; and (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; and (4) Any person convicted of violating Code Section 52-7-12.2, 52-7-12.3, or 52-712.4 shall have his or her privilege to operate a vessel on the waters of this state suspended for three years. Such privilege shall be reinstated after the expiration of the three-year period if such person submits proof of completion of a boating education course approved by the department and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. (b) In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance and the operator's payment of a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. (c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500.00 nor more than $1,000.00; provided, however, that for a second and each subsequent conviction within a five-year period measured from the date of the previous arrest upon which a conviction was obtained to the date of the current arrest, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00 nor more than $1,500.00. The period suspension of the privilege to operate a vessel on the waters of the state of any person convicted under this subsection shall be extended for an additional six months for each such conviction." FRIDAY, MARCH 1, 2013 1011 SECTION 11. Said chapter is further amended by revising Code Section 52-7-22, relating to safety and educational programs, as follows: "52-7-22. (a) The department is authorized to inaugurate a comprehensive boating safety and boating shall establish a comprehensive boating education program and to may seek the cooperation of boatmen, the federal government, and other states. The department may accept moneys made available under federal safety programs and may issue safety boating certificates to persons who complete courses in boating safety education. (b) Effective July 1, 2014, and except as otherwise provided by this chapter, anyone born on or after January 1, 1998, who operates any motorized vessel on the waters of this state shall complete a boating education course approved by the department prior to the operation of such vessel. (c) A person shall be exempt from the provisions of subsection (b) of this Code section if he or she is: (1) Licensed by the United States Coast Guard as a master of a vessel; (2) Operating such vessel on a private lake or pond; or (3) A nonresident who has in his or her possession proof that he or she has completed a National Association of State Boat Licensed Administrators approved boater education course or the equivalency from another state." SECTION 12. Said chapter is further amended by revising Code Section 52-7-26, relating to penalty for violations relative to registration, operation, and sale of watercraft generally, as follows: "52-7-26. Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013." SECTION 13. Said chapter is further amended by revising subsection (a) of Code Section 52-7-51, relating to penalty for violations relative to displaying of watercraft information, as follows: "(a) Any person who violates this article or any rules and regulations issued hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013." 1012 JOURNAL OF THE SENATE SECTION 14. This Act shall become effective on May 15, 2013, and shall apply to all offenses occurring on or after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer E Sims Y Staton Y Stone 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 50, nays 0. SB 136, having received the requisite constitutional majority, was passed by substitute. FRIDAY, MARCH 1, 2013 1013 SB 122. By Senators Hill of the 6th, Chance of the 16th, Staton of the 18th, Shafer of the 48th, Carter of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to authorize the issuance of a temporary driving permit to a noncitizen applicant whose Georgia driver's license has expired, or will expire, who has filed a request for an extension to remain lawfully within the United States; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 122: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to authorize the issuance of a temporary driving permit or identification card to a noncitizen applicant whose Georgia driver's license or identification card has expired, or will expire, who has filed a request for an extension to remain lawfully within the United States; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, is amended by revising Code Section 40-5-21.1, relating to temporary licenses, permits, or special identification cards, foreign licenses or identification cards as evidence of legal presence in the United States, as follows: "40-5-21.1. (a) Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of: (1) Admission to the United States in a valid, unexpired nonimmigrant status; (2) A pending or approved application for asylum in the United States; (3) Admission into the United States in refugee status; (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; (6) Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; or 1014 JOURNAL OF THE SENATE (7) Verification of lawful presence as provided by Code Section 40-5-21.2 may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicant's authorized stay in the United States or five years, whichever occurs first. (b) A driver's license or identification card issued by any state or territory which, on or after July 1, 2006, authorized such driver's license or identification card to be issued to persons not lawfully present in the United States may not be accepted as evidence of legal presence in the United States. (c) Any noncitizen applicant whose Georgia driver's license or identification card has expired, or will expire within 30 days, who has filed, or on whose behalf has been filed, a request for an extension with the United States Department of Homeland Security, or similar such federal issuing agency, for time to remain lawfully within the United States shall be issued a temporary driving permit or identification card valid for 120 days from the date of the expiration of his or her valid driver's license or identification card. The noncitizen applicant shall be required to present evidence of the application for extension by submitting a copy or copies of documentation designated by the department. A temporary driving permit or identification card shall be issued upon submission of the required documentation and an application fee in an amount to be determined by the department. Upon the expiration of the temporary driving permit or identification card, no further consecutive temporary permits or identification cards shall be authorized; provided, however, application may be made following the expiration of an additional valid Georgia driver's license or identification card." SECTION 2. This Act shall become effective on January 1, 2014. 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 Beach Y Bethel Y Burke Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey FRIDAY, MARCH 1, 2013 1015 Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Seay Y Shafer E Sims Y Staton Y Stone 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. SB 122, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 548. By Representative O`Neal of the 146th: A RESOLUTION relative to adjournment; and for other purposes. The following resolution was read and put upon its adoption: HR 548. 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 2013 regular session of the General Assembly for the period of Tuesday, March 5, 2013, through Wednesday, March 20, 2013, shall be as follows: 1016 JOURNAL OF THE SENATE Tuesday, March 5......................................................in session for legislative day 29 Wednesday, March 6.................................................in adjournment Thursday, March 7 ....................................................in session for legislative day 30 Friday, March 8 through Sunday, March 10.............in adjournment Monday, March 11....................................................in session for legislative day 31 Tuesday, March 12....................................................in session for legislative day 32 Wednesday, March 13...............................................in session for legislative day 33 Thursday, March 14 ..................................................in session for legislative day 34 Friday, March 15 through Tuesday, March 19 .........in adjournment Wednesday, March 20...............................................in session for legislative day 35 BE IT FURTHER RESOLVED that on and after March 20, 2013, the periods of adjournment of the 2013 regular 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. Senator Chance of the 16th moved that the Senate stand adjourned pursuant to HR 50 until 1:00 p.m. Monday, March 4, 2013; the motion prevailed, and at 12:47 p.m. the President announced the Senate adjourned. MONDAY, MARCH 4, 2013 1017 Senate Chamber, Atlanta, Georgia Monday, March 4, 2013 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 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 21. By Representative Oliver of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification of such agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 71. By Representatives Riley of the 50th, Maxwell of the 17th, Greene of the 151st, Tankersley of the 160th, Holmes of the 129th and others: A BILL to be entitled an Act to amend Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investment and real estate investments, so as to increase the total percentage of investments permissible in real estate investments for the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members; to repeal conflicting laws; and for other purposes. 1018 JOURNAL OF THE SENATE HB 99. By Representatives Spencer of the 180th, Kidd of the 145th, Harrell of the 106th, Cooke of the 18th, Powell of the 32nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to change the amount of malt beverages that may be produced by a person in his or her private residence; to provide that malt beverages so produced may be transported and delivered for use at home-brew special events; to provide for the issuance of home-brew special event permits; to provide for rules and regulations to be adopted by the state revenue commissioner governing home-brew special events; to prohibit sales and limit consumption of malt beverages produced in a private residence; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 171. HB 253. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others: 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. 1880-81, p. 508), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for the continuation in office of current members; to provide for qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; 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 Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 4, 2013 1019 HB 284. HB 298. HB 346. By Representatives Pruett of the 149th, Kaiser of the 59th, Mitchell of the 88th, Cooper of the 43rd, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact the "Return to Play Act of 2013"; to require public and private schools which provide youth athletic activities to provide information to parents on the nature and risk of concussion and head injury and to establish concussion management and return to play policies; to require public recreation leagues to provide information to parents on the nature and risk of concussion and head injury; to provide for definitions; to provide for the endorsement of concussion recognition education courses; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dickey of the 140th, Harden of the 148th, Watson of the 172nd, Epps of the 144th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Georgia Grown Products; to provide for the operation and function of the commodity commission; to amend Code Section 2-8-10 of the Official Code of Georgia Annotated, relating to nonapplicability of Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, so as to exclude the Agricultural Commodity Commission for Georgia Grown Products from the provisions of such article; to repeal conflicting laws; and for other purposes. By Representatives Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Willard of the 51st, Riley of the 50th and others: A BILL to be entitled an Act to amend an Act providing for the consolidation of the offices of tax receiver of Fulton County and tax collector of Fulton County into the office of tax commissioner of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3006), as amended, particularly by an Act approved May 9, 2002 (Ga. L. 2002, p. 5680), so as to provide for a citation of authority; to provide for the appointment of the tax commissioner of Fulton County; to limit certain compensation of the tax commissioner; 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. 1020 JOURNAL OF THE SENATE HB 347. HB 349. HB 437. HB 441. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Golick of the 40th, Hatchett of the 150th, Coomer of the 14th, Pak of the 108th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 5 of the O.C.G.A., relating to appeal or certiorari by the state in criminal cases, so as to provide the state with more direct appeal rights; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the O.C.G.A., relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to amend Article 2 of Chapter 8 of Title 24 of the O.C.G.A., relating to admissions and confessions; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others: A BILL to be entitled an Act to provide for the selection of the chief judge of the Atlanta Judicial Circuit; to provide for terms; to provide for powers and duties; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others: A BILL to be entitled an Act to provide for the administration of the budget of the Superior Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 4, 2013 1021 HB 442. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others: A BILL to be entitled an Act to provide for the administration of the budget of the State Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 446. By Representatives Peake of the 141st, Lindsey of the 54th, Willard of the 51st, England of the 116th, Cooper of the 43rd and others: A BILL to be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for certain additional notice requirements for a proposed ward who resided in another state prior to the submission of a guardianship or conservatorship petition for such proposed ward; to require disclosure in petitions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 452. By Representatives Jones of the 47th and Hill of the 22nd: A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), 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. The following Senate legislation was introduced, read the first time and referred to committee: SB 244. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Code Section 14-2-122, relating to filing fees and penalties relative to business corporations, and Code Section 143-122, relating to filing fees and penalties relative to nonprofit corporations, so as to provide that there shall not be a penalty imposed for late filing of an annual registration for a corporation in which the registered agent, president, or 1022 JOURNAL OF THE SENATE chairperson of the board of directors is a member of the United States armed forces or national guard who is deployed on an active duty assignment outside the State of Georgia at the time such annual registration is due; 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 245. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to employment security, so as to provide that benefits under such chapter shall not be paid to noncitizens who are not employed legally; to provide that such payments shall not be made unless the noncitizen is present in this country legally at the time such payments are made; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SR 427. By Senators Murphy of the 27th, Shafer of the 48th and Staton of the 18th: A RESOLUTION creating the Senate Study Committee on Brewpubs and Alcoholic Beverage Tastings; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 21. By Representative Oliver of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification of such agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 71. By Representatives Riley of the 50th, Maxwell of the 17th, Greene of the 151st, Tankersley of the 160th, Holmes of the 129th and others: A BILL to be entitled an Act to amend Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of MONDAY, MARCH 4, 2013 1023 investment and real estate investments, so as to increase the total percentage of investments permissible in real estate investments for the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 99. By Representatives Spencer of the 180th, Kidd of the 145th, Harrell of the 106th, Cooke of the 18th, Powell of the 32nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to change the amount of malt beverages that may be produced by a person in his or her private residence; to provide that malt beverages so produced may be transported and delivered for use at home-brew special events; to provide for the issuance of home-brew special event permits; to provide for rules and regulations to be adopted by the state revenue commissioner governing home-brew special events; to prohibit sales and limit consumption of malt beverages produced in a private residence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 171. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others: 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 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for the continuation in office of current members; to provide for qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; 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. 1024 JOURNAL OF THE SENATE HB 253. By Representatives Quick of the 117th, Williams of the 119th and Frye of the 118th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 284. By Representatives Pruett of the 149th, Kaiser of the 59th, Mitchell of the 88th, Cooper of the 43rd, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact the "Return to Play Act of 2013"; to require public and private schools which provide youth athletic activities to provide information to parents on the nature and risk of concussion and head injury and to establish concussion management and return to play policies; to require public recreation leagues to provide information to parents on the nature and risk of concussion and head injury; to provide for definitions; to provide for the endorsement of concussion recognition education courses; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 298. By Representatives Dickey of the 140th, Harden of the 148th, Watson of the 172nd, Epps of the 144th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Georgia Grown Products; to provide for the operation and function of the commodity commission; to amend Code Section 2-8-10 of the Official Code of Georgia Annotated, relating to nonapplicability of Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, so as to exclude the Agricultural Commodity Commission for Georgia Grown Products from the provisions of such article; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. MONDAY, MARCH 4, 2013 1025 HB 346. By Representatives Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Willard of the 51st, Riley of the 50th and others: A BILL to be entitled an Act to amend an Act providing for the consolidation of the offices of tax receiver of Fulton County and tax collector of Fulton County into the office of tax commissioner of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3006), as amended, particularly by an Act approved May 9, 2002 (Ga. L. 2002, p. 5680), so as to provide for a citation of authority; to provide for the appointment of the tax commissioner of Fulton County; to limit certain compensation of the tax commissioner; 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. HB 347. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 349. By Representatives Golick of the 40th, Hatchett of the 150th, Coomer of the 14th, Pak of the 108th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 5 of the O.C.G.A., relating to appeal or certiorari by the state in criminal cases, so as to provide the state with more direct appeal rights; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the O.C.G.A., relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to amend Article 2 of Chapter 8 of Title 24 of the O.C.G.A., relating to admissions and confessions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. 1026 JOURNAL OF THE SENATE HB 437. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others: A BILL to be entitled an Act to provide for the selection of the chief judge of the Atlanta Judicial Circuit; to provide for terms; to provide for powers and duties; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 441. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others: A BILL to be entitled an Act to provide for the administration of the budget of the Superior Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 442. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others: A BILL to be entitled an Act to provide for the administration of the budget of the State Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 446. By Representatives Peake of the 141st, Lindsey of the 54th, Willard of the 51st, England of the 116th, Cooper of the 43rd and others: A BILL to be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for certain additional notice requirements for a proposed ward who resided in another state prior to the submission of a guardianship or conservatorship petition for such proposed ward; to require disclosure in petitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. MONDAY, MARCH 4, 2013 1027 HB 452. By Representatives Jones of the 47th and Hill of the 22nd: A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), 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. The President recognized U.S. Senator Johnny Isakson. Honorable Johnny Isakson addressed the Senate briefly. Senator Hill of the 6th recognized the Cumberland Community Improvement District, commended by SR 259, adopted previously. Tad Leithead and Malaika Rivers addressed the Senate briefly. 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 177 Do Pass by substitute Respectfully submitted, Senator Ginn of the 47th District, Chairman Mr. President: The Education and Youth Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 243 Do Pass by substitute Respectfully submitted, Senator Tippins of the 37th District, Chairman 1028 JOURNAL OF THE SENATE Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 62 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 172 SB 241 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Cowsert of the 46th 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 227 SB 234 Do Pass by substitute Do Pass SB 229 Do Pass by substitute SB 236 Do Pass Respectfully submitted, Senator Golden of the 8th 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 113 SB 165 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman MONDAY, MARCH 4, 2013 1029 Mr. President: The Judiciary Non-Civil Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 170 SB 225 SB 231 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Stone of the 23rd 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 59 Do Pass HB 255 Do Pass by substitute Respectfully submitted, Senator Carter of the 1st District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 206 SR 371 Do Pass Do Pass Respectfully submitted, Senator Mullis of the 53rd 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: 1030 JOURNAL OF THE SENATE HB 86 HB 286 HB 329 Do Pass Do Pass Do Pass HB 252 HB 328 HB 383 Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd 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: HR 281 Do Pass SB 228 Do Pass SB 226 Do Pass SB 242 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd 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 293 Do Pass by substitute Respectfully submitted, Senator Gooch of the 51st 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 144 Do Pass by substitute Respectfully submitted, Senator Harbison of the 15th District, Chairman MONDAY, MARCH 4, 2013 1031 The following legislation was read the second time: HB 103 SB 207 SR 267 HB 198 SB 210 SR 378 HB 254 SB 212 SB 1 SB 213 SB 23 SB 216 SB 181 SB 224 Senator Seay of the 34th asked unanimous consent that Senator Lucas of the 26th be excused. The consent was granted, and Senator Lucas was excused. Senator Butler of the 55th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. Senator Butler of the 55th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Ginn Golden Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Stone Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Fort (Excused) Lucas (Excused) Tate (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. 1032 JOURNAL OF THE SENATE Senator James of the 35th introduced the chaplain of the day, Pastor Benjamin Lang of Lithia Springs, Georgia, who offered scripture reading and prayer. Senator Carter of the 1st recognized and honored the members of the St. Patrick's Day Parade Committee, Chairman Brendan T. Sheehan and the Grand Marshal of the 2013 St. Patrick's Day Parade, James A. Ray on the upcoming occasion of the 2013 St. Patrick's Day Parade in Savannah, Georgia, commended by SR 380, adopted previously. Grand Marshal James A. Ray and Chairman Brendan T. Sheehan addressed the Senate briefly. Senator Unterman of the 45th recognized September as Thrombosis Awareness Month in Georgia, commended by SR 133, adopted previously. Senator Mullis of the 53rd recognized and commended the Gordon Lee High School wrestling team on their outstanding 2012 season, commended by SR 384, adopted previously. The following resolutions were read and adopted: SR 424. By Senators Millar of the 40th, Carter of the 42nd, Ramsey, Sr. of the 43rd and Butler of the 55th: A RESOLUTION commending John Frederick Agel, Sr., as the Distinguished Older Georgian for 2013; and for other purposes. SR 425. By Senators Hill of the 4th, Carter of the 1st, McKoon of the 29th and Harbison of the 15th: A RESOLUTION recognizing and commending Dr. Archie Rainey, Director of Georgia's Law Enforcement Command College at Columbus State University; and for other purposes. SR 426. By Senators Hill of the 4th, Carter of the 1st and Crane of the 28th: A RESOLUTION recognizing and commending Deputy Jason Michael Ross; and for other purposes. SR 428. By Senator Golden of the 8th: A RESOLUTION recognizing March 5, 2013, as Georgia Food Bank Association Day at the state capitol; and for other purposes. MONDAY, MARCH 4, 2013 1033 SR 429. By Senators Loudermilk of the 14th, Heath of the 31st, Harbison of the 15th, Hill of the 32nd and Hufstetler of the 52nd: A RESOLUTION recognizing March 13, 2013, as Civil Air Patrol Day at the capitol and commending the volunteers of the Civil Air Patrol for their service to the citizens of Georgia; and for other purposes. Senator Jackson of the 24th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday March 4, 2013 Twenty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 86 HB 252 Jones of the 25th STATE COURT OF 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. 1996, p. 3721), so as to change the compensation for the judge of the State Court of Putnam County and the solicitor-general of the State Court of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Cowsert of the 46th Ginn of the 47th ATHENS-CLARKE COUNTY MAGISTRATE JUDGE A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of the magistrate court of AthensClarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1034 HB 286 HB 328 HB 329 HB 383 JOURNAL OF THE SENATE Tolleson of the 20th CITY OF HAWKINSVILLE A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Hawkinsville and Pulaski County; to create and incorporate a new political body corporate under the name Hawkinsville-Pulaski County, Georgia; 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. Golden of the 8th LOWNDES COUNTY A BILL to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lowndes County; to provide for terms of office; to provide for related matters; 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 creating a Small Claims Court for Lowndes County, approved April 18, 1967 (Ga. L. 1967, p. 3197), as amended by an Act approved February 18, 1977 (Ga. L. 1977, p. 2736), so as to provide that the judge of the Small Claims Court for Lowndes County shall be the magistrate judge and shall be elected on a nonpartisan basis; 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 conflicting laws; and for other purposes. Staton of the 18th Tolleson of the 20th Lucas of the 26th CITY OF WARNER ROBINS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to revise MONDAY, MARCH 4, 2013 1035 the qualifications for candidates for mayor and council; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Stone 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. SENATE RULES CALENDAR MONDAY, MARCH 4, 2013 TWENTY-EIGHTH LEGISLATIVE DAY SB 76 Returning Veterans Task Force; create; membership (VM&HS-2nd) SB 96 State Courts, Solicitors-General of; part-time solicitor-general; engage in private practice of law; not represent defendants in criminal matters in such solicitor-general's state court (SJUDY-53rd) 1036 JOURNAL OF THE SENATE SB 101 Firearms; regulate the sale, use and possession in this state (Substitute) (JUDYNC-47th) SB 156 Surface Mining; revise a definition (NR&E-20th) SB 160 Public Employers; provide annual report relative to compliance with certain laws; provide for certain report to Dept. of Audits and Accounts (Substitute) (SLGO(G)-47th) SB 168 Public Contracts; contracting and bidding requirements (Substitute) (SLGO(G)-37th) SB 179 Public Contracts; if sealed competitive proposal requested/price or project cost not a selection factor; no bid bond shall be required (SLGO(G)-6th) SB 193 "Uniform Interstate Family Support Act"; update (JUDY-46th) SB 194 Natural Resources Dept.; include an exemption for restoration of certain barns; promote Georgia tourist destinations (NR&E-53rd) SB 195 Education; authorize public/private schools to stock a supply of autoinjectable epinephrine (H&HS-52nd) SB 209 Electronic Transactions; provide that no entity shall be prohibited from making self-help documents; not a substitute for advice of a professional (AG&CA-50th) SB 218 Highways, Bridges and Ferries; annual commercial wrecker emergency tow permits; qualifications for issuance (TRANS-51st) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 76. By Senators Jackson of the 2nd, Harbison of the 15th, Jones of the 10th, Lucas of the 26th and Sims of the 12th: 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 MONDAY, MARCH 4, 2013 1037 provide for duties; to provide for recommendations; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 51, nays 0. SB 76, having received the requisite constitutional majority, was passed. SB 96. By Senators Mullis of the 53rd, Stone of the 23rd, Thompson of the 5th, Hufstetler of the 52nd, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to solicitors-general of state courts, so as to provide that a part-time solicitor-general of the state court and any part-time assistant solicitor-general may engage in the private practice of law but shall not represent defendants in criminal matters in such solicitorgeneral's state court; to provide for related matters; to repeal conflicting laws; and for other purposes. 1038 JOURNAL OF THE SENATE Senators Mullis of the 53rd and Carter of the 42nd offered the following amendment #1: Amend SB 96 (LC 28 6449) by inserting after "jurisdiction" on line 20 "or appear on behalf of any client, other than the state, in any matter that is within the duties of such solicitor-general". On the adoption of the amendment, there were no objections, and the Mullis, Carter of the 42nd 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 52, nays 0. Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer Y Sims Y Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 96, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: MONDAY, MARCH 4, 2013 1039 Senator David Shafer District 48 321 State Capitol Atlanta, GA 30334 Committees: Insurance and Labor Appropriations Finance Health and Human Services Reapportionment and Redistricting Banking and Financial Institutions Regulated Industries and Utilities Rules COMMITTEE ON ADMINISTRATIVE AFFAIRS COMMITTEE ON ASSIGNMENTS The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 4, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Ewing: Please let the record reflect that I voted "yes" on Senate Bill 96. Very truly yours, /s/ David J. Shafer President Pro Tempore Senator Millar of the 40th was excused for business outside the Senate Chamber. SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit 1040 JOURNAL OF THE SENATE conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Non-Civil Committee offered the following substitute to SB 101: A BILL TO BE ENTITLED AN ACT To amend Titles 8, 16, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to authorize persons who are between the ages of 18 and 21 to carry firearms under certain circumstances; to provide for the issuance of a permit to carry firearms to persons between the ages of 18 and 21; to provide that information relating to persons issued weapons carry licenses shall be confidential; to prohibit the creation or maintenance of any data bases regarding persons issued weapons carry licenses; to provide for verification of licenses; to repeal state laws regarding firearms dealers; 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 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by revising subsection (a) of Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings and exceptions, as follows: "(a) Except as exempted by subsection (b) or (d) of this Code section or Code Section 8-3-205, it shall be unlawful: (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status, or national origin; (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, disability, familial status, or national origin; (3) To make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, MONDAY, MARCH 4, 2013 1041 sex, disability, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination; (4) To represent to any person because of race, color, religion, sex, disability, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, or national origin or with a disability; (6) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of: (A) That buyer or renter; (B) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (C) Any person associated with that buyer or renter; or (7)(A) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of: (i) That person; (ii) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (iii) Any person associated with that person. (B) For purposes of this paragraph, discrimination includes: (i) A refusal to permit, at the expense of the person with disabilities, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (ii) A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (iii) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that: (I) The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities; (II) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and (III) All premises within such dwellings contain the following features of adaptive design: (a) an accessible route into and through the dwelling; (b) light 1042 JOURNAL OF THE SENATE switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (c) reinforcements in bathroom walls to allow later installation of grab bars; and (d) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. (C) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usableness for physically disabled people (commonly cited as 'ANSI A117.1') suffices to satisfy the requirements of subdivision (B)(iii)(III) of this paragraph. (D) In regard to persons with disabilities, discrimination includes, in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct dwellings in such a manner that the dwellings have at least one building entrance on an accessible route, unless it is impracticable to do so because of the terrain or unusual characteristics of the site; or (8) To require, as a condition of tenancy in public housing, any prohibition or restriction of any lawful possession of a firearm within an individual dwelling unless required by federal law or regulation." SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (e) of Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons; license requirements; exceptions for homes, motor vehicles, and other locations and conditions; and penalties for violations, as follows: "(e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state." SECTION 3. Said title is further amended by revising subparagraph (b)(2)(A) of Code Section 16-11129, relating to license to carry weapon, temporary renewal permit, and mandamus, as follows: "(A) Any Except as otherwise provided under Code Section 16-11-136, any person under 21 years of age;". SECTION 4. Said title is further amended by adding new Code sections to read as follows: "16-11-129.1. (a) All records and information regarding persons issued weapons carry licenses maintained by the judge of the probate court shall be confidential and not subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50. MONDAY, MARCH 4, 2013 1043 (b) The state shall be prohibited from creating or maintaining a data base of information regarding persons issued weapons carry licenses. (c) The judge of the probate court of each county shall be authorized to verify only the legitimacy and validity of a weapons carry license, but shall not be authorized to provide any further information regarding licensees." "16-11-136. A resident of this state who is between the ages of 18 and 21 may be issued a license to carry a weapon under Code Section 16-11-129 if such person meets all of the other requirements for such license except for age and provides proof of: (1) Completion of basic training in any branch of the United States military or the United States Coast Guard; and (2) Current active service in the United States military or the United States Coast Guard or proof of discharge from the armed forces or coast guard under conditions other than dishonorable." SECTION 5. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing and reserving Chapter 16, relating to firearms dealers, in its entirety. SECTION 6. Said title is further amended by revising subsection (a) of Code Section 43-38-10, relating to permits to carry firearms, proficiency requirement, exemption from specified laws, denial, refusal to renew, and suspension of permits, and effect of license suspension and restoration, as follows: "(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is at least 21 years of age, or at least 18 years of age if such person has been issued a weapons carry license under Code Sections 16-11-129 and 16-11-136, and who is licensed or registered in accordance with this chapter and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Loudermilk of the 14th and Ginn of the 47th offered the following amendment #1: Amend SB 101 (LC 35 2966S) by deleting "16-11-136" on lines 101, 114, and 133 and inserting in its place "16-11-137". 1044 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Loudermilk, Ginn 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy N Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone 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 10. SB 101, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th was excused as a conferee. SB 156. By Senators Tolleson of the 20th, Wilkinson of the 50th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 12-4-72 of the Official Code of Georgia Annotated, relating to definitions relative to surface mining, so as to revise a definition; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 4, 2013 1045 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone 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 156, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Freddie Powell Sims District 12 110-A State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Education and Youth Appropriations Natural Resources and the Environment Retirement The State Senate Atlanta, Georgia 30334 March 4, 2013 1046 JOURNAL OF THE SENATE Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 RE: SB 156 by Senator Ross Tolleson Dear Mr. Secretary: I was away from my desk when SB 156 was voted on today and I missed the vote. I would like to go on record as a YES vote for SB 156. Thank you. /s/ Freddie Powell Sims SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. Senator Murphy of the 27th asked unanimous consent to drop SB 160 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 160 was placed at the foot of the Rules Calendar. The following Senators were excused for business outside the Senate Chamber: Albers of the 56th Fort of the 39th Ramsey, Sr. of the 43rd SB 168. By Senators Tippins of the 37th, Mullis of the 53rd, Williams of the 19th, Tolleson of the 20th, Chance of the 16th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13 of the O.C.G.A., relating to bonds relating to contracts for public works, and Article 2 of Chapter 91 of Title 36 of the O.C.G.A., relating to MONDAY, MARCH 4, 2013 1047 contracting and bidding requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate State and Local Governmental Operations Committee offered the following substitute to SB 168: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to bonds relating to contracts for public works, and Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracting and bidding requirements, so as to provide that no bidder shall be disqualified from a bid or proposal or denied prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if the bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs, the bidder has a reasonable amount of experience in performing the work for which bids or proposals are sought, and the bidder is capable of being bonded for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to bonds relating to contracts for public works, is amended by adding a new Code section to read as follows: "13-10-4. In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no bidder shall be disqualified from a bid or proposal or denied prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if: (1) The bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs; (2) The bidder has a reasonable amount of experience in performing the work for which bids or proposals are sought; and (3) The bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought." SECTION 2. Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracting and bidding requirements, is amended by adding a new Code section to read as follows: 1048 JOURNAL OF THE SENATE "36-91-23. In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no bidder shall be disqualified from a bid or proposal or denied prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if: (1) The bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs; (2) The bidder has a reasonable amount of experience in performing the work for which bids or proposals are sought; and (3) The bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams MONDAY, MARCH 4, 2013 1049 On the passage of the bill, the yeas were 50, nays 0. SB 168, having received the requisite constitutional majority, was passed by substitute. Senator Harbison of the 15th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. Senator Sims of the 12th was excused for business outside the Senate Chamber. SB 179. By Senators Hill of the 6th and Dugan of the 30th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an exception; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer E Sims Y Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 1050 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 48, nays 0. SB 179, having received the requisite constitutional majority, was passed. SB 193. By Senators Cowsert of the 46th, McKoon of the 29th, Tippins of the 37th, Bethel of the 54th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer E Sims Y Staton Y Stone 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 45, nays 0. SB 193, having received the requisite constitutional majority, was passed. MONDAY, MARCH 4, 2013 1051 SB 194. By Senators Mullis of the 53rd, Shafer of the 48th, Gooch of the 51st, Bethel of the 54th, Hufstetler of the 52nd and others: A BILL to be entitled an Act to amend Code Section 12-3-50 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Natural Resources relative to historic preservation and promotion, so as to include an exemption for restoration of certain barns used to promote Georgia tourist destinations; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer E Sims Y Staton Y Stone 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. SB 194, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: 1052 JOURNAL OF THE SENATE Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 266. By Representative Peake of the 141st: 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. The Calendar was resumed. SB 195. By Senators Hufstetler of the 52nd, Unterman of the 45th, Carter of the 1st and Orrock of the 36th: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to fill such prescriptions; 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 Beach Y Bethel Y Burke Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Miller Y Mullis Y Murphy Y Orrock E Ramsey MONDAY, MARCH 4, 2013 1053 Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Seay Y Shafer E Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 1. SB 195, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator John Wilkinson Agriculture and Consumer Affairs District 50 Education and Youth 321-B Coverdell Legislative Office Building Appropriations Atlanta, GA 30334 Government Oversight Bob Ewing Secretary of the Senate Georgia State Senate Atlanta, GA 30334 The State Senate Atlanta, Georgia 30334 3/4/13 Dear Mr. Ewing, I would like to change my vote from no to yes on SB 195. Sincerely, /s/ John Wilkinson 50 1054 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 266. By Representative Peake of the 141st: 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. The House amendment was as follows: Amend HB 266 (LC 28 6655S) by striking " to provide for alternative state and local title ad valorem tax fee payments for motor vehicles that are directly financed by dealers of used motor vehicles;" on lines 13 through 15; by striking lines 72 through 75; by striking "(1)(2)" on line 76 and inserting in lieu thereof "(1)"; by striking "(2)(3)" on line 104 and inserting in lieu thereof "(2)"; by striking "(3)(4)" on line 106 and inserting in lieu thereof "(3)"; by striking "(4)(5)" on line 110 and inserting in lieu thereof "(4)"; by striking "(5)(6)" on line 116 and inserting in lieu thereof "(5)"; by striking "(6)(7)" on line 119 and inserting in lieu thereof "(6)"; by striking "(7)(8)" on line 122 and inserting in lieu thereof "(7)"; and by striking lines 321 through 335. Senator Balfour of the 9th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 266. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 266. The Calendar was resumed. SB 209. By Senators Wilkinson of the 50th, Harper of the 7th, Murphy of the 27th, Davis of the 22nd, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, relating to electronic transactions, so as to provide that no individual, company, or other entity shall be prohibited from making available, designing, creating, publishing, assembling, completing, distributing, displaying, or selling self-help documents, information, and automated forms in hard copy, electronically, or online, whether made available with or without a fee, provided that the storefront, website, or other MONDAY, MARCH 4, 2013 1055 medium from which the items are provided states that the items are not the substitute for the advice of a professional in the relevant industry; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senators Wilkinson of the 50th, Bethel of the 54th and Carter of the 42nd offered the following amendment #1: Amend SB 209 by striking on line 15 the word "no" and inserting in lieu thereof "unless such actions are in violation of criminal law, no" On the adoption of the amendment, there were no objections, and the Wilkinson, et al. 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 Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock E Ramsey Y Seay Y Shafer E Sims Y Staton Y Stone 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 1. SB 209, having received the requisite constitutional majority, was passed as amended. 1056 JOURNAL OF THE SENATE SB 218. By Senators Gooch of the 51st, Miller of the 49th, Jackson of the 24th, Mullis of the 53rd, Beach of the 21st 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer E Sims Y Staton Y Stone 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 218, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: MONDAY, MARCH 4, 2013 1057 Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 Mr. Secretary, 3/4/13 Please submit a yea vote on bills # 193 & 218. /s/ Butch Miller D 49 SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. The Senate State and Local Governmental Operations Committee offered the following substitute to SB 160: A BILL TO BE ENTITLED AN ACT To amend Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain 1058 JOURNAL OF THE SENATE laws; to amend Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to provide for a certain compliance report to the Department of Audits and Accounts; to provide for records maintenance; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to change a certain definition; to provide for contracts; to provide for the submission of documents; to define certain terms; to provide for an immigration compliance report; to provide for technical support; to provide for the contents of such report; to provide for resubmission; to provide for limitation of liability; to provide for a list of agencies and political subdivisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to verification of new employee eligibility, applicability, and rules and regulations, is amended by revising subparagraph (b)(7)(A) as follows: "(7)(A) Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer's federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer. Public employers subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this subsection. Subject to available funding, the state auditor shall conduct annual compliance audits on a minimum of at least one-half of the reporting agencies and publish the results of such audits annually on the department's Department of Audits and Accounts' website on or before September 30." SECTION 2. Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, is amended by adding a new subsection to read as follows: "(d.1)(1) The requirements of this Code section shall not apply to any business or person renewing a business license, occupational tax certificate, or other document required to operate a business with a specific county or municipal corporation if such business or person has previously complied with the requirements of this Code section MONDAY, MARCH 4, 2013 1059 by submission of a signed and sworn affidavit containing such business's or person's federally assigned employment eligibility verification system user number and date of authority for use and has previously complied with the requirements of Code Sections 50-36-1 and 50-36-2 by submission of a signed and sworn affidavit and a secure and verifiable document establishing that such applicant is a United States citizen. (2) Any business or person not subject to the requirements of this Code section to utilize the federal work authorization program based upon the number of employees employed by such business or person shall attest in the affidavit required by this Code section that they will register and utilize the federal work authorization program upon employing more than ten employees. Any such business or person shall only be required to submit a new affidavit to any county or municipal corporation which issues or renews a business license, occupational tax certificate, or other document required to operate a business to such business or person within ten days of such event." SECTION 3. Said Code section is further amended by revising subsection (e) as follows: "(e) Beginning December 31, 2012, and annually thereafter, any county or municipal corporation issuing or renewing a business license, occupational tax certificate, or other document required to operate a business shall provide to the Department of Audits and Accounts a report demonstrating that such county or municipality is acting in compliance with the provisions of this Code section. This annual report shall identify each license or certificate issued by the agency in the preceding 12 months and include the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the affidavit submitted at the time of application. Counties and municipal corporations subject to the requirements of this Code section shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies." SECTION 4. Said Code section is further amended by adding a new subsection to read as follows: "(k) Any records required to be collected by a county or municipal corporation pursuant to this Code section may be maintained in electronic or paper format and shall be maintained pursuant to the county's or municipal corporation's records retention schedule." SECTION 5. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising subparagraph (a)(4)(A) of Code Section 50-36-1, relating to verification requirements, procedures, and 1060 JOURNAL OF THE SENATE conditions, exceptions, regulations, and criminal and other penalties for violations, as follows: "(4)(A) 'Public benefit' means a federal benefit as defined in 8 U.S.C. Section 1611 as it existed on January 1, 2013, a state or local benefit as defined in 8 U.S.C. Section 1621 as it existed on January 1, 2013, a benefit identified as a public benefit by the Attorney General of Georgia, or a public benefit which shall include the following: (i) Adult education; (ii) Authorization to conduct a commercial enterprise or business; (iii) Business certificate, license, or registration; (iv) Business loan; (v) Cash allowance; (vi) Disability assistance or insurance; (vii) Down payment assistance; (viii) Energy assistance; (ix) Food stamps; (x) Gaming license; (xi) Health benefits; (xii) Housing allowance, grant, guarantee, or loan; (xiii) Loan guarantee; (xiv) Medicaid; (xv) Occupational license; (xvi) Professional license; (xvii) Registration of a regulated business; (xviii) Rent assistance or subsidy; (xix) State grant or loan; (xx) State identification card; (xxi) Tax certificate required to conduct a commercial business; (xxii) Temporary assistance for needy families (TANF); (xxiii) Unemployment insurance; and (xxiv) Welfare to work." SECTION 6. Said chapter is further amended by revising subsection (d) of said Code section as follows: "(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; MONDAY, MARCH 4, 2013 1061 (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of 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; or (8) For any contract under $10,000.00." SECTION 7. Said chapter is further amended by revising subsection (e) of said Code section as follows: "(e)(1) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to: (A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2; and (B) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States and stating: (i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or (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 providing the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts' official website. (3) Documents or copies of documents required by this 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 subsection. For purposes of this paragraph, 1062 JOURNAL OF THE SENATE electronic submission includes, but is not limited to, submission via facsimile, Internet, or any other electronically transmitted method approved by the agency or political subdivision. (4) The requirements of this subsection shall not apply to: (A) Any applicant renewing an application for a public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a signed and sworn affidavit and a secure and verifiable document establishing that such applicant is a United States citizen; or (B) Any applicant applying for a new public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a signed and sworn affidavit and a secure and verifiable document establishing that such applicant is a United States citizen. (5) Any records required to be collected by an agency or political subdivision pursuant to this Code section may be maintained in electronic or paper format and shall be maintained pursuant to the agency's or political subdivision's records retention schedule." SECTION 8. Said chapter is further amended by revising subsection (i) of said Code section as follows: "(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. Agencies and political subdivisions subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this subsection." SECTION 9. Said chapter is further amended in Code Section 50-36-2, relating to secure and verifiable identity document and applicability, by revising paragraph (3) of subsection (b) as follows: "(3) 'Secure and verifiable document' means a document issued by a state or federal jurisdiction or recognized by the United States government and that is 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. Only those documents approved and posted by the Attorney MONDAY, MARCH 4, 2013 1063 General pursuant to subsection (f) of this Code section shall be considered secure and verifiable documents. Copies of secure and verifiable documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this paragraph, electronic submission includes, but is not limited to, submission via facsimile, Internet, or any other electronically transmitted method approved by the agency or political subdivision." SECTION 10. Said chapter is further amended by adding a new Code section to read as follows: "50-36-4. (a) As used in this Code section, the term: (1) 'Agency or political subdivision' means any department, agency, authority, commission, or governmental entity of this state or any subdivision of this state. (2) 'Annual reporting period' means from December 1 of the preceding year through November 30 of the year in which the report is due. (3) 'Contractor' shall have the same meaning as set forth in Code Section 13-10-90. (4) 'Department' means the Department of Audits and Accounts. (5) 'Physical performance of services' shall have the same meaning as set forth in Code Section 13-10-90. (6) 'Public employer' shall have the same meaning as set forth in Code Section 13-1090. (b) Each agency or political subdivision subject to any of the requirements provided in Code Sections 13-10-91, 36-60-6, and 50-36-1 shall submit an annual immigration compliance report to the department by December 31 that includes the information required under subsection (d) of this Code section for the annual reporting period. If an agency or political subdivision is exempt from any, but not all, of the provisions of subsection (d) of this Code section, it shall still be required to submit the annual report but shall indicate in the report which requirements from which it is exempt. (c) The department shall create an immigration compliance reporting system and shall provide technical support for the submission of such reports. The department shall further provide annual notification of such reports with submission instructions to all agencies and political subdivisions subject to such requirements. The department is authorized to implement policy as is needed to carry out the requirements of this subsection. (d) The immigration compliance report provided for in subsection (b) of this Code section shall contain the following: (1) The agency or political subdivision's federal work authorization program verification user number and date of authorization; (2) The legal name, address, and federal work authorization program user number of every contractor that has entered into a contract for the physical performance of services with a public employer as required under Code Section 13-10-91 during the annual reporting period; (3) The date of the contract for the physical performance of services between the 1064 JOURNAL OF THE SENATE contractor and public employer as required under Code Section 13-10-91; (4) A listing of each license or certificate issued by a county or municipal corporation to private employers that are required to utilize the federal work authorization program under the provisions of Code Section 36-60-6 during the annual reporting period, including the name of the person and business issued a license and his or her federally assigned employment eligibility verification system user number as provided in the private employer affidavit submitted at the time of application; and (5) A listing of each public benefit, as defined in subparagraph (a)(4)(A) of Code Section 50-36-1, administered by the agency or political subdivision and a listing of each public benefit for which SAVE authorization for verification has not been received. (e) In the event that the immigration compliance report submitted by an agency or political subdivision is found to be deficient, a new compliance report submitted to the department by the agency or political subdivision shall be deemed satisfactory and shall correct the prior deficient compliance report so long as the new report fully complies with this Code section. (f) No agency or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this Code section. (g) No political subdivision of this state shall be found to be in violation of this Code section by the department as a result of any actions or omissions of a county constitutional officer. (h) The department shall provide a list of all agencies and political subdivisions which have submitted an annual immigration compliance report by the date provided in subsection (b) of this Code section to the Department of Community Affairs by May 1 of the following year. Such list shall include all agencies and political subdivisions and indicate whether each such agency or political subdivision provided information or claimed to be exempt from each of the provisions identified in subsection (d) of this Code section." SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Senators Hill of the 32nd, Albers of the 56th, McKoon of the 29th, Gooch of the 51st, Ligon of the 3rd and others offered the following amendment #1: Amend the committee substitute LC 28 6660S to SB 160 by striking lines 248 through line 252 and re-letter accordingly. 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 #1 was withdrawn. MONDAY, MARCH 4, 2013 1065 Senators Albers of the 56th, Gooch of the 51st, Carter of the 1st, Hill of the 32nd, McKoon of the 29th and others offered the following amendment #2: Amend the committee substitute LC 28 6660S to SB 160 by strike and replace lines 38 to 46 with the following: "(d.1) The requirements of this Code Section shall not apply to any applicant who has previously complied with the requirements of Code Sections 50-36-1 and 50-36-2 by submission of a signed and sworn affidavit and a secure and verifiable document establishing that such applicant is a United States citizen in the same agency." Line 213, delete "36-60-6" Strike 234 to 239 and renumber accordingly On the adoption of the amendment, there were no objections, and the Albers, et al. amendment #2 to the committee substitute was adopted. Senator Carter of the 42nd offered the following amendment #3: Amend the substitute to SB 160 (LC 28 6660S) by inserting after "so as" on line 7 "to exempt certain employers;"; by redesignating Sections 3 through 11 as Sections 4 through 12, respectively; and by inserting after line 54 the following: SECTION 3. Said Code section is further amended by adding a new subsection to read as follows: "(d.2) The requirements of this Code section shall not apply to any business or person who has applied to participate in or is participating in the federal H-2A program." Senator Carter of the 42nd offered the following amendment #3a: Amend Amendment #3 to SB 160 by adding on line 8 after "H-2A" the words "H2-B" and by changing the word "program" to "programs" Senator Carter of the 42nd asked unanimous consent that his amendments be withdrawn. The consent was granted, and the Carter of the 42nd amendments #3 and #3a to the committee substitute were 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. 1066 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 Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer E Sims Y Staton Y Stone 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 160, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 5, 2013. The motion prevailed, and the President announced the Senate adjourned at 4:37 p.m. TUESDAY, MARCH 5, 2013 1067 Senate Chamber, Atlanta, Georgia Tuesday, March 5, 2013 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 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 communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 4, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Jeff Mullis to serve as Ex-Officio for the Senate Insurance and Labor Committee meeting on March 4, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate 1068 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 34. By Representatives Parsons of the 44th and Smith of the 134th: 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 36. By Representatives Watson of the 166th, Burns of the 159th, Stephens of the 164th, Bryant of the 162nd, Dutton of the 157th and others: A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to game and fish definitions, so as to revise the definition of "game fish"; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 45. By Representative Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 94. By Representatives Welch of the 110th, Lindsey of the 54th and Willard of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages, so as to change provisions relating to the reduction of earnings to present value; to provide for determining the present value of TUESDAY, MARCH 5, 2013 1069 HB 124. HB 125. HB 127. HB 131. certain future damages; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Harrell of the 106th, Taylor of the 79th, Powell of the 32nd, Fludd of the 64th, Cooke of the 18th and others: A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that an election in which the votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hightower of the 68th, Golick of the 40th, Jasperse of the 11th and Clark of the 98th: A BILL to be entitled an Act to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to provide for a certain affidavit for persons under 18 years of age to be executed after attaining the age of 18; to provide requirements for the submission of documents; to provide that certain documents may be submitted by facsimile; to provide exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 171st, Meadows of the 5th, England of the 116th, Hamilton of the 24th, Nix of the 69th and others: 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. By Representatives Clark of the 101st, Coleman of the 97th, Kaiser of the 59th, Jones of the 47th, Taylor of the 173rd 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 1070 JOURNAL OF THE SENATE HB 139. HB 146. HB 192. HB 199. programs, so as to define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hamilton of the 24th, Carter of the 175th, Powell of the 32nd, Talton of the 147th, Jasperse of the 11th 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 regarding sheriffs, so as to revise the general qualification requirements for sheriffs; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Weldon of the 3rd, Willard of the 51st and Mabra of the 63rd: A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the issuance of arrest and search warrants by video conference; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Kidd of the 145th and Sharper of the 177th: A BILL to be entitled an Act to amend Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, so as to provide that podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; to repeal conflicting laws; and for other purposes. By Representatives Lindsey of the 54th and Smith of the 70th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to the water supply division of the Georgia Environmental Finance Authority, so as to expand the Georgia Reservoir Fund; to amend Article 6 of Chapter 5 of Title 12 of the O.C.G.A., relating to water supply, so as to revise a definition and correct a cross-reference; to amend Code Section 36-91-100 of the O.C.G.A., relating to definitions relative to local public works bidding, so as to revise a definition; to amend Part 1 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to general provisions relative to the Georgia TUESDAY, MARCH 5, 2013 1071 HB 207. HB 224. HB 229. Environmental Finance Authority, so as to revise definitions and correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Shaw of the 176th, Roberts of the 155th, Tankersley of the 160th, Williams of the 168th, Nimmer of the 178th 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 licenses, permits, and stamps for hunting, trapping, or fishing, so as to provide a definition; to authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits for wildlife, so as to provide for an extended turkey season for young and mobility impaired hunters; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Sims of the 169th and Roberts of the 155th: A BILL to be entitled an Act to reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities of the chairperson, a vice chairperson, and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, and compensation and expenses of commissioners; to provide for submission for approval pursuant to the federal Voting Rights Act of 1965; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes. By Representatives Teasley of the 37th, Shaw of the 176th, Golick of the 40th, Taylor of the 173rd, Carson of the 46th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide for removing the insurer annual publication requirement; to provide that the Commissioner shall provide on the department's website a financial summary position of each insurer; to provide for changes to the submission of reports by property and casualty insurers; to provide for related matters; to repeal conflicting laws; and for other purposes. 1072 JOURNAL OF THE SENATE HB 256. HB 268. HB 271. HB 296. By Representatives Harbin of the 122nd, Willard of the 51st, Powell of the 32nd, Pruett of the 149th and Abrams of the 89th: A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to provide for the regulation of cigar wraps; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Harden of the 148th, England of the 116th, Jasperse of the 11th, Burns of the 159th, Williams of the 119th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the O.C.G.A., relating to dealers in agricultural products generally, so as to remove cotton and eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes. By Representatives Neal of the 2nd, Lindsey of the 54th, Meadows of the 5th, Oliver of the 82nd, Abrams of the 89th and others: A BILL to be entitled an Act to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, so as to revise definitions; to clarify provisions relating to record restriction involving certain felony offenses; to change provisions relating to the application of the Code section to arrests occurring prior to July 1, 2013; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 32nd, Ramsey of the 72nd, Talton of the 147th, Jackson of the 128th and Atwood of the 179th: 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 TUESDAY, MARCH 5, 2013 1073 HB 297. HB 310. HB 317. HB 332. records; to add certain persons to the list of persons authorized to receive motor vehicle certificate of title records; to provide for the Department of Revenue to establish certain procedures and to promulgate rules and regulations; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Buckner of the 137th, Smith of the 134th, Pezold of the 133rd and Teasley of the 37th: A BILL to be entitled an Act to amend Code Section 50-3-54 of the Official Code of Georgia Annotated, relating to the state wild flower, so as to designate the native azalea as the state wild flower; to repeal conflicting laws; and for other purposes. By Representative Wilkinson of the 52nd: 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 definitions; to provide for the method of filing certain disclosure reports; to provide for the method of notifying candidates of late fees due; to eliminate the grace period on certain reports; to provide for the notice of dissolution of a campaign or committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Cooper of the 43rd, Watson of the 166th, Rynders of the 152nd, Jones of the 53rd and Sims of the 123rd: 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 the "Medical Practice Act of the State of Georgia," so as to provide for administrative medicine licenses; to provide for definitions; to provide for requirements; to provide for board rules; to provide for educational certificates for out-of-state physicians to participate in educational training in this state that requires patient care; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Williamson of the 115th, Hamilton of the 24th, Cooper of the 43rd, Watson of the 166th, Williams of the 119th 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 reconstitute the Georgia Board of Nursing; to provide for membership; to provide for appointment of members; to define a certain term; to repeal the Georgia 1074 JOURNAL OF THE SENATE HB 337. HB 345. HB 350. HB 354. Board of Examiners of Licensed Practical Nurses; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representatives Fleming of the 121st, Carter of the 175th, Cooper of the 43rd, Coleman of the 97th, Frye of the 118th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to repeal conflicting laws; and for other purposes. By Representatives Peake of the 141st, Hitchens of the 161st, Hatchett of the 150th, Ramsey of the 72nd, Coomer of the 14th and others: A BILL to be entitled an Act to amend Code Section 16-12-1.1 of the O.C.G.A., relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations, so as to provide for exceptions for persons otherwise issued licenses as provided by law; to amend Chapter 1A of Title 20 of the O.C.G.A., relating to early care and learning; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Clark of the 101st, Coleman of the 97th, Tankersley of the 160th, Kaiser of the 59th, Morgan of the 39th and others: A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to revise terminology relating to early care and learning; to TUESDAY, MARCH 5, 2013 1075 HB 361. HB 362. HB 365. require the Department of Early Care and Learning to provide certain information to owners of early care and education programs; to authorize the department to administer certain programs; to expand the purposes of the "Georgia Professional Standards Act;"; to authorize the Professional Standards Commission to perform certain functions and services with respect to early care and education program personnel if funding is available; to provide for statutory construction; to amend various other titles of the O.C.G.A., for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; to repeal conflicting laws; and for other purposes. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13, 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 bonds for public works contracts, competitive award requirements, and 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 for an effective date and applicablity; to repeal conflicting laws; and for other purposes. By Representatives Hitchens of the 161st, Wilkinson of the 52nd, Atwood of the 179th, Lumsden of the 12th, Watson of the 166th and others: A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in 1076 JOURNAL OF THE SENATE HB 435. HB 444. HB 471. HB 472. passenger vehicles, so as to modify the definition of the term "passenger vehicle" to which the safety belt law applies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Lindsey of the 54th, Jones of the 47th, Geisinger of the 48th, Martin of the 49th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3537), so as to change the compensation of the chief judge of the court; to provide for duties of the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Rice of the 95th and others: A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to increase the amount of such supplement for the judges of the superior court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Meadows of the 5th and Jasperse of the 11th: A BILL to be entitled an Act to authorize the governing authority of the City of Calhoun to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Meadows of the 5th and Jasperse of the 11th: A BILL to be entitled an Act to authorize the governing authority of Gordon 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. TUESDAY, MARCH 5, 2013 1077 The following Senate legislation was introduced, read the first time and referred to committee: SB 246. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to require the State Construction Industry Licensing Board to provide for reciprocity with other states in the licensing of electrical contractors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 247. By Senator Staton of the 18th: A BILL to be entitled an Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved August 23, 1972 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4299), so as to change provisions relating to the certification and levy of the school tax; to provide that the board of education shall furnish a copy of the final school budget to the governing authority of Macon-Bibb County for review and approval; to provide for a referendum; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 248. By Senators Tate of the 38th, Orrock of the 36th, James of the 35th and Fort of the 39th: 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. 1078 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 34. By Representatives Parsons of the 44th and Smith of the 134th: 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. Referred to the Finance Committee. HB 36. By Representatives Watson of the 166th, Burns of the 159th, Stephens of the 164th, Bryant of the 162nd, Dutton of the 157th and others: A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to game and fish definitions, so as to revise the definition of "game fish"; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 45. By Representative Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 94. By Representatives Welch of the 110th, Lindsey of the 54th and Willard of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages, so as to change provisions relating to the reduction of earnings to present value; to provide for determining the present value of certain future TUESDAY, MARCH 5, 2013 1079 damages; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 124. By Representatives Harrell of the 106th, Taylor of the 79th, Powell of the 32nd, Fludd of the 64th, Cooke of the 18th and others: A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that an election in which the votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 125. By Representatives Hightower of the 68th, Golick of the 40th, Jasperse of the 11th and Clark of the 98th: A BILL to be entitled an Act to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to provide for a certain affidavit for persons under 18 years of age to be executed after attaining the age of 18; to provide requirements for the submission of documents; to provide that certain documents may be submitted by facsimile; to provide exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. HB 127. By Representatives Powell of the 171st, Meadows of the 5th, England of the 116th, Hamilton of the 24th, Nix of the 69th and others: 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. Referred to the Appropriations Committee. 1080 JOURNAL OF THE SENATE HB 131. By Representatives Clark of the 101st, Coleman of the 97th, Kaiser of the 59th, Jones of the 47th, Taylor of the 173rd 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 define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 139. By Representatives Hamilton of the 24th, Carter of the 175th, Powell of the 32nd, Talton of the 147th, Jasperse of the 11th 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 regarding sheriffs, so as to revise the general qualification requirements for sheriffs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 146. By Representatives Weldon of the 3rd, Willard of the 51st and Mabra of the 63rd: A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the issuance of arrest and search warrants by video conference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. HB 192. By Representatives Kidd of the 145th and Sharper of the 177th: A BILL to be entitled an Act to amend Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, so as to provide that podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. TUESDAY, MARCH 5, 2013 1081 HB 199. By Representatives Lindsey of the 54th and Smith of the 70th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to the water supply division of the Georgia Environmental Finance Authority, so as to expand the Georgia Reservoir Fund; to amend Article 6 of Chapter 5 of Title 12 of the O.C.G.A., relating to water supply, so as to revise a definition and correct a cross-reference; to amend Code Section 36-91-100 of the O.C.G.A., relating to definitions relative to local public works bidding, so as to revise a definition; to amend Part 1 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to general provisions relative to the Georgia Environmental Finance Authority, so as to revise definitions and correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 207. By Representatives Shaw of the 176th, Roberts of the 155th, Tankersley of the 160th, Williams of the 168th, Nimmer of the 178th 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 licenses, permits, and stamps for hunting, trapping, or fishing, so as to provide a definition; to authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits for wildlife, so as to provide for an extended turkey season for young and mobility impaired hunters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 224. By Representatives Sims of the 169th and Roberts of the 155th: A BILL to be entitled an Act to reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities of the chairperson, a vice chairperson, and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, and compensation and expenses of commissioners; to provide for submission for approval pursuant to the federal Voting Rights Act of 1965; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1082 JOURNAL OF THE SENATE HB 229. By Representatives Teasley of the 37th, Shaw of the 176th, Golick of the 40th, Taylor of the 173rd, Carson of the 46th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide for removing the insurer annual publication requirement; to provide that the Commissioner shall provide on the department's website a financial summary position of each insurer; to provide for changes to the submission of reports by property and casualty insurers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 256. By Representatives Harbin of the 122nd, Willard of the 51st, Powell of the 32nd, Pruett of the 149th and Abrams of the 89th: A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to provide for the regulation of cigar wraps; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 268. By Representatives Harden of the 148th, England of the 116th, Jasperse of the 11th, Burns of the 159th, Williams of the 119th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the O.C.G.A., relating to dealers in agricultural products generally, so as to remove cotton and eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. TUESDAY, MARCH 5, 2013 1083 HB 271. By Representatives Neal of the 2nd, Lindsey of the 54th, Meadows of the 5th, Oliver of the 82nd, Abrams of the 89th and others: A BILL to be entitled an Act to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, so as to revise definitions; to clarify provisions relating to record restriction involving certain felony offenses; to change provisions relating to the application of the Code section to arrests occurring prior to July 1, 2013; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. HB 296. By Representatives Powell of the 32nd, Ramsey of the 72nd, Talton of the 147th, Jackson of the 128th and Atwood of the 179th: 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 the Department of Revenue to establish certain procedures and to promulgate rules and regulations; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 297. By Representatives Buckner of the 137th, Smith of the 134th, Pezold of the 133rd and Teasley of the 37th: A BILL to be entitled an Act to amend Code Section 50-3-54 of the Official Code of Georgia Annotated, relating to the state wild flower, so as to designate the native azalea as the state wild flower; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 310. By Representative Wilkinson of the 52nd: 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 definitions; to provide for the method of filing certain disclosure reports; to provide for the method of notifying candidates of late fees due; to eliminate the 1084 JOURNAL OF THE SENATE grace period on certain reports; to provide for the notice of dissolution of a campaign or committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 317. By Representatives Cooper of the 43rd, Watson of the 166th, Rynders of the 152nd, Jones of the 53rd and Sims of the 123rd: 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 the "Medical Practice Act of the State of Georgia," so as to provide for administrative medicine licenses; to provide for definitions; to provide for requirements; to provide for board rules; to provide for educational certificates for out-of-state physicians to participate in educational training in this state that requires patient care; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 332. By Representatives Williamson of the 115th, Hamilton of the 24th, Cooper of the 43rd, Watson of the 166th, Williams of the 119th 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 reconstitute the Georgia Board of Nursing; to provide for membership; to provide for appointment of members; to define a certain term; to repeal the Georgia Board of Examiners of Licensed Practical Nurses; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 337. By Representatives Fleming of the 121st, Carter of the 175th, Cooper of the 43rd, Coleman of the 97th, Frye of the 118th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to TUESDAY, MARCH 5, 2013 1085 fill such prescriptions; 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 345. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 350. By Representatives Peake of the 141st, Hitchens of the 161st, Hatchett of the 150th, Ramsey of the 72nd, Coomer of the 14th and others: A BILL to be entitled an Act to amend Code Section 16-12-1.1 of the O.C.G.A., relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations, so as to provide for exceptions for persons otherwise issued licenses as provided by law; to amend Chapter 1A of Title 20 of the O.C.G.A., relating to early care and learning; 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 354. By Representatives Clark of the 101st, Coleman of the 97th, Tankersley of the 160th, Kaiser of the 59th, Morgan of the 39th and others: A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to revise terminology relating to early care and learning; to require the Department of Early Care and Learning to provide certain information to owners of early care and education programs; to authorize the department to administer certain programs; to expand the purposes of the "Georgia Professional Standards Act;"; to authorize the Professional Standards Commission to perform certain functions and services with respect to early care and education program personnel if funding is available; to provide for statutory construction; to amend various other titles of the O.C.G.A., for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. 1086 JOURNAL OF THE SENATE HB 361. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 362. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13, 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 bonds for public works contracts, competitive award requirements, and 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 for an effective date and applicablity; to repeal conflicting laws; and for other purposes. Referred to the Urban Affairs Committee. HB 365. By Representatives Hitchens of the 161st, Wilkinson of the 52nd, Atwood of the 179th, Lumsden of the 12th, Watson of the 166th and others: A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to modify the definition of the term "passenger vehicle" to which the safety belt law applies; 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. TUESDAY, MARCH 5, 2013 1087 HB 435. By Representatives Willard of the 51st, Lindsey of the 54th, Jones of the 47th, Geisinger of the 48th, Martin of the 49th and others: A BILL to be entitled an Act to amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3537), so as to change the compensation of the chief judge of the court; to provide for duties of the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 444. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Rice of the 95th and others: A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to increase the amount of such supplement for the judges of the superior 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 471. By Representatives Meadows of the 5th and Jasperse of the 11th: A BILL to be entitled an Act to authorize the governing authority of the City of Calhoun 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 472. By Representatives Meadows of the 5th and Jasperse of the 11th: A BILL to be entitled an Act to authorize the governing authority of Gordon 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. 1088 JOURNAL OF THE SENATE The following legislation was read the second time: HB 59 SB 165 SB 226 SB 236 HB 255 SB 170 SB 227 SB 241 HR 281 SB 172 SB 228 SB 242 SB 62 SB 177 SB 229 SB 243 SB 113 SB 206 SB 231 SR 293 SB 144 SB 225 SB 234 SR 371 Senator McKoon of the 29th asked unanimous consent that Senator Millar of the 40th be excused. The consent was granted, and Senator Millar 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 Davenport of the 44th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Tolleson of the 20th Jackson of the 2nd Thompson of the 33rd The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Gooch Harbison Harper Heath Hill, H Hill, Jack Hufstetler Jackson, B James Jeffares Jones, B Jones, E Ligon Loudermilk Lucas McKoon Miller Mullis Murphy Orrock Shafer Sims Staton Stone Tate Thompson, C Tippins Unterman Wilkinson Williams Not answering were Senators: Golden (Excused) Jackson, L. (Excused) Seay (Excused) Henson Millar (Excused) Thompson, S. (Excused) Hill, Judson Ramsey (Excused) Tolleson (Excused) TUESDAY, MARCH 5, 2013 1089 The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Carter of the 42nd introduced the chaplain of the day, Mr. Bill Bolling of Atlanta, Georgia, who offered scripture reading and prayer. Senator Bethel of the 54th recognized and congratulated the Dalton High School boys swimming and diving team on their 2013 Class AAAAA State Championship win, commended by SR 382, adopted previously. Head Coach Charles Todd addressed the Senate briefly. Senator Miller of the 49th introduced the doctor of the day, Dr. James L. Smith. The following resolutions were read and adopted: SR 430. By Senators Carter of the 42nd, Wilkinson of the 50th, Harper of the 7th, Ginn of the 47th and Crosby of the 13th: A RESOLUTION recognizing and commending the Georgia school districts participating in the Farm to School 5 Million Meals Campaign; and for other purposes. SR 431. By Senators Henson of the 41st, Jackson of the 2nd, Thompson of the 33rd, Ramsey, Sr. of the 43rd, Fort of the 39th and others: A RESOLUTION recognizing and commending the Junior Leagues of Georgia State Public Affairs Committee; and for other purposes. SR 432. By Senator James of the 35th: A RESOLUTION honoring the life and memory of Emmanuel Nwosu; and for other purposes. SR 433. By Senator Golden of the 8th: A RESOLUTION honoring the life and memory of Mr. Larry Colson; and for other purposes. SR 434. By Senator Unterman of the 45th: A RESOLUTION commending the March of Dimes and recognizing March 13, 2013, as March of Dimes Day at the state capitol; and for other purposes. 1090 JOURNAL OF THE SENATE SR 435. By Senator Ligon, Jr. of the 3rd: A RESOLUTION recognizing and commending Mr. John Lane on his induction into the Georgia Radio Hall of Fame; and for other purposes. SR 436. By Senator Shafer of the 48th: A RESOLUTION congratulating Mr. Leo Wells, Jr., and Mrs. Mary Nell Wells on the occasion of their 70th wedding anniversary on April 20, 2013; and for other purposes. Senator Hill of the 32nd moved to engross SB 99, which was on today's Senate Rules Calendar. On the motion, there was no objection, and SB 99 was engrossed. Senator Hill of the 32nd moved to engross SB 145, which was on today's Senate Rules Calendar. On the motion, there was no objection, and SB 145 was engrossed. SENATE RULES CALENDAR TUESDAY, MARCH 5, 2013 TWENTY-NINTH LEGISLATIVE DAY SB 1 SB 99 SB 116 SR 378 SB 145 SB 155 SB 163 Child's Health Insurance Information and Records; provide that both parents have equal access (Substitute)(I&L-3rd) Taxation/Revenue; allow such taxes to be imposed at a rate of less than 1 percent (FIN-32nd) Homicide by Vehicle; increase the penalty (JUDYNC-5th) General Assembly; provide by law; dedication of revenues collected; sale of fireworks; funding of trauma care/firefighter services in state of GeorgiaCA (I&L-53rd) Agritourism; add farm weddings to the definition (Substitute)(FIN-31st) Georgia Higher Education Assistance Corporation; change membership to accommodate Fourteenth Congressional District (H ED-51st) Community Health Dept.; required to study and identify options for Medicaid reform (H&HS-3rd) TUESDAY, MARCH 5, 2013 1091 SB 178 Georgia Legislative Retirement System; define a certain term; broaden certain provision (Substitute)(RET-40th) SB 181 Georgia History Month; declare September of each year (GvtO-54th) SB 185 Banking; secured transactions; change/provide for definitions; electronic chattel paper; provisions (JUDY-23rd) SB 204 Appeal and Error; limit the scope of judgments/orders; child custody cases; direct appeal (Substitute)(JUDY-46th) SB 207 Probation of First Offenders; person disqualified from employment when discharged as felony offender; add private home care providers to list (PUB SAF-56th) SB 212 Education; require schools to provide training in cardiopulmonary resuscitation (Substitute)(ED&Y-53rd) SB 216 Pharmacies; provide that medical director of an emergency service provider may contract with more than one pharmacy (PUB SAF-1st) SB 224 Invest Georgia Fund; create (I&L-8th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 1. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Shafer of the 48th, Cowsert of the 46th and Albers of the 56th: A BILL to be entitled an Act to amend Title 33 and Title 19 of the Official Code of Georgia Annotated, relating respectively to insurance and domestic relations, so as to provide that both parents shall have equal access to the child's health insurance information and records; to provide for exceptions; to provide for parenting plans to include that both parents have access to health insurance information and records; 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 1: 1092 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Titles 33 and 19 of the Official Code of Georgia Annotated, relating respectively to insurance and domestic relations, so as to provide that both parents shall have equal access to their child's health insurance information and records; to provide for exceptions; to provide for certain immunity; to provide for parenting plans to include that both parents have access to health insurance information and 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code section to read as follows: "33-24-59.16. (a) As used in this Code section, the term: (1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including, but not limited to, those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer. (2) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, preferred provider organization, provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies. (b) An insurer shall provide a parent of a child the right to inspect, review, or attain copies of heath insurance records relating to his or her own child; provided, however, that if the parent making such request is not the named insured or owner of such policy, he or she shall provide the insurer a certified copy of his or her divorce decree, a parenting plan pursuant to Code Section 19-9-1, or other court document establishing that the parent may have access to such records. (c) Health insurance records and information pertaining to the child shall not be withheld from the custodial parent or from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. (d) In the absence of fraud or bad faith, the insurer shall not be subject to liability for furnishing information and records requested pursuant to subsection (b) of this Code section." SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising paragraph (1) of subsection (b) of Code Section 19-9-1, relating to TUESDAY, MARCH 5, 2013 1093 requirements for parenting plans, as follows: "(b)(1) Unless otherwise ordered by the judge, a parenting plan shall include the following: (A) A recognition that a close and continuing parent-child relationship and continuity in the child's life will be in the child's best interest; (B) A recognition that the child's needs will change and grow as the child matures and demonstrate that the parents will make an effort to parent that takes this issue into account so that future modifications to the parenting plan are minimized; (C) A recognition that a parent with physical custody will make day-to-day decisions and emergency decisions while the child is residing with such parent; and (D) That both parents will have access to all of the child's records and information, including, but not limited to, education, health, health insurance, extracurricular activities, and religious communications." 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn E Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone N Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 1094 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 3. SB 1, having received the requisite constitutional majority, was passed by substitute. Senator Henson of the 41st recognized the Georgia based American Association of Adapted Sports Programs, the Georgia High School Association, and their collective school system members for their national leadership in the area of standardized adapted athletics for students with disabilities, commended by SR 421, adopted previously. Senator Hill of the 4th recognized the Georgia Southern University ROTC Program's 2013 Ranger Challenge Team on their victory at the Regional Ranger Challenge competition, commended by SR 417, adopted previously. Cadet Julian Holmes addressed the Senate briefly. The Calendar was resumed. SB 99. By Senators Hill of the 32nd, Gooch of the 51st, Staton of the 18th, Chance of the 16th, Loudermilk of the 14th and others: 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. The report of the committee, which was favorable to the passage 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 Beach N Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Harbison Y Harper Y Heath Henson Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone Y Tate TUESDAY, MARCH 5, 2013 1095 Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar 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 99, having received the requisite constitutional majority, was passed. SB 116. By Senators Thompson of the 5th, Stone of the 23rd, Unterman of the 45th, Tate of the 38th and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, so as to increase the penalty for homicide by vehicle in the second degree from a misdemeanor to a misdemeanor of a high and aggravated nature; 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: N Albers Y Balfour N Beach Y Bethel N Burke Y Butler N Carter, B Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis N Dugan Y Harbison Y Harper N Heath Y Henson Y Hill, H Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James N Jeffares N Jones, B Y Jones, E N Ligon Y Miller Y Mullis N Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S N Tippins Y Tolleson 1096 JOURNAL OF THE SENATE Fort N Ginn Y Golden N Gooch N Loudermilk Y Lucas N McKoon E Millar Y Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 32, nays 18. SB 116, having received the requisite constitutional majority, was passed. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. SR 378. By Senators Mullis of the 53rd, Staton of the 18th, Miller of the 49th, Albers of the 56th, Wilkinson of the 50th 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph to read as follows: "(o) The General Assembly is authorized to provide by general law for the dedication of funds to provide for trauma care and firefighter services in Georgia. Such dedicated funding shall be provided by funds collected from the sale of fireworks and any other source that the General Assembly may provide by general law. The General Assembly may provide by general law for the dedication and deposit of revenues raised from fireworks and other specified sources for the purposes of funding trauma care and firefighter services. Moneys collected from the sale of fireworks shall be exclusively used for the provision of trauma care and firefighter training in this state. Contributions and revenues deposited for such purposes shall not lapse and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II." TUESDAY, MARCH 5, 2013 1097 SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly by law to dedicate revenues for the funding of trauma ( ) NO care and firefighter services in the State of Georgia?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Unterman of the 45th offered the following amendment #1: Amend line 27 of SR 378 by adding after the word "revenues", generated by the sale of fireworks On the adoption of the amendment, the yeas were 10, nays 20, and the Unterman amendment #1 was lost. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Carter, B Y Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Harbison Y Harper N Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon N Loudermilk Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson N Unterman 1098 JOURNAL OF THE SENATE Y Ginn Y Golden Y Gooch Y Lucas Y McKoon E Millar Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 44, nays 5. SR 378, having received the requisite two-thirds constitutional majority, was adopted. SB 145. By Senators Heath of the 31st, Williams of the 19th and Harper of the 7th: 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 add farm weddings to the definition of agritourism; 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 145: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that farm weddings shall not constitute a breach of covenant; 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 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by revising subsection (p) by deleting "or" at the end of paragraph (6), replacing the period at the end of subparagraph (p)(7)(B) with "; or", and adding a new paragraph to read as follows: "(8) Allowing all or part of the property which has been subject to a covenant for at least one year to be used as a site for farm weddings." 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. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. TUESDAY, MARCH 5, 2013 1099 The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 46, nays 2. SB 145, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Committees: Senator Tyler Harper Agriculture and Consumer Affairs District 7 Natural Resources and the Environment 301-B Coverdell Legislative Office Building Public Safety Atlanta, GA 30334 Retirement The State Senate Atlanta, Georgia 30334 3/5/13 1100 JOURNAL OF THE SENATE Mr. SecretaryI inadvertently missed the vote on SB 145. I wish to be recorded as a Yes vote. Sincerely, /s/ Tyler Harper 7th At 11:51 a.m. the President announced that the Senate would stand at ease until 1:30 p.m. At 1:30 p.m. the President called the Senate to order. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in 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 266. By Representative Peake of the 141st: 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. The Speaker has appointed on the part of the House, Representatives O`Neal of the 146th, Peake of the 141st, and Rice of the 95th. The following Senators were excused as conferees: Chance of the 16th Hill of the 4th Shafer of the 48th The Calendar was resumed. SB 155. By Senators Gooch of the 51st, Cowsert of the 46th, Ginn of the 47th, Murphy of the 27th, Wilkinson of the 50th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, TUESDAY, MARCH 5, 2013 1101 so as to change the membership of the Georgia Higher Education Assistance Corporation to accommodate the Fourteenth Congressional District; to change the membership of the Georgia Student Finance Authority; 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 Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J C Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B E Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone 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. SB 155, having received the requisite constitutional majority, was passed. SB 163. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Millar of the 40th, Loudermilk of the 14th, McKoon of the 29th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Community Health to study and identify options for Medicaid reform; to provide for a report on findings and recommendations; to provide for related matters; to repeal conflicting laws; and for other purposes. 1102 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J C Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler N Jackson, B E Jackson, L James Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar On the passage of the bill, the yeas were 39, nays 10. Y Miller Y Mullis Y Murphy N Orrock N Ramsey Seay Y Shafer N Sims Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 163, having received the requisite constitutional majority, was passed. SB 178. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Article 6 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and death benefits under the Georgia Legislative Retirement System, so as to define a certain term; to broaden a certain provision prohibiting a person receiving a pension under such retirement system from accepting public employment; to provide that the board of trustees of such retirement system shall have the authority to provide for the time and circumstances of paying benefits as necessary to comply with federal law; to repeal conflicting laws; and for other purposes. Senator Staton of the 18th asked unanimous consent that SB 178 be postponed to Thursday, March 7, 2013. The consent was granted, and SB 178 was postponed to Thursday, March 7, 2013 and pursuant to Senate Rule 6-5.4, the legislation will be placed on the Senate Rules Calendar for March 7, 2013. TUESDAY, MARCH 5, 2013 1103 Senator Golden of the 8th was excused for business outside the Senate Chamber. SB 181. By Senators Bethel of the 54th, Chance of the 16th, Thompson of the 33rd and Staton of the 18th: A BILL to be entitled an Act to amend Code Section 1-4-3 of the Official Code of Georgia Annotated, relating to American History Month and Georgia History Month, so as to declare September of each year to be Georgia History Month; 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 Balfour Y Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J C Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Ginn E Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 0. SB 181, having received the requisite constitutional majority, was passed. Senator Jackson of the 24th was excused for business outside the Senate Chamber. SB 185. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend Article 9 of Title 11 of the O.C.G.A., relating to secured transactions, so as to modernize the article; to change and 1104 JOURNAL OF THE SENATE provide for definitions; to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets considered in determining financial condition of insurers, generally, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage 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 Beach Bethel Y Burke Y Butler Y Carter, B Y Carter, J C Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn E Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 0. SB 185, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 266. By Representative Peake of the 141st: 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 TUESDAY, MARCH 5, 2013 1105 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. Senator Staton of the 18th asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 266 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, Hill of the 32nd and Unterman of the 45th. At 2:15 p.m. the President announced that the Senate would stand at ease until 3:00 p.m. At 3:00 p.m. the President called the Senate to order. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. The Calendar was resumed. SB 204. By Senators Cowsert of the 46th and McKoon of the 29th: A BILL to be entitled an Act to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, so as to limit the scope of judgments or orders in child custody cases which are subject to direct appeal; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 204: A BILL TO BE ENTITLED AN ACT To amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, so as to limit the scope of judgments or orders in child custody cases which are subject to direct appeal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1106 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, is amended by revising paragraph (11) of subsection (a) as follows: "(11) All judgments or orders in child custody cases including, but not limited to, awarding or, refusing to change, or modifying child custody or holding or declining to hold persons in contempt of such child custody judgment or orders; and" 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman TUESDAY, MARCH 5, 2013 1107 Y Ginn E Golden Y Gooch Y Lucas Y McKoon E Millar Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 204, having received the requisite constitutional majority, was passed by substitute. SB 207. By Senators Albers of the 56th, Stone of the 23rd, McKoon of the 29th, Shafer of the 48th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to add private home care providers to the list of persons who may be disqualified from employment when discharged as a felony offender under a first offender plea; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas McKoon E Millar Y Miller Y Mullis N Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 1108 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 47, nays 4. SB 207, having received the requisite constitutional majority, was passed. At 3:29 p.m. the President announced that the Senate would stand at ease until 4:15 p.m. At 4:15 p.m. the President called the Senate to order. Senator Mullis of the 53rd commended Chipper Jones and recognized March 5, 2013, as Chipper Jones Day at the capitol, commended by SR 419, adopted previously. Chipper Jones addressed the Senate briefly. Senator Fort of the 39th was excused for business outside the Senate Chamber. The following Senators were excused as conferees: Hill of the 32nd Unterman of the 45th The following bill was taken up to consider the Conference Committee Report thereto: HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). The Conference Committee Report was as follows: The Committee of Conference on HB 105 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 105 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 4th /s/ Senator Chance of the 16th /s/ Senator Shafer of the 48th /s/ Representative Jones of the 47th /s/ Representative England of the 116th /s/ Representative O`Neal of the 146th TUESDAY, MARCH 5, 2013 1109 CONFERENCE COMMITTEE SUBSTITUTE A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at page 1 of 175), so as to make, provide, and change certain 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 An Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012 (Ga. L. 2012, Volume One, Appendix, commencing at Page 1 of 175), is amended by striking everything following the Part I designation through Section 56 and by substituting in lieu thereof the following: "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 $40,265,395,425 $11,626,118,995 $93,676,129 $102,672,024 $14,141,291 $15,977,927 $1,143,641,430 $73,000,590 $51,766,614 $20,886,897 $5,901,533,837 $47,141,096 $2,141,120 $89,752,473 $333,550,998 1110 JOURNAL OF THE SENATE 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 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 $9,551,600 $346,977,739 $3,379,707,230 $125,727,073 $8,525,193 $241,475 $13,704,454 $103,255,951 $5,545,352,445 $2,979,296,849 $139,386,524 $380,371,017 $18,424,010 $435,771 $2,027,438,274 $19,325,217,673 $2,396,580 $234,968,478 $866,365,210 $983,293,108 $167,756,401 $16,917,085,118 $153,352,778 $3,642,979,239 $3,090,119,428 $280,857,262 $69,525,660 $49,269,674 $153,207,215 Section 1: Georgia Senate Total Funds State Funds State General Funds 1.1. Lieutenant Governor's Office Total Funds $10,193,044 $10,193,044 $10,193,044 $1,184,398 TUESDAY, MARCH 5, 2013 1111 State Funds $1,184,398 State General Funds $1,184,398 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,212,241 $1,212,241 Reduce funds for operating expenses. ($27,843) ($27,843) Amount appropriated in this Act $1,184,398 $1,184,398 1.2. Secretary of the Senate's Office Total Funds $1,103,477 State Funds $1,103,477 State General Funds $1,103,477 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,114,623 $1,114,623 Reduce funds for operating expenses. ($11,146) ($11,146) Amount appropriated in this Act $1,103,477 $1,103,477 1.3. Senate Total Funds $6,916,002 State Funds $6,916,002 State General Funds $6,916,002 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,048,447 $7,048,447 Reduce funds for operating expenses. ($132,445) ($132,445) Amount appropriated in this Act $6,916,002 $6,916,002 1.4. Senate Budget and Evaluation Office Purpose: The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. Total Funds $989,167 State Funds $989,167 State General Funds $989,167 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1112 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 742) Reduce funds for operating expenses. Amount appropriated in this Act State Funds $999,159 ($9,992) $989,167 Total Funds $999,159 ($9,992) $989,167 Section 2: Georgia House of Representatives Total Funds State Funds State General Funds $18,241,875 $18,241,875 $18,241,875 2.1. House of Representatives Total Funds $18,241,875 State Funds $18,241,875 State General Funds $18,241,875 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $18,631,809 $18,631,809 Reduce funds for operating expenses. ($389,934) ($389,934) Amount appropriated in this Act $18,241,875 $18,241,875 Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds $9,786,474 $9,786,474 $9,786,474 3.1. Ancillary Activities Purpose: The purpose of this appropriation is to provide services for the legislative branch of government. Total Funds $4,609,666 State Funds $4,609,666 State General Funds $4,609,666 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,807,892 $4,807,892 Reduce funds to reflect an adjustment in property liability premiums. ($2,900) ($2,900) TUESDAY, MARCH 5, 2013 1113 Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Amount appropriated in this Act $21,029 ($216,355) $4,609,666 $21,029 ($216,355) $4,609,666 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 $2,267,255 State Funds $2,267,255 State General Funds $2,267,255 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,290,157 $2,290,157 Reduce funds for operating expenses. ($22,902) ($22,902) Amount appropriated in this Act $2,267,255 $2,267,255 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 $2,909,553 State Funds $2,909,553 State General Funds $2,909,553 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,938,942 $2,938,942 Reduce funds for operating expenses. ($29,389) ($29,389) Amount appropriated in this Act $2,909,553 $2,909,553 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 $29,984,852 $248,710 $248,710 $29,646,142 $29,646,142 $90,000 $90,000 1114 JOURNAL OF THE SENATE 4.1. Audit and Assurance Services Purpose: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. Total Funds $26,022,858 Other Funds $248,710 Other Funds - Not Specifically Identified $248,710 State Funds $25,684,148 State General Funds $25,684,148 Intra-State Government Transfers $90,000 Other Intra-State Government Payments $90,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $26,482,810 $26,821,520 Reduce funds to reflect an adjustment in property liability premiums. ($378) ($378) Reflect an adjustment in telecommunications expenses. $5,083 $5,083 Reduce funds for personal services. ($600,779) ($600,779) Reduce funds for operating expenses. ($202,588) ($202,588) Amount appropriated in this Act $25,684,148 $26,022,858 4.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all Department programs. Total Funds $1,639,413 State Funds $1,639,413 State General Funds $1,639,413 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,639,202 $1,639,202 TUESDAY, MARCH 5, 2013 1115 Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act ($17) $228 $1,639,413 ($17) $228 $1,639,413 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 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 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 $2,055,020 State Funds $2,055,020 State General Funds $2,055,020 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,060,650 $2,060,650 Reduce funds to reflect an adjustment in property liability premiums. ($30) ($30) Reflect an adjustment in telecommunications expenses. $400 $400 Reduce funds for contractual services. ($6,000) ($6,000) 1116 JOURNAL OF THE SENATE Amount appropriated in this Act $2,055,020 $2,055,020 Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $14,268,377 $150,000 $150,000 $14,118,377 $14,118,377 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 $14,268,377 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $14,118,377 State General Funds $14,118,377 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $14,106,000 $14,256,000 Reduce funds to reflect an adjustment in property liability premiums. ($867) ($867) Reflect an adjustment in telecommunications expenses. $2,785 $2,785 Increase funds to reflect an adjustment in real estate rentals. $10,459 $10,459 Amount appropriated in this Act $14,118,377 $14,268,377 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 $15,888,387 $2,552,935 $2,552,935 $1,144,998 $876,093 $268,905 $12,190,454 TUESDAY, MARCH 5, 2013 1117 State General Funds $12,190,454 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 $431,463 State Funds $431,463 State General Funds $431,463 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $431,821 $431,821 Reflect an adjustment in telecommunications expenses. ($358) ($358) Amount appropriated in this Act $431,463 $431,463 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $172,890 Reflect an adjustment in telecommunications expenses. $0 $0 Amount appropriated in this Act $0 $172,890 6.3. Georgia Statewide Judiciary e-Filing Purpose: The purpose of this appropriation is to provide for the development and implementation of civil e-filing in all classes of court throughout the judiciary statewide. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1118 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 742) Amount appropriated in this Act State Funds $0 $0 Total Funds $0 $0 6.4. 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 6.5. 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 $12,908,619 Federal Funds and Grants $2,552,935 Federal Funds Not Specifically Identified $2,552,935 Other Funds $268,905 Other Funds - Not Specifically Identified $268,905 State Funds $10,086,779 State General Funds $10,086,779 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $10,218,036 $13,039,876 Reduce funds to reflect an adjustment in property liability premiums. ($768) ($768) Reflect an adjustment in telecommunications expenses. ($28,309) ($28,309) Reduce funds. ($102,180) ($102,180) Amount appropriated in this Act $10,086,779 $12,908,619 TUESDAY, MARCH 5, 2013 1119 6.6. 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 $410,423 State Funds $410,423 State General Funds $410,423 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $512,215 $512,215 Reflect an adjustment in telecommunications expenses. ($1,792) ($1,792) Reduce funds for an investigative staff attorney position that was funded in HB 742 (2012 Session) and has not been hired. ($100,000) ($100,000) Amount appropriated in this Act $410,423 $410,423 6.7. 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 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $7,205,618 $447,456 $447,456 $6,758,162 $6,758,162 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 $1,901,223 1120 JOURNAL OF THE SENATE Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 State Funds $1,453,767 State General Funds $1,453,767 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,470,066 $1,917,522 Reduce funds to reflect an adjustment in property liability premiums. ($1,835) ($1,835) Reflect an adjustment in telecommunications expenses. $237 $237 Reduce funds. ($14,701) ($14,701) Amount appropriated in this Act $1,453,767 $1,901,223 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 $61,949,766 $1,802,127 $1,802,127 $60,147,639 $60,147,639 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 $185,580 State Funds $185,580 State General Funds $185,580 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $187,455 $187,455 TUESDAY, MARCH 5, 2013 1121 Reduce funds. Amount appropriated in this Act ($1,875) $185,580 ($1,875) $185,580 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 $55,884,189 Other Funds $1,802,127 Other Funds - Not Specifically Identified $1,802,127 State Funds $54,082,062 State General Funds $54,082,062 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $52,881,965 $54,684,092 Transfer funds from the Prosecuting Attorney's Council program to align expenditures in retirement premiums to the correct program. $1,125,097 $1,125,097 Increase funds for travel for district attorneys. (CC:YES) $75,000 $75,000 Amount appropriated in this Act $54,082,062 $55,884,189 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 $5,879,997 State Funds $5,879,997 State General Funds $5,879,997 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,005,291 $7,005,291 Reduce funds to reflect an adjustment in property liability premiums. ($197) ($197) Transfer funds to the District Attorneys program to align expenditures in retirement premiums to the correct program. ($1,125,097) ($1,125,097) Amount appropriated in this Act $5,879,997 $5,879,997 1122 JOURNAL OF THE SENATE Section 9: Superior Courts Total Funds State Funds State General Funds $61,093,909 $61,093,909 $61,093,909 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 $1,280,244 State Funds $1,280,244 State General Funds $1,280,244 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,291,377 $1,291,377 Reduce funds to reflect an adjustment in property liability premiums. ($40) ($40) Reflect an adjustment in telecommunications expenses. $416 $416 Increase funds to reflect an adjustment in real estate rentals. $1,405 $1,405 Reduce funds. ($12,914) ($12,914) Amount appropriated in this Act $1,280,244 $1,280,244 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 (HB 742) $2,336,893 $2,336,893 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 TUESDAY, MARCH 5, 2013 1123 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 (HB 742) $57,476,772 $57,476,772 Amount appropriated in this Act $57,476,772 $57,476,772 Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $10,928,047 $1,859,823 $1,859,823 $9,068,224 $9,068,224 10.1. Supreme Court of Georgia Purpose: The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions. Total Funds $10,928,047 Other Funds $1,859,823 Other Funds - Not Specifically Identified $1,859,823 State Funds $9,068,224 State General Funds $9,068,224 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $9,093,297 $10,953,120 Reflect an adjustment in telecommunications expenses. ($32,613) ($32,613) Increase funds to reflect an adjustment in real estate rentals. $7,540 $7,540 1124 JOURNAL OF THE SENATE Amount appropriated in this Act $9,068,224 $10,928,047 Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $19,416,127 $3,720,804 $3,720,804 $15,695,323 $15,695,323 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 $19,416,127 State Funds $3,720,804 State General Funds $3,720,804 Intra-State Government Transfers $15,695,323 Other Intra-State Government Payments $15,695,323 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,781,064 $19,476,387 Reduce funds to reflect an adjustment in property liability premiums. ($113) ($113) Reflect an adjustment in telecommunications expenses. ($36,715) ($36,715) Reduce funds for personal services. ($23,432) ($23,432) Amount appropriated in this Act $3,720,804 $19,416,127 Section 12: Administrative Services, Department of Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $189,280,817 $23,311,543 $15,363,076 $7,948,467 $4,107,574 $4,107,574 TUESDAY, MARCH 5, 2013 1125 Intra-State Government Transfers Other Intra-State Government Payments Self Insurance Trust Fund Payments $161,861,700 $8,654,485 $153,207,215 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. 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 $7,500 State Funds $7,500 State General Funds $7,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $337,355 $337,355 Reduce funds for HR 1160 (2012 Session) as it did not receive final passage. ($329,855) ($329,855) Amount appropriated in this Act $7,500 $7,500 12.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all department programs. Total Funds $5,729,732 Other Funds $5,729,732 Other Funds - Not Specifically Identified $5,729,732 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $5,729,732 Utilize existing funds for Team Georgia personal services and operating expenses and remit $350,000 to Treasury. (CC:YES) $0 $0 Amount appropriated in this Act $0 $5,729,732 12.3. 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 1126 JOURNAL OF THE SENATE 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 12.4. 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. Total Funds $8,654,485 Intra-State Government Transfers $8,654,485 Other Intra-State Government Payments $8,654,485 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 $153,707,215 State Funds $500,000 State General Funds $500,000 Intra-State Government Transfers $153,207,215 Self Insurance Trust Fund Payments $153,207,215 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $161,735,205 Reduce unemployment billings by $1,200,000 from $2,500,000 to $1,300,000 to reflect the actual amount billed to the Department of Behavioral Health and Developmental Disabilities. $0 ($1,200,000) Reduce billings for property liability by $7,327,990. $0 ($7,327,990) Increase funds for the Peace Officer's Indemnification Trust Fund. $500,000 $500,000 Amount appropriated in this Act $500,000 $153,707,215 TUESDAY, MARCH 5, 2013 1127 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 nonconstruction 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 $10,719,374 Other Funds $10,719,374 Agency Funds $10,719,374 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $10,319,374 Eliminate the additional payment to Treasury of $0 $0 $1,200,000 as required by HB 742 (2012 Session). (CC:Increase funds for payment to the State Treasury by $500,000 from $1,200,000 to $1,700,000 (Total Funds: $1,700,000).) 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. (CC:The Department is authorized to retain only $10,719,374 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.) $0 $400,000 Amount appropriated in this Act $0 $10,719,374 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 1128 JOURNAL OF THE SENATE 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 $39,506 State Funds $39,506 State General Funds $39,506 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $40,728 $40,728 Reduce funds for operating expenses. ($1,222) ($1,222) Amount appropriated in this Act $39,506 $39,506 12.9. 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 $4,042,562 Other Funds $1,300,805 Agency Funds $1,300,805 State Funds $2,741,757 State General Funds $2,741,757 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,929,938 $4,230,743 Reduce funds to reflect an adjustment in property liability premiums. ($71) ($71) Reduce funds for a vacant judge position and replace with a temporary position. ($78,110) ($78,110) Reduce funds for the Tax Court based on projected expenditures. ($110,000) ($110,000) Amount appropriated in this Act $2,741,757 $4,042,562 12.10. Office of the State Treasurer Purpose: The purpose of this appropriation is to set cash management policies for state TUESDAY, MARCH 5, 2013 1129 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 $3,342,897 Other Funds $3,342,897 Agency Funds $3,342,897 12.11. Payments to Georgia Aviation Authority Purpose: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property. Total Funds $818,811 State Funds $818,811 State General Funds $818,811 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,540,251 $1,540,251 Reduce funds to reflect an adjustment in property liability premiums. ($396) ($396) Reflect an adjustment in telecommunications expenses. $8,956 $8,956 Reduce funds for contractual services. (CC:Reduce funds based on projected expenditures.) ($730,000) ($730,000) Amount appropriated in this Act $818,811 $818,811 12.12. 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 (HB 742) $0 $0 Provide for a payment to the Office of the State Treasurer of $6,000,000. (CC:YES) $0 $0 Amount appropriated in this Act $0 $0 1130 JOURNAL OF THE SENATE 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 $50,166,802 $7,163,980 $7,163,980 $3,454,038 $3,454,038 $39,548,784 $39,548,784 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. Total Funds $2,830,387 State Funds $2,830,387 State General Funds $2,830,387 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,810,149 $2,810,149 Increase funds for the contract with the Board of Regents to reflect an increase in the employer share of health insurance. $9,508 $9,508 Increase funds for the contract with the Board of Regents to reflect an adjustment in the employer share of the Teachers Retirement System from 10.28% to 11.41%. $10,730 $10,730 Amount appropriated in this Act $2,830,387 $2,830,387 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; ensuring accurate commercial transactions by monitoring, inspecting, and regulating weights and TUESDAY, MARCH 5, 2013 1131 measures and fuel sales. Total Funds $31,696,180 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 $23,066,196 State General Funds $23,066,196 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $24,325,136 $32,955,120 Reflect an adjustment in telecommunications expenses. ($104,729) ($104,729) Reduce funds for real estate rentals to recognize savings from consolidating office space. ($140,239) ($140,239) Reduce funds for personal services as a result of crosstraining and staff reorganization in the program. ($355,765) ($355,765) Reduce funds for motor vehicle purchases. ($121,000) ($121,000) Transfer funds to the Marketing and Promotion program for farmers' market expenses resulting from consumer protection inspections. ($472,013) ($472,013) Reduce funds for operating expenses. ($65,194) ($65,194) Amount appropriated in this Act $23,066,196 $31,696,180 13.3. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department. Total Funds $4,355,416 State Funds $4,355,416 State General Funds $4,355,416 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,558,992 $4,558,992 Reduce funds to reflect an adjustment in property liability premiums. ($33,693) ($33,693) Reflect an adjustment in telecommunications expenses. ($27,863) ($27,863) Reduce funds for personal services as a result of crosstraining and staff reorganization in the program. ($142,020) ($142,020) Amount appropriated in this Act $4,355,416 $4,355,416 1132 JOURNAL OF THE SENATE 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 the Farmers and Consumers Market Bulletin. Total Funds $7,459,952 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 $5,471,918 State General Funds $5,471,918 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,991,729 $6,979,763 Reflect an adjustment in telecommunications expenses. ($43,043) ($43,043) Reduce funds for real estate rentals to recognize savings from consolidating office space. ($36,046) ($36,046) Reduce funds for personal services as a result of crosstraining and staff reorganization in the program. ($139,324) ($139,324) Eliminate contract funds for the Brussels office. ($81,882) ($81,882) Transfer funds from the Consumer Protection program for farmers' market expenses resulting from consumer protection inspections. $472,013 $472,013 Increase funds for operating expenses related to issuing Georgia Agricultural Tax Exemption certificates. $350,000 $350,000 Reduce funds for H1B/H2A Guest Worker Program. ($41,529) ($41,529) Amount appropriated in this Act $5,471,918 $7,459,952 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 $2,680,399 State Funds $2,680,399 State General Funds $2,680,399 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,763,298 $2,763,298 TUESDAY, MARCH 5, 2013 1133 Reduce funds for operating expenses. Amount appropriated in this Act ($82,899) $2,680,399 ($82,899) $2,680,399 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 $1,144,468 State Funds $1,144,468 State General Funds $1,144,468 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,284,739 $1,284,739 Reduce funds to reflect an adjustment in property liability premiums. ($1,729) ($1,729) Reduce funds for operating expenses. ($38,542) ($38,542) Reduce funds to recognize savings from energy efficiency investments and horse stable enhancements. ($100,000) ($100,000) Amount appropriated in this Act $1,144,468 $1,144,468 Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds $10,995,899 $10,995,899 $10,995,899 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 $218,040 State Funds $218,040 State General Funds $218,040 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $218,206 $218,206 Reflect an adjustment in telecommunications expenses. ($166) ($166) Amount appropriated in this Act $218,040 $218,040 1134 JOURNAL OF THE SENATE 14.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all department programs. Total Funds $1,987,487 State Funds $1,987,487 State General Funds $1,987,487 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,014,908 $2,014,908 Reduce funds to reflect an adjustment in property liability premiums. ($908) ($908) Reflect an adjustment in telecommunications expenses. ($1,513) ($1,513) Transfer funds for personal services to the NonDepository Financial Institution Supervision program. ($25,000) ($25,000) Amount appropriated in this Act $1,987,487 $1,987,487 14.3. Financial Institution Supervision Purpose: The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings. Total Funds $6,917,848 State Funds $6,917,848 State General Funds $6,917,848 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,215,024 $7,215,024 Reflect an adjustment in telecommunications expenses. ($5,489) ($5,489) Eliminate funds for one filled position and part-time labor, and hold two positions vacant. ($276,823) ($276,823) Reduce funds for operating expenses. ($3,890) ($3,890) Reduce funds for travel. ($10,974) ($10,974) Amount appropriated in this Act $6,917,848 $6,917,848 14.4. Non-Depository Financial Institution Supervision Purpose: The purpose of this appropriation is to protect consumers from unfair, deceptive TUESDAY, MARCH 5, 2013 1135 or fraudulent residential mortgage lending practices and money service businesses, protect consumers by licensing, regulating, and enforcing applicable laws and regulations, and providing efficient and flexible application, registrations and notification procedures for non-depository financial institutions. Total Funds $1,872,524 State Funds $1,872,524 State General Funds $1,872,524 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,908,973 $1,908,973 Reflect an adjustment in telecommunications expenses. ($1,449) ($1,449) Eliminate funds for part-time labor. ($38,488) ($38,488) Reduce funds for operating expenses. ($1,512) ($1,512) Eliminate contract funds for temporary labor. ($20,000) ($20,000) Transfer funds for personal services from the Departmental Administration program. $25,000 $25,000 Amount appropriated in this Act $1,872,524 $1,872,524 Section 15: Behavioral Health and Developmental Disabilities, Department of Total Funds $1,120,435,572 Federal Funds and Grants $143,796,869 Community Mental Health Services Block Grant $14,141,291 Medical Assistance Program $24,477,192 Prevention and Treatment of Substance Abuse Block Grant $46,889,589 Social Services Block Grant $35,981,142 Temporary Assistance for Needy Families Block Grant $11,568,720 Federal Funds Not Specifically Identified $10,738,935 Other Funds $65,795,073 Agency Funds $57,108,904 Other Funds - Not Specifically Identified $8,686,169 State Funds $908,423,920 State General Funds $898,168,782 Tobacco Settlement Funds $10,255,138 Intra-State Government Transfers $2,419,710 Other Intra-State Government Payments $2,419,710 15.1. Adult Addictive Diseases Services Purpose: The purpose of this appropriation is to provide a continuum of programs, 1136 JOURNAL OF THE SENATE services, and supports for adults who abuse alcohol and other drugs, and to provide assistance for compulsive gamblers. Total Funds $89,221,117 Federal Funds and Grants $44,990,790 Medical Assistance Program $200,000 Prevention and Treatment of Substance Abuse Block Grant $30,722,070 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 $43,795,124 State General Funds $43,795,124 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $45,076,146 $90,502,139 Reflect an adjustment in telecommunications expenses. $28,681 $28,681 Transfer funds to the Adult Forensic Services program to properly align program purpose and expenditures. ($1,231,428) ($1,231,428) Reduce state funds to reflect a one-time credit from the Employees' Retirement System. ($78,275) ($78,275) Amount appropriated in this Act $43,795,124 $89,221,117 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. Total Funds $327,497,291 Federal Funds and Grants $37,922,210 Medical Assistance Program $11,778,039 Social Services Block Grant $26,144,171 Other Funds $38,787,669 Agency Funds $35,339,769 Other Funds - Not Specifically Identified $3,447,900 State Funds $250,787,412 State General Funds $240,532,274 Tobacco Settlement Funds $10,255,138 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1137 Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Reduce state funds to reflect a one-time credit from the Employees' Retirement System. Replace state funds with Medicaid Upper Payment Limit and Cost Settlement revenue. Reduce funds to reflect savings from unit closures at state hospitals. Transfer funds from the Direct Care Support Services program to properly align budget to expenditures. Amount appropriated in this Act State Funds $274,751,725 $443,177 ($2,387,394) ($17,818,095) ($6,500,000) $2,297,999 $250,787,412 Total Funds $333,643,509 $443,177 ($2,387,394) $0 ($6,500,000) $2,297,999 $327,497,291 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 $78,065,915 Other Funds $26,500 Other Funds - Not Specifically Identified $26,500 State Funds $78,039,415 State General Funds $78,039,415 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $68,388,654 $68,415,154 Reflect an adjustment in telecommunications expenses. $12,460 $12,460 Transfer funds from the Adult Addictive Disease Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to properly align program purpose and expenditures. $2,334,600 $2,334,600 Transfer funds from the Direct Care Support Services program to properly align budget to expenditures. $4,853,320 $4,853,320 Transfer funds from the Direct Care Support Services program to meet projected treatment mall expenditures. $2,687,881 $2,687,881 Reduce funds for forensic evaluators to reflect actual start date. ($237,500) ($237,500) Amount appropriated in this Act $78,039,415 $78,065,915 1138 JOURNAL OF THE SENATE 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 $300,523,193 Federal Funds and Grants $16,747,136 Community Mental Health Services Block Grant $6,703,760 Medical Assistance Program $1,982,065 Federal Funds Not Specifically Identified $8,061,311 Other Funds $2,303,357 Agency Funds $1,130,000 Other Funds - Not Specifically Identified $1,173,357 State Funds $281,472,700 State General Funds $281,472,700 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $279,744,235 $298,794,728 Reduce funds to reflect an adjustment in property liability premiums. ($30,765) ($30,765) Reflect an adjustment in telecommunications expenses. $94,040 $94,040 Transfer funds to the Adult Forensic Services program to properly align program purpose and expenditures. ($1,103,172) ($1,103,172) Reduce state funds to reflect a one-time credit from the Employees' Retirement System. ($1,448,091) ($1,448,091) Transfer funds from the Direct Care Support Services program to properly align budget to expenditures. $2,072,629 $2,072,629 Transfer funds from the Direct Care Support Services program to meet projected treatment mall expenditures. $2,143,824 $2,143,824 Amount appropriated in this Act $281,472,700 $300,523,193 15.5. Adult Nursing Home Services Purpose: The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness or developmental disabilities. Total Funds $14,481,944 Other Funds $6,330,069 Agency Funds $6,330,069 State Funds $8,151,875 State General Funds $8,151,875 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1139 Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Transfer funds from the Direct Care Support Services program to properly align budget to expenditures. Amount appropriated in this Act State Funds $4,883,629 $5,163 $3,263,083 $8,151,875 Total Funds $11,213,698 $5,163 $3,263,083 $14,481,944 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 $9,432,669 Federal Funds and Grants $6,154,800 Medical Assistance Program $226,000 Prevention and Treatment of Substance Abuse Block Grant $5,928,800 State Funds $3,277,869 State General Funds $3,277,869 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,273,354 $9,428,154 Reflect an adjustment in telecommunications expenses. $4,515 $4,515 Amount appropriated in this Act $3,277,869 $9,432,669 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 $11,509,276 Federal Funds and Grants $3,148,692 Medical Assistance Program $3,148,692 State Funds $8,360,584 State General Funds $8,360,584 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $8,345,916 $11,494,608 Reflect an adjustment in telecommunications expenses. $14,668 $14,668 Amount appropriated in this Act $8,360,584 $11,509,276 15.8. Child and Adolescent Forensic Services 1140 JOURNAL OF THE SENATE Purpose: The purpose of this appropriation is to provide evaluation, treatment, and residential services to children and adolescents referred by Georgia's criminal justice or corrections system. Total Funds $5,113,729 State Funds $5,113,729 State General Funds $5,113,729 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,301,930 $3,301,930 Reflect an adjustment in telecommunications expenses. $11,799 $11,799 Transfer funds for the Turner Center from the Child and Adolescent Mental Health Services program to properly align program purpose and expenditures. $1,800,000 $1,800,000 Amount appropriated in this Act $5,113,729 $5,113,729 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 $86,601,964 Federal Funds and Grants $10,201,314 Community Mental Health Services Block Grant $7,437,531 Medical Assistance Program $2,763,783 Other Funds $2,669,781 Agency Funds $85,000 Other Funds - Not Specifically Identified $2,584,781 State Funds $73,730,869 State General Funds $73,730,869 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $75,502,819 $88,373,914 Reflect an adjustment in telecommunications expenses. $28,050 $28,050 Transfer funds for the Turner Center to the Child and Adolescent Forensic Services program to properly align program purpose and expenditures. ($1,800,000) ($1,800,000) Amount appropriated in this Act $73,730,869 $86,601,964 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 TUESDAY, MARCH 5, 2013 1141 department. Total Funds $48,717,553 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 $36,979,836 State General Funds $36,979,836 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $36,672,440 $48,410,157 Reflect an adjustment in telecommunications expenses. $307,396 $307,396 Amount appropriated in this Act $36,979,836 $48,717,553 15.11. Direct Care Support Services Purpose: The purpose of this appropriation is to operate six state-owned and operated hospitals. Total Funds $135,433,400 Other Funds $15,220,361 Agency Funds $13,767,030 Other Funds - Not Specifically Identified $1,453,331 State Funds $117,793,329 State General Funds $117,793,329 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 (HB 742) $137,351,122 $154,991,193 Reduce funds to reflect an adjustment in property liability premiums. ($260,538) ($260,538) Reflect an adjustment in telecommunications expenses. $1,521,481 $1,521,481 Reduce funds for personal services. ($2,000,000) ($2,000,000) Reduce funds for contractual services. ($1,500,000) ($1,500,000) 1142 JOURNAL OF THE SENATE Transfer funds to the Adult Developmental Disabilities Services ($2,297,999), Adult Forensic Services ($4,853,320), Adult Mental Health Services ($2,072,629), and Adult Nursing Home Services ($3,263,083) programs to properly align budget to expenditures. Transfer funds to Adult Forensic Services ($2,687,881) and Adult Mental Health Services ($2,143,824) to meet projected treatment mall expenditures. Amount appropriated in this Act ($12,487,031) ($12,487,031) ($4,831,705) ($4,831,705) $117,793,329 $135,433,400 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 $10,472,009 Federal Funds and Grants $10,238,719 Prevention and Treatment of Substance Abuse Block Grant $10,238,719 State Funds $233,290 State General Funds $233,290 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $233,007 $10,471,726 Reflect an adjustment in telecommunications expenses. $283 $283 Amount appropriated in this Act $233,290 $10,472,009 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 $2,723,896 Federal Funds and Grants $2,677,624 Federal Funds Not Specifically Identified $2,677,624 State Funds $46,272 State General Funds $46,272 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $44,635 $2,722,259 TUESDAY, MARCH 5, 2013 1143 Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Amount appropriated in this Act $2,976 ($1,339) $46,272 $2,976 ($1,339) $2,723,896 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 $641,616 State Funds $641,616 State General Funds $641,616 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $656,279 $656,279 Reflect an adjustment in telecommunications expenses. $5,025 $5,025 Reduce funds for operating expenses. ($19,688) ($19,688) Amount appropriated in this Act $641,616 $641,616 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 $224,990,515 $172,892,464 $172,892,464 $13,479,364 $55,284 $13,424,080 $38,618,687 $38,618,687 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 $559,059 Federal Funds and Grants $75,116 Federal Funds Not Specifically Identified $75,116 Other Funds $257,804 Other Funds - Not Specifically Identified $257,804 1144 JOURNAL OF THE SENATE State Funds $226,139 State General Funds $226,139 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $229,373 $562,293 Reflect an adjustment in telecommunications expenses. ($3,234) ($3,234) Amount appropriated in this Act $226,139 $559,059 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 $3,886,050 Other Funds $126,906 Other Funds - Not Specifically Identified $126,906 State Funds $3,759,144 State General Funds $3,759,144 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,023,494 $4,150,400 Reflect an adjustment in telecommunications expenses. ($12,935) ($12,935) Eliminate funds for four filled positions. ($190,301) ($190,301) Replace state funds with existing other funds for the Keep Georgia Beautiful Foundation contract. ($61,114) ($61,114) Amount appropriated in this Act $3,759,144 $3,886,050 16.3. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department. Total Funds $6,521,507 Federal Funds and Grants $3,216,000 Federal Funds Not Specifically Identified $3,216,000 Other Funds $2,224,681 Other Funds - Not Specifically Identified $2,224,681 TUESDAY, MARCH 5, 2013 1145 State Funds $1,080,826 State General Funds $1,080,826 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,094,847 $6,535,528 Reduce funds to reflect an adjustment in property liability premiums. ($277) ($277) Reflect an adjustment in telecommunications expenses. ($13,744) ($13,744) Amount appropriated in this Act $1,080,826 $6,521,507 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 $54,085,208 Federal Funds and Grants $52,272,828 Federal Funds Not Specifically Identified $52,272,828 Other Funds $305,415 Other Funds - Not Specifically Identified $305,415 State Funds $1,506,965 State General Funds $1,506,965 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,525,558 $54,103,801 Reflect an adjustment in telecommunications expenses. ($18,593) ($18,593) Amount appropriated in this Act $1,506,965 $54,085,208 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 $5,247,652 Federal Funds and Grants $474,298 Federal Funds Not Specifically Identified $474,298 Other Funds $4,773,354 Other Funds - Not Specifically Identified $4,773,354 1146 JOURNAL OF THE SENATE 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, 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 $1,305,311 Federal Funds and Grants $108,000 Federal Funds Not Specifically Identified $108,000 Other Funds $188,650 Other Funds - Not Specifically Identified $188,650 State Funds $1,008,661 State General Funds $1,008,661 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,101,054 $1,397,704 Reflect an adjustment in telecommunications expenses. ($14,552) ($14,552) Eliminate funds for one filled regional director position. ($77,841) ($77,841) Amount appropriated in this Act $1,008,661 $1,305,311 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-income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. Total Funds $118,940,343 Federal Funds and Grants $114,948,262 Federal Funds Not Specifically Identified $114,948,262 Other Funds $3,992,081 Other Funds - Not Specifically Identified $3,992,081 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. TUESDAY, MARCH 5, 2013 1147 Total Funds $369,744 State Funds $369,744 State General Funds $369,744 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $373,968 $373,968 Reflect an adjustment in telecommunications expenses. ($4,224) ($4,224) Amount appropriated in this Act $369,744 $369,744 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. Total Funds $5,503,057 Federal Funds and Grants $1,702,960 Federal Funds Not Specifically Identified $1,702,960 Other Funds $837,205 Other Funds - Not Specifically Identified $837,205 State Funds $2,962,892 State General Funds $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 $810,083 Other Funds $55,284 Agency Funds $55,284 State Funds $754,799 State General Funds $754,799 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $867,579 $922,863 Reflect an adjustment in telecommunications expenses. ($11,944) ($11,944) Eliminate funds for one filled office director position. ($100,836) ($100,836) Amount appropriated in this Act $754,799 $810,083 1148 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 $14,517,728 Federal Funds and Grants $95,000 Federal Funds Not Specifically Identified $95,000 Other Funds $240,587 Other Funds - Not Specifically Identified $240,587 State Funds $14,182,141 State General Funds $14,182,141 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $78,596,831 $78,932,418 Reflect an adjustment in telecommunications expenses. ($1,618) ($1,618) Reduce funds for Regional Economic Business Assistance (REBA) grants. ($63,763,072) ($63,763,072) Reduce funds for REBA grants. ($650,000) ($650,000) Amount appropriated in this Act $14,182,141 $14,517,728 The following appropriations are for agencies attached for administrative purposes. 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 Other Funds $298,495 Other Funds - Not Specifically Identified $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 (HB 742) $298,495 $298,495 Eliminate contract funds for the Georgia Rural Water ($298,495) $0 Association. (CC:Reflect the use of other funds for the GA Rural Water Association.) Amount appropriated in this Act $0 $298,495 TUESDAY, MARCH 5, 2013 1149 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 $3,551,474 State Funds $3,551,474 State General Funds $3,551,474 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,041,478 $3,041,478 Reduce funds to reflect an adjustment in property liability premiums. ($409) ($409) Reflect an adjustment in telecommunications expenses. $33,692 $33,692 Eliminate funds for one filled position. ($91,245) ($91,245) Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds. $567,958 $567,958 Amount appropriated in this Act $3,551,474 $3,551,474 16.14. Payments to OneGeorgia Authority Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority. Total Funds $9,394,804 Other Funds $178,902 Other Funds - Not Specifically Identified $178,902 State Funds $9,215,902 State General Funds $9,215,902 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $44,806,042 $44,984,944 Reduce funds for rural economic development. ($35,590,140) ($35,590,140) Amount appropriated in this Act $9,215,902 $9,394,804 Section 17: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program $12,738,981,971 $6,156,352,807 $5,813,769,912 1150 JOURNAL OF THE SENATE 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 $333,550,998 $9,031,897 $248,421,393 $78,582,824 $139,386,524 $12,976,428 $17,475,617 $2,941,001,434 $234,968,478 $167,756,401 $2,419,783,298 $118,493,257 $3,370,976,690 $3,090,119,428 $280,857,262 17.1. Departmental Administration and Program Support Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs. Total Funds $355,461,635 Federal Funds and Grants $254,705,964 Medical Assistance Program $231,016,519 State Children's Insurance Program $23,036,955 Federal Funds Not Specifically Identified $652,490 Other Funds $3,184,039 Agency Funds $1,611,520 Other Funds - Not Specifically Identified $1,572,519 State Funds $75,199,302 State General Funds $75,199,302 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 (HB 742) $67,136,937 $348,571,419 Reduce funds to reflect an adjustment in property liability premiums. ($560) ($560) Reflect an adjustment in telecommunications expenses. $220,061 $220,061 Reduce funds for contractual services. ($1,215,451) ($2,430,902) Reduce funds for operating expenses. ($286,698) ($573,396) TUESDAY, MARCH 5, 2013 1151 Reduce funds for the Medicaid eligibility project. Replace state funds with other funds to reflect receipt of Children's Health Insurance Program performance bonus. Increase funds for expenditures deferred from prior years. Amount appropriated in this Act ($100,200) ($330,000) ($100,200) $0 $9,775,213 $9,775,213 $75,199,302 $355,461,635 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 and the Office of Health Information Technology and Transparency. Total Funds $28,515,580 Federal Funds and Grants $588,838 Medical Assistance Program $416,250 Federal Funds Not Specifically Identified $172,588 State Funds $6,967,234 State General Funds $6,967,234 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,317,234 $28,865,580 Reduce funds for operating expenses for the State Office of Rural Health. ($300,000) ($300,000) Reduce funds for the Southeastern Firefighter's Burn Foundation, Inc. ($50,000) ($50,000) Amount appropriated in this Act $6,967,234 $28,515,580 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 $15,356,046 Federal Funds and Grants $8,296,900 Medical Assistance Program $2,877,295 Federal Funds Not Specifically Identified $5,419,605 Other Funds $100,000 Agency Funds $100,000 State Funds $6,959,146 State General Funds $6,959,146 1152 JOURNAL OF THE SENATE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,124,146 $15,686,046 Reduce funds for personal services and eliminate two vacant positions. ($165,000) ($330,000) Amount appropriated in this Act $6,959,146 $15,356,046 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 $463,117,448 Federal Funds and Grants $293,604,986 Medical Assistance Program $293,604,986 Other Funds $152,890,433 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $139,386,524 Other Funds - Not Specifically Identified $11,303,909 State Funds $16,622,029 State General Funds $16,622,029 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $407,526,188 Provide state matching funds for private deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. (CC:Provide state ($16,622,029) and other ($2,440,214) funds as matching funds for all deemed and non-deemed private hospitals eligible for the DSH program.) $16,622,029 $55,591,260 Amount appropriated in this Act $16,622,029 $463,117,448 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 $5,113,623,204 Federal Funds and Grants $3,168,644,811 Medical Assistance Program $3,165,857,597 TUESDAY, MARCH 5, 2013 1153 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 $1,608,846,773 Hospital Provider Payment $25,451,911 Nursing Home Provider Fees $167,756,401 State General Funds $1,415,638,461 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 (HB 742) $1,395,947,556 $4,492,744,766 Increase funds for growth in Medicaid. $132,293,459 $385,807,696 Reflect savings from eliminating hospital reimbursements for preventable admissions. ($834,767) ($2,434,433) Reflect savings through better enforcement of level of care qualification analysis for placement into long term care and home and community based services. ($3,535,038) ($10,309,239) Reflect savings from restricting the number of narcotic prescription reimbursements to six per month. ($22,398) ($65,319) Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011. ($11,486,052) ($33,496,797) Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. ($195,550) ($570,283) Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. ($1,777,175) ($5,182,780) Replace funds reduced in HB 742 (2012 Session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections. $3,938,398 $11,485,558 Reduce Hospital Provider Payments to reflect projected FY 2013 revenue. ($36,130) ($105,366) Increase Nursing Home Provider Fees to reflect projected FY 2013 revenue. $10,311,440 $30,071,274 Reduce funds to reflect an unimplemented pharmacy reimbursement policy. ($1,200,000) ($3,499,563) Reflect updated Medicaid projection. $85,443,030 $249,177,690 Amount appropriated in this Act $1,608,846,773 $5,113,623,204 1154 JOURNAL OF THE SENATE 17.6. Medicaid: Low-Income Medicaid Purpose: The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. Total Funds $3,238,035,615 Federal Funds and Grants $2,119,997,265 Medical Assistance Program $2,119,997,265 Other Funds $23,303,933 Agency Funds $12,328,316 Prior Year Funds - Other $10,975,617 State Funds $1,081,317,570 Hospital Provider Payment $207,891,625 State General Funds $754,932,688 Tobacco Settlement Funds $118,493,257 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 (HB 742) $1,107,417,540 $3,314,151,014 Increase funds for growth in Medicaid. $79,355,008 $231,423,178 Reflect savings from eliminating hospital reimbursements for preventable admissions. ($569,202) ($1,659,965) Reflect savings from restricting the number of narcotic prescription reimbursements to six per month. ($15,272) ($44,538) Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011. ($7,831,983) ($22,840,429) Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. ($133,340) ($388,859) Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. ($1,211,801) ($3,533,978) Replace $8,300,000 in state general funds with tobacco settlement funds. (CC:YES) $0 $0 Increase funds to offset unrealized FY 2012 reserves. $10,975,617 $32,008,215 Reduce Hospital Provider Payments to reflect projected FY 2013 revenue. ($295,112) ($860,636) Reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week. ($1,875,000) ($5,468,066) Reflect updated Medicaid projection. ($104,498,885) ($304,750,321) Amount appropriated in this Act $1,081,317,570 $3,238,035,615 TUESDAY, MARCH 5, 2013 1155 17.7. PeachCare Purpose: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. Total Funds $409,246,689 Federal Funds and Grants $310,514,043 State Children's Insurance Program $310,514,043 State Funds $98,580,863 Hospital Provider Payment $1,624,942 State General Funds $96,955,921 Intra-State Government Transfers $151,783 Medicaid Services Payments - Other Agencies $151,783 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $79,578,343 $330,076,596 Increase funds for growth in PeachCare. $9,002,637 $37,503,174 Reduce Hospital Provider Payments to reflect projected FY 2013 revenue. ($2,307) ($9,610) Reflect savings from eliminating hospital reimbursements for preventable admissions. ($49,563) ($206,469) Reflect savings from restricting the number of narcotic prescription reimbursements to six per month. ($1,330) ($5,540) Reduce funds to reflect collection of Hospital Cost Settlements from FY 2009, FY 2010, and FY 2011. ($681,965) ($2,840,930) Reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. ($11,610) ($48,366) Reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. ($105,517) ($439,562) Reflect updated benefit projection. $10,852,175 $45,217,396 Amount appropriated in this Act $98,580,863 $409,246,689 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 $3,069,017,237 Intra-State Government Transfers $3,069,017,237 Health Insurance Payments $3,069,017,237 1156 JOURNAL OF THE SENATE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $2,987,734,959 Reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and HRA funding. $0 ($66,519,000) Increase employee contribution rates for spousal coverage. $0 $36,379,788 Reflect increase in expenses for continued implementation of the EnGAgement wellness plan. $0 $7,122,000 Reflect increase in expenses for implementation of the childhood obesity initiative in cooperation with Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office. $0 $4,000,000 Increase employee premiums 7.5% for employee-only and employee+child(ren) tiers. $0 $6,419,963 Increase employee premiums 2% due to increased costs as a result of the requirements of the Patient Protection and Affordable Care Act (PPACA). $0 $6,881,250 Reflect revenue generated by implementing an add-on fee of $7 per employee per month for select plans. $0 $8,994,000 Reflect savings from elimination of prior authorization for ADHD drugs. $0 ($107,500) Reflect savings from implementing a pharmacy step therapy program. $0 ($1,400,000) Reflect savings from revising the prescription drug list. $0 ($3,425,000) Reflect savings from renegotiated rates with the hospital network. $0 ($5,250,000) Increase per member per month billings for certificated school service personnel from $912.34 to $937.34, effective March 2013. $0 $7,450,121 Reflect updated revenue and expense projections. $0 $74,650,998 Increase employer share of the State Health Benefit Plan from 29.781% to 30.281%, effective January 2013. $0 $6,085,658 Amount appropriated in this Act $0 $3,069,017,237 17.9. Surplus to the Revenue Shortfall Reserve Purpose: The purpose of this appropriation is to allocate funds to be included in the departmental surplus sent to the state treasury at the end of the fiscal year. Total Funds $0 TUESDAY, MARCH 5, 2013 1157 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $0 Amount appropriated in this Act $0 $0 The following appropriations are for agencies attached for administrative purposes. 17.10. Georgia Board for Physician Workforce: Board Administration Purpose: The purpose of this appropriation is to provide administrative support to all agency programs. Total Funds $678,277 State Funds $678,277 State General Funds $678,277 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $685,128 $685,128 Reduce funds for personal services. ($2,500) ($2,500) Reduce funds for operating expenses. ($4,351) ($4,351) Amount appropriated in this Act $678,277 $678,277 17.11. 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 $8,708,629 State Funds $8,708,629 State General Funds $8,708,629 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $8,917,518 $8,917,518 Remove bridge funds for residency development programs provided for Gwinnett Medical Center and Southwest Georgia Consortium. (CC:Restore residency development funding of $136,320 to Gwinnett Medical Center and $523,000 to the Southwest Georgia Consortium.) ($167,579) ($167,579) Reflect adjustment for only seven new residents at Houston Medical Center. (CC:Reduce funds.) ($41,310) ($41,310) 1158 JOURNAL OF THE SENATE Amount appropriated in this Act $8,708,629 $8,708,629 17.12. 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 (HB 742) $20,969,911 $20,969,911 Amount appropriated in this Act $20,969,911 $20,969,911 17.13. 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: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $10,671,474 $10,671,474 Amount appropriated in this Act $10,671,474 $10,671,474 17.14. 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 17.15. 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 $2,647,228 TUESDAY, MARCH 5, 2013 1159 State Funds $2,647,228 State General Funds $2,647,228 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,731,636 $2,731,636 Reduce funds for Undergraduate Medical Education. ($84,408) ($84,408) Amount appropriated in this Act $2,647,228 $2,647,228 17.16. 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 $2,102,998 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $2,002,998 State General Funds $2,002,998 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,046,154 $2,146,154 Reduce funds for personal services. ($41,824) ($41,824) Reduce funds for telecommunications. ($1,332) ($1,332) Amount appropriated in this Act $2,002,998 $2,102,998 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 $1,151,200,182 $922,276 $922,276 $29,097,329 $29,097,329 $1,121,180,577 $1,121,180,577 1160 JOURNAL OF THE SENATE 18.1. Bainbridge Probation Substance Abuse Treatment Center Purpose: The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision. Total Funds $6,148,740 Other Funds $7,046 Other Funds - Not Specifically Identified $7,046 State Funds $6,141,694 State General Funds $6,141,694 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,148,682 $6,155,728 Reduce funds to reflect an adjustment in property liability premiums. ($6,988) ($6,988) Amount appropriated in this Act $6,141,694 $6,148,740 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 $25,951,087 Other Funds $15,515,680 Other Funds - Not Specifically Identified $15,515,680 State Funds $10,435,407 State General Funds $10,435,407 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $9,596,724 $14,096,724 Transfer funds from the Health ($1,138,683) and State Prisons ($700,000) programs to meet projected expenditures. (CC:Transfer funds from the Health ($138,683) and State Prisons ($700,000) programs to meet projected expenditures.) $838,683 $838,683 Increase other funds to meet projected expenditures. $0 $11,015,680 Amount appropriated in this Act $10,435,407 $25,951,087 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. TUESDAY, MARCH 5, 2013 1161 Total Funds $36,381,472 Federal Funds and Grants $70,555 Federal Funds Not Specifically Identified $70,555 State Funds $36,310,917 State General Funds $36,310,917 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $36,067,108 $36,137,663 Reduce funds to reflect an adjustment in property liability premiums. ($27,952) ($27,952) Reflect an adjustment in telecommunications expenses. $271,761 $271,761 Amount appropriated in this Act $36,310,917 $36,381,472 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 $28,864,344 Other Funds $450,000 Other Funds - Not Specifically Identified $450,000 State Funds $28,414,344 State General Funds $28,414,344 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $28,399,203 $28,849,203 Reduce funds to reflect an adjustment in property liability premiums. ($13,976) ($13,976) Reflect an adjustment in telecommunications expenses. $29,117 $29,117 Amount appropriated in this Act $28,414,344 $28,864,344 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 $28,235,831 Federal Funds and Grants $751,721 Federal Funds Not Specifically Identified $751,721 State Funds $27,484,110 1162 JOURNAL OF THE SENATE State General Funds $27,484,110 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $27,519,049 $28,270,770 Reduce funds to reflect an adjustment in property liability premiums. ($34,939) ($34,939) Amount appropriated in this Act $27,484,110 $28,235,831 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 $200,745,083 Other Funds $390,000 Other Funds - Not Specifically Identified $390,000 State Funds $200,355,083 State General Funds $200,355,083 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $201,493,766 $201,883,766 Transfer projected personal services savings to the County Jail Subsidy program to meet projected expenditures. ($138,683) ($138,683) Reduce funds to properly align personal services. ($1,000,000) ($1,000,000) Amount appropriated in this Act $200,355,083 $200,745,083 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 $42,359,833 Other Funds $30,000 Other Funds - Not Specifically Identified $30,000 State Funds $42,329,833 State General Funds $42,329,833 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1163 Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act State Funds $42,320,127 $9,706 $42,329,833 Total Funds $42,350,127 $9,706 $42,359,833 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 $3,305,150 Other Funds $405,000 Other Funds - Not Specifically Identified $405,000 State Funds $2,900,150 State General Funds $2,900,150 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,796,705 $5,201,705 Transfer funds to the State Prisons program to properly align budget to expenditures. ($1,896,555) ($1,896,555) Amount appropriated in this Act $2,900,150 $3,305,150 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 State General Funds $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. Total Funds $97,898,146 Other Funds $10,000 Other Funds - Not Specifically Identified $10,000 State Funds $97,888,146 State General Funds $97,888,146 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1164 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act State Funds $97,678,890 ($13,976) $223,232 $97,888,146 Total Funds $97,688,890 ($13,976) $223,232 $97,898,146 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 $518,589,311 Federal Funds and Grants $100,000 Federal Funds Not Specifically Identified $100,000 Other Funds $12,289,603 Other Funds - Not Specifically Identified $12,289,603 State Funds $506,199,708 State General Funds $506,199,708 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $505,172,788 $517,562,391 Reduce funds to reflect an adjustment in property liability premiums. ($586,982) ($586,982) Reflect an adjustment in telecommunications expenses. $417,347 $417,347 Transfer projected personal services savings to the County Jail Subsidy program to meet projected expenditures. ($700,000) ($700,000) Transfer funds from the Parole Revocation Centers program to properly align budget to expenditures. $1,896,555 $1,896,555 Amount appropriated in this Act $506,199,708 $518,589,311 18.12. Transition 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 $27,813,161 TUESDAY, MARCH 5, 2013 1165 State Funds $27,813,161 State General Funds $27,813,161 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $27,807,725 $27,807,725 Reduce funds to reflect an adjustment in property liability premiums. ($13,975) ($13,975) Reflect an adjustment in telecommunications expenses. $19,411 $19,411 Amount appropriated in this Act $27,813,161 $27,813,161 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 $90,941,837 $74,506,287 $74,506,287 $7,641,586 $1,475,680 $6,165,906 $8,793,964 $8,793,964 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 $1,744,500 Federal Funds and Grants $672,334 Federal Funds Not Specifically Identified $672,334 State Funds $1,072,166 State General Funds $1,072,166 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,144,335 $1,816,669 Reflect an adjustment in telecommunications expenses. $1,650 $1,650 Reduce funds for telecommunications. ($53,190) ($53,190) Reduce funds for personal services by converting a full-time administrative position to a part-time position. ($20,629) ($20,629) Amount appropriated in this Act $1,072,166 $1,744,500 1166 JOURNAL OF THE SENATE 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 $75,982,815 Federal Funds and Grants $63,865,953 Federal Funds Not Specifically Identified $63,865,953 Other Funds $7,641,586 Agency Funds $1,475,680 Other Funds - Not Specifically Identified $6,165,906 State Funds $4,475,276 State General Funds $4,475,276 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,710,472 $76,218,011 Reduce funds to reflect an adjustment in property liability premiums. ($33,401) ($33,401) Reduce funds for operating expenses. ($8,230) ($8,230) Reduce funds for personal services and hold one position vacant. ($193,565) ($193,565) Amount appropriated in this Act $4,475,276 $75,982,815 19.3. Youth Educational Services Purpose: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. Total Funds $13,214,522 Federal Funds and Grants $9,968,000 Federal Funds Not Specifically Identified $9,968,000 State Funds $3,246,522 State General Funds $3,246,522 Section 20: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds $63,756,923 $2,844,121 $2,844,121 $60,912,802 $60,912,802 TUESDAY, MARCH 5, 2013 1167 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 $9,609,934 Other Funds $500,857 Agency Funds $500,857 State Funds $9,109,077 State General Funds $9,109,077 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $9,113,037 $9,613,894 Reduce funds to reflect an adjustment in property liability premiums. ($528) ($528) Reduce funds for operating expenses. ($3,432) ($3,432) Amount appropriated in this Act $9,109,077 $9,609,934 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 $52,798,882 Other Funds $1,827,835 Agency Funds $1,827,835 State Funds $50,971,047 State General Funds $50,971,047 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $49,434,372 $51,262,207 Reduce funds to reflect an adjustment in property liability premiums. ($2,993) ($2,993) Reflect an adjustment in telecommunications expenses. $850,680 $850,680 Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation. $200,000 $200,000 Reduce funds for operating expenses. ($21,146) ($21,146) Increase funds for archival storage for Real ID implementation. $510,134 $510,134 1168 JOURNAL OF THE SENATE Amount appropriated in this Act $50,971,047 $52,798,882 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 $1,348,107 Other Funds $515,429 Agency Funds $515,429 State Funds $832,678 State General Funds $832,678 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $833,275 $1,348,704 Reduce funds for operating expenses. ($597) ($597) Amount appropriated in this Act $832,678 $1,348,107 Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds 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 $663,756,527 $307,323,388 $92,367,468 $92,440,670 $122,515,250 $197,874 $10,000 $187,874 $353,028,330 $299,232,510 $53,795,820 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 $214,618,958 Federal Funds and Grants $160,808,138 CCDF Mandatory and Matching Funds $92,367,468 TUESDAY, MARCH 5, 2013 1169 Child Care and Development Block Grant $68,440,670 Other Funds $15,000 Agency Funds $10,000 Other Funds - Not Specifically Identified $5,000 State Funds $53,795,820 State General Funds $53,795,820 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $55,459,608 $219,379,959 Reduce funds for contractual services. ($200) ($200) Replace a portion of the Chief Financial Officer's salary with existing federal funds. ($36,559) ($36,559) Reduce funds for the Child Care Services program. ($1,627,029) ($4,724,242) Amount appropriated in this Act $53,795,820 $214,618,958 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 $121,997,250 Federal Funds and Grants $121,997,250 Federal Funds Not Specifically Identified $121,997,250 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 $299,450,510 Federal Funds and Grants $218,000 Federal Funds Not Specifically Identified $218,000 State Funds $299,232,510 Lottery Funds $299,232,510 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $298,602,245 $298,820,245 Reflect an adjustment in telecommunications expenses. ($95,011) ($95,011) Increase funds for the employer share of the Federal Insurance Contributions Act (FICA) tax. $725,276 $725,276 1170 JOURNAL OF THE SENATE Amount appropriated in this Act $299,232,510 $299,450,510 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 $27,689,809 Federal Funds and Grants $24,300,000 Child Care and Development Block Grant $24,000,000 Federal Funds Not Specifically Identified $300,000 Other Funds $182,874 Other Funds - Not Specifically Identified $182,874 Section 22: Economic Development, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds $39,968,844 $659,400 $659,400 $39,309,444 $33,059,987 $6,249,457 22.1. 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 $3,959,092 State Funds $3,959,092 State General Funds $3,959,092 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,084,460 $4,084,460 Reduce funds to reflect an adjustment in property liability premiums. $0 $0 Reflect an adjustment in telecommunications expenses. ($458) ($458) Reduce funds for personal services and eliminate two vacant positions. ($74,350) ($74,350) Reduce funds for operating expenses. ($50,560) ($50,560) Amount appropriated in this Act $3,959,092 $3,959,092 TUESDAY, MARCH 5, 2013 1171 22.2. 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 $916,556 State Funds $916,556 State General Funds $916,556 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $955,165 $955,165 Reflect an adjustment in telecommunications expenses. ($36) ($36) Reduce funds for marketing. ($38,573) ($38,573) Amount appropriated in this Act $916,556 $916,556 22.3. 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 22.4. 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 $10,127,005 State Funds $10,127,005 State General Funds $10,127,005 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1172 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 742) Reduce funds for marketing. Reduce funds for contractual services. Amount appropriated in this Act State Funds $10,292,005 ($100,000) ($65,000) $10,127,005 Total Funds $10,292,005 ($100,000) ($65,000) $10,127,005 22.5. 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 $13,559,184 State Funds $13,559,184 State General Funds $7,309,727 Tobacco Settlement Funds $6,249,457 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $14,347,266 $14,347,266 Reflect an adjustment in telecommunications expenses. ($95) ($95) Reduce funds for the Georgia Research Alliance. ($200,000) ($200,000) Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780). ($52,040) ($52,040) Reduce funds for the Tumor Tissue Bank. ($124,595) ($124,595) Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations. ($411,352) ($411,352) Amount appropriated in this Act $13,559,184 $13,559,184 22.6. 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 $895,861 State Funds $895,861 State General Funds $895,861 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $916,860 $916,860 TUESDAY, MARCH 5, 2013 1173 Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Amount appropriated in this Act ($131) ($20,868) $895,861 ($131) ($20,868) $895,861 22.7. 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 $9,150,960 State Funds $9,150,960 State General Funds $9,150,960 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $9,310,394 $9,310,394 Reflect an adjustment in telecommunications expenses. ($1,445) ($1,445) Reduce funds for marketing. ($100,000) ($100,000) Reduce funds for contractual services. ($19,882) ($19,882) Reduce funds for personal services and eliminate two vacant positions. ($58,107) ($58,107) Increase funds for the Civil War Commission. $20,000 $20,000 Amount appropriated in this Act $9,150,960 $9,150,960 The following appropriations are for agencies attached for administrative purposes. 22.8. 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 $122,097 State Funds $122,097 State General Funds $122,097 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $132,481 $132,481 Reduce funds for operating expenses. ($3,974) ($3,974) Reduce funds for computer charges. ($6,410) ($6,410) Amount appropriated in this Act $122,097 $122,097 1174 JOURNAL OF THE SENATE 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 $9,085,036,470 $1,655,062,931 $1,655,062,931 $3,713,178 $3,713,178 $7,326,807,956 $7,326,807,956 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 $7,535,752 State Funds $7,535,752 State General Funds $7,535,752 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,650,509 $7,650,509 Reduce funds for operating expenses for Extended Day/Year ($90,377), Area Teacher ($44,647), Young Farmers ($80,051), and Youth Camps ($14,440). ($114,757) ($114,757) Amount appropriated in this Act $7,535,752 $7,535,752 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 $85,956,654 Federal Funds and Grants $52,128,491 Federal Funds Not Specifically Identified $52,128,491 Other Funds $919,031 Other Funds - Not Specifically Identified $919,031 State Funds $29,496,910 TUESDAY, MARCH 5, 2013 1175 State General Funds $29,496,910 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $30,301,129 $86,760,873 Reduce funds to reflect an adjustment in property liability premiums. ($6,207) ($6,207) Reflect an adjustment in telecommunications expenses. $3,448 $3,448 Reduce funds for operating expenses. ($42,447) ($42,447) Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones. ($7,896) ($7,896) Reduce funds for the School Nurse Coordinator position based on projected expenditures. ($69,038) ($69,038) Reduce funds for commercial travel to reflect prior years' expenditures. ($20,099) ($20,099) Transfer funds to Georgia Public Telecommunications Commission for half of the Discovery Education contract. ($471,355) ($471,355) Reduce funds for personal services. ($170,625) ($170,625) Reduce funds for State Schools Administration based on prior year expenditures. ($20,000) ($20,000) Amount appropriated in this Act $29,496,910 $85,956,654 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 $8,935,070 Federal Funds and Grants $7,001,330 Federal Funds Not Specifically Identified $7,001,330 State Funds $1,933,740 State General Funds $1,933,740 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,993,546 $8,994,876 Reduce funds for planning grants. ($5,000) ($5,000) Reduce funds for facility grants. ($54,806) ($54,806) Amount appropriated in this Act $1,933,740 $8,935,070 1176 JOURNAL OF THE SENATE 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 $913,100 State Funds $913,100 State General Funds $913,100 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $933,100 $933,100 Reduce funds for grants to local affiliates. ($20,000) ($20,000) Amount appropriated in this Act $913,100 $913,100 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 $1,144,837 State Funds $1,144,837 State General Funds $1,144,837 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,232,744 $1,232,744 Reduce funds for operating expenses. ($40,000) ($40,000) Reduce funds for contractual services. ($47,907) ($47,907) Amount appropriated in this Act $1,144,837 $1,144,837 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 $1,072,513,107 Federal Funds and Grants $976,472,924 Federal Funds Not Specifically Identified $976,472,924 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. TUESDAY, MARCH 5, 2013 1177 Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified $6,300,860 $6,300,860 $6,300,860 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 resources, enhance their studies, or earn additional credits in a manner not involving onsite interaction with a teacher. Total Funds $5,935,767 Other Funds $1,371,025 Other Funds - Not Specifically Identified $1,371,025 State Funds $4,564,742 State General Funds $4,564,742 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,705,955 $6,076,980 Reduce funds to reflect an adjustment in property liability premiums. ($51) ($51) Reflect an adjustment in telecommunications expenses. $17 $17 Reduce funds for contractual services. ($141,179) ($141,179) Amount appropriated in this Act $4,564,742 $5,935,767 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 (HB 742) $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. 1178 JOURNAL OF THE SENATE Total Funds $939,814 State Funds $939,814 State General Funds $939,814 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $959,839 $959,839 Reduce funds to reflect an adjustment in property liability premiums. ($39) ($39) Reflect an adjustment in telecommunications expenses. $14 $14 Reduce funds for operating expenses. ($20,000) ($20,000) Amount appropriated in this Act $939,814 $939,814 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 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 $6,424,355 State Funds $6,424,355 State General Funds $6,424,355 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,462,668 $6,462,668 Reduce funds for Residential Treatment Centers. ($38,313) ($38,313) Amount appropriated in this Act $6,424,355 $6,424,355 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 TUESDAY, MARCH 5, 2013 1179 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 (HB 742) $22,593,223 $597,481,435 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 three- and 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 23.15. 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 23.16. 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 ($1,704,005,354) State Funds ($1,704,005,354) State General Funds ($1,704,005,354) The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) ($1,697,504,730) ($1,697,504,730) Adjust funds for state special charter schools based on local five mill share. ($6,500,624) ($6,500,624) Amount appropriated in this Act ($1,704,005,354) ($1,704,005,354) 23.17. 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 1180 JOURNAL OF THE SENATE outlined in O.C.G.A. 20-2-161. Total Funds $8,350,249,357 State Funds $8,350,249,357 State General Funds $8,350,249,357 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $8,183,012,037 $8,183,012,037 Increase funds for a midterm adjustment for enrollment $167,087,739 $167,087,739 growth. Provide funds for a misclassification of FTEs for Devereux Ackerman Academy-Residential Treatment Facility. $149,581 $149,581 Amount appropriated in this Act $8,350,249,357 $8,350,249,357 23.18. 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 $8,425,704 State Funds $8,425,704 State General Funds $8,425,704 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $8,510,812 $8,510,812 Reduce funds for operating expenses. ($85,108) ($85,108) Amount appropriated in this Act $8,425,704 $8,425,704 23.19. 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 $5,105,485 State Funds $5,105,485 State General Funds $5,105,485 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1181 Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for one vacant position. Amount appropriated in this Act State Funds $5,199,064 ($358) $42 ($93,263) $5,105,485 Total Funds $5,199,064 ($358) $42 ($93,263) $5,105,485 23.20. 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 $70,021,997 Federal Funds and Grants $7,908,992 Federal Funds Not Specifically Identified $7,908,992 State Funds $62,113,005 State General Funds $62,113,005 23.21. State Charter School Commission Administration Purpose: The purpose of this appropriation is to focus on 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. Total Funds $130,000 State Funds $130,000 State General Funds $130,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $0 Provide start-up funds for administrative support for the State Charter School Commission. $130,000 $130,000 Amount appropriated in this Act $130,000 $130,000 23.22. 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 post-secondary vocational education agency. Total Funds $12,056,305 Federal Funds and Grants $3,958,342 1182 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $3,958,342 State Funds $8,097,963 State General Funds $8,097,963 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $8,497,963 $12,456,305 Reduce funds to reflect projected transfers to the Teachers Retirement System. ($400,000) ($400,000) Amount appropriated in this Act $8,097,963 $12,056,305 23.23. 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 $25,652,280 Other Funds $1,423,122 Other Funds - Not Specifically Identified $1,423,122 State Funds $24,229,158 State General Funds $24,229,158 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $24,244,124 $25,667,246 Reduce funds to reflect an adjustment in property liability premiums. ($16,113) ($16,113) Reflect an adjustment in telecommunications expenses. $1,147 $1,147 Amount appropriated in this Act $24,229,158 $25,652,280 23.24. 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 $29,861,188 Federal Funds and Grants $16,012,923 Federal Funds Not Specifically Identified $16,012,923 State Funds $13,848,265 State General Funds $13,848,265 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1183 Amount from prior Appropriation Act (HB 742) Reduce funds. Amount appropriated in this Act State Funds $14,059,152 ($210,887) $13,848,265 Total Funds $30,072,075 ($210,887) $29,861,188 23.25. 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 $23,870,066 Federal Funds and Grants $10,390,857 Federal Funds Not Specifically Identified $10,390,857 State Funds $13,479,209 State General Funds $13,479,209 23.26. 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 $48,253,922 $3,508,813 $3,508,813 $26,532,022 $26,532,022 $18,213,087 $18,213,087 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). 1184 JOURNAL OF THE SENATE 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 $3,508,813 Other Funds $3,508,813 Agency Funds $3,508,813 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 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 $24,829,000 State Funds $24,829,000 State General Funds $24,829,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $24,729,000 $24,729,000 Increase funds reduced in HB 742 (2012 session) to fully fund the annual required contribution for FY 2013. $100,000 $100,000 Amount appropriated in this Act $24,829,000 $24,829,000 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 $18,213,087 Intra-State Government Transfers $18,213,087 Retirement Payments $18,213,087 TUESDAY, MARCH 5, 2013 1185 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 $42,865,189 $5,994,473 $5,994,473 $6,833,695 $474,661 $6,359,034 $29,987,021 $29,987,021 $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 $3,440,533 Federal Funds and Grants $48,800 Federal Funds Not Specifically Identified $48,800 Other Funds $76,288 Agency Funds $46,016 Other Funds - Not Specifically Identified $30,272 State Funds $3,315,445 State General Funds $3,315,445 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,371,335 $3,496,423 Reduce funds to reflect an adjustment in property liability premiums. ($7,684) ($7,684) Reflect an adjustment in telecommunications expenses. $3,424 $3,424 Reduce funds for personal services to reflect projected expenditures. ($51,630) ($51,630) Amount appropriated in this Act $3,315,445 $3,440,533 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 1186 JOURNAL OF THE SENATE 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 $6,724,494 Federal Funds and Grants $3,565,275 Federal Funds Not Specifically Identified $3,565,275 Other Funds $1,027,732 Agency Funds $428,645 Other Funds - Not Specifically Identified $599,087 State Funds $2,081,487 State General Funds $2,081,487 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 (HB 742) $2,132,169 $6,775,176 Reflect an adjustment in telecommunications expenses. $804 $804 Replace state funds with existing federal funds to support one position. ($51,486) ($51,486) Amount appropriated in this Act $2,081,487 $6,724,494 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 $31,493,082 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 $24,590,089 State General Funds $24,590,089 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1187 Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Reduce funds for personal services to reflect projected expenditures. Reduce funds for operating expenses. Reduce funds for motor vehicle purchases. Amount appropriated in this Act State Funds $24,937,379 $7,571 ($252,280) ($31,273) ($71,308) $24,590,089 Total Funds $31,840,372 $7,571 ($252,280) ($31,273) ($71,308) $31,493,082 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 Child Care and Development Block Grant Preventive Health and Health Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $168,928,124 $112,378,204 $40,015 $200,470 $3,814,350 $108,323,369 $2,323,134 $2,323,134 $54,226,786 $54,226,786 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. 1188 JOURNAL OF THE SENATE Total Funds $20,233,401 State Funds $20,233,401 State General Funds $20,233,401 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $22,578,261 $22,578,261 Reduce funds for the Unemployment Trust Fund loan by $2,344,860 from $19,108,685 to $16,763,825 to reflect the actual need for the interest payment due September 30, 2012. ($2,344,860) ($2,344,860) Amount appropriated in this Act $20,233,401 $20,233,401 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 $5,964,805 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $5,864,805 State General Funds $5,864,805 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,987,885 $6,087,885 Reflect an adjustment in telecommunications expenses. $56,557 $56,557 Reduce funds for operating expenses. ($179,637) ($179,637) Amount appropriated in this Act $5,864,805 $5,964,805 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 $7,840,179 State Funds $7,840,179 State General Funds $7,840,179 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1189 Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for operating expenses. Reduce funds for the American Indian Council Contract. Amount appropriated in this Act State Funds $8,043,611 ($299) $38,175 ($228,808) ($12,500) $7,840,179 Total Funds $8,043,611 ($299) $38,175 ($228,808) ($12,500) $7,840,179 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 $896,352 Federal Funds and Grants $89,558 Federal Funds Not Specifically Identified $89,558 Other Funds $25 Other Funds - Not Specifically Identified $25 State Funds $806,769 State General Funds $806,769 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $841,704 $931,287 Reflect an adjustment in telecommunications expenses. $1,779 $1,779 Reduce funds for operating expenses. ($14,251) ($14,251) Reduce funds for computer charges. ($2,000) ($2,000) Reduce funds for contractual services. ($9,000) ($9,000) Reduce funds for personal services. ($11,463) ($11,463) Amount appropriated in this Act $806,769 $896,352 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 $11,275,107 Federal Funds and Grants $8,416,066 Preventive Health and Health Services Block Grant $200,470 1190 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Block Grant $3,814,350 Federal Funds Not Specifically Identified $4,401,246 State Funds $2,859,041 State General Funds $2,859,041 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,906,072 $11,121,668 Reflect an adjustment in telecommunications expenses. $40,151 $40,151 Reduce funds for community strategy grants. ($87,182) ($87,182) Recognize the Preventive Health and Health Services Block Grant funds for sexual assault centers. $0 $200,470 Amount appropriated in this Act $2,859,041 $11,275,107 26.6. Emergency Management Agency, Georgia Purpose: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events, and to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security. Total Funds $32,573,905 Federal Funds and Grants $29,703,182 Federal Funds Not Specifically Identified $29,703,182 Other Funds $807,856 Other Funds - Not Specifically Identified $807,856 State Funds $2,062,867 State General Funds $2,062,867 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,108,027 $32,619,065 Reduce funds to reflect an adjustment in property liability premiums. ($1,144) ($1,144) Reflect an adjustment in telecommunications expenses. $19,225 $19,225 Reduce funds for personal services and eliminate one position. ($45,227) ($45,227) Reduce funds for communications. ($1,851) ($1,851) Reduce funds for the Civil Air Patrol contract. ($16,163) ($16,163) Amount appropriated in this Act $2,062,867 $32,573,905 TUESDAY, MARCH 5, 2013 1191 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 $868,816 Federal Funds and Grants $395,550 Federal Funds Not Specifically Identified $395,550 State Funds $473,266 State General Funds $473,266 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $473,461 $869,011 Reduce funds to reflect an adjustment in property liability premiums. ($13) ($13) Reflect an adjustment in telecommunications expenses. ($182) ($182) Amount appropriated in this Act $473,266 $868,816 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 $6,187,582 Federal Funds and Grants $411,930 Child Care and Development Block Grant $40,015 Federal Funds Not Specifically Identified $371,915 Other Funds $500 Other Funds - Not Specifically Identified $500 State Funds $5,775,152 State General Funds $5,775,152 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,954,848 $6,367,278 Reflect an adjustment in telecommunications expenses. $2,163 $2,163 Reduce funds for operating expenses. ($50,645) ($50,645) Reduce funds for contractual services. ($71,000) ($71,000) Reduce funds for computer charges. ($57,000) ($57,000) Reduce funds for telecommunications. ($3,214) ($3,214) Amount appropriated in this Act $5,775,152 $6,187,582 1192 JOURNAL OF THE SENATE 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 $6,788,257 Other Funds $1,414,753 Other Funds - Not Specifically Identified $1,414,753 State Funds $5,373,504 State General Funds $5,373,504 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,682,565 $7,097,318 Reduce funds to reflect an adjustment in property liability premiums. ($126) ($126) Reflect an adjustment in telecommunications expenses. ($138,458) ($138,458) Reduce funds for personal services and operating expenses. ($170,477) ($170,477) Amount appropriated in this Act $5,373,504 $6,788,257 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 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 $555,303 State Funds $555,303 State General Funds $555,303 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $572,486 $572,486 Reduce funds to reflect an adjustment in property liability premiums. ($8) ($8) TUESDAY, MARCH 5, 2013 1193 Reduce funds for personal services and operating expenses. Amount appropriated in this Act ($17,175) $555,303 ($17,175) $555,303 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 $2,382,499 State Funds $2,382,499 State General Funds $2,382,499 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,455,543 $2,455,543 Reflect an adjustment in telecommunications expenses. $622 $622 Reduce funds for personal services. ($63,666) ($63,666) Reduce funds for contractual services. ($10,000) ($10,000) Amount appropriated in this Act $2,382,499 $2,382,499 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 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 Prior Year Funds - Other State Funds $1,554,556,098 $994,563,420 $1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614 $60,867,092 $53,771,331 $9,551,600 $321,190,139 $396,938,127 $64,333,037 $2,841,500 $60,762,024 $729,513 $491,050,807 1194 JOURNAL OF THE SENATE State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments $484,859,001 $6,191,806 $4,608,834 $4,608,834 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. 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 $87,753,710 Federal Funds and Grants $53,449,931 Temporary Assistance for Needy Families Block Grant $16,400,000 Federal Funds Not Specifically Identified $37,049,931 TUESDAY, MARCH 5, 2013 1195 Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $46,500 $46,500 $34,257,279 $34,257,279 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 $15,691,720 Federal Funds and Grants $15,691,720 Temporary Assistance for Needy Families Block Grant $15,500,000 Federal Funds Not Specifically Identified $191,720 27.3. 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 $2,153,794 Federal Funds and Grants $619,263 Foster Care Title IV-E $619,263 State Funds $1,534,531 State General Funds $1,534,531 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,581,992 $2,220,406 Reduce funds for one vacant surveyor position. ($47,461) ($66,612) Amount appropriated in this Act $1,534,531 $2,153,794 27.4. Child Care Services Purpose: The purpose of this appropriation is to permit low-income families to be selfreliant while protecting the safety and well-being of their children by ensuring access to child care. Total Funds $9,082,178 Federal Funds and Grants $9,082,178 Child Care and Development Block Grant $9,082,178 27.5. Child Support Services Purpose: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. 1196 JOURNAL OF THE SENATE Total Funds $97,106,598 Federal Funds and Grants $69,935,478 Social Services Block Grant $120,000 Federal Funds Not Specifically Identified $69,815,478 Other Funds $2,841,500 Agency Funds $2,841,500 State Funds $23,933,860 State General Funds $23,933,860 Intra-State Government Transfers $395,760 Other Intra-State Government Payments $395,760 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $24,606,037 $99,083,589 Eliminate 35 vacant positions. ($526,670) ($1,549,029) Reduce funds for operating expenses. ($145,507) ($427,962) Amount appropriated in this Act $23,933,860 $97,106,598 27.6. 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 $248,898,658 Federal Funds and Grants $147,919,258 CCDF Mandatory and Matching Funds $189,956 Foster Care Title IV-E $29,203,771 Medical Assistance Program $159,050 Social Services Block Grant $9,089,845 Temporary Assistance for Needy Families Block Grant $80,600,000 Federal Funds Not Specifically Identified $28,676,636 Other Funds $8,500,000 Other Funds - Not Specifically Identified $8,500,000 State Funds $92,366,911 State General Funds $92,366,911 Intra-State Government Transfers $112,489 Other Intra-State Government Payments $112,489 27.7. Child Welfare Services - Special Project Purpose: The purpose of this appropriation is to increase funds for Child Advocacy Centers. TUESDAY, MARCH 5, 2013 1197 Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant $250,000 $250,000 $250,000 27.8. 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 $15,884,951 Federal Funds and Grants $15,884,951 Community Service Block Grant $15,884,951 27.9. 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 $99,157,311 Federal Funds and Grants $47,041,845 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 $5,590,134 Low-Income Home Energy Assistance $200,000 Medical Assistance Program $4,437,952 Social Services Block Grant $2,539,375 Temporary Assistance for Needy Families Block Grant $8,095,249 Federal Funds Not Specifically Identified $24,758,293 Other Funds $11,187,482 Other Funds - Not Specifically Identified $11,187,482 State Funds $36,827,399 State General Funds $36,827,399 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 (HB 742) $37,586,501 $100,242,736 Reduce funds to reflect an adjustment in property liability premiums. ($8,906) ($8,906) Reflect an adjustment in telecommunications expenses. ($1,475,827) ($1,475,827) Reduce funds for personal services. ($339,543) ($339,543) 1198 JOURNAL OF THE SENATE Reduce funds for operating expenses. Reduce funds for computer charges. Reduce funds for contractual services in information technology. Reduce funds for Liberty County DFCS office rent. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act ($86,266) ($81,110) ($717,450) ($50,000) $2,000,000 $36,827,399 ($102,038) ($112,653) ($996,458) ($50,000) $2,000,000 $99,157,311 27.10. 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 $17,730,036 Federal Funds and Grants $3,573,433 Medical Assistance Program $500,000 Social Services Block Grant $2,279,539 Federal Funds Not Specifically Identified $793,894 State Funds $14,156,603 State General Funds $14,156,603 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $14,212,422 $17,785,855 Reduce funds for personal services. ($55,819) ($55,819) Amount appropriated in this Act $14,156,603 $17,730,036 27.11. 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 $110,565,064 Federal Funds and Grants $41,416,802 Medical Assistance Program $13,765,259 Social Services Block Grant $3,761,430 Federal Funds Not Specifically Identified $23,890,113 State Funds $69,148,262 State General Funds $64,074,385 Tobacco Settlement Funds $5,073,877 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1199 Amount from prior Appropriation Act (HB 742) Reduce funds to reflect a revised expenditure projection for the Community Care Services Program. Amount appropriated in this Act State Funds $71,786,918 ($2,638,656) Total Funds $113,203,720 ($2,638,656) $69,148,262 $110,565,064 27.12. 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 27.13. Energy Assistance Purpose: The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. Total Funds $51,201,001 Federal Funds and Grants $51,201,001 Low-Income Home Energy Assistance $51,201,001 27.14. 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 $13,885,494 Federal Funds and Grants $2,083,044 Federal Funds Not Specifically Identified $2,083,044 State Funds $11,802,450 State General Funds $11,802,450 27.15. Federal Eligibility Benefit Services Purpose: The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF). Total Funds $239,684,861 Federal Funds and Grants $126,313,967 1200 JOURNAL OF THE SENATE Child Care and Development Block Grant $900,000 Foster Care Title IV-E $2,882,030 Low-Income Home Energy Assistance $365,613 Medical Assistance Program $40,832,012 Temporary Assistance for Needy Families Block Grant $19,628,860 Federal Funds Not Specifically Identified $61,705,452 Other Funds $10,234,164 Other Funds - Not Specifically Identified $10,234,164 State Funds $103,136,730 State General Funds $103,136,730 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $103,489,119 $240,037,250 Reflect an adjustment in telecommunications expenses. ($352,389) ($352,389) Amount appropriated in this Act $103,136,730 $239,684,861 27.16. 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 $61,768,742 Federal Funds and Grants $61,768,742 Social Services Block Grant $35,981,142 Temporary Assistance for Needy Families Block Grant $25,787,600 27.17. 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 $194,115,886 Federal Funds and Grants $126,528,773 Foster Care Title IV-E $34,705,392 Temporary Assistance for Needy Families Block Grant $91,734,359 Federal Funds Not Specifically Identified $89,022 State Funds $67,587,113 State General Funds $67,587,113 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $67,637,113 $194,165,886 TUESDAY, MARCH 5, 2013 1201 Reduce funds added in HB 742 (2012 Session) for KidsPeace. Utilize surplus Temporary Assistance for Needy Families (TANF) funds for increase in out-of-home care utilization.(G:YES) (CC:YES) Amount appropriated in this Act ($50,000) $0 ($50,000) $0 $67,587,113 $194,115,886 27.18. 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 Federal Funds Not Specifically Identified $8,749,006 27.19. 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 27.20. 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 following appropriations are for agencies attached for administrative purposes. 27.21. 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 $198,973 1202 JOURNAL OF THE SENATE State Funds $198,973 State General Funds $198,973 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $205,127 $205,127 Reduce funds for personal services. ($6,154) ($6,154) Amount appropriated in this Act $198,973 $198,973 27.22. 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 $9,677,967 Federal Funds and Grants $1,172,819 Medical Assistance Program $1,172,819 State Funds $8,505,148 State General Funds $8,505,148 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $9,032,225 $9,754,007 Eliminate two vacant administrative positions. ($76,040) ($76,040) Replace state funds with federal funds. ($451,037) $0 Amount appropriated in this Act $8,505,148 $9,677,967 27.23. 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 $2,579,279 Federal Funds and Grants $2,311,624 Federal Funds Not Specifically Identified $2,311,624 State Funds $267,655 State General Funds $267,655 27.24. 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 $3,584,270 Federal Funds and Grants $2,335,411 TUESDAY, MARCH 5, 2013 1203 Federal Funds Not Specifically Identified $2,335,411 State Funds $1,248,859 State General Funds $1,248,859 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,401,526 $3,736,937 Reduce funds for personal services. ($152,667) ($152,667) Amount appropriated in this Act $1,248,859 $3,584,270 27.25. 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 27.26. 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 $11,099,375 Prior Year Funds - Other $729,513 27.27. 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 $36,511,860 Federal Funds and Grants $6,994,089 Federal Funds Not Specifically Identified $6,994,089 Other Funds $18,888,287 Other Funds - Not Specifically Identified $18,888,287 State Funds $10,629,484 State General Funds $10,629,484 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,484,053 $31,366,429 1204 JOURNAL OF THE SENATE Transfer funds from the Vocational Rehabilitation program to align budget with expenditures for vocational rehabilitation services. Adjust funds based on projected expenditures. Amount appropriated in this Act $145,431 $145,431 $5,000,000 $10,629,484 $5,000,000 $36,511,860 27.28. 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 $78,968,670 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 $12,495,301 State General Funds $12,495,301 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $13,031,299 $79,504,668 Reduce funds for personal services. ($390,567) ($390,567) Transfer funds to the Roosevelt Warm Springs Institute program to align budget with expenditures for vocational rehabilitation services. ($145,431) ($145,431) Amount appropriated in this Act $12,495,301 $78,968,670 Section 28: Insurance, Office of the Commission of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $21,189,143 $2,126,966 $2,126,966 $97,232 $81,806 $15,426 $18,964,945 $18,964,945 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. TUESDAY, MARCH 5, 2013 1205 Total Funds $1,707,714 State Funds $1,707,714 State General Funds $1,707,714 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,699,506 $1,699,506 Reduce funds to reflect an adjustment in property liability premiums. ($397) ($397) Reflect an adjustment in telecommunications expenses. $8,605 $8,605 Amount appropriated in this Act $1,707,714 $1,707,714 28.2. Enforcement Purpose: The purpose of this appropriation is to provide legal advice and to initiate legal proceedings with regard to enforcement of specific provisions of state law relating to insurance, industrial loan, fire safety, and fraud. Total Funds $743,485 State Funds $743,485 State General Funds $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 $8,218,538 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 $6,998,199 State General Funds $6,998,199 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,403,077 $8,623,416 Reduce funds for personal services. ($223,667) ($223,667) Eliminate the contract with the Department of Labor for information technology services. ($28,047) ($28,047) 1206 JOURNAL OF THE SENATE Reduce funds for operating expenses. Reduce funds to align budget with expenditures. Amount appropriated in this Act ($8,332) ($144,832) $6,998,199 ($8,332) ($144,832) $8,218,538 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 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 $5,835,694 Federal Funds and Grants $1,003,859 Federal Funds Not Specifically Identified $1,003,859 State Funds $4,831,835 State General Funds $4,831,835 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,037,835 $6,041,694 Reduce funds for personal services. ($206,000) ($206,000) Amount appropriated in this Act $4,831,835 $5,835,694 28.6. Special Fraud Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. Total Funds $4,037,712 State Funds $4,037,712 State General Funds $4,037,712 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,437,712 $3,437,712 TUESDAY, MARCH 5, 2013 Increase funds to reflect assessments on insurance providers for additional fraud detection coverage. Amount appropriated in this Act $600,000 $4,037,712 1207 $600,000 $4,037,712 Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $128,969,124 $27,148,061 $27,148,061 $22,487,237 $22,487,237 $79,333,826 $79,333,826 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 $8,297,697 Federal Funds and Grants $30,000 Federal Funds Not Specifically Identified $30,000 State Funds $8,267,697 State General Funds $8,267,697 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,275,139 $7,305,139 Reduce funds to reflect an adjustment in property liability premiums. ($5,928) ($5,928) Reflect an adjustment in telecommunications expenses. $1,048,486 $1,048,486 Reduce funds for personal services. (CC:YES) ($50,000) ($50,000) Amount appropriated in this Act $8,267,697 $8,297,697 29.2. Criminal Justice Information Services Purpose: The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program. Total Funds $10,296,523 Federal Funds and Grants $181,425 1208 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $181,425 Other Funds $5,574,412 Other Funds - Not Specifically Identified $5,574,412 State Funds $4,540,686 State General Funds $4,540,686 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,153,521 $10,314,319 Reduce funds to reflect an adjustment in property liability premiums. ($17,796) ($17,796) Replace state funds with other funds for operations to ($1,115,039) $0 reflect revised revenue projections. Replace state funds with additional anticipated revenues from fingerprint fees for operations. ($480,000) $0 Amount appropriated in this Act $4,540,686 $10,296,523 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 $26,901,323 Federal Funds and Grants $81,131 Federal Funds Not Specifically Identified $81,131 Other Funds $157,865 Other Funds - Not Specifically Identified $157,865 State Funds $26,662,327 State General Funds $26,662,327 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $26,558,210 $26,797,206 Reduce funds to reflect an adjustment in property liability premiums. ($99,828) ($99,828) Reflect an adjustment in telecommunications expenses. $300,000 $300,000 Reduce funds for personal services. ($96,055) ($96,055) Amount appropriated in this Act $26,662,327 $26,901,323 TUESDAY, MARCH 5, 2013 1209 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 $29,843,681 Federal Funds and Grants $1,240,883 Federal Funds Not Specifically Identified $1,240,883 Other Funds $204,682 Other Funds - Not Specifically Identified $204,682 State Funds $28,398,116 State General Funds $28,398,116 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $28,244,689 $29,690,254 Reduce funds to reflect an adjustment in property liability premiums. ($18,444) ($18,444) Reflect an adjustment in telecommunications expenses. $300,000 $300,000 Reduce funds for personal services. ($109,503) ($109,503) Reduce funds for telecommunications by eliminating landlines for employees who have business cell phones. ($18,626) ($18,626) Amount appropriated in this Act $28,398,116 $29,843,681 The following appropriations are for agencies attached for administrative purposes. 29.5. 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 $53,629,900 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 $11,465,000 State General Funds $11,465,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1210 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Reduce funds for temporary labor. Reduce funds to reflect projected Accountability Court expenditures. Amount appropriated in this Act State Funds $11,984,709 $4,008 ($10,531) ($513,186) $11,465,000 Total Funds $54,149,609 $4,008 ($10,531) ($513,186) $53,629,900 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 $299,337,798 $1,524,955 $1,524,955 $5,346,927 $5,346,927 $292,465,916 $292,465,916 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: nonsecure detention shelters, housebound detention, emergency shelters, a short-term stay in a residential placement, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. Total Funds $84,289,944 Other Funds $1,724,638 Other Funds - Not Specifically Identified $1,724,638 State Funds $82,565,306 State General Funds $82,565,306 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $88,760,377 $90,485,015 Reduce funds to reflect an adjustment in property liability premiums. ($2,315) ($2,315) Reflect an adjustment in telecommunications expenses. $189,496 $189,496 TUESDAY, MARCH 5, 2013 1211 Eliminate funds for contracts in low utilization programs. Reduce funds for contracts by switching 114 nonsecure detention monitoring slots not in independent court districts to active GPS monitoring. Reduce funds for personal services. Reflect a change in the purpose statement. (CC:YES) Amount appropriated in this Act ($4,881,867) ($4,881,867) ($696,811) ($696,811) ($803,574) $0 $82,565,306 ($803,574) $0 $84,289,944 30.2. 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 $27,414,054 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 $26,864,172 State General Funds $26,864,172 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $26,944,170 $27,494,052 Reduce funds to reflect an adjustment in property liability premiums. ($6,693) ($6,693) Reflect an adjustment in telecommunications expenses. $227,725 $227,725 Reduce funds for personal services. ($301,030) ($301,030) Amount appropriated in this Act $26,864,172 $27,414,054 30.3. 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 $82,976,377 Federal Funds and Grants $1,089,360 Federal Funds Not Specifically Identified $1,089,360 Other Funds $1,578,199 Other Funds - Not Specifically Identified $1,578,199 1212 JOURNAL OF THE SENATE State Funds $80,308,818 State General Funds $80,308,818 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $81,513,332 $84,180,891 Reduce funds to reflect an adjustment in property liability premiums. ($45,066) ($45,066) Reflect an adjustment in telecommunications expenses. $83,371 $83,371 Reduce funds for operating expenses related to education services at multiple YDCs. ($483,670) ($483,670) Eliminate two recreation staff positions at Eastman YDC. ($29,575) ($29,575) Reduce funds for personal services. ($729,574) ($729,574) Amount appropriated in this Act $80,308,818 $82,976,377 30.4. 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 $104,657,423 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 $102,727,620 State General Funds $102,727,620 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $103,529,255 $105,459,058 Reduce funds to reflect an adjustment in property liability premiums. ($46,118) ($46,118) Reflect an adjustment in telecommunications expenses. $111,080 $111,080 Reduce funds for personal services. ($866,597) ($866,597) Amount appropriated in this Act $102,727,620 $104,657,423 TUESDAY, MARCH 5, 2013 1213 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 $136,160,509 $122,284,919 $122,284,919 $13,735,317 $13,735,317 $140,273 $140,273 31.1. 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 $32,804,813 Federal Funds and Grants $31,312,292 Federal Funds Not Specifically Identified $31,312,292 State Funds $1,352,248 State General Funds $1,352,248 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 (HB 742) $1,818,382 $33,270,947 Reduce funds to reflect an adjustment in property liability premiums. ($5,590) ($5,590) Reflect an adjustment in telecommunications expenses. ($1,877) ($1,877) Reduce funds for personal services and eliminate one filled position. ($171,736) ($171,736) Reduce funds for operating expenses. ($286,931) ($286,931) Amount appropriated in this Act $1,352,248 $32,804,813 31.2. 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 1214 JOURNAL OF THE SENATE 31.3. 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 31.4. 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 $46,142,946 Federal Funds and Grants $39,549,568 Federal Funds Not Specifically Identified $39,549,568 State Funds $6,593,378 State General Funds $6,593,378 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,798,338 $46,347,906 Reflect an adjustment in telecommunications expenses. ($1,010) ($1,010) Eliminate funds for four filled positions. ($203,950) ($203,950) Amount appropriated in this Act $6,593,378 $46,142,946 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 $59,753,206 $3,597,990 $3,597,990 $37,377,433 $37,377,433 $18,777,783 $18,777,783 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 TUESDAY, MARCH 5, 2013 1215 prepare all contracts and agreements regarding any matter in which the State of Georgia is involved. Total Funds $55,022,264 Other Funds $37,375,322 Other Funds - Not Specifically Identified $37,375,322 State Funds $17,646,942 State General Funds $17,646,942 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $17,702,607 $55,077,929 Reduce funds to reflect an adjustment in property liability premiums. ($269) ($269) Reflect an adjustment in telecommunications expenses. ($55,396) ($55,396) Amount appropriated in this Act $17,646,942 $55,022,264 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 $4,730,942 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 $1,130,841 State General Funds $1,130,841 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,135,658 $4,735,759 Reflect an adjustment in telecommunications expenses. ($4,817) ($4,817) Amount appropriated in this Act $1,130,841 $4,730,942 Section 33: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning and Construction Federal Funds Not Specifically Identified $251,338,962 $54,101,622 $11,607 $54,090,015 1216 JOURNAL OF THE SENATE Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds $107,309,338 $24,259,164 $82,946,261 $103,913 $89,928,002 $89,928,002 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 $6,622,996 Federal Funds and Grants $4,470,663 Federal Funds Not Specifically Identified $4,470,663 Other Funds $110,329 Other Funds - Not Specifically Identified $110,329 State Funds $2,042,004 State General Funds $2,042,004 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,114,490 $6,695,482 Reflect an adjustment in telecommunications expenses. $17,212 $17,212 Replace state funds with existing federal funds for operating expenses. ($69,698) ($69,698) TUESDAY, MARCH 5, 2013 1217 Reduce funds for operating expenses. Amount appropriated in this Act ($20,000) $2,042,004 ($20,000) $6,622,996 33.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department. Total Funds $11,606,222 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 $11,457,157 State General Funds $11,457,157 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $11,559,274 $11,708,339 Reduce funds to reflect an adjustment in property liability premiums. ($147,804) ($147,804) Reflect an adjustment in telecommunications expenses. $91,583 $91,583 Reduce funds for operating expenses. ($45,896) ($45,896) Amount appropriated in this Act $11,457,157 $11,606,222 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 $114,919,334 Federal Funds and Grants $32,861,619 Federal Funds Not Specifically Identified $32,861,619 1218 JOURNAL OF THE SENATE Other Funds $56,778,515 Agency Funds $24,259,164 Other Funds - Not Specifically Identified $32,519,351 State Funds $25,279,200 State General Funds $25,279,200 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $25,928,053 $115,568,187 Reduce funds to reflect an adjustment in property liability premiums. ($4,148) ($4,148) Reflect an adjustment in telecommunications expenses. $201,686 $201,686 Reduce funds for personal services and eliminate six vacant positions. ($606,391) ($606,391) Reduce funds for contracts. ($240,000) ($240,000) Amount appropriated in this Act $25,279,200 $114,919,334 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: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,397,423 $3,397,423 Retain 100% of funds and utilize for clean-up activities, local government reimbursement requests, and operating expenses. (CC:YES) $0 $0 Amount appropriated in this Act $3,397,423 $3,397,423 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. TUESDAY, MARCH 5, 2013 1219 Total Funds $2,320,413 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 $1,299,626 State General Funds $1,299,626 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,306,663 $2,327,450 Reflect an adjustment in telecommunications expenses. $11,279 $11,279 Replace state funds with existing federal funds for personal services. ($18,316) ($18,316) Amount appropriated in this Act $1,299,626 $2,320,413 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 $56,570,747 Federal Funds and Grants $1,704,029 Federal Funds Not Specifically Identified $1,704,029 Other Funds $41,480,954 Other Funds - Not Specifically Identified $41,480,954 State Funds $13,385,764 State General Funds $13,385,764 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $13,696,318 $56,881,301 Reflect an adjustment in telecommunications expenses. $108,177 $108,177 Reduce funds for operating expenses. ($62,073) ($62,073) Reduce funds for personal services and eliminate two filled positions. ($356,658) ($356,658) Amount appropriated in this Act $13,385,764 $56,570,747 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 byproduct reuse and recycling. 1220 JOURNAL OF THE SENATE Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified Prior Year Funds - Other $211,893 $96,580 $96,580 $115,313 $11,400 $103,913 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 $1,865,775 State Funds $1,865,775 State General Funds $1,865,775 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,923,479 $1,923,479 Reduce funds for operating expenses. ($57,704) ($57,704) Amount appropriated in this Act $1,865,775 $1,865,775 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 $53,824,159 Federal Funds and Grants $13,837,944 Federal Funds Not Specifically Identified $13,837,944 Other Funds $8,785,162 Other Funds - Not Specifically Identified $8,785,162 State Funds $31,201,053 State General Funds $31,201,053 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $32,129,399 $54,752,505 Reflect an adjustment in telecommunications expenses. $274,648 $274,648 TUESDAY, MARCH 5, 2013 1221 Reduce funds for personal services, and eliminate two filled positions and three vacant positions. Replace state funds with existing federal funds. Reduce funds for operating expenses. Amount appropriated in this Act ($625,934) ($251,298) ($325,762) $31,201,053 ($625,934) ($251,298) ($325,762) $53,824,159 Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $53,878,492 $806,050 $806,050 $53,072,442 $53,072,442 34.1. Board Administration Purpose: The purpose of this appropriation is to provide administrative support for the agency. Total Funds $4,776,712 State Funds $4,776,712 State General Funds $4,776,712 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,952,894 $4,952,894 Reduce funds to reflect an adjustment in property liability premiums. ($1,092) ($1,092) Reflect an adjustment in telecommunications expenses. ($7,085) ($7,085) Reduce funds for computer expenses. ($168,005) ($168,005) Amount appropriated in this Act $4,776,712 $4,776,712 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 $11,601,066 State Funds $11,601,066 State General Funds $11,601,066 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1222 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Reduce funds for personal services. Transfer funds and two positions from the Parole Supervision program to support the transition center max-out initiative. Amount appropriated in this Act State Funds $11,610,330 ($1,134) ($43,000) $34,870 Total Funds $11,610,330 ($1,134) ($43,000) $34,870 $11,601,066 $11,601,066 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 $37,050,013 Federal Funds and Grants $806,050 Federal Funds Not Specifically Identified $806,050 State Funds $36,243,963 State General Funds $36,243,963 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $36,867,564 $37,673,614 Reflect an adjustment in telecommunications expenses. ($19,837) ($19,837) Reduce funds for personal services. ($238,638) ($238,638) Reduce funds for operating expenses as part of the virtual office initiative. ($55,900) ($55,900) Transfer funds and two positions to the Clemency Decisions program to support the transition center maxout initiative. ($34,870) ($34,870) Reduce funds for real estate rentals as part of the virtual office initiative. ($274,356) ($274,356) Amount appropriated in this Act $36,243,963 $37,050,013 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 $450,701 State Funds $450,701 TUESDAY, MARCH 5, 2013 1223 State General Funds $450,701 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $450,983 $450,983 Reflect an adjustment in telecommunications expenses. ($282) ($282) Amount appropriated in this Act $450,701 $450,701 Section 35: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified Prior Year Funds - Other $820,201 $820,201 $705,234 $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 $820,201 Other Funds $820,201 Other Funds - Not Specifically Identified $705,234 Prior Year Funds - Other $114,967 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $842,012 Reduce funds for operating expenses. $0 ($21,811) Amount appropriated in this Act $0 $820,201 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1224 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 742) Increase payments to Treasury by $155,934 from $1,996,734 to $2,152,668. (CC:YES) Amount appropriated in this Act State Funds $0 $0 $0 Total Funds $0 $0 $0 Section 36: Public Defender Standards Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $40,668,355 $340,000 $340,000 $40,328,355 $40,328,355 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 $6,293,567 Other Funds $340,000 Other Funds - Not Specifically Identified $340,000 State Funds $5,953,567 State General Funds $5,953,567 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,005,496 $6,345,496 Reflect an adjustment in telecommunications expenses. ($6,846) ($6,846) Reduce funds for personal services. ($45,083) ($45,083) Amount appropriated in this Act $5,953,567 $6,293,567 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 $34,374,788 State Funds $34,374,788 State General Funds $34,374,788 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1225 Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act State Funds $34,395,328 ($20,540) $34,374,788 Total Funds $34,395,328 ($20,540) $34,374,788 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 $698,968,678 $431,199,269 $20,886,897 $2,419,641 $1,940,650 $10,404,530 $395,547,551 $52,423,532 $889,332 $51,534,200 $215,256,808 $2,396,580 $200,847,108 $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 $38,111,648 Federal Funds and Grants $28,088,004 Maternal and Child Health Services Block Grant $1,000,000 Preventive Health and Health Services Block Grant $149,000 Temporary Assistance for Needy Families Block Grant $10,404,530 Federal Funds Not Specifically Identified $16,534,474 Other Funds $1,237,224 Other Funds - Not Specifically Identified $1,237,224 State Funds $8,786,420 State General Funds $3,633,981 Tobacco Settlement Funds $5,152,439 1226 JOURNAL OF THE SENATE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $8,903,663 $38,228,891 Eliminate three vacant positions in adolescent health and youth development due to organizational restructure. ($172,243) ($172,243) Provide funds for the SHAPE Initiative contract. $85,000 $85,000 Reduce funds for programmatic grant-in-aid. ($30,000) ($30,000) Amount appropriated in this Act $8,786,420 $38,111,648 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 $7,524,986 Federal Funds and Grants $300,000 Preventive Health and Health Services Block Grant $300,000 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 (HB 742) $7,224,986 $7,524,986 Amount appropriated in this Act $7,224,986 $7,524,986 37.3. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs. Total Funds $28,862,077 Federal Funds and Grants $7,654,298 Medical Assistance Program $1,807,258 Preventive Health and Health Services Block Grant $471,900 Federal Funds Not Specifically Identified $5,375,140 State Funds $21,207,779 State General Funds $21,075,984 Tobacco Settlement Funds $131,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1227 Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for personal services ($1,880,240) and operating expenses ($40,000). Amount appropriated in this Act State Funds $20,492,715 ($7,399) Total Funds $28,147,013 ($7,399) $2,642,703 $2,642,703 ($1,920,240) ($1,920,240) $21,207,779 $28,862,077 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 $37,752,934 Federal Funds and Grants $35,127,019 Maternal and Child Health Services Block Grant $280,000 Preventive Health and Health Services Block Grant $100,000 Federal Funds Not Specifically Identified $34,747,019 Other Funds $221,976 Other Funds - Not Specifically Identified $221,976 State Funds $2,403,939 State General Funds $2,403,939 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,753,939 $38,102,934 Eliminate 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 $2,403,939 $37,752,934 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 1228 JOURNAL OF THE SENATE Agency Funds State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments $25,156 $4,164,813 $4,049,176 $115,637 $17,600 $17,600 37.6. Immunization Purpose: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $10,911,464 Federal Funds and Grants $8,405,559 Preventive Health and Health Services Block Grant $500,000 Federal Funds Not Specifically Identified $7,905,559 State Funds $2,505,125 State General Funds $2,505,125 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 $47,544,604 Federal Funds and Grants $27,264,919 Maternal and Child Health Services Block Grant $8,698,918 Federal Funds Not Specifically Identified $18,566,001 Other Funds $75,000 Other Funds - Not Specifically Identified $75,000 State Funds $20,204,685 State General Funds $20,204,685 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $22,079,771 $49,419,690 Replace state funds with existing federal funds in the oral health prevention program. ($475,340) ($475,340) Reduce funds for programmatic grant-in-aid. ($1,101,746) ($1,101,746) Recognize contract savings by moving high cost hemophilia clients into the federal Pre-Existing Condition Insurance Plan (PECIP). ($298,000) ($298,000) Amount appropriated in this Act $20,204,685 $47,544,604 TUESDAY, MARCH 5, 2013 1229 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 $319,519,029 Federal Funds and Grants $257,026,187 Maternal and Child Health Services Block Grant $10,623,280 Medical Assistance Program $119,108 Federal Funds Not Specifically Identified $246,283,799 Other Funds $50,245,945 Agency Funds $245,945 Other Funds - Not Specifically Identified $50,000,000 State Funds $12,176,208 State General Funds $12,176,208 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 (HB 742) $12,203,708 $319,546,529 Reduce funds for programmatic grant-in-aid. ($27,500) ($27,500) Amount appropriated in this Act $12,176,208 $319,519,029 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 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 1230 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $547,530 $618,231 $618,231 $3,571,617 $3,571,617 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 $81,858,778 Federal Funds and Grants $493,275 Medical Assistance Program $493,275 State Funds $81,365,503 State General Funds $81,365,503 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $81,858,779 $82,845,330 Reduce funds for programmatic grant-in-aid. ($493,276) ($986,552) Amount appropriated in this Act $81,365,503 $81,858,778 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 State Funds $3,590,562 State General Funds $3,590,562 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 TUESDAY, MARCH 5, 2013 1231 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 $15,159,098 State Funds $15,159,098 State General Funds $15,159,098 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $15,937,214 $15,937,214 Reduce funds for contractual services. ($778,116) ($778,116) Amount appropriated in this Act $15,159,098 $15,159,098 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 $184,362,284 $33,824,374 $33,824,374 $3,881,145 $3,881,145 $111,889,674 $111,889,674 $34,767,091 $34,767,091 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 $7,459,046 Federal Funds and Grants $243,034 Federal Funds Not Specifically Identified $243,034 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $3,116,012 State General Funds $3,116,012 Intra-State Government Transfers $4,000,000 1232 JOURNAL OF THE SENATE Other Intra-State Government Payments $4,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,114,878 $7,457,912 Reflect an adjustment in telecommunications expenses. $1,134 $1,134 Amount appropriated in this Act $3,116,012 $7,459,046 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 $7,372,499 Intra-State Government Transfers $7,372,499 Other Intra-State Government Payments $7,372,499 38.3. Departmental Administration Purpose: The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. Total Funds $8,280,566 Federal Funds and Grants $141,571 Federal Funds Not Specifically Identified $141,571 Other Funds $3,510 Other Funds - Not Specifically Identified $3,510 State Funds $8,135,485 State General Funds $8,135,485 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $8,249,014 $8,394,095 Reflect an adjustment in telecommunications expenses. $4,676 $4,676 Reduce funds for operating expenses. ($30,000) ($30,000) Reduce funds for personal services. ($88,205) ($88,205) Amount appropriated in this Act $8,135,485 $8,280,566 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, TUESDAY, MARCH 5, 2013 1233 visiting dignitaries, and other important individuals as determined by the Commissioner. Total Funds $2,126,892 State Funds $1,790,127 State General Funds $1,790,127 Intra-State Government Transfers $336,765 Other Intra-State Government Payments $336,765 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,602,488 $1,939,253 Reflect an adjustment in telecommunications expenses. $810 $810 Transfer funds for personal services from Field Offices and Services to properly align budget to expenditures. $159,929 $159,929 Increase funds to reflect projected expenditures. $26,900 $26,900 Amount appropriated in this Act $1,790,127 $2,126,892 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 $93,119,017 Federal Funds and Grants $8,096,038 Federal Funds Not Specifically Identified $8,096,038 Other Funds $1,252,400 Other Funds - Not Specifically Identified $1,252,400 State Funds $76,250,579 State General Funds $76,250,579 Intra-State Government Transfers $7,520,000 Other Intra-State Government Payments $7,520,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $77,541,397 $94,409,835 Reduce funds to reflect an adjustment in property liability premiums. ($21,781) ($21,781) Reflect an adjustment in telecommunications expenses. $71,931 $71,931 Reduce funds for operating expenses. ($140,877) ($140,877) Reduce funds for personal services. ($90,162) ($90,162) 1234 JOURNAL OF THE SENATE Transfer funds for personal services to Executive Security Services to properly align budget to expenditures. Delay the start of the state funded Trooper School until FY 2014. Amount appropriated in this Act ($159,929) ($159,929) ($950,000) $76,250,579 ($950,000) $93,119,017 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 $23,390,720 Federal Funds and Grants $6,277,159 Federal Funds Not Specifically Identified $6,277,159 Other Funds $70,160 Other Funds - Not Specifically Identified $70,160 State Funds $3,926,364 State General Funds $3,926,364 Intra-State Government Transfers $13,117,037 Other Intra-State Government Payments $13,117,037 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $10,125,133 $24,526,922 Reflect an adjustment in telecommunications expenses. $851 $851 Reduce funds for operating expenses. ($25,000) ($25,000) Reduce funds for personal services and recognize savings due to a delay in hiring civilian weighmasters and Motor Carrier Compliance Division officers. ($978,667) ($978,667) Reduce funds for computer expenses. ($133,386) ($133,386) Replace state funds with other funds for operations. ($5,062,567) $0 Amount appropriated in this Act $3,926,364 $23,390,720 38.7. Specialized Collision Reconstruction Team Purpose: The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request. TUESDAY, MARCH 5, 2013 1235 Total Funds $3,481,202 State Funds $3,275,664 State General Funds $3,275,664 Intra-State Government Transfers $205,538 Other Intra-State Government Payments $205,538 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,274,853 $3,480,391 Reflect an adjustment in telecommunications expenses. $811 $811 Amount appropriated in this Act $3,275,664 $3,481,202 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 $1,502,824 State Funds $1,502,824 State General Funds $1,502,824 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,502,013 $1,502,013 Reflect an adjustment in telecommunications expenses. $811 $811 Amount appropriated in this Act $1,502,824 $1,502,824 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 $634,993 State Funds $634,993 State General Funds $634,993 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $635,005 $635,005 1236 JOURNAL OF THE SENATE Reduce funds to reflect an adjustment in property liability premiums. Amount appropriated in this Act ($12) $634,993 ($12) $634,993 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 $18,229,082 Federal Funds and Grants $17,327,181 Federal Funds Not Specifically Identified $17,327,181 Other Funds $250 Other Funds - Not Specifically Identified $250 State Funds $446,399 State General Funds $446,399 Intra-State Government Transfers $455,252 Other Intra-State Government Payments $455,252 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $368,599 $18,151,282 Reflect an adjustment in telecommunications expenses. $11,543 $11,543 Reduce funds for real estate rentals. ($11,058) ($11,058) Increase funds for five positions to offset a loss of federal funds. $77,315 $77,315 Amount appropriated in this Act $446,399 $18,229,082 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 $2,736,394 Other Funds $358,051 Other Funds - Not Specifically Identified $358,051 State Funds $2,378,343 State General Funds $2,378,343 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1237 Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Replace state funds with other funds for operations.(G:YES) (CC:YES) Reduce funds for personal services. (CC:YES) Amount appropriated in this Act State Funds $2,471,897 ($160) $2,837 ($50,000) ($46,231) $2,378,343 Total Funds $2,779,948 ($160) $2,837 $0 ($46,231) $2,736,394 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 $16,029,049 Federal Funds and Grants $1,739,391 Federal Funds Not Specifically Identified $1,739,391 Other Funds $2,096,774 Other Funds - Not Specifically Identified $2,096,774 State Funds $10,432,884 State General Funds $10,432,884 Intra-State Government Transfers $1,760,000 Other Intra-State Government Payments $1,760,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $10,611,301 $16,207,466 Reduce funds to reflect an adjustment in property liability premiums. ($28,197) ($28,197) Reflect an adjustment in telecommunications expenses. $18,119 $18,119 Reduce funds for operating expenses. ($59,498) ($59,498) Reduce funds for personal services and eliminate two vacant positions. ($108,841) ($108,841) Amount appropriated in this Act $10,432,884 $16,029,049 Section 39: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $9,214,770 $1,300,246 $1,300,246 $7,673,049 $7,673,049 1238 JOURNAL OF THE SENATE 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 $1,195,743 Federal Funds and Grants $83,500 Federal Funds Not Specifically Identified $83,500 State Funds $1,112,243 State General Funds $1,112,243 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,111,939 $1,195,439 Reduce funds to reflect an adjustment in property liability premiums. ($176) ($176) Reflect an adjustment in telecommunications expenses. $480 $480 Amount appropriated in this Act $1,112,243 $1,195,743 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 $2,111,437 Federal Funds and Grants $1,188,246 Federal Funds Not Specifically Identified $1,188,246 State Funds $923,191 State General Funds $923,191 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $977,613 $2,165,859 Reflect an adjustment in telecommunications expenses. $701 $701 Reduce funds for operating expenses. ($55,123) ($55,123) Amount appropriated in this Act $923,191 $2,111,437 39.3. Utilities Regulation Purpose: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. TUESDAY, MARCH 5, 2013 1239 Total Funds $5,907,590 Federal Funds and Grants $28,500 Federal Funds Not Specifically Identified $28,500 State Funds $5,637,615 State General Funds $5,637,615 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,874,014 $6,143,989 Reflect an adjustment in telecommunications expenses. $2,508 $2,508 Reduce funds for personal services. ($238,907) ($238,907) Reflect a change in the purpose statement. (CC:YES) $0 $0 Amount appropriated in this Act $5,637,615 $5,907,590 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 $6,268,126,013 $4,520,662,186 $2,488,606,751 $4,617,161 $2,027,438,274 $1,747,463,827 $1,747,463,827 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 $71,606,714 Other Funds $37,552,919 Agency Funds $15,552,919 Research Funds $22,000,000 State Funds $34,053,795 State General Funds $34,053,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $35,107,005 $72,659,924 Reduce funds for personal services. ($1,053,210) ($1,053,210) Amount appropriated in this Act $34,053,795 $71,606,714 1240 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 Agency Funds $4,760,149 Research Funds $184,373 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 $53,667,744 Other Funds $25,083,929 Agency Funds $21,102,370 Other Funds - Not Specifically Identified $231,559 Research Funds $3,750,000 State Funds $28,583,815 State General Funds $28,583,815 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $29,467,851 $54,551,780 Reduce funds for personal services. ($884,036) ($884,036) Amount appropriated in this Act $28,583,815 $53,667,744 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 $17,629,177 Other Funds $10,475,000 Agency Funds $10,475,000 State Funds $7,154,177 State General Funds $7,154,177 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1241 Amount from prior Appropriation Act (HB 742) Reduce funds for operating expenses. Amount appropriated in this Act State Funds $7,375,440 ($221,263) $7,154,177 Total Funds $17,850,440 ($221,263) $17,629,177 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 $1,063,690 Other Funds $575,988 Other Funds - Not Specifically Identified $100,000 Research Funds $475,988 State Funds $487,702 State General Funds $487,702 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $502,786 $1,078,774 Reduce funds for personal services. ($15,084) ($15,084) Amount appropriated in this Act $487,702 $1,063,690 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 $12,752,956 Other Funds $10,250,426 Agency Funds $590,634 Other Funds - Not Specifically Identified $659,792 Research Funds $9,000,000 State Funds $2,502,530 State General Funds $2,502,530 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,579,928 $12,830,354 Reduce funds for personal services. ($77,398) ($77,398) Amount appropriated in this Act $2,502,530 $12,752,956 1242 JOURNAL OF THE SENATE 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 $229,487,340 Other Funds $223,917,958 Research Funds $223,917,958 State Funds $5,569,382 State General Funds $5,569,382 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,791,631 $229,709,589 Reduce funds for operating expenses. ($172,249) ($172,249) Eliminate one-time funds for industrial storm water research. ($50,000) ($50,000) Amount appropriated in this Act $5,569,382 $229,487,340 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 $1,193,847 Other Funds $486,281 Agency Funds $118,633 Research Funds $367,648 State Funds $707,566 State General Funds $707,566 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1243 Amount from prior Appropriation Act (HB 742) Reduce funds for personal services. Amount appropriated in this Act State Funds $729,450 ($21,884) $707,566 Total Funds $1,215,731 ($21,884) $1,193,847 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 $2,508,676 Other Funds $1,345,529 Agency Funds $745,529 Research Funds $600,000 State Funds $1,163,147 State General Funds $1,163,147 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,199,121 $2,544,650 Reduce funds for personal services. ($35,974) ($35,974) Amount appropriated in this Act $1,163,147 $2,508,676 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 $28,297,463 State Funds $28,297,463 State General Funds $28,297,463 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $29,172,642 $29,172,642 Replace state funds with internally generated funds for personal services. ($875,179) ($875,179) Amount appropriated in this Act $28,297,463 $28,297,463 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. 1244 JOURNAL OF THE SENATE Total Funds $36,445,836 Other Funds $5,222,400 Agency Funds $5,222,400 State Funds $31,223,436 State General Funds $31,223,436 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $32,189,109 $37,411,509 Reduce funds for personal services and operating expenses. ($965,673) ($965,673) Amount appropriated in this Act $31,223,436 $36,445,836 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 $18,278,598 State Funds $18,278,598 State General Funds $18,278,598 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $18,843,915 $18,843,915 Reduce funds for personal services and operating expenses. ($565,317) ($565,317) Amount appropriated in this Act $18,278,598 $18,278,598 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 $8,102,099 State Funds $8,102,099 State General Funds $8,102,099 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $8,231,266 $8,231,266 Reduce funds to reflect an adjustment in property liability premiums. ($23,055) ($23,055) TUESDAY, MARCH 5, 2013 1245 Reflect an adjustment in telecommunications expenses. Reduce funds for personal services and operating expenses. Amount appropriated in this Act $104,473 ($210,585) $8,102,099 $104,473 ($210,585) $8,102,099 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 $6,104,447 State Funds $6,104,447 State General Funds $6,104,447 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,293,244 $6,293,244 Reduce funds for personal services and operating expenses. ($188,797) ($188,797) Amount appropriated in this Act $6,104,447 $6,104,447 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 $4,843,046 Other Funds $3,650,620 Agency Funds $900,000 Research Funds $2,750,620 State Funds $1,192,426 State General Funds $1,192,426 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,229,305 $4,879,925 Reduce funds for personal services. ($36,879) ($36,879) Amount appropriated in this Act $1,192,426 $4,843,046 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 $5,739,425,963 1246 JOURNAL OF THE SENATE Other Funds $4,183,908,853 Agency Funds $2,419,517,166 Research Funds $1,764,391,687 State Funds $1,555,517,110 State General Funds $1,555,517,110 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,631,690,795 $5,815,599,648 Reduce funds to reflect an adjustment in property liability premiums. ($2,723,724) ($2,723,724) Eliminate one-time funds for the Southern Legislative Conference. ($25,000) ($25,000) Reduce funds for personal services and operating expenses. ($73,424,961) ($73,424,961) Amount appropriated in this Act $1,555,517,110 $5,739,425,963 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 $2,470,069 State Funds $2,470,069 State General Funds $2,470,069 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,546,463 $2,546,463 Reduce funds for personal services and operating expenses. ($76,394) ($76,394) Amount appropriated in this Act $2,470,069 $2,470,069 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 $10,038,119 Other Funds $9,621,951 Agency Funds $9,621,951 TUESDAY, MARCH 5, 2013 1247 State Funds $416,168 State General Funds $416,168 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $429,039 $10,050,990 Reduce funds for personal services. ($12,871) ($12,871) Amount appropriated in this Act $416,168 $10,038,119 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 $2,269,752 State Funds $2,269,752 State General Funds $2,269,752 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,339,951 $2,339,951 Reduce funds for the Prep School ($47,522) and the Junior College ($22,677). ($70,199) ($70,199) Amount appropriated in this Act $2,269,752 $2,269,752 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 $13,370,145 State Funds $13,370,145 State General Funds $13,370,145 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $12,850,843 $12,850,843 Reduce funds to reflect an adjustment in property liability premiums. ($14,212) ($14,212) Reflect an adjustment in telecommunications expenses. $112,159 $112,159 1248 JOURNAL OF THE SENATE Eliminate one-time funds for special education programming. Transfer funds from the Department of Education for half of the Discovery Education contract. Amount appropriated in this Act ($50,000) $471,355 $13,370,145 ($50,000) $471,355 $13,370,145 Section 41: Revenue, Department of Total Funds Federal Funds and Grants Prevention and Treatment of Substance Abuse 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 Other Intra-State Government Payments $173,243,088 $518,929 $251,507 $267,422 $33,383,189 $27,166,189 $6,217,000 $139,115,390 $138,965,390 $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 $13,895,617 Other Funds $140,000 Agency Funds $140,000 State Funds $13,530,037 State General Funds $13,530,037 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 (HB 742) $13,763,396 $14,128,976 Reflect an adjustment in telecommunications expenses. $257,328 $257,328 Reduce funds for personal services and operating expenses. ($490,687) ($490,687) Amount appropriated in this Act $13,530,037 $13,895,617 TUESDAY, MARCH 5, 2013 1249 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 $7,111,205 Other Funds $484,210 Agency Funds $484,210 State Funds $6,626,995 State General Funds $6,626,995 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,573,819 $7,058,029 Reduce funds to reflect an adjustment in property liability premiums. ($4,008) ($4,008) Reflect an adjustment in telecommunications expenses. $57,184 $57,184 Amount appropriated in this Act $6,626,995 $7,111,205 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 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 $625,000 State Funds $625,000 State General Funds $625,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $0 $0 1250 JOURNAL OF THE SENATE Transfer funds from the Tax Compliance program for the Fraud Detection and Prevention System contract. (CC:Transfer funds from the Tax Compliance program based on projected expenditures for the Fraud Detection and Prevention System contract.) Amount appropriated in this Act $625,000 $625,000 $625,000 $625,000 41.5. Industry Regulation Purpose: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, and tobacco products; ensure all coinoperated 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 $5,951,351 Federal Funds and Grants $518,929 Prevention and Treatment of Substance Abuse Block Grant $251,507 Federal Funds Not Specifically Identified $267,422 Other Funds $2,421,996 Agency Funds $599,996 Other Funds - Not Specifically Identified $1,822,000 State Funds $3,010,426 State General Funds $2,860,426 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 (HB 742) $3,041,834 $5,982,759 Reflect an adjustment in telecommunications expenses. $28,592 $28,592 Reduce funds for one vacant auditor position and one vacant compliance investigator position. ($60,000) ($60,000) Amount appropriated in this Act $3,010,426 $5,951,351 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 $5,085,590 Other Funds $3,095,000 Agency Funds $400,000 Other Funds - Not Specifically Identified $2,695,000 State Funds $1,990,590 State General Funds $1,990,590 TUESDAY, MARCH 5, 2013 1251 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,819,038 $4,914,038 Reflect an adjustment in telecommunications expenses. $171,552 $171,552 Amount appropriated in this Act $1,990,590 $5,085,590 41.7. Local Tax Officials Retirement and FICA Purpose: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Total Funds $9,232,474 State Funds $9,232,474 State General Funds $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 $21,592,548 Other Funds $6,440,990 Agency Funds $4,740,990 Other Funds - Not Specifically Identified $1,700,000 State Funds $15,151,558 State General Funds $15,151,558 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $14,265,208 $20,706,198 Reflect an adjustment in telecommunications expenses. $886,350 $886,350 Amount appropriated in this Act $15,151,558 $21,592,548 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 $3,739,483 State Funds $3,739,483 State General Funds $3,739,483 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1252 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB 742) Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act State Funds $3,710,891 $28,592 $3,739,483 Total Funds $3,710,891 $28,592 $3,739,483 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 $13,102,935 State Funds $13,102,935 State General Funds $13,102,935 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $14,243,359 $14,243,359 Reflect an adjustment in telecommunications expenses. $28,592 $28,592 Reduce funds for personal services and operating expenses. ($1,169,016) ($1,169,016) Amount appropriated in this Act $13,102,935 $13,102,935 41.11. Tax Compliance Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. Total Funds $53,485,323 Other Funds $19,835,993 Agency Funds $19,835,993 State Funds $33,649,330 State General Funds $33,649,330 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $35,779,600 $55,615,593 Reflect an adjustment in telecommunications expenses. $228,736 $228,736 Reduce funds for personal services based on projected expenditures and transfer $1,986,623 in savings to the Fraud Detection and Prevention program. (CC:Reduce funds for personal services based on projected expenditures and transfer $625,000 in savings to the Fraud Detection and Prevention program.) ($2,359,006) ($2,359,006) TUESDAY, MARCH 5, 2013 1253 Amount appropriated in this Act $33,649,330 $53,485,323 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 $2,690,307 Other Funds $965,000 Agency Funds $965,000 State Funds $1,725,307 State General Funds $1,725,307 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,610,939 $2,575,939 Reflect an adjustment in telecommunications expenses. $114,368 $114,368 Amount appropriated in this Act $1,725,307 $2,690,307 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 $22,547,005 State Funds $22,547,005 State General Funds $22,547,005 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $21,489,103 $21,489,103 Reflect an adjustment in telecommunications expenses. $1,057,902 $1,057,902 Amount appropriated in this Act $22,547,005 $22,547,005 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 $32,816,536 $85,000 $85,000 $1,557,183 $1,121,412 $435,771 1254 JOURNAL OF THE SENATE State Funds State General Funds $31,174,353 $31,174,353 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. Total Funds $4,357,341 Other Funds $532,671 Other Funds - Not Specifically Identified $96,900 Records Center Storage Fee $435,771 State Funds $3,824,670 State General Funds $3,824,670 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,433,889 $4,966,560 Reduce funds to reflect an adjustment in property liability premiums. ($1,593) ($1,593) Reduce funds for personal services and eliminate five filled positions. (CC:Reduce funds for personal services, eliminate five filled positions and one vacant position, and reduce funds for operating expenses while maintaining service two days per week. ) ($607,626) ($607,626) Amount appropriated in this Act $3,824,670 $4,357,341 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 $2,000,456 Other Funds $739,512 Other Funds - Not Specifically Identified $739,512 State Funds $1,260,944 State General Funds $1,260,944 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,261,271 $2,000,783 TUESDAY, MARCH 5, 2013 1255 Reduce funds to reflect an adjustment in property liability premiums. Amount appropriated in this Act ($327) $1,260,944 ($327) $2,000,456 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 $6,365,880 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 $6,230,880 State General Funds $6,230,880 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $4,789,720 $4,924,720 Reduce funds to reflect an adjustment in property liability premiums. ($673) ($673) Reflect an adjustment in telecommunications expenses. $1,181,833 $1,181,833 Transfer funds from the Office Administration program to comply with the National Voter Registration Act's maintenance of effort requirements. $260,000 $260,000 Amount appropriated in this Act $6,230,880 $6,365,880 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 $5,872,731 Other Funds $15,000 Other Funds - Not Specifically Identified $15,000 State Funds $5,857,731 State General Funds $5,857,731 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,117,898 $6,132,898 1256 JOURNAL OF THE SENATE Reduce funds to reflect an adjustment in property liability premiums. Reduce funds for personal services and transfer savings to the Elections program to comply with the National Voter Registration Act's maintenance of effort requirements. Amount appropriated in this Act ($167) ($260,000) ($167) ($260,000) $5,857,731 $5,872,731 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 $7,160,340 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $7,010,340 State General Funds $7,010,340 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,011,199 $7,161,199 Reduce funds to reflect an adjustment in property liability premiums. ($859) ($859) Amount appropriated in this Act $7,010,340 $7,160,340 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 $883,809 Other Funds $50,000 Other Funds - Not Specifically Identified $50,000 State Funds $833,809 State General Funds $833,809 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $833,891 $883,891 Reduce funds to reflect an adjustment in property liability premiums. ($82) ($82) Amount appropriated in this Act $833,809 $883,809 TUESDAY, MARCH 5, 2013 1257 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 $264,529 Other Funds $20,000 Other Funds - Not Specifically Identified $20,000 State Funds $244,529 State General Funds $244,529 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $252,104 $272,104 Reduce funds to reflect an adjustment in property liability premiums. ($12) ($12) Reduce funds for operating expenses. ($7,563) ($7,563) Amount appropriated in this Act $244,529 $264,529 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 $1,727,037 State Funds $1,727,037 State General Funds $1,727,037 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,941,697 $1,941,697 Reduce funds to reflect an adjustment in property liability premiums. ($53) ($53) Reflect an adjustment in telecommunications expenses. $34,473 $34,473 Reduce funds for personal services to reflect projected expenditures. ($223,829) ($223,829) Reduce funds for operating expenses. ($25,251) ($25,251) Amount appropriated in this Act $1,727,037 $1,727,037 1258 JOURNAL OF THE SENATE 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 $1,344,810 State Funds $1,344,810 State General Funds $1,344,810 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,344,179 $1,344,179 Reflect an adjustment in telecommunications expenses. $631 $631 Amount appropriated in this Act $1,344,810 $1,344,810 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 $2,839,603 State Funds $2,839,603 State General Funds $2,839,603 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,944,265 $2,944,265 Reduce funds to reflect an adjustment in property liability premiums. ($525) ($525) Reflect an adjustment in telecommunications expenses. $4,734 $4,734 Reduce funds for personal services to reflect projected expenditures. ($108,871) ($108,871) Amount appropriated in this Act $2,839,603 $2,839,603 Section 43: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds $5,124,172 $1,266,565 $1,266,565 $632,184 $632,184 $2,558,834 TUESDAY, MARCH 5, 2013 1259 State General Funds Intra-State Government Transfers Other Intra-State Government Payments $2,558,834 $665,842 $665,842 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 $733,896 State Funds $733,896 State General Funds $733,896 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $744,781 $744,781 Reduce funds to reflect an adjustment in property liability premiums. ($590) ($590) Reflect an adjustment in telecommunications expenses. ($3,502) ($3,502) Reduce funds for operating expenses. ($6,793) ($6,793) Amount appropriated in this Act $733,896 $733,896 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 $1,775,598 Federal Funds and Grants $932,290 Federal Funds Not Specifically Identified $932,290 Other Funds $632,184 Other Funds - Not Specifically Identified $632,184 State Funds $211,124 State General Funds $211,124 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $238,237 $1,802,711 Reflect an adjustment in telecommunications expenses. ($542) ($542) Replace state funds with other funds for personal services. ($26,571) ($26,571) Amount appropriated in this Act $211,124 $1,775,598 1260 JOURNAL OF THE SENATE 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 $2,358,769 Federal Funds and Grants $334,275 Federal Funds Not Specifically Identified $334,275 State Funds $1,358,652 State General Funds $1,358,652 Intra-State Government Transfers $665,842 Other Intra-State Government Payments $665,842 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,383,592 $2,383,709 Reflect an adjustment in telecommunications expenses. ($1,992) ($1,992) Replace state funds with existing other funds for personal services. ($22,948) ($22,948) Amount appropriated in this Act $1,358,652 $2,358,769 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 $123,989 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 $131,920 State Funds $131,920 State General Funds $131,920 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1261 Amount from prior Appropriation Act (HB 742) Reduce funds for operating expenses. Replace state funds with other funds for personal services. Amount appropriated in this Act State Funds $162,629 ($21,669) ($9,040) $131,920 Total Funds $162,629 ($21,669) ($9,040) $131,920 Section 44: Student Finance Commission, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds $602,670,953 $2,654,594 $2,654,594 $600,016,359 $567,132,700 $32,883,659 44.1. 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 $8,542,895 Other Funds $1,842,895 Other Funds - Not Specifically Identified $1,842,895 State Funds $6,700,000 State General Funds $6,700,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $6,500,000 $7,069,682 Increase funds to meet the projected need. $200,000 $1,473,213 Amount appropriated in this Act $6,700,000 $8,542,895 44.2. 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 $701,750 State Funds $701,750 State General Funds $701,750 1262 JOURNAL OF THE SENATE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $570,000 $570,000 Increase funds. (CC:YES) $131,750 $131,750 Amount appropriated in this Act $701,750 $701,750 44.3. 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 44.4. 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 44.5. 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 $7,918,596 State Funds $7,918,596 Lottery Funds $7,918,596 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,922,124 $7,922,124 Reduce funds to reflect an adjustment in property liability premiums. ($3,528) ($3,528) Amount appropriated in this Act $7,918,596 $7,918,596 44.6. 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. TUESDAY, MARCH 5, 2013 1263 Total Funds $1,930,296 State Funds $1,930,296 Lottery Funds $1,930,296 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $2,636,276 $2,636,276 Reduce funds to meet the projected need. ($705,980) ($705,980) Amount appropriated in this Act $1,930,296 $1,930,296 44.7. 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 $89,452,587 State Funds $89,452,587 Lottery Funds $89,452,587 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $112,658,625 $112,658,625 Reduce funds to meet the projected need. ($23,206,038) ($23,206,038) Amount appropriated in this Act $89,452,587 $89,452,587 44.8. 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 $46,030,622 State Funds $46,030,622 Lottery Funds $46,030,622 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $54,385,503 $54,385,503 Reduce funds for HOPE Scholarships - Private Schools to meet the projected need. ($5,883,155) ($5,883,155) Reduce funds for the Zell Miller Scholarships for students attending private postsecondary institutions to meet the total projected need of $595,615. ($2,471,726) ($2,471,726) Amount appropriated in this Act $46,030,622 $46,030,622 1264 JOURNAL OF THE SENATE 44.9. 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 $401,800,599 State Funds $401,800,599 Lottery Funds $401,800,599 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $408,235,018 $408,235,018 Reduce funds for HOPE Scholarships - Public Schools to meet the projected need. ($2,880,572) ($2,880,572) Reduce funds for the Zell Miller Scholarships for students attending public postsecondary institutions to meet the total projected need of $16,973,741. ($3,553,847) ($3,553,847) Amount appropriated in this Act $401,800,599 $401,800,599 44.10. 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 44.11. 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 $1,682,251 Other Funds $237,675 Other Funds - Not Specifically Identified $237,675 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: TUESDAY, MARCH 5, 2013 1265 Amount from prior Appropriation Act (HB 742) Reduce funds to meet the projected need. Amount appropriated in this Act State Funds $1,444,576 $0 $1,444,576 Total Funds $1,927,299 ($245,048) $1,682,251 44.12. 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 44.13. 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 44.14. 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 $20,705,835 Other Funds $529,727 Other Funds - Not Specifically Identified $529,727 State Funds $20,176,108 State General Funds $20,176,108 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $21,896,323 $22,426,050 Reduce funds to meet the projected need and maintain the current award amount. ($1,720,215) ($1,720,215) Amount appropriated in this Act $20,176,108 $20,705,835 The following appropriations are for agencies attached for administrative purposes. 1266 JOURNAL OF THE SENATE 44.15. 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 $758,899 Other Funds $44,297 Other Funds - Not Specifically Identified $44,297 State Funds $714,602 State General Funds $714,602 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $758,655 $758,655 Reflect an adjustment in telecommunications expenses. $244 $244 Reduce state general funds and replace with other funds ($44,297) $0 from the Tuition Guaranty Trust Fund (TGTF). Amount appropriated in this Act $714,602 $758,899 Section 45: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $31,646,587 $590,000 $590,000 $31,056,587 $31,056,587 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. 45.1. 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 State Funds $590,000 State General Funds $590,000 45.2. System Administration Purpose: The purpose of this appropriation is to administer the Teachers Retirement System of Georgia, including paying retiree benefits, investing retirement funds, TUESDAY, MARCH 5, 2013 1267 accounting for the status and contributions of active and inactive members, counseling members, and processing refunds. Total Funds $31,056,587 Intra-State Government Transfers $31,056,587 Retirement Payments $31,056,587 Section 46: Technical College System of Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $654,790,471 $66,509,000 $66,509,000 $268,710,000 $268,613,230 $96,770 $317,616,387 $317,616,387 $1,360,000 $1,360,000 46.1. 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 $38,997,108 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 $13,069,219 State General Funds $13,069,219 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $13,473,095 $39,400,984 Reflect an adjustment in telecommunications expenses. $317 $317 Reduce funds for personal services and convert six fulltime positions to part-time. ($282,508) ($282,508) Reduce funds for operating expenses. ($121,685) ($121,685) Amount appropriated in this Act $13,069,219 $38,997,108 1268 JOURNAL OF THE SENATE 46.2. 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. Total Funds $8,590,562 Federal Funds and Grants $62,111 Federal Funds Not Specifically Identified $62,111 Other Funds $100,000 Agency Funds $100,000 State Funds $7,723,367 State General Funds $7,723,367 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 (HB 742) $7,944,927 $8,812,122 Reduce funds to reflect an adjustment in property liability premiums. ($1,391) ($1,391) Reflect an adjustment in telecommunications expenses. $18,179 $18,179 Eliminate funds for one filled position and one vacant position. ($155,848) ($155,848) Reduce funds for operating expenses. ($68,000) ($68,000) Reduce funds for computer charges. ($5,000) ($5,000) Reduce funds for telecommunications. ($9,500) ($9,500) Amount appropriated in this Act $7,723,367 $8,590,562 46.3. 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 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 Funds $22,139,074 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 $12,209,074 State General Funds $12,209,074 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1269 Amount from prior Appropriation Act (HB 742) Reduce funds to reflect an adjustment in property liability premiums. Reflect an adjustment in telecommunications expenses. Reduce funds for Quick Start. Amount appropriated in this Act State Funds $12,578,020 ($7,039) $15,434 ($377,341) $12,209,074 Total Funds $22,508,020 ($7,039) $15,434 ($377,341) $22,139,074 46.4. 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 $585,063,727 Federal Funds and Grants $44,999,000 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 $284,614,727 State General Funds $284,614,727 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 (HB 742) $296,574,308 $597,023,308 Reduce funds to reflect an adjustment in property liability premiums. ($436,552) ($436,552) Reflect an adjustment in telecommunications expenses. $339,943 $339,943 Reduce funds for personal services. ($9,908,480) ($9,908,480) Reduce funds for operating expenses. ($1,954,492) ($1,954,492) Amount appropriated in this Act $284,614,727 $585,063,727 Section 47: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning and Construction $2,081,159,751 $1,210,491,192 $1,143,629,823 1270 JOURNAL OF THE SENATE 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 $6,695,115 $5,724,308 $970,807 $863,213,211 $857,204,635 $6,008,576 $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. 47.1. 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 $970,807 Other Funds - Not Specifically Identified $970,807 State Funds $2,099,780 State General Funds $2,099,780 TUESDAY, MARCH 5, 2013 1271 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,064,237 $38,607,589 Reflect funds from the sale of a King Air airplane. ($964,457) $0 (CC:YES) Amount appropriated in this Act $2,099,780 $38,607,589 47.2. 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 $895,791,235 Federal Funds and Grants $675,252,699 Federal Highway Administration Highway Planning and Construction $675,252,699 State Funds $220,538,536 Motor Fuel Funds $220,538,536 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $211,655,479 $886,908,178 Increase funds for capital outlay projects. $8,883,057 $8,883,057 Amount appropriated in this Act $220,538,536 $895,791,235 47.3. 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 47.4. 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 $143,386,258 Federal Funds and Grants $64,892,990 Federal Highway Administration Highway Planning and Construction $64,892,990 1272 JOURNAL OF THE SENATE State Funds $78,328,268 Motor Fuel Funds $78,328,268 Intra-State Government Transfers $165,000 Other Intra-State Government Payments $165,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $74,357,642 $139,415,632 Increase funds for operating expenses. $1,554,605 $1,554,605 Increase funds for personal services to reflect projected expenditures. $2,416,021 $2,416,021 Amount appropriated in this Act $78,328,268 $143,386,258 47.5. 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 Federal Funds and Grants $8,270,257 Federal Highway Administration Highway Planning and Construction $8,270,257 Other Funds $62,257 Agency Funds $62,257 State Funds $2,804,774 Motor Fuel Funds $2,804,774 47.6. 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 $64,542,143 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 $52,803,350 Motor Fuel Funds $52,803,350 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $51,083,000 $62,821,793 TUESDAY, MARCH 5, 2013 1273 Increase funds for personal services to reflect projected expenditures. Increase funds to implement the Small Business Enterprise and Disadvantaged Business Enterprise programs. Amount appropriated in this Act $920,350 $800,000 $920,350 $800,000 $52,803,350 $64,542,143 47.7. 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 47.8. 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 $45,708,468 Federal Funds and Grants $32,758,670 Federal Highway Administration Highway Planning and Construction $32,758,670 State Funds $12,354,565 Motor Fuel Funds $12,354,565 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: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $16,854,565 $50,208,468 Reduce funds to reflect projected expenditures. ($4,500,000) ($4,500,000) Amount appropriated in this Act $12,354,565 $45,708,468 47.9. 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 1274 JOURNAL OF THE SENATE State Funds Motor Fuel Funds $3,756,074 $3,756,074 47.10. 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 $836,370 State Funds $836,370 State General Funds $836,370 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $941,812 $941,812 Reduce funds for property tax assessment to reflect projected expenditures. ($105,442) ($105,442) Amount appropriated in this Act $836,370 $836,370 47.11. 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 $210,703 Other Funds $88,239 Agency Funds $88,239 State Funds $122,464 State General Funds $122,464 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $356,891 $445,130 Reduce funds for personal services to reflect projected expenditures. ($234,427) ($234,427) Amount appropriated in this Act $122,464 $210,703 47.12. 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 TUESDAY, MARCH 5, 2013 1275 grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers. Total Funds $217,779,277 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 $192,250,223 Motor Fuel Funds $192,250,223 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $173,068,804 $198,597,858 Increase funds for operating expenses. $17,984,339 $17,984,339 Increase funds for personal services to reflect projected expenditures. $1,197,080 $1,197,080 Amount appropriated in this Act $192,250,223 $217,779,277 47.13. 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 $73,534,207 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 $33,837,425 Motor Fuel Funds $33,837,425 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $19,640,861 $59,337,643 Increase funds for operating expenses. $9,133,997 $9,133,997 Increase funds for the Motor Carrier Compliance agreement with the Department of Public Safety. $5,062,567 $5,062,567 Amount appropriated in this Act $33,837,425 $73,534,207 1276 JOURNAL OF THE SENATE 47.14. 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 $34,280,329 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 $2,949,962 State General Funds $2,949,962 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $3,277,847 $34,608,214 Reduce funds to reflect an adjustment in property liability premiums. ($100) ($100) Reduce matching funds for local transit projects. ($327,785) ($327,785) Amount appropriated in this Act $2,949,962 $34,280,329 The following appropriations are for agencies attached for administrative purposes. 47.15. Payments to State Road and Tollway Authority Purpose: The purpose of this appropriation is to fund debt service payments on nongeneral obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund. Total Funds $237,485,221 Federal Funds and Grants $148,156,201 Federal Highway Administration Highway Planning and Construction $148,156,201 State Funds $89,329,020 Motor Fuel Funds $89,329,020 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $62,351,674 $210,507,875 Transfer funds from the debt sinking fund to the State Road and Tollway Authority for defeasance of the outstanding bonds for GA-400 and associated closing expenses. $26,977,346 $26,977,346 Amount appropriated in this Act $89,329,020 $237,485,221 TUESDAY, MARCH 5, 2013 1277 Section 48: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $38,385,477 $18,260,569 $18,260,569 $291,281 $291,281 $19,833,627 $19,833,627 48.1. 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 $1,474,015 State Funds $1,474,015 State General Funds $1,474,015 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,378,152 $1,378,152 Reflect an adjustment in telecommunications expenses. $95,863 $95,863 Amount appropriated in this Act $1,474,015 $1,474,015 48.2. 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 Federal Funds Not Specifically Identified $178,004 State Funds $484,954 State General Funds $484,954 48.3. 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 $10,120,391 Federal Funds and Grants $5,286,048 1278 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $5,286,048 Other Funds $149,079 Agency Funds $149,079 State Funds $4,685,264 State General Funds $4,685,264 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,035,364 $10,321,412 Reduce funds due to reduced average daily patient census. ($251,282) ($251,282) Increase other funds to recognize residency fee revenue. $0 $149,079 Transfer funds to the Veterans Benefits program for personal services. ($98,818) ($98,818) Utilize existing state funds of $50,261 for the FY 2013 $0 $0 Teachers Retirement System contract increase.(G:YES) (CC:YES) Amount appropriated in this Act $4,685,264 $10,120,391 48.4. 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 $15,645,903 Federal Funds and Grants $8,173,077 Federal Funds Not Specifically Identified $8,173,077 Other Funds $142,202 Agency Funds $142,202 State Funds $7,330,624 State General Funds $7,330,624 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $7,834,427 $16,007,504 Reduce funds due to reduced average daily patient census. ($361,601) ($361,601) Transfer funds to the Veterans Benefits program for personal services. ($142,202) ($142,202) Increase other funds to recognize residency fee revenue. $0 $142,202 Amount appropriated in this Act $7,330,624 $15,645,903 TUESDAY, MARCH 5, 2013 1279 48.5. 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 $10,482,210 Federal Funds and Grants $4,623,440 Federal Funds Not Specifically Identified $4,623,440 State Funds $5,858,770 State General Funds $5,858,770 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $5,696,544 $10,319,984 Reduce funds to reflect an adjustment in property liability premiums. ($12,207) ($12,207) Reflect an adjustment in telecommunications expenses. $53,923 $53,923 Transfer state funds from the Georgia War Veterans Nursing Home - Augusta program ($98,818) and the Georgia War Veterans Nursing Home - Milledgeville program ($142,202) for twelve new field service officer positions and two new claims and appeals officer positions. $120,510 $120,510 Amount appropriated in this Act $5,858,770 $10,482,210 Section 49: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds State Funds State General Funds $22,967,684 $523,832 $523,832 $22,443,852 $22,443,852 49.1. Administer the Workers' Compensation Laws Purpose: The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. Total Funds $11,705,873 Other Funds $458,353 Agency Funds $458,353 State Funds $11,247,520 1280 JOURNAL OF THE SENATE State General Funds $11,247,520 49.2. Board Administration Purpose: The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective. Total Funds $11,261,811 Other Funds $65,479 Agency Funds $65,479 State Funds $11,196,332 State General Funds $11,196,332 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $10,707,655 $10,773,134 Reduce funds to reflect an adjustment in property liability premiums. ($299) ($299) Reflect an adjustment in telecommunications expenses. $488,976 $488,976 Remit payment to the State Treasury (Total Funds: $5,303,747). (CC:YES) $0 $0 Amount appropriated in this Act $11,196,332 $11,261,811 Section 50: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds $966,731,003 $16,456,398 $16,456,398 $950,274,605 $126,088,473 $824,186,132 50.1. GO Bonds Issued Total Funds $885,022,963 Federal Funds and Grants $16,456,398 Federal Funds Not Specifically Identified $16,456,398 State Funds $868,566,565 Motor Fuel Funds $126,088,473 State General Funds $742,478,092 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 5, 2013 1281 State Funds Total Funds Amount from prior Appropriation Act (HB 742) $1,041,915,306 $1,058,371,704 Reduce funds for debt service to reflect savings ($144,252,667) ($144,252,667) associated with refundings and favorable rates received in recent bond sales. Reduce funds for debt service and transfer savings to the Department of Transportation for defeasance of the outstanding bonds for GA-400 and associated closing expenses. ($26,977,346) ($26,977,346) Replace $29,808,242 in motor fuel funds with state $0 $0 general funds. (CC:YES) Repeal the authorization of $2,300,000 in 5-year bonds $0 $0 from FY 2013 for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University. (CC:Reflect in GO Bonds New.) Repeal the authorization of $4,765,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction. ($415,508) ($415,508) Repeal the authorization of $5,210,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction. ($454,312) ($454,312) Repeal the authorization of $25,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Low-Wealth for local school construction. ($2,180) ($2,180) Repeal the authorization of $10,455,000 in 20-year bonds from FY 2011 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular for local school construction. ($911,676) ($911,676) Repeal the authorization of $2,670,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Exceptional Growth for local school construction. ($242,436) ($242,436) Repeal the authorization of $525,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Regular Advance for local school construction. ($47,670) ($47,670) 1282 JOURNAL OF THE SENATE Repeal the authorization of $495,000 in 20-year bonds from FY 2010 for the State Board of Education (Department of Education) for the Capital Outlay Program - Low-Wealth for local school construction. Amount appropriated in this Act ($44,946) $868,566,565 ($44,946) $885,022,963 50.2. GO Bonds New Total Funds $81,708,040 State Funds $81,708,040 State General Funds $81,708,040 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 742) $83,022,008 $83,022,008 Repeal the authorization of $5,140,000 in 20-year bonds from FY 2013 for the Department of Education for the Capital Outlay Program - Regular Advance for local school construction and redirect $5,140,000 in available bond proceeds from a FY 2009 Capital Outlay Program - Regular Advance bond issuance towards these projects. ($439,984) ($439,984) Repeal the authorization of $765,000 in 20-year bonds from FY 2013 for the Department of Education for the Capital Outlay Program - Low-Wealth for local school construction and redirect $765,000 in available bond proceeds from a FY 2009 Capital Outlay Program Additional Low Wealth bond issuance towards these projects. ($65,484) ($65,484) Repeal the authorization of $2,300,000 in 5-year bonds from FY 2013 for the University System of Georgia for equipment for the Education Classroom Building at Kennesaw State University. ($531,300) ($531,300) Repeal the authorization of $1,200,000 in 5-year bonds from FY 2013 for the Technical College System of Georgia for equipment for the classroom building at Southern Crescent Technical College. ($277,200) ($277,200) Amount appropriated in this Act $81,708,040 $81,708,040 Bond Financing Appropriated: 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 TUESDAY, MARCH 5, 2013 1283 shall have maturities not in excess of two hundred and forty months. 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. 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. 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. 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 sixty months. 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. 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. 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. 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 1284 JOURNAL OF THE SENATE 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. 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. 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. 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 sixty months. 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. 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. 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. From State General Funds, $2,157,120 is specifically appropriated for the purpose of TUESDAY, MARCH 5, 2013 1285 financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. 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 two hundred and forty months. 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. 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. 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. 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. 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 1286 JOURNAL OF THE SENATE 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. 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. 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 Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. 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. 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. 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. 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. TUESDAY, MARCH 5, 2013 1287 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. 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. 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. 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. 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. 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. 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. 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 1288 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 $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. 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. 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. 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. 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. 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. 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 TUESDAY, MARCH 5, 2013 1289 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. 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 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. 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. 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. 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. 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. 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. From State General Funds, $984,400 is specifically appropriated for the purpose of 1290 JOURNAL OF THE SENATE 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 have maturities not in excess of two hundred and forty months. 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. 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. 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. 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. 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. 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 TUESDAY, MARCH 5, 2013 1291 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. 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 sixty months. 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. 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. 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. 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. 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. 1292 JOURNAL OF THE SENATE 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 sixty months. 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. 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. 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. 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. 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. 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, TUESDAY, MARCH 5, 2013 1293 waters, 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. 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. 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. 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. 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. 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. 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 1294 JOURNAL OF THE SENATE shall have maturities not in excess of two hundred and forty months. 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 sixty months. 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. 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. 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. 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. 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. 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 TUESDAY, MARCH 5, 2013 1295 acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 excess of sixty months. 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. 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. 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. 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. 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. 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 1296 JOURNAL OF THE SENATE 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. 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. 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. 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. 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. Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: Education, Department of 397.302 BOND: K 12 Schools: $105,200,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,552,160 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $105,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: TUESDAY, MARCH 5, 2013 1297 [Bond 397.302] From State General Funds, $9,309,724 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 $102,530,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316-317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: Education, Department of 397.303 BOND: K 12 Schools: $78,690,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $7,145,052 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: [Bond 397.303] From State General Funds, $7,097,382 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,165,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: Education, Department of 397.304 BOND: K 12 Schools: $2,020,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $183,416 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. 1298 JOURNAL OF THE SENATE is hereby amended to read as follows: [Bond 397.304] From State General Funds, $138,470 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 $1,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows: [Bond # 1] From State General Funds, $3,876,476 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $44,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond # 1] From State General Funds, $2,964,800 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $34,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. The following paragraph of 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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows: [Bond # 2] From State General Funds, $1,326,748 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $15,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond # 2] From State General Funds, $911,240 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems TUESDAY, MARCH 5, 2013 1299 through the State Board of Education (Department of Education) through the issuance of not more than $10,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 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, 152, Act No. 684, 2010 Regular Session, H.B. 948), carried forward by 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, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows: [Bond # 3] From State General Funds, $3,701,640 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $42,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond # 3] From State General Funds, $3,247,328 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 $37,240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. The following paragraph of 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, 152, Act No. 684, 2010 Regular Session, H.B. 948), 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, 132, Act No. 2, 2011 Regular Session, H.B. 77), and which reads as follows: [Bond # 4] From State General Funds, $407,224 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. is hereby amended to read as follows: [Bond # 4] From State General Funds, $405,044 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $4,645,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 1300 JOURNAL OF THE SENATE The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows: [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. is hereby amended to read as follows: [Bond # 3] From State General Funds, $2,084,360 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 $24,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 163, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows: [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. is hereby amended to read as follows: [Bond # 4] From State General Funds, $1,142,760 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $13,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 164, Act No. 775, 2012 Regular Session, H.B. 742) is hereby repealed in its entirety: [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. TUESDAY, MARCH 5, 2013 1301 The following paragraph of Section 51 of the General Appropriations Act for State Fiscal Year 2012-2013 (Ga. L. 2012, Volume One Appendix, commencing at p. 1 of 175, 167, Act No. 775, 2012 Regular Session, H.B. 742), which reads as follows: [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. is hereby amended to read as follows: [Bond # 42] From State General Funds, $60,060 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 $260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 52: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law. Section 53: 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 54: 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 1302 JOURNAL OF THE SENATE 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 Intra-State 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 50 shall be the authorizing paragraphs. Section 55: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation Intra-State Government Transfers. This paragraph 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 10 percent (10%) 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. TUESDAY, MARCH 5, 2013 1303 Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 105. On the motion, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson C Unterman Y Wilkinson Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 105. The following communication was received by the Secretary: Senator Gloria Butler District 55 420-C State Capitol Atlanta, GA 30334 Committees: Ethics Urban Affairs Health and Human Services Public Safety Rules State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 March 5, 2013 1304 JOURNAL OF THE SENATE Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Mr. Secretary: It was my intention to vote today in favor of HB 105. I was not on the Senate floor and was therefore unable to vote. Please enter a "yea" vote in the Senate journal on my behalf. Thank you very much for your assistance. Sincerely, /s/ Gloria Butler District 55 The Calendar was resumed. SB 212. By Senators Mullis of the 53rd, Tippins of the 37th, Miller of the 49th, Butler of the 55th, Millar of the 40th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require schools to provide training in cardiopulmonary resuscitation and the use of an automated external defibrillator for students in grades seven through 12; to provide for a definition; to provide for requirements; to provide for monitoring; 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 212: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require schools to provide training in cardiopulmonary resuscitation and the use of an automated external defibrillator for students in grades nine through 12; to provide for a definition; to provide for requirements; to provide for monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 5, 2013 1305 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, is amended by adding a new Code section to read as follows: "20-2-149.1. (a) As used in this Code section, the term 'psychomotor skills' means skills using hands-on practice to support cognitive learning. (b) Beginning in the 2013-2014 school year, each local board of education which operates a school with grades nine through 12 shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to its students as a requirement within existing health or physical education courses. Such training shall include either of the following and shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and use an automated external defibrillator: (1) An instructional program developed by the American Heart Association or the American Red Cross; or (2) An instructional program which is nationally recognized and is based on the most current national evidence based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. (c) A teacher shall not be required to be a certified trainer of cardiopulmonary resuscitation or to facilitate, provide, or oversee instruction which does not result in certification in cardiopulmonary resuscitation and the use of an automated external defibrillator. (d) This Code section shall not be construed to require students to become certified in cardiopulmonary resuscitation and the use of an automated external defibrillator; provided, however, that if a local board of education chooses to offer courses which result in certification being earned, such courses shall be taught by instructors in cardiopulmonary resuscitation and the use of an automated external defibrillator authorized to conduct an instructional program included in paragraph (1) or (2) of subsection (b) of this Code section. (e) The Department of Education shall establish a procedure to monitor adherence by local boards of education." 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. 1306 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James N Jeffares Y Jones, B Y Jones, E N Ligon N Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 44, nays 6. SB 212, having received the requisite constitutional majority, was passed by substitute. SB 216. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant services; 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 Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy TUESDAY, MARCH 5, 2013 1307 Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 50, nays 0. SB 216, having received the requisite constitutional majority, was passed. SB 224. By Senators Golden of the 8th, Shafer of the 48th and Chance of the 16th: A BILL to be entitled an Act to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to provide for conditions, procedures, and limitations; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Miller Y Mullis Y Murphy N Orrock E Ramsey Y Seay Y Shafer 1308 JOURNAL OF THE SENATE Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Sims Y Staton Y Stone 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 224, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Balfour of the 9th Carter of the 42nd Senator Chance of the 16th moved to suspend the Senate Rules to take up HB 266. There was no objection. Senator Heath of the 31st asked for a ruling on the need for a Fiscal Note on HB 266. The President ruled that the Fiscal Notes on the earlier versions of HB 266 would suffice in explaining the fiscal impact of the Conference Committee Report. Senator Heath of the 31st moved to appeal the ruling of the chair. On the motion, a roll call was taken, and the vote was as follows: Y Albers E Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B E Carter, J Y Chance Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton TUESDAY, MARCH 5, 2013 1309 Y Cowsert N Crane Y Crosby Y Davenport Y Davis Dugan E Fort Y Ginn Y Golden Y Gooch E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas Y McKoon E Millar Y Stone Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 44; nays 2, the motion prevailed, and the ruling of the Chair was sustained. The following bill was taken up to consider the Conference Committee Report thereto: HB 266. By Representative Peake of the 141st: 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. The Conference Committee Report was as follows: The Committee of Conference on HB 266 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 266 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 32nd /s/ Senator Unterman of the 45th /s/ Senator Balfour of the 9th /s/ Representative Peake of the 141st /s/ Representative Rice of the 95th /s/ Representative O'Neal of the 146th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 266 1310 JOURNAL OF THE SENATE 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 that any tax credits earned for qualified research expenses under Code Section 48-7-40.12 in any taxable year beginning before January 1, 2012, and any carryforward attributable thereto, are governed by such Code section in effect for the taxable year in which the credit was earned; to change the definition of energy used in agriculture; to provide for dealers to elect between manufacturing and agricultural exemptions; to place a good faith standard on a seller regarding exemptions from taxation; to revise provisions of law regarding state and local title ad valorem tax fees; to revise definitions regarding such fees; to revise the time for submitting such fees and penalties for failure to submit such fees timely; to provide for the payment of such fees over time in certain circumstances; to clarify the provisions of law regarding rental and leased motor vehicles; to extend the period of time which a loaner vehicle may be removed from inventory; to provide for a title ad valorem tax fee for rental and leased vehicles; to clarify the provisions of law regarding the application of title ad valorem tax fees to certain title transactions; to provide for motor vehicles titled in other states but based in this state; to exclude the application of certain sales and use taxes to motor vehicle sales and leases; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 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, 2011 2012, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2012 January 3, 2013, 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 TUESDAY, MARCH 5, 2013 1311 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, shall be $250,000.00 for tax years beginning in 2012, and shall be $250,000.00 for tax years beginning in 2013, 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, shall be $800,000.00 for tax years beginning in 2012, and shall be $800,000.00 for tax years beginning in 2013, and provided that Section 1106 of federal Public Law 112-95 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2013)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2013),' and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95. 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, 2012 January 3, 2013, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986, as amended. For taxable years beginning on or after January 1, 2011 2012, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2012 January 3, 2013, 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 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and reports, as follows: "48-5C-1. (a) As used in this Code section, the term: (1) 'Fair market value of the motor vehicle' means: (A) The For a used motor vehicle, the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner and based upon a nationally recognized motor vehicle industry pricing guide for fair market and wholesale mark values in determining the taxable value of a motor vehicle under Code Section 48-5-442, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; 1312 JOURNAL OF THE SENATE (B) For a used motor vehicle which is not so listed in such current motor vehicle ad valorem assessment manual, the value from the bill of sale or the value from a reputable used car market guide designated by the commissioner, whichever is greater, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; or (C) The fair market value determined by the state revenue commissioner from the bill of sale of a new motor vehicle for which there is no value under subparagraph (A) of this paragraph, less any rebate and before any reduction for the trade-in value of another motor vehicle. For a new motor vehicle, the greater of the retail selling price or, in the case of a lease of a new motor vehicle, the agreed upon value of the vehicle pursuant to the lease agreement or the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner in determining the taxable value of a motor vehicle under Code Section 48-5-442, less any reduction for the trade-in value of another motor vehicle and any rebate or any cash discounts provided by the selling dealer and taken at the time of sale. The retail selling price or agreed upon value shall include any charges for labor, freight, delivery, dealer fees, and similar charges and dealer add-ons and mark-ups, but shall not include any extended warranty or maintenance agreement itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately. (2) 'Immediate family member' means spouse, parent, child, sibling, grandparent, or grandchild. (3) 'Loaner vehicle' means a motor vehicle owned by a dealer which is withdrawn temporarily from dealer inventory for exclusive use as a courtesy vehicle loaned at no charge for a period not to exceed 30 days within a calendar year 366 day period to any one customer whose motor vehicle is being serviced by such dealer. (4) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease, including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales and use taxes. (5) 'Rental motor vehicle' means a motor vehicle designed to carry ten 15 or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver. (6) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value. (7) 'Trade-in value' means the value of the motor vehicle as stated in the bill of sale for a vehicle which has been traded in to the dealer in a transaction involving the purchase of another vehicle from the dealer. (b)(1)(A) Except as otherwise provided in this subsection, any motor vehicle for TUESDAY, MARCH 5, 2013 1313 which a title is issued in this state on or after March 1, 2013, shall be exempt from sales and use taxes to the extent provided under paragraph (92) (95) of Code Section 48-8-3 and shall not be subject to the ad valorem tax as otherwise required under Chapter 5 of Title 48 this title. Any such motor vehicle shall be titled as otherwise required under Title 40 but shall be subject to a state title fee and a local title fee which shall be alternative ad valorem taxes as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. Motor vehicles registered under the International Registration Plan shall not be subject to state and local title ad valorem tax fees but shall continue to be subject to apportioned ad valorem taxation under Article 10 of Chapter 5 of this title. (B)(i) As used in this subparagraph, the term: (I) 'Local base amount' means $1 billion. (II) 'Local current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle local ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the title ad valorem tax adjustments are required to be made under this subparagraph. (III) 'Local target collection amount' means an amount equal to the local base amount added to the product of 2 percent of the local base amount multiplied by the number of years since 2012 with a maximum amount of $1.2 billion. (IV) 'State base amount' means $535 million. (V) 'State current collection amount' means the total amount of sales and use taxes on the sale of motor vehicles under Chapter 8 of this title and motor vehicle state ad valorem tax proceeds collected under this Code section and Chapter 5 of this title which were collected during the calendar year which immediately precedes the tax year in which the state and local title ad valorem tax rate is to be reviewed for adjustment under division (xiv) of this subparagraph. Notwithstanding the other provisions of this subdivision to the contrary, the term 'state current collection amount' for the 2014 calendar year for the purposes of the 2015 review under division (xiv) of this subparagraph shall be adjusted so that such amount is equal to the amount of motor vehicle state ad valorem tax proceeds that would have been collected under this Code section in 2014 if the combined state and local title ad valorem tax rate was 7 percent of the fair market value of the motor vehicle less any trade-in value plus the total amount of motor vehicle state ad valorem tax proceeds collected under Chapter 5 of this title during 2014. (VI) 'State target collection amount' means an amount equal to the state base amount added to the product of 2 percent of the state base amount multiplied by the number of years since 2012. (ii) The combined state and local title ad valorem tax shall be at a rate equal to: (I) For the period commencing March 1, 2013, through December 31, 2013, 6.5 percent of the fair market value of the motor vehicle less any trade-in-value; 1314 JOURNAL OF THE SENATE (II) For the 2014 tax year, 6.75 percent of the fair market value of the motor vehicle less any trade-in value; and (III) Except as provided in division (xiv) of this subparagraph, for the 2015 and subsequent tax years, 7 percent of the fair market value of the motor vehicle less any trade-in value. (iii) For the period commencing March 1, 2013, through December 31, 2013, the state title ad valorem tax shall be at a rate equal to 57 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 43 percent of the tax rate specified in division (ii) of this subparagraph. (iv) For the 2014 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (v) For the 2015 tax year, the state title ad valorem tax shall be at a rate equal to 55 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 45 percent of the tax rate specified in division (ii) of this subparagraph. (vi) For the 2016 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 53.5 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 46.5 percent of the tax rate specified in division (ii) of this subparagraph. (vii) For the 2017 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 44 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 56 percent of the tax rate specified in division (ii) of this subparagraph. (viii) For the 2018 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 40 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 60 percent of the tax rate specified in division (ii) of this subparagraph. (ix) For the 2019 tax year, except as otherwise provided in divisions (xiii) and (xiv) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 36 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 64 percent of the tax rate specified in division (ii) of this subparagraph. (x) For the 2020 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 34 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 66 percent of the tax rate specified in division (ii) of this subparagraph. TUESDAY, MARCH 5, 2013 1315 (xi) For the 2021 tax year, except as otherwise provided in division (xiii) of this subparagraph, the state title ad valorem tax shall be at a rate equal to 30 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 70 percent of the tax rate specified in division (ii) of this subparagraph. (xii) For the 2022 and all subsequent tax years, except as otherwise provided in division (xiii) of this subparagraph for tax years 2022, 2023, and 2024 and except as otherwise provided in division (xiv) of this subparagraph for tax year 2023, the state title ad valorem tax shall be at a rate equal to 28 percent of the tax rate specified in division (ii) of this subparagraph, and the local title ad valorem tax shall be at a rate equal to 72 percent of the tax rate specified in division (ii) of this subparagraph. (xiii) Beginning in 2016, by not later than January 15 of each tax year through the 2022 tax year, the state revenue commissioner shall determine the local target collection amount and the local current collection amount for the preceding calendar year. If such local current collection amount is equal to or within 1 percent of the local target collection amount, then the state title ad valorem tax rate and the local title ad valorem tax rate for such tax year shall remain at the rate specified in this subparagraph for that year. If the local current collection amount is more than 1 percent greater than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be reduced automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be increased by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. If the local current collection amount is more than 1 percent less than the local target collection amount, then the local title ad valorem tax rate for such tax year shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the local current collection amount would have produced an amount equal to the local target collection amount, and the state title ad valorem tax rate for such tax year shall be reduced by an equal amount to maintain the combined state and local title ad valorem tax rate at the rate specified in division (ii) of this subparagraph. In the event of an adjustment of such ad valorem tax rates, by not later than January 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted rate amounts. The effective date of such adjusted rate amounts shall be January 1 of such tax year. (xiv) In tax years 2015, 2018, and 2022, by not later than July 1 of each such tax year, the state revenue commissioner shall determine the state target collection amount and the state current collection amount for the preceding calendar year. If 1316 JOURNAL OF THE SENATE such state current collection amount is greater than, equal to, or within 1 percent of the state target collection amount after making the adjustment, if any, required in division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall remain at the rate specified in such division. If the state current collection amount is more than 1 percent less than the state target collection amount after making the adjustment, if any, required by division (xiii) of this subparagraph, then the combined state and local title ad valorem tax rate provided in division (ii) of this subparagraph shall be increased automatically by operation of this division by such percentage amount as may be necessary so that, if such rate had been in effect for the calendar year under review, the state current collection amount would have produced an amount equal to the state target collection amount, and the state title ad valorem tax rate and the local title ad valorem tax rate for the tax year in which such increase in the combined state and local title ad valorem tax rate shall become effective shall be adjusted from the rates specified in this subparagraph or division (xiii) of this subparagraph for such tax year such that the proceeds from such increase in the combined state and local title ad valorem tax rate shall be allocated in full to the state. In the event of an adjustment of the combined state and local title ad valorem tax rate, by not later than August 31 of such tax year, the state revenue commissioner shall notify the tax commissioner of each county in this state of the adjusted combined state and local title ad valorem tax rate for the next calendar year. The effective date of such adjusted combined state and local title ad valorem tax rate shall be January 1 of the next calendar year. Notwithstanding the provisions of this division, the combined state and local title ad valorem tax rate shall not exceed 9 percent. (xv) The state revenue commissioner shall promulgate such rules and regulations as may be necessary and appropriate to implement and administer this Code section, including, but not limited to, rules and regulations regarding appropriate public notification of any changes in rate amounts and the effective date of such changes and rules and regulations regarding appropriate enforcement and compliance procedures and methods for the implementation and operation of this Code section. The state revenue commissioner may promulgate and implement rules and regulations as may be necessary to permit seller financed sales of used vehicles to be assessed 2.5 percentage points less than the rate specified in division (b)(1)(B)(ii) of this Code section. (C) The application for title and the state and local title ad valorem tax fees provided for in subparagraph (A) of this paragraph shall be paid to the tag agent in the county in which the purchaser registers such motor vehicle where the motor vehicle is to be registered and shall be paid at the time the purchaser applies for a title and registers such motor vehicle the application for a certificate of title is submitted or, in the case of an electronic title transaction, at the time when the electronic title transaction is finalized. In an electronic title transaction, the state and local title ad valorem tax fees shall be remitted electronically directly to the TUESDAY, MARCH 5, 2013 1317 county tag agent. A dealer of new or used motor vehicles may accept such application for title and state and local title ad valorem tax fees on behalf of the purchaser of a new or used motor vehicle for the purpose of delivering submitting or, in the case of an electronic title application, finalizing such title application and remitting state and local title ad valorem tax fees to the county tag agent to obtain a tag and title for the purchaser of such motor vehicle. (D) There shall be a penalty imposed on any person who, in the determination of the commissioner, falsifies any information in any bill of sale used for purposes of determining the fair market value of the motor vehicle. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the commissioner. Such determination shall be made within 60 days of the commissioner receiving information of a possible violation of this paragraph. (E) Except in the case in which an extension of the registration period has been granted by the county tag agent under Code Section 40-2-20, a A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and does not transmit submit or, in the case of an electronic title transaction, finalize such application for title and remit such state and local title ad valorem tax fees to the county tag agent within 10 30 days following the date of purchase shall be liable to the county tag agent for an amount equal to 5 percent of the amount of such state and local title ad valorem tax fees. An additional penalty equal to 10 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 60 days following the date of purchase. An additional 5 percent penalty equal to 15 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 90 days following the date of purchase, and an additional penalty equal to 20 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 120 days following the date of purchase. An additional penalty equal to 25 percent of the amount of such state and local title ad valorem tax fees shall be imposed for each subsequent month 30 day period in which the payment is not transmitted. (F) A dealer of new or used motor vehicles that accepts an application for title and state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and converts such fees to his or her own use shall be guilty of theft by conversion and, upon conviction, shall be punished as provided in Code Section 168-12. (2) A person or entity acquiring a salvage title pursuant to subsection (b) of Code Section 40-3-36 shall not be subject to the fee specified in paragraph (1) of this subsection but shall be subject to a state title ad valorem tax fee in an amount equal to 1 percent of the fair market value of the motor vehicle. Such state title ad valorem tax fee shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. 1318 JOURNAL OF THE SENATE (c)(1) The amount of proceeds collected by tag agents each month as state and local title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest pursuant to subsection (b) of this Code section shall be allocated and disbursed as provided in this subsection. (2) For the 2013 tax year and in each subsequent tax year, the amount of such funds shall be disbursed within 30 20 days following the end of each calendar month as follows: (A) State title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest shall be remitted to the state revenue commissioner who shall deposit such proceeds in the general fund of the state less an amount to be retained by the tag agent not to exceed 1 percent of the total amount otherwise required to be remitted under this subparagraph to defray the cost of administration. Such retained amount shall be remitted to the collecting county's general fund. Failure by the tag agent to disburse within such 30 20 day period shall result in a forfeiture of such administrative fee plus interest on such amount at the rate specified in Code Section 48-2-40; and (B) Local title ad valorem tax fees, administrative fees, penalties, and interest shall be designated as local government ad valorem tax funds. The tag agent shall then distribute the proceeds as specified in paragraph (3) of this subsection. (3) The local title ad valorem tax fee proceeds required under this subsection shall be distributed as follows: (A) The tag agent of the county shall within 30 20 days following the end of each calendar month allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county an amount of those proceeds necessary to offset any reduction in ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in the taxing jurisdiction of each governing authority and school district from the amount of ad valorem taxes on motor vehicles collected under Chapter 5 of Title 48 this title in each such governing authority and school district during the same calendar month of 2012. This reduction shall be calculated by subtracting the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in each such taxing jurisdiction from the amount of ad valorem tax on motor vehicles collected under Chapter 5 of Title 48 this title in that taxing jurisdiction in the same calendar month of 2012. In the event that the local title ad valorem tax fee proceeds are insufficient to fully offset such reduction in ad valorem taxes on motor vehicles, the tag agent shall allocate a proportionate amount of the proceeds to each governing authority and to the board of education of each such school district, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; and (B) Of the proceeds remaining following the allocation and distribution under TUESDAY, MARCH 5, 2013 1319 subparagraph (A) of this paragraph, the tag agent shall allocate and distribute to the county governing authority and to municipal governing authorities, the board of education of the county school district, and the board of education of any independent school district located in such county the remaining amount of those proceeds in the manner provided in this subparagraph. Such proceeds shall be deposited in the general fund of such governing authority or board of education and shall not be subject to any use or expenditure requirements provided for under any of the following described local sales and use taxes but shall be authorized to be expended in the same manner as authorized for the ad valorem tax revenues on motor vehicles under Chapter 5 of Title 48 this title which would otherwise have been collected for such governing authority or board of education. Of such remaining proceeds: (i) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district and the board of education of each independent school district located in such county in the same manner as required for any local sales and use tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 this title currently in effect. If such tax is not currently in effect, such proceeds shall be distributed to such board or boards of education in the same manner as if such tax were in effect; (ii)(I) Except as otherwise provided in this division, an amount equal to onethird of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect. (II) If such tax were never in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (III) If such tax is currently in effect as well as a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment, an amount equal to one-third of such proceeds shall be distributed in the same manner as required under subdivision (I) of this division and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district. (IV) If such tax is not currently in effect and a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment is currently in effect, such proceeds shall be distributed to the board of education of the county school district and the board of education of any independent school district in the same manner as required under that local constitutional amendment. (V) If such tax is not currently in effect and a homestead option sales and use 1320 JOURNAL OF THE SENATE tax under Article 2A of Chapter 8 of Title 48 this title is in effect, such proceeds shall be distributed to the governing authority of the county, each qualified municipality, and each existing municipality in the same proportion as otherwise required under Code Section 48-8-104; and (iii)(I) An amount equal to one-third of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under an intergovernmental agreement or as otherwise required under the county special purpose local option sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title currently in effect; provided, however, that this subdivision shall not apply if subdivision (III) of division (ii) of this subparagraph is applicable. (II) If such tax were in effect but expired and is not currently in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as if such tax were still in effect according to the intergovernmental agreement or as otherwise required under the county special purpose local sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 this title for the 12 month period commencing at the expiration of such tax. If such tax is not renewed prior to the expiration of such 12 month period, such amount shall be distributed in accordance with subdivision (I) of division (ii) of this subparagraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 this title is not in effect, such amount shall be distributed in accordance with subdivision (II) of division (ii) of this subparagraph. (III) If such tax is not currently in effect in a county in which a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, such proceeds shall be distributed to the governing body of the authority created by local Act to operate such metropolitan area system of public transportation. (IV) If such tax were never in effect, such proceeds shall be distributed in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 this title currently in effect; provided, however, that if such tax under such article is not in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (d)(1)(A) Upon the death of an owner of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor TUESDAY, MARCH 5, 2013 1321 vehicle pursuant to a will or under the rules of inheritance shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the death of an owner of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (2)(A) Upon the transfer from an immediate family member of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members who receive such motor vehicle shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of Title 48 this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the transfer from an immediate family member of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member who receives such motor vehicle shall transfer title of such motor vehicle to such recipient family member and shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (C) Any title transfer under this paragraph shall be accompanied by an affidavit of the transferor and transferee that such persons are immediate family members to one another. There shall be a penalty imposed on any person who, in the determination of the state revenue commissioner, falsifies any material information in such affidavit. Such penalty shall not exceed $2,500.00 as a state penalty and shall not 1322 JOURNAL OF THE SENATE exceed $2,500.00 as a local penalty as determined by the state revenue commissioner. Such determination shall be made within 60 days of the state revenue commissioner receiving information of a possible violation of this paragraph. (3) Any individual who: (A) Is required by law to register a motor vehicle or motor vehicles in this state which were registered in the state in which such person formerly resided; and (B) Is required to file an application for a certificate of title under Code Section 403-21 or 40-3-32 shall only be required to pay state and local title ad valorem tax fees in the amount of 50 percent of the amount which would otherwise be due and payable under this subsection at the time of filing the application for a certificate of title, and the remaining 50 percent shall be paid within 12 months. (4) The state and local title ad valorem tax fees provided for under this Code section shall not apply to corrected titles, replacement titles under Code Section 40-3-31, or titles reissued to the same owner pursuant to Code Sections 40-3-50 through 40-3-56. (5) Any motor vehicle subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section shall continue to be subject to the title, license plate, revalidation decal, and registration requirements and applicable fees as otherwise provided in Title 40 in the same manner as motor vehicles which are not subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (6) Motor vehicles owned or leased by or to the state or any county, consolidated government, municipality, county or independent school district, or other government entity in this state shall not be subject to the state and local title ad valorem tax fees provided for under paragraph (1) of subsection (b) of this Code section; provided, however, that such other government entity shall not qualify for the exclusion under this paragraph unless it is exempt from ad valorem tax and sales and use tax pursuant to general law. (7)(A) Any motor vehicle which is exempt from sales and use tax pursuant to paragraph (30) of Code Section 48-8-3 shall be exempt from state and local title ad valorem tax fees under this subsection. (B) Any motor vehicle which is exempt from ad valorem taxation pursuant to Code Section 48-5-478, 48-5-478.1, 48-5-478.2, or 48-5-478.3 shall be exempt from state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (8) There shall be a penalty imposed on the transfer of all or any part of the interest in a business entity that includes primarily as an asset of such business entity one or more motor vehicles, when, in the determination of the state revenue commissioner, such transfer is done to evade the payment of state and local title ad valorem tax fees under this subsection. Such penalty shall not exceed $2,500.00 as a state penalty per motor vehicle and shall not exceed $2,500.00 as a local penalty per motor vehicle, as determined by the state revenue commissioner, plus the amount of the state and local TUESDAY, MARCH 5, 2013 1323 title ad valorem tax fees. Such determination shall be made within 60 days of the state revenue commissioner receiving information that a transfer may be in violation of this paragraph. (9) Any owner of any motor vehicle who fails to submit within 30 days of the date such owner is required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees required under this Code section, plus and, if such state and local title ad valorem tax fees and the penalty are not paid within 60 days following the date such owner is required by law to register such vehicle, interest at the rate of 1.0 percent per month shall be imposed on the state and local title ad valorem tax fees due under this Code section, unless a temporary permit has been issued by the tax commissioner. The tax commissioner shall grant a temporary permit in the event the failure to timely apply for a first certificate of title is due to the failure of a lienholder to comply with Code Section 40-3-56, regarding release of a security interest or lien, and no penalty or interest shall be assessed. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-3-21 or 40-3-32, as applicable. A new or used motor vehicle dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under this paragraph and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of this paragraph. (10) The owner of any motor vehicle purchased in this state for which a title was issued in this state on or after January 1, 2012, and prior to March 1, 2013, shall be authorized to opt in to the provisions of this subsection at any time prior to January 1 February 28, 2014, upon compliance with the following requirements: (A)(i) The total amount of Georgia state and local title ad valorem tax fees which would be due from March 1, 2013, to December 31, 2013, if such vehicle had been titled in 2013 shall be determined; and (ii) The total amount of Georgia state and local sales and use tax and Georgia state and local ad valorem tax under Chapter 5 of Title 48 this title which were due and paid in 2012 for that motor vehicle and, if applicable, the total amount of such taxes which were due and paid for that motor vehicle in 2013 and 2014 shall be determined; and (B)(i) If the amount derived under division (i) of subparagraph (A) of this paragraph is greater than the amount derived under division (ii) subparagraph (A) of this paragraph, the owner shall remit the difference to the tag agent. Such remittance shall be deemed local title ad valorem tax fee proceeds; or (ii) If the amount derived under division (i) of subparagraph (A) of this paragraph is less than the amount derived under division (ii) of subparagraph (A) of this paragraph, no additional amount shall be due and payable by the owner. Upon certification by the tag agent of compliance with the requirements of this paragraph, such motor vehicle shall not be subject to ad valorem tax as otherwise 1324 JOURNAL OF THE SENATE required under Chapter 5 of Title 48 this title in the same manner as otherwise provided in paragraph (1) of subsection (b) of this Code section. (11)(A) In the case of rental motor vehicles owned by a rental motor vehicle concern, the state title ad valorem tax fee shall be in an amount equal to .75 .625 percent of the fair market value of the motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .75 .625 percent of the fair market value of the motor vehicle, but only if in the immediately prior calendar year the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was at least $400.00 as certified by the state revenue commissioner. If, in the immediately prior calendar year, the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was not at least $400.00, this paragraph shall not apply and such vehicles shall be subject to the state and local title ad valorem tax fees prescribed in division (b)(1)(B)(ii) of this Code section. (B) Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (12) A loaner vehicle shall not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section for a period of time not to exceed six months in a calendar year 366 days commencing on the date such loaner vehicle is withdrawn temporarily from inventory. Immediately upon the expiration of such six-month 366 day period, if the dealer does not return the loaner vehicle to inventory for resale, the dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required of an owner under paragraph (9) of this subsection and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of paragraph (9) of this subsection. (13) Any motor vehicle which is donated to a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code for the purpose of being transferred to another person shall, when titled in the name of such nonprofit organization, not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section but shall be subject to state and local title ad valorem tax fees otherwise applicable to salvage titles under paragraph (2) of subsection (b) of this Code section. (14)(A) A lessor of motor vehicles that leases motor vehicles for more than 31 consecutive days to lessees residing in this state shall register with the department. The department shall collect an annual fee of $100.00 for such registrations. Failure of a lessor to register under this subparagraph shall subject such lessor to a civil penalty of $2,500.00. (B) A lessee residing in this state who leases a motor vehicle under this paragraph shall register such motor vehicle with the tag agent in such lessee's county of residence within 30 days of the commencement of the lease of such motor vehicle or beginning residence in this state, whichever is later. (C) A lessor that leases a motor vehicle under this paragraph to a lessee residing in TUESDAY, MARCH 5, 2013 1325 this state shall apply for a certificate of title in this state within 30 days of the commencement of the lease of such motor vehicle. (15) There shall be no liability for any state or local title ad valorem tax fees in any of the following title transactions: (A) The addition or substitution of lienholders on a motor vehicle title so long as the owner of the motor vehicle remains the same; (B) The acquisition of a bonded title by a person or entity pursuant to Code Section 40-3-28 if the title is to be issued in the name of such person or entity; (C) The acquisition of a title to a motor vehicle by a person or entity as a result of the foreclosure of a mechanic's lien pursuant to Code Section 40-3-54 if such title is to be issued in the name of such lienholder; (D) The acquisition of a title to an abandoned motor vehicle by a person or entity pursuant to Chapter 11 of this title if such person or entity is a manufacturer or dealer of motor vehicles and the title is to be issued in the name of such person or entity; (E) The obtaining of a title to a stolen motor vehicle by a person or entity pursuant to Code Section 40-3-43; (F) The obtaining of a title by and in the name of a motor vehicle manufacturer, licensed distributor, licensed dealer, or licensed rebuilder for the purpose of sale or resale or to obtain a corrected title, provided that the manufacturer, distributor, dealer, or rebuilder shall submit an affidavit in a form promulgated by the commissioner attesting that the transfer of title is for the purpose of accomplishing a sale or resale or to correct a title only; (G) The obtaining of a title by and in the name of the holder of a security interest when a motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11 if such title is to be issued in the name of such security interest holder; (H) The obtaining of a title by a person or entity for purposes of correcting a title, changing an odometer reading, or removing an odometer discrepancy legend, provided that, subject to subparagraph (F) of this paragraph, title is not being transferred to another person or entity; and (I) The obtaining of a title by a person who pays state and local title ad valorem tax fees on a motor vehicle and subsequently moves out of this state but returns and applies to retitle such vehicle in this state. (16) It shall be unlawful for a person to fail to obtain a title for and register a motor vehicle in accordance with the provisions of this chapter. Any person who knowingly and willfully fails to obtain a title for or register a motor vehicle in accordance with the provisions of this chapter shall be guilty of a misdemeanor. (17) Any person who purchases a 1963 through 1985 model year motor vehicle for which such person obtains a title shall be subject to this Code section, but the state title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .50 percent of the fair market value of such motor vehicle. 1326 JOURNAL OF THE SENATE (e) The fair market value of any motor vehicle subject to this Code section shall be appealable in the same manner as otherwise authorized for a motor vehicle subject to ad valorem taxation under Code Section 48-5-450; provided, however, that the person appealing the fair market value shall first pay the full amount of the state and local title ad valorem tax prior to filing any appeal. If the appeal is successful, the amount of the tax owed shall be recalculated and, if the amount paid by the person appealing the determination of fair market value is greater than the recalculated tax owed, the person shall be promptly given a refund of the difference. (f) Beginning in 2014, on or before January 31 of each year, the department shall provide a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee showing the state and local title ad valorem tax fee revenues collected pursuant to this chapter and the motor vehicle ad valorem tax proceeds collected pursuant to Chapter 5 of this title during the preceding calendar year." SECTION 3. Said title is further amended by revising Code Section 48-7-40.12, relating to tax credits for qualified research expenses, by adding a new subsection to read as follows: "(f) Any credit earned under this Code section in any taxable year beginning before January 1, 2012, and any credit carryforward attributable thereto, shall be governed by this Code section as in effect for the taxable year in which such credit was earned, including, but not limited to, when determining whether such credit or any credit carryforward may be taken as a credit against the taxpayer's quarterly or monthly payments under Code Section 48-7-103." SECTION 4. Said title is further amended by revising paragraph (95) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows: "(95) The sale or purchase of any motor vehicle titled in this state on or after March 1, 2013, pursuant to Code Section 48-5C-1. This Except as otherwise provided in this paragraph, this exemption shall not apply to leases or rentals of motor vehicles for periods of 31 or fewer consecutive days or to those sales and use taxes collected pursuant to subsection (d) of Code Section 48-8-241. Lease payments for a motor vehicle that is leased for more than 31 consecutive days for which a state and local title ad valorem tax is paid shall be exempt from sales and use taxes as provided for in this paragraph. No sales and use taxes shall be imposed upon state and local title ad valorem tax fees imposed pursuant to Chapter 5C of this title as a part of the purchase price of a motor vehicle or any portion of a lease or rental payment that is attributable to payment of state and local title ad valorem tax fees under Chapter 5C of this title." SECTION 5. Said title is further amended by revising paragraph (4) of subsection (a) and adding a new subsection to Code Section 48-8-3.3, relating to an exemption from state sales and use TUESDAY, MARCH 5, 2013 1327 taxes for certain agricultural inputs and machinery, to read as follows: "(4) 'Energy used in agriculture' means fuels used for agricultural purposes, including, but purposes, other than fuels subject to prepaid state tax as defined in Code Section 48-8-2. The term includes, but is not limited to, off-road diesel, propane, butane, electricity, natural gas, wood, wood products, or wood by-products; liquefied petroleum gas or other fuel used in structures in which broilers, pullets, or other poultry are raised, in which swine are raised, in which dairy animals are raised or milked or where dairy products are stored on a farm, in which agricultural products are stored, and in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of agricultural products; and electricity or other fuel used in the drying, cooking, or further processing of raw agricultural products, including, but not limited to, food processing of raw agricultural products." "(f) A dealer that performs both manufacturing and agricultural operations at a single place of business may avail itself of the exemptions under either Code Section 48-8-3.2 or this Code section, but not both, for that place of business in any one calendar year." SECTION 6. Said title is further amended by revising Code Section 48-8-38, relating to the burden of proof on the seller as to taxability, as follows: "48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is shall be upon the person who makes the sale unless such person, in good faith, takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise tax exempt. (b) The certificate relieves the seller from the burden of proof as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate taken in good faith. A properly completed certificate taken in good faith means a seller shall obtain a certificate: (1) That is fully completed, including, but not limited to, the name, address, sales tax number, and signature of the taxpayer when required; (2) In a form appropriate for the type of exemption claimed; (3) Claiming an exemption that was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (4) Claiming an exemption that could be applicable to the item being purchased; and (5) Claiming an exemption that is reasonable for the purchaser's type of business. (c) The certificate relieves the seller from the burden of proof on sales for resale as provided in subsection (a) of this Code section if the seller acquires from the purchaser a properly completed certificate, taken in good faith, from a purchaser who: (1) Is engaged in the business of selling tangible personal property; 1328 JOURNAL OF THE SENATE (2) Has a valid sales tax registration number at the time of purchase and has listed his or her sales tax number on the certificate; and (3) At the time of purchasing the tangible personal property, the seller has no reason to believe that the purchaser does not intend to resell it in his or her regular course of business. (c)(d) The certificate shall include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (d) A purchaser claiming an exemption electronically shall use the standard form as adopted by the Streamlined Sales Tax Governing Board. (e) A seller shall obtain the same information for proof of a claimed exemption regardless of the medium in which the transaction occurred. (f) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a fully completed exemption certificate approved by the Streamlined Sales Tax Governing Board, the department, or the Multistate Tax Commission or captures the relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale. If the seller has not obtained a fully completed exemption certificate or all relevant data elements required under the Streamlined Sales and Use Tax Agreement within 90 days subsequent to the date of sale, the department shall provide the seller with 120 days subsequent to a request for substantiation to either: (1) Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtain a certificate that claims an exemption that: (A) Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (B) Could be applicable to the item being purchased; and (C) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that the transaction was not subject to the tax. (g) The department shall relieve a seller of the tax otherwise applicable if the seller obtains a blanket exemption certificate from a purchaser with which the seller has a recurring business relationship." SECTION 7. (a) This section and Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 1 shall be applicable to all taxable years beginning on or after January 1, 2012, except the provisions in Section 1 relating to Section 1106 of federal Public Law 112-95 shall also apply to taxable years beginning before January 1, 2012. (b) Section 3 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. (c) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. TUESDAY, MARCH 5, 2013 1329 SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 32nd moved that the Senate adopt the Conference Committee Report on HB 266. On the motion, a roll call was taken, and the vote was as follows: Y Albers E Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B E Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon N Loudermilk Y Lucas Y McKoon E Millar Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 42, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 266. The following communication was received by the Secretary: Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 1330 JOURNAL OF THE SENATE Mr. Secretary, 3/5/13 I request unanimous consent to be excused under rule 5-1.8(d) on HB 266. /s/ Butch Miller 49 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bills of the House: HB 105. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, known as the "General Appropriations Act," Act No. 775, approved May 7, 2012, (Ga. L. 2012, Vol. I, Appendix, commencing at page 1 of 175). HB 266. By Representative Peake of the 141st: 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. Senator Chance of the 16th moved that the Senate stand adjourned pursuant to HR 548 until 10:00 a.m. Thursday, March 7, 2013; the motion prevailed, and at 6:49 p.m. the President announced the Senate adjourned. THURSDAY, MARCH 7, 2013 1331 Senate Chamber, Atlanta, Georgia Thursday, March 7, 2013 Thirtieth 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 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th: A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 123. By Representatives Lindsey of the 54th, Coleman of the 97th, Jones of the 47th, Glanton of the 75th, Casas of the 107th 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 "Parent and Teacher Empowerment Act"; to provide for petitions to convert existing schools to charter schools or to impose turnaround models; to provide for definitions; to allow for petitions by parents or teachers; to provide for turnaround models; to provide for notice to the State Board of Education; to provide for local board approval; to provide for applicability; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. 1332 JOURNAL OF THE SENATE HB 164. HB 188. HB 193. HB 215. By Representatives Atwood of the 179th, Peake of the 141st, Smyre of the 135th, Knight of the 130th, Gordon of the 163rd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to eliminate the sunset from the exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes. By Representatives Coomer of the 14th, Jones of the 47th, England of the 116th, Holcomb of the 81st, Yates of the 73rd and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that certain military certifications shall entitle persons to obtain certain professional licenses in this state; to provide that the spouse of a member of the military living in this state because of the military spouse's assignment shall be entitled to obtain certain professional licenses based upon his or her licensing in another state; to provide for powers and duties of the director of the professional licensing boards division of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to repeal conflicting laws; and for other purposes. By Representative Benton of the 31st: 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 change provisions relating to filings in the clerk's office; to increase fees for certain THURSDAY, MARCH 7, 2013 1333 HB 250. filings; to change provisions relating to office hours; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Rice of the 95th: A BILL to be entitled an Act to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the local excise tax on the sale or use of energy, so as to provide for the revision of certain provisions relating to the levy, collection, and administration of such excise tax; to provide for nonapplicability of such tax to certain projects; to provide for procedures, conditions, and limitations; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 276. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Smith of the 70th and Nix of the 69th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset date for certain hazardous waste fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others: A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. 1334 JOURNAL OF THE SENATE HB 289. HB 304. HB 323. HB 359. By Representatives Kelley of the 16th, Lindsey of the 54th and Willard of the 51st: A BILL to be entitled an Act to amend Part 1 of Article 4A of Title 11 of the Official Code of Georgia Annotated, relating to subject matter and definitions relative to funds transfers, so as to clarify the relationship between certain provisions of the Uniform Commercial Code and federal law; to repeal conflicting laws; and for other purposes. By Representatives McCall of the 33rd, Black of the 174th, England of the 116th, Shaw of the 176th, Watson of the 172nd and others: A BILL to be entitled an Act to amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to freeport exemption, so as to clarify the applicability of an exemption to fertilizer production processes; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 32nd, Taylor of the 173rd, Lumsden of the 12th, Glanton of the 75th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles so as to modify the age for operation of certain commercial motor vehicle operators; to amend Code Section 40-1-167, relating to required information on license plates of limousines, so as to modify provisions relating to requirements on limousine license plates; to amend Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, so as to authorize the Department of Public Safety to assess an undetermined application fee for towing companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, England of the 116th, Powell of the 171st and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to require the commissioner of revenue to deposit certain funds in the THURSDAY, MARCH 7, 2013 1335 HB 366. HB 375. HB 381. HB 389. state treasury; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Fleming of the 121st, Atwood of the 179th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to clarify the application of provisions relating to disciplining certified officers and the requirements for certification of peace officers; to modify requirements for appointment or certification of persons as peace officers so as to allow for flexibility in taking the basic training examination; to provide for the automatic suspension of officers failing to obtain or report annual training requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Williamson of the 115th, Shaw of the 176th and Mayo of the 84th: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for cancellations under certain circumstances relating to policy terms that permit an audit or rate investigation and noncompliance by the insured; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Smith of the 70th, Burns of the 159th and others: A BILL to be entitled an Act to amend Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, organize volunteer services, and cooperate with government entities and civic organizations, so as to revise provisions relative to department creation and operation of a nonprofit corporation; to repeal conflicting laws; and for other purposes. By Representatives Taylor of the 173rd, Smith of the 134th, Meadows of the 5th, Shaw of the 176th, Rogers of the 29th 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 sunset requirements to 1336 JOURNAL OF THE SENATE HB 393. HB 400. HB 443. provide conversion and enhanced conversion rights and coverage; to add new provisions allowing for the discontinuance of conversion and enhanced conversion coverage; to sunset certain provisions related to the assignment system; to add new provisions allowing for the discontinuance of assignment system benefit plans; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hamilton of the 24th, Lindsey of the 54th, Carter of the 175th, Hatchett of the 150th, Kirby of the 114th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 34 of the O.C.G.A., relating to the Georgia Workforce Investment Board; to provide for powers and duties of the Georgia Workforce Investment Board; to provide for its meetings and chairperson; to provide for certain priorities of service; to provide for local workforce investment areas; to provide for local workforce investment boards and their composition, officers, meetings, powers, duties, and immunities; to provide for certification and funding and budgets; to provide for contracts and limitations with regard thereto; to provide for sanctions for nonperformance and lack of fiscal responsibility; to provide for the delivery of certain services and limitations thereon; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, so as to repeal 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. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; to provide for submission of this Act for preclearance under the federal THURSDAY, MARCH 7, 2013 1337 HB 451. HB 475. HB 480. HB 482. Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Smyre of the 135th, Smith of the 134th, Willard of the 51st, Hugley of the 136th and Pezold of the 133rd: 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 Chattahoochee Judicial Circuit and the Oconee Judicial Circuit; 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 amend an Act entitled "An Act to amend Chapter 6 of Title 15 of the O.C.G.A., relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Pak of the 108th, Ramsey of the 72nd, Rice of the 95th, Stephens of the 164th, Powell of the 32nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the commissioner of driver services to enter into reciprocal agreements on behalf of Georgia for the recognition of drivers' licenses issued by foreign territories; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Ballinger of the 23rd, Caldwell of the 131st, Pak of the 108th, Sheldon of the 104th, Abrams of the 89th and others: A BILL to be entitled an Act to amend Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to persons allowed to be present in a courtroom when a person under the age of 16 testifies concerning a sex offense, so as to add victim assistance personnel to the list of persons who may be present in a courtroom when a person under the age of 16 testifies concerning a sex offense; to repeal conflicting laws; and for other purposes. By Representatives Neal of the 2nd, Hill of the 22nd, Greene of the 151st, Dunahoo of the 30th, Kidd of the 145th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board of Corrections and the 1338 JOURNAL OF THE SENATE Department of Corrections, so as to provide that employees of the Department of Corrections serving as certified peace officers may retain their weapons under certain circumstances; to authorize the Board of Corrections to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 505. By Representatives Powell of the 32nd and McCall of the 33rd: A BILL to be entitled an Act to create a board of elections and registration for Madison County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 508. By Representatives Black of the 174th and Spencer of the 180th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change the provisions relating to the compensation of the members of the board; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 46. By Representatives Holt of the 112th, Welch of the 110th, Dickerson of the 113th and Rutledge of the 109th: A RESOLUTION honoring the life of Mr. Pierce Lovett Cline and dedicating a bridge in his memory; and for other purposes. HR 411. By Representatives Hightower of the 68th and Cooke of the 18th: A RESOLUTION honoring the life of Trooper Lieutenant Joseph "Joey" Keith Boatright and dedicating a bridge in his memory; and for other purposes. THURSDAY, MARCH 7, 2013 1339 HR 502. By Representatives Tanner of the 9th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others: A RESOLUTION creating the Joint Study Committee on Mental Health and School Violence; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SR 438. By Senators Hill of the 32nd, Miller of the 49th, Shafer of the 48th and Chance of the 16th: A RESOLUTION proposing an amendment to the Constitution so as to provide for limitations on state government taxation and expenditures; to provide for a short title; to provide for definitions; to provide for spending limits; to provide for excess revenues; to provide for the authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Appropriations Committee. SR 444. By Senators Orrock of the 36th, Thompson of the 5th, Tate of the 38th, Butler of the 55th, Henson of the 41st and others: A RESOLUTION recognizing and commending the United Automobile, Aerospace, and Agricultural Implement Workers of America Region 8 for its outstanding contributions; and for other purposes. Referred to the Insurance and Labor Committee. The following House legislation was read the first time and referred to committee: HB 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th: A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. 1340 JOURNAL OF THE SENATE HB 123. By Representatives Lindsey of the 54th, Coleman of the 97th, Jones of the 47th, Glanton of the 75th, Casas of the 107th 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 "Parent and Teacher Empowerment Act"; to provide for petitions to convert existing schools to charter schools or to impose turnaround models; to provide for definitions; to allow for petitions by parents or teachers; to provide for turnaround models; to provide for notice to the State Board of Education; to provide for local board approval; to provide for applicability; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 164. By Representatives Atwood of the 179th, Peake of the 141st, Smyre of the 135th, Knight of the 130th, Gordon of the 163rd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to eliminate the sunset from the exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 188. By Representatives Coomer of the 14th, Jones of the 47th, England of the 116th, Holcomb of the 81st, Yates of the 73rd and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that certain military certifications shall entitle persons to obtain certain professional licenses in this state; to provide that the spouse of a member of the military living in this state because of the military spouse's assignment shall be entitled to obtain certain professional licenses based upon his or her licensing in another state; to provide for powers and duties of the director of the professional licensing boards division of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. THURSDAY, MARCH 7, 2013 1341 HB 193. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 215. By Representative Benton of the 31st: 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 change provisions relating to filings in the clerk's office; to increase fees for certain filings; to change provisions relating to office hours; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 250. By Representative Rice of the 95th: A BILL to be entitled an Act to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the local excise tax on the sale or use of energy, so as to provide for the revision of certain provisions relating to the levy, collection, and administration of such excise tax; to provide for nonapplicability of such tax to certain projects; to provide for procedures, conditions, and limitations; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 276. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Smith of the 70th and Nix of the 69th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site 1342 JOURNAL OF THE SENATE response, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset date for certain hazardous waste fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others: A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 289. By Representatives Kelley of the 16th, Lindsey of the 54th and Willard of the 51st: A BILL to be entitled an Act to amend Part 1 of Article 4A of Title 11 of the Official Code of Georgia Annotated, relating to subject matter and definitions relative to funds transfers, so as to clarify the relationship between certain provisions of the Uniform Commercial Code and federal law; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 304. By Representatives McCall of the 33rd, Black of the 174th, England of the 116th, Shaw of the 176th, Watson of the 172nd and others: A BILL to be entitled an Act to amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to freeport exemption, so as to clarify the applicability of an exemption to fertilizer production processes; to provide for THURSDAY, MARCH 7, 2013 1343 an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 323. By Representatives Powell of the 32nd, Taylor of the 173rd, Lumsden of the 12th, Glanton of the 75th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles so as to modify the age for operation of certain commercial motor vehicle operators; to amend Code Section 40-1-167, relating to required information on license plates of limousines, so as to modify provisions relating to requirements on limousine license plates; to amend Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, so as to authorize the Department of Public Safety to assess an undetermined application fee for towing companies; 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 359. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, England of the 116th, Powell of the 171st and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to require the commissioner of revenue to deposit certain funds in the state treasury; 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 366. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Fleming of the 121st, Atwood of the 179th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to clarify the application of provisions relating to disciplining certified officers and the requirements for certification of peace officers; to 1344 JOURNAL OF THE SENATE modify requirements for appointment or certification of persons as peace officers so as to allow for flexibility in taking the basic training examination; to provide for the automatic suspension of officers failing to obtain or report annual training requirements; 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 375. By Representatives Williamson of the 115th, Shaw of the 176th and Mayo of the 84th: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for cancellations under certain circumstances relating to policy terms that permit an audit or rate investigation and noncompliance by the insured; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 381. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Smith of the 70th, Burns of the 159th and others: A BILL to be entitled an Act to amend Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, organize volunteer services, and cooperate with government entities and civic organizations, so as to revise provisions relative to department creation and operation of a nonprofit corporation; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 389. By Representatives Taylor of the 173rd, Smith of the 134th, Meadows of the 5th, Shaw of the 176th, Rogers of the 29th 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 sunset requirements to provide conversion and enhanced conversion rights and coverage; to add new provisions allowing for the discontinuance of conversion and enhanced conversion coverage; to sunset certain provisions related to the assignment system; to add new provisions allowing for the discontinuance of assignment THURSDAY, MARCH 7, 2013 1345 system benefit plans; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 393. By Representatives Hamilton of the 24th, Lindsey of the 54th, Carter of the 175th, Hatchett of the 150th, Kirby of the 114th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 34 of the O.C.G.A., relating to the Georgia Workforce Investment Board; to provide for powers and duties of the Georgia Workforce Investment Board; to provide for its meetings and chairperson; to provide for certain priorities of service; to provide for local workforce investment areas; to provide for local workforce investment boards and their composition, officers, meetings, powers, duties, and immunities; to provide for certification and funding and budgets; to provide for contracts and limitations with regard thereto; to provide for sanctions for nonperformance and lack of fiscal responsibility; to provide for the delivery of certain services and limitations thereon; 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 400. By Representative Sims of the 169th: 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 repeal 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. HB 443. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; to provide for submission of this Act for 1346 JOURNAL OF THE SENATE 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 451. By Representatives Smyre of the 135th, Smith of the 134th, Willard of the 51st, Hugley of the 136th and Pezold of the 133rd: 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 Chattahoochee Judicial Circuit and the Oconee Judicial Circuit; 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 amend an Act entitled "An Act to amend Chapter 6 of Title 15 of the O.C.G.A., relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 475. By Representatives Pak of the 108th, Ramsey of the 72nd, Rice of the 95th, Stephens of the 164th, Powell of the 32nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the commissioner of driver services to enter into reciprocal agreements on behalf of Georgia for the recognition of drivers' licenses issued by foreign territories; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 480. By Representatives Ballinger of the 23rd, Caldwell of the 131st, Pak of the 108th, Sheldon of the 104th, Abrams of the 89th and others: A BILL to be entitled an Act to amend Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to persons allowed to be present in a courtroom when a person under the age of 16 testifies concerning a sex offense, so as to add victim assistance personnel to the list of persons who may be present in a courtroom when a person under the age of 16 testifies concerning a sex offense; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. THURSDAY, MARCH 7, 2013 1347 HB 482. By Representatives Neal of the 2nd, Hill of the 22nd, Greene of the 151st, Dunahoo of the 30th, Kidd of the 145th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board of Corrections and the Department of Corrections, so as to provide that employees of the Department of Corrections serving as certified peace officers may retain their weapons under certain circumstances; to authorize the Board of Corrections to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 505. By Representatives Powell of the 32nd and McCall of the 33rd: A BILL to be entitled an Act to create a board of elections and registration for Madison County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 508. By Representatives Black of the 174th and Spencer of the 180th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change the provisions relating to the compensation of the members of the board; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1348 JOURNAL OF THE SENATE HR 46. By Representatives Holt of the 112th, Welch of the 110th, Dickerson of the 113th and Rutledge of the 109th: A RESOLUTION honoring the life of Mr. Pierce Lovett Cline and dedicating a bridge in his memory; and for other purposes. Referred to the Transportation Committee. HR 411. By Representatives Hightower of the 68th and Cooke of the 18th: A RESOLUTION honoring the life of Trooper Lieutenant Joseph "Joey" Keith Boatright and dedicating a bridge in his memory; and for other purposes. Referred to the Transportation Committee. HR 502. By Representatives Tanner of the 9th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others: A RESOLUTION creating the Joint Study Committee on Mental Health and School Violence; and for other purposes. Referred to the Rules 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 364 Do Pass SB 222 Do Pass HB 466 Do Pass SB 223 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman Senator Mullis of the 53rd asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. THURSDAY, MARCH 7, 2013 1349 Senator Seay of the 34th asked unanimous consent that Senator Davis of the 22nd be excused. The consent was granted, and Senator Davis 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 Tate of the 38th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Dugan Fort Ginn Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Orrock Seay Shafer Sims Staton Stone Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Davis (Excused) Tate (Excused) Golden (Excused) Ramsey (Excused) 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, Reverend Mike Franklin of Demorest, Georgia, who offered scripture reading and prayer. The following legislation, favorably reported by the committees, as listed on the Senate Consent Calendar for Joint Resolutions, was put upon its adoption: 1350 JOURNAL OF THE SENATE SENATE CONVENES AT 10:00 A.M. SENATE CONSENT CALENDAR FOR JOINT RESOLUTIONS THURSDAY, MARCH 7, 2013 SR 245 U.S. Congress; request to adopt a resolution proposing a balance budget amendment (RULES-32nd) SR 267 U.S. Army Corps of Engineers; urge to close Noyes Cut in the Satilla River System (NR&E-3rd) SR 348 Georgia Program Integrity Joint Study Committee; create (RULES-32nd) SR 371 U.S. Congress; making renewed application to call for a convention for purpose of proposing an amendment to U.S. Constitution (RULES-46th) Senator Henson of the 41st objected to SR 371, which was on the Senate Consent Calendar for Joint Resolutions, and asked that it be voted on individually. SR 371 was removed from the consent calendar. The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to. On the adoption of the legislation on the Senate Consent Calendar for Joint Resolutions, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby N Davenport Y Davis Y Dugan N Fort Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon Y Loudermilk Y Miller Y Mullis Y Murphy N Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman THURSDAY, MARCH 7, 2013 1351 Y Ginn Y Golden Y Gooch Lucas Y McKoon Y Millar Y Wilkinson Y Williams On the adoption of the legislation, the yeas were 46, nays 5. The legislation on the Senate Consent Calendar for Joint Resolutions, having received the requisite constitutional majority was adopted. The following legislation, having been removed from the Senate Consent Calendar for Joint Resolutions was continued upon its adoption: SR 371. By Senators Cowsert of the 46th, Shafer of the 48th, Chance of the 16th, Hill of the 32nd, Loudermilk of the 14th 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L N James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 1352 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 39, nays 13. SR 371, having received the requisite constitutional majority, was adopted. The following resolutions were read and adopted: SR 437. By Senator Gooch of the 51st: A RESOLUTION recognizing the Dahlonega Woman's Club on the occasion of its 100 year anniversary; and for other purposes. SR 439. By Senators Hill of the 32nd, Loudermilk of the 14th and Carter of the 1st: A RESOLUTION honoring the memories of Police Officer Sean Callahan and Deputy Sheriff Brian Lamar Mahaffey and recognizing and commending all law enforcement officers throughout the State of Georgia; and for other purposes. SR 440. By Senator Golden of the 8th: A RESOLUTION commending Kids' Chance of Georgia and recognizing its 25th anniversary; and for other purposes. SR 441. By Senator Albers of the 56th: A RESOLUTION recognizing March 10, 2013, as "Jacob Moore Day"; and for other purposes. SR 442. By Senator Wilkinson of the 50th: A RESOLUTION commending the Towns County High School girls cross country team for their significant achievements; and for other purposes. SR 443. By Senator Jeffares of the 17th: A RESOLUTION commending Mr. Warren Holder on his outstanding public service; and for other purposes. SR 445. By Senators Orrock of the 36th, Tate of the 38th, Butler of the 55th, Davenport of the 44th, Seay of the 34th and others: A RESOLUTION recognizing Alpha Kappa Alpha Sorority, Kappa Omega Chapter, during the month of March; and for other purposes. THURSDAY, MARCH 7, 2013 1353 SR 446. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION recognizing and commending Ms. Becki Garner, Jefferson City School System's Teacher of the Year; and for other purposes. SR 447. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Sarah Cosey, West Jackson County Middle School's 2013 Teacher of the Year and Jackson County System Teacher of the Year; and for other purposes. SR 448. By Senator Wilkinson of the 50th: A RESOLUTION recognizing March 12, 2013, as Georgia Downtown Renaissance Day; and for other purposes. SR 449. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Mrs. Dawn Gary, Commerce City Schools Teacher of the Year; and for other purposes. SR 450. By Senator Ginn of the 47th: A RESOLUTION recognizing and commending Brendan Jackson Gibson; and for other purposes. SR 451. By Senator Ginn of the 47th: A RESOLUTION recognizing and commending Johnathon Gabriel Doster; and for other purposes. Senator Davis of the 22nd was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday March 7, 2013 Thirtieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 1354 JOURNAL OF THE SENATE SB 222 Ramsey, Sr. of the 43rd CITY OF CONYERS A BILL to be entitled an Act to amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended specifically by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), so as to repeal certain provisions relating to the election and terms of office of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 223 Harbison of the 15th SCHLEY COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), 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 364 Jeffares of the 17th CITY OF MCDONOUGH A BILL to be entitled an Act to authorize the governing authority of the City of McDonough 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 466 Wilkinson of the 50th CITY OF CORNELIA A BILL to be entitled an Act to provide for a new charter for the City of Cornelia; to provide a general repealer; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. THURSDAY, MARCH 7, 2013 1355 On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk N Lucas Y McKoon Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 50, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Shafer of the 48th moved to engross SB 92, 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Chance Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Miller Y Mullis Y Murphy Y Orrock N Ramsey Y Seay Y Shafer Sims Y Staton 1356 JOURNAL OF THE SENATE Y Cowsert Crane Y Crosby N Davenport E Davis Y Dugan Fort Y Ginn Y Golden Y Gooch N Jackson, L Y James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Stone E 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 8; the motion prevailed, and SB 92 was engrossed. Senator Bethel of the 54th introduced the doctor of the day, former Senator Don "Doc" Thomas. SENATE RULES CALENDAR THURSDAY, MARCH 7, 2013 THIRTIETH LEGISLATIVE DAY SB 13 Nurses; require mandatory reporting (Substitute)(H&HS-1st) SB 23 "Stacey Nicole English Act"; aid in the location of missing persons; incapacitated due to medical conditions; establish (PUB SAF-44th) SB 228 Local Government; define the area of operation of a development authority (SLGO(G)-21st) SB 62 Federal and State Funded Health Care Financing Program Overview Committee; establish (H&HS-32nd) SB 165 Superior Courts; provide for additional judge of the Chattahoochee Judicial Circuit (Substitute)(JUDY-29th) SB 170 Forgery and Fraudulent Practices; identity fraud; add medical identity fraud (JUDYNC-32nd) SB 177 Georgia Tourism Foundation; change the membership (Substitute) (ECD-47th) SB 187 State Government; provide exemption for the board of commissioners of Georgia Student Finance Commission; board of directors (JUDY-32nd) SB 189 SB 206 SB 210 SB 243 SB 225 SB 226 SB 234 SB 231 SB 113 SB 236 SB 241 SR 293 SB 213 SB 85 SB 242 THURSDAY, MARCH 7, 2013 1357 Education; permit proprietary institutions of higher education to participate in establishing college/career academies (ED&Y-40th) Interstate Cooperation; provide for delegation from the State of Georgia to certain conventions (RULES-46th) Georgia Legacy Program; create; conservation funding mechanisms; operation (Substitute)(NR&E-20th) Education; student scholarship organization; definitions; change certain provisions (Substitute)(ED&Y-54th) Criminal Procedure; relieve a surety from liability under certain circumstances (Substitute)(JUDYNC-23rd) Coroners; investigation fees; change certain provisions (SLGO(G)-51st) Insurance; limited licenses to sell travel insurance; comprehensive revision of provision; issuance and regulation (I&L-25th) Georgia Driver's Education Commission; additional sums collected on fines; extend the sunset provisions (JUDYNC-14th) Civil Practice; personal service of a summons on a corporation; provisions (Substitute) (JUDY-10th) Insurance; require insurers; indicate amount of the premium increase; Patient Protection and Affordable Care Act (I&L-25th) "Georgia Leadership and Service Admissions Act"; provide for leadership/service recognition of students (Substitute)(H ED-6th) Ralph A. Pierce Memorial Highway; Lumpkin County; dedicate (Substitute) (TRANS-51st) "Flint River Drought Protection Act"; clarify legislative intent; revise definitions; expand programs (Substitute)(NR&E-20th) Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements (Substitute)(H&HS-54th) Downtown Development Authorities; undertake projects; reducing energy or water consumption; renewable resources (SLGO(G)-6th) 1358 JOURNAL OF THE SENATE SB 172 Education; provide the civil rights museum as a division of the Georgia Capitol Museum (Substitute)(H ED-10th) SB 94 Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise prov. (H&HS-40th) SB 121 License Plates; retired members of the General Assembly (PUB SAF-43rd) SB 92 Taxation/Revenue; add public transit to authorized purposes for proceeds of excise taxes (UAff-39th) SB 158 Temporary Medical Consent Guardianship; Physician Order for Lifesustaining Treatment; change certain signatures (H&HS-36th) SB 178 Georgia Legislative Retirement System; define a certain term; broaden certain provision (Substitute)(RET-40th) Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 13. By Senator Carter of the 1st: 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 require mandatory reporting for nurses; 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 13: 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 require mandatory reporting for nurses; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding a new article to read as follows: THURSDAY, MARCH 7, 2013 1359 "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. 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 nurse 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. Each board 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 such board. (d) Each 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: 1360 JOURNAL OF THE SENATE (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 applicable 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 to practice as such 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 in violating 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 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, currently or previously displaying 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 THURSDAY, MARCH 7, 2013 1361 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 2. This Act shall become effective only when funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act. 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 Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone E 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 52, nays 0. SB 13, having received the requisite constitutional majority, was passed by substitute. 1362 JOURNAL OF THE SENATE SB 23. By Senators Davenport of the 44th, Fort of the 39th, Jones of the 10th, James of the 35th, Tate of the 38th and others: A BILL to be entitled an Act to establish the "Stacey Nicole English Act" and in her honor to aid in the location of missing persons who may be incapacitated due to serious medical conditions; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to prohibit minimum waiting periods for initiating a missing person report; to authorize a state-wide endangered person advisory based on a missing person's severe medical condition; to amend Code Section 40-2-26 of the O.C.G.A., relating to form and contents of application for registration of motor vehicles, so as to provide for emergency contact information in vehicle application registration forms; 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 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 51, nays 0. SB 23, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 7, 2013 1363 The following communication was received by the Secretary: Committees: Senator Mike Dugan Economic Development District 30 Government Oversight 323-B Coverdell Legislative Office Building State Institutions and Property Atlanta, GA 30334 Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 March 7, 2013 Secretary of the Senate 353 State Capitol Atlanta, GA 30334 RE: SB 23 Please accept this letter of verification that, I request for the voting record on Thursday, March 7, 2013, reflect my vote in favor of Senate Bill 23. Your assistance is greatly appreciated. Sincerely, /s/ Mike Dugan District 30 SB 228. By Senators Beach of the 21st, McKoon of the 29th, Murphy of the 27th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to creation of development authorities, appointment and terms of directors, quorum, and adoption and filing of resolution of need, so as to define the area of operation of a development authority; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Beach of the 21st asked unanimous consent that SB 228 be placed on the Table. The consent was granted, and SB 228 was placed on the Table. 1364 JOURNAL OF THE SENATE SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Miller Mullis Y Murphy N Orrock Y Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone 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 45, nays 5. SB 62, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: THURSDAY, MARCH 7, 2013 1365 Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 Mr. Secretary, 3/7/13 Please record my favorable vote on SB 62. /s/ Butch Miller 49 SB 165. By Senators McKoon of the 29th and Harbison of the 15th: 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; to amend an Act entitled "An Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the superior courts, so as to provide for additional judges of the Atlanta Judicial Circuit, the Bell-Forsyth Judicial Circuit, the Chattahoochee Judicial Circuit, the Cobb Judicial Circuit, the Tallapoosa Judicial Circuit, and the Towaliga Judicial Circuit," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to change the method of selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for the duties of the chief judge and presiding judge of said circuit; to provide effective dates; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 165: 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 Chattahoochee Judicial Circuit and the Oconee Judicial Circuit; 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 powers, duties, and responsibilities of each such judge and the judges of said circuits; to amend Code Section 1366 JOURNAL OF THE SENATE 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to revise the terms of court for the Griffin circuit; to amend an Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 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 paragraph (8) as follows: "(8) Chattahoochee Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7" SECTION 1-2. A new judge of the superior court is added to the Chattahoochee Judicial Circuit, thereby increasing to seven the number of judges of said circuit. SECTION 1-3. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning on July 1, 2013, and expiring on December 31, 2014, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for the election of judges of the superior courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state. SECTION 1-4. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. THURSDAY, MARCH 7, 2013 1367 PART II SECTION 2-1. 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 paragraph (29) as follows: "(29) Oconee Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3" SECTION 2-2. A new judge of the superior court is added to the Oconee Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 2-3. The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning on July 1, 2013, and expiring on December 31, 2014, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for the election of judges of the superior courts of this state in 2014 for a term of four years beginning on January 1, 2015, and until the election and qualification of a successor. Future successors shall be elected each four years thereafter as provided by Code Section 21-2-138 of the Official Code of Georgia Annotated for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state. SECTION 2-4. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. PART III SECTION 3-1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, is amended by revising paragraph (19), as follows: "(19) Griffin Circuit: (A) Fayette County -- First Second Monday in March and second Monday in September. (B) Pike County -- Third Second Monday in April March and October second Monday in September. 1368 JOURNAL OF THE SENATE (C) Spalding County -- First Second Monday in February, June, and October March and second Monday in September. (D) Upson County -- Third Second Monday in March and August and first second Monday in November September." PART IV SECTION 4-1. An Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), is amended by revising Section 17 to read as follows: "SECTION 17. The chief judge of the Chattahoochee Judicial Circuit shall be elected from among the judges by a majority vote of the total number of active judges in such circuit by secret ballot. Elections shall be held during the second week of August preceding the expiration of a term. A quorum for conducting such election shall be five active judges. In the event no person obtains a majority 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 beginning on January 1, and a person may be elected to successive terms. If a presiding chief judge resigns the position or the position otherwise becomes vacant, the next most senior judge shall assume the duties of the position for the remainder of the vacated term. The chief judge shall be vested with the power to prepare schedules for conducting the circuit business for his or her term and shall make all appointments whenever the law provides for the superior court judge to make appointments." PART V SECTION 5-1. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by Parts I and II of this Act, this part and Parts I and II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Part III of this Act shall become effective on January 1, 2014. (c) Except as provided in subsection (b) of this section, for all other purposes, this Act shall become effective on July 1, 2013. SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. THURSDAY, MARCH 7, 2013 1369 The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 53, nays 0. SB 165, having received the requisite constitutional majority, was passed by substitute. SB 170. By Senator Hill of the 32nd: 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy 1370 JOURNAL OF THE SENATE Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone E 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 52, nays 1. SB 170, having received the requisite constitutional majority, was passed. SB 177. By Senators Ginn of the 47th, Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: 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 change the membership of the Georgia Tourism Foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Economic Development Committee offered the following substitute to SB 177: 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 change the membership of the Georgia Tourism Foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 7, 2013 1371 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by revising subsection (e) of Code Section 50-7-17, relating to tourism marketing program and tourism foundation, as follows: "(e) Georgia Tourism Foundation. (1) Establishment. There is hereby established the Georgia Tourism Foundation, existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers: (A) To solicit and accept contributions of money and in-kind contributions of services and property for the State-wide Tourism Marketing Program; (B) To make and disburse contributions to the department for such purposes; (C) To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions; (D) To formulate recommendations for the State-wide Tourism Marketing Program; (E) Subject to approval of the Governor, to create subsidiaries with like character and powers but with limited missions keyed to particular component programs and activities of the department's State-wide Tourism Marketing Program; and (F) To provide for additional officers and governance through bylaws which are consistent with the goals of lessening the government burden in promoting tourism, establishing and maintaining tax exempt status, and soliciting deductible contributions. (2) Members. The governance of the Georgia Tourism Foundation shall be in members, consisting of: not less than nine nor more than 20 members, appointed by the Governor. Members shall always include at least three members of the Board of Economic Development, together with such other members as appointed by the Governor. Service by a member of the Board of Economic Development as a member of the Georgia Tourism Foundation shall not constitute a conflict of interest. A member of the Georgia Tourism Foundation who is a member of the Board of Development shall serve as the chairperson of the Georgia Tourism Foundation and shall be elected by the members of the Georgia Tourism Foundation. In no event shall members of the Board of Economic Development comprise more than one-third of the members of the Georgia Tourism Foundation. The Georgia Tourism Foundation shall be authorized to fix the precise number of members, within the minimum and maximum numbers, by resolution adopted from time to time at a meeting of the Georgia Tourism Foundation by a majority of all the members of the Georgia Tourism Foundation. No member shall be individually liable for the acts or omissions to act by the foundation. (A) The commissioner of economic development, who will be chairperson; (B) The commissioner of natural resources; 1372 JOURNAL OF THE SENATE (C) Each of the executive directors of the Jekyll Island-State Park Authority, Stone Mountain Memorial Association, Lake Lanier Islands Authority, Agricultural Exposition Authority, North Georgia Mountains Authority, and Southwest Georgia Railroad Excursion Authority; (D) One representative each from the Aviation, Music, Sports, and Golf Halls of Fame; and (E) Additional private members appointed by the Governor under foundation bylaws. The chairpersons of the Senate Economic Development Committee and the House Economic Development and Tourism Committee shall serve as ex officio nonvoting members of the foundation. (3) Administration. The Georgia Tourism Foundation will shall be attached to the department for administrative purposes. The Attorney General will shall be the attorney for the foundation. The department may solicit and accept contributions from the foundation and authorize agencies to do so. The department may cooperate and contract with the foundation for their mutual benefit and authorize agencies to do so. Upon any dissolution of the foundation, its assets will devolve in trust to the department or its successor for use only for marketing to promote tourism for Georgia. (4) Public purpose. The creation of the Georgia Tourism Foundation and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted in this Code section may shall not be extended to any private person or entity." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy THURSDAY, MARCH 7, 2013 1373 Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 55, nays 0. SB 177, having received the requisite constitutional majority, was passed by substitute. SB 187. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer 1374 JOURNAL OF THE SENATE N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar N Sims Y Staton Y Stone E 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 39, nays 16. SB 187, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Curt Thompson District 5 121-I State Capitol Atlanta, GA 30334 Mr. Robert Ewing Secretary of the Senate 352 State Capitol Atlanta, GA 30334 Committees: Special Judiciary Judiciary Non-Civil Appropriations Ethics Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 March 7, 2013 Mr. Ewing: I was erroneously recorded as voting "yes" for SB 187. It was my intent to vote "no". Please record my desired vote in the journal. Thank you, /s/ Curt Thompson State Senator, District 5 THURSDAY, MARCH 7, 2013 1375 SB 189. By Senators Millar of the 40th, Albers of the 56th, Henson of the 41st, Carter of the 1st, Staton of the 18th 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. The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 53, nays 1. SB 189, having received the requisite constitutional majority, was passed. SB 206. By Senators Cowsert of the 46th, Shafer of the 48th, Chance of the 16th, Hill of the 32nd, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to provide 1376 JOURNAL OF THE SENATE for delegations from the State of Georgia to certain conventions called by the Congress of the United States for proposing amendments to the Constitution of the United States pursuant to Article V of said constitution; 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Y Crosby N Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer Y Sims Y Staton Y Stone 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 8. SB 206, having received the requisite constitutional majority, was passed. At 12:00 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. The following message was received from the House through Mr. Rivers, the Clerk thereof: THURSDAY, MARCH 7, 2013 1377 Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 78. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Abrams of the 89th, Cooper of the 43rd and others: A BILL to be entitled an Act to amend Title 16, Code Section 24-13-130, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the O.C.G.A., relating to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit exploitation of disabled adults, elder persons, and residents; to move relevant criminal penalties from Title 30 into Title 16; to amend Code Section 17-17-3, Title 31, Chapter 3 of Title 35, and Code Sections 42-8-63.1 and 49-2-14.1 of the O.C.G.A., so as to provide for conforming cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 238. By Representatives Maxwell of the 17th, Battles of the 15th, Coleman of the 97th, Benton of the 31st, Riley of the 50th and others: A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Public School Employees Retirement System, so as to clarify certain provisions relating to a limitation on the maximum level of retirement benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 240. By Representatives Carson of the 46th, Holt of the 112th, Black of the 174th and Evans of the 42nd: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require Medicaid and PeachCare for Kids reimbursement for certain speech-language pathology services; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 402. By Representatives Stephens of the 164th and Spencer of the 180th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, 1378 JOURNAL OF THE SENATE and sand dunes, so as to revise various provisions relative to shore protection and coastal marshlands protection; to revise and add definitions; to establish authority and powers of the Department of Natural Resources; to revise provisions relating to permit activities and procedures; to repeal provisions relating to local shore assistance programs; to provide for marine contractor licenses; to repeal provisions relating to the leasing of stateowned marshland or water bottoms; to provide for applicability; to strike obsolete language and correct cross-references; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 454. By Representatives Martin of the 49th, Lindsey of the 54th and Abrams of the 89th: A BILL to be entitled an Act to amend Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the contents and form of the budget report, so as to require certain items to be included in the tax expenditure review; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 473. By Representatives Welch of the 110th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and municipal corporations, so as to add the option of fiscal year contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 497. By Representatives Tanner of the 9th, Rogers of the 29th, Hamilton of the 24th, Burns of the 159th and Hawkins of the 27th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to revise provisions regarding the numbering and registration of vessels; to revise application procedures and expiration provisions; to revise a provision regarding exclusions and exemptions; to correct a crossreference; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Fort of the 39th was excused for business outside the Senate Chamber. The Calendar was resumed. THURSDAY, MARCH 7, 2013 1379 SB 210. By Senators Tolleson of the 20th, Jeffares of the 17th, Miller of the 49th, Crosby of the 13th, Harper of the 7th and others: 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 repeal Chapter 6A, relating to land conservation; to create the Georgia Legacy Program; to provide for legislative intent; to create conservation funding mechanisms and provide for their operation; to establish procedural requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 210: 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 repeal Chapter 6A, relating to land conservation; to create the Georgia Legacy Program; to provide for legislative intent; to create conservation funding mechanisms and provide for their operation; to establish procedural requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to land conservation, is amended by repealing in its entirety Chapter 6A, relating to land conservation, and enacting a new Chapter 6A to read as follows: "CHAPTER 6A 12-6A-1. The intent of this chapter is to create the Georgia Legacy Program. The General Assembly recognizes that as stewards of the state's natural resources, Georgians have a moral imperative and economic incentive to conserve the state's land and water. Georgia's land and water resources, the state's prime agricultural and forestry lands, and its natural, cultural, historic, and recreational areas are a priceless legacy that enhances the health of Georgia's ecosystems and its people, encourages working landscapes, fosters natural resource stewardship, sustains a healthy economy, and promotes a sustainable high quality of life for current and future generations of Georgians. This chapter shall provide funding options to acquire critical areas for clean water, game, 1380 JOURNAL OF THE SENATE wildlife, fisheries, or natural-resource-based outdoor recreation; provide stewardship for state lands; conserve working farms and forests; support local parks and trails; and promote places and programs for good health. 12-6A-2. As used in this chapter, the term: (1) 'Authority' means the Georgia Environmental Finance Authority established in Code Section 50-23-3. (2) 'City' means a statutorily established municipal government. (3) 'Commission' means the State Forestry Commission established under Code Section 12-6-2. (4) 'Conservation easement' means a conservation easement established in accordance with Code Section 44-10-2. (5) 'Conservation land' means land and water, or interests therein, that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, at least one of the following environmental values or conservation benefits: (A) Water quality protection for rivers, streams, and lakes; (B) Flood protection; (C) Wetlands protection; (D) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (E) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (F) Protection of prime agricultural and forestry lands; (G) Protection of cultural sites, heritage corridors, and archeological and historic resources; (H) Scenic protection; (I) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities; and (J) Connection of existing or planned areas contributing to the goals set out in this paragraph. (6) 'Costs of acquisition' means all direct costs of activities which are required by applicable state laws and local ordinances or policies in order to obtain fee simple or lesser interests in real property or to convey a conservation easement to a holder who will ensure the permanent protection of the property as conservation land. Said costs shall include the purchase price, if any; the costs of due diligence investigation, such as appraisals, surveys, phase 1 environmental reports, and title searches; title insurance; fees for services related to the direct acquisition of the real property, such as holding costs, overhead costs, finder's fees, and real estate commissions; attorney fees; pro rata ad valorem taxes; resource stewardship; and other costs related to closing the transaction; provided, however, that said costs shall not include any costs for services provided in violation of Chapter 40 of Title 43. THURSDAY, MARCH 7, 2013 1381 (7) 'Council' means the Georgia Legacy Council established by this chapter. (8) 'County' shall include consolidated county and municipal governments as well as a county. (9) 'Georgia Legacy funds' means the Georgia Legacy Trust Fund and the Georgia Legacy Revolving Fund. (10) 'Land conservation project' means a project to accomplish strategic investment in permanent protection of conservation land. (11) 'Nongovernmental entity' means a nonprofit organization primarily concerned with the permanent protection and conservation of land and natural resources, as evidenced by the organizational documents. (12) 'Other state authority' means a state authority that is otherwise created and authorized by law to engage in projects that would qualify as Georgia Legacy projects, to accept grants or loans, and to incur debt and is recommended by the department to receive either grants or loans for such a project; provided, however, that such term shall not include the Georgia Building Authority. (13) 'Permanently protected conservation areas' means those resources: (A) Owned by the federal government and designated for recreation or conservation, or as a natural resource; (B) Owned by the State of Georgia and dedicated for recreation or conservation, or as a natural resource; (C) Owned by a state or local unit of government or authority and subject to: (i) A conservation easement that ensures that the land will be maintained for conservation purposes; (ii) Contractual arrangements that ensure that, if the protected status is discontinued on a parcel, such property will be replaced by other conservation land which at the time of such replacement is of equal or greater monetary and resource protection value; (iii) A restrictive covenant in favor of a federal governmental entity; or (iv) A permanent restrictive covenant as provided in subsection (c) of Code Section 44-5-60; (D) Owned by any person or not for profit or for profit entity, subject to a conservation easement that ensures that the land will be maintained for conservation purposes; or (E) Acquired with Georgia Legacy funds, owned by a nongovernmental entity, and subject to a contractual agreement that ensures that the land will not be disposed of except for conservation purposes during the period that the loan is outstanding. (14) 'Project proposal' means any project proposal seeking moneys from the Georgia Legacy Trust Fund or Georgia Legacy Revolving Loan Fund. 12-6A-3. (a) There is created the Georgia Legacy Council. The council shall be composed of the commissioner of natural resources, who shall serve as chairperson; the state property officer, who shall serve as vice chairperson; the director of the State Forestry 1382 JOURNAL OF THE SENATE Commission; the executive director of the State Soil and Water Conservation Commission; the Commissioner of Agriculture; four members to be appointed by and to serve at the pleasure of the Governor; one member to be appointed by the Speaker of the House of Representatives; and one member to be appointed by the Lieutenant Governor. All appointed members shall have significant experience in conservation, agriculture, forestry, recreation, real estate, or natural resources. (b) The members of the council shall receive no compensation for their services on the council but shall be reimbursed for actual expenses incurred while discharging the duties imposed upon them by this chapter. (c) For administrative purposes, the council shall be attached to the authority. The authority shall provide staff support to the council, utilizing personnel and funds available to the authority. 12-6A-4. There is established the Georgia Legacy Trust Fund and the Georgia Legacy Revolving Loan Fund to consist of any state appropriations, moneys paid to the authority under intergovernmental contract for purposes of this chapter, voluntary contributions or donations, any federal moneys deposited in such funds, other moneys acquired for the use of such funds by any fund raising or other promotional techniques deemed appropriate by the authority, and all interest thereon. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys can be expended or loaned, on the entity that can receive grants or loans of such moneys, on the manner in which such moneys can be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited into the Georgia Legacy funds so long as any such restriction does not prevent the moneys so deposited from being used in a manner that is consistent with the purposes of this chapter. All balances in the Georgia Legacy funds shall be deposited in interest-bearing accounts. The authority shall administer the Georgia Legacy funds, shall grant or loan moneys held in the Georgia Legacy funds in furtherance of the purposes of and pursuant to the provisions of this chapter, and shall prepare, by June 30 of each year, an accounting of moneys received into and expended from the Georgia Legacy funds. The report shall be made available to the council, to the members of the General Assembly, and to members of the public on request. 12-6A-5. (a) Within the Georgia Legacy Trust Fund, moneys shall be made available in each fiscal year for grants to any city, county, department, agency, other state authority, or nongovernmental entity of this state having a Georgia Legacy project approved by the council. Each Georgia Legacy project shall, as a condition of eligibility for any such grant, have as its primary purpose one of the following conservation objectives: (1) To acquire critical areas for clean water, game, wildlife, fisheries, or naturalresource-based outdoor recreation as part of a land conservation project. Funds disbursed for purposes of this paragraph shall be used solely to defray the costs of THURSDAY, MARCH 7, 2013 1383 acquisition of conservation land or of conservation easements placed upon conservation land; (2) To preserve working farms and forests as part of a land conservation project. Funds disbursed for purposes of this paragraph shall be grants to state agencies or local governments to defray the costs of acquisition of conservation land or conservation easements on farms or forests that qualify as conservation land; (3) To support local parks and trails as part of a land conservation project. Funds disbursed for purposes of this paragraph shall be grants to local governments to aid in the acquisition and improvement of parks and trails within the jurisdiction of such local governments; (4) To provide stewardship of conservation land. Funds disbursed for purposes of this paragraph shall be used for maintenance or restoration projects conducted by the department, the State Forestry Commission, the State Soil and Water Conservation Commission, or the Department of Agriculture to enhance public access, use, or safe enjoyment of permanently protected conservation areas, whether or not such areas were acquired through this chapter; or (5) To promote land usage for vital environmental and wellness education programs. Disbursements for purposes of this paragraph shall be as grants to the Department of Public Health or any other state department or agency to carry out environmental and wellness education programs associated with public parks. (b) Within the Georgia Legacy Revolving Loan Fund, moneys shall be made available in each fiscal year for loans to any city, county, or nongovernmental entity having a land conservation project approved by the council. Loans from the Georgia Legacy Revolving Loan Fund shall be expended solely to defray the costs of acquisition of conservation land or of conservation easements placed upon conservation land. Any such loan shall bear interest at a rate established by the authority. 12-6A-6. (a) Approval of any project proposal shall be accomplished as provided for in this Code section. (b) The council shall adopt procedures to review and determine the disposition of project proposals including, but not limited to, a schedule of meetings on an as needed basis, at which project proposals will be considered; the components required to comprise a project proposal; the format in which project proposals will be submitted for consideration; the conditions which provide priority ranking to be used in reviewing the merits of project proposals; and the means, such as a memorandum of understanding, by which nongovernmental entities may enter into partnerships to assist with the development and implementation of project proposals. (c)(1) The authority shall review each project proposal for fiscal merit, for the capacity of the applicant to fulfill any matching fund requirements, for the fiscal solvency of the entity identified as responsible for implementing the project, and for compliance with all applicable terms and conditions of this chapter. (2) The department shall review each project proposal for its strategic investment in 1384 JOURNAL OF THE SENATE land resources with high environmental values or conservation benefits; for consistency with the conservation goals set forth in this chapter and the conservation priorities set forth by the Governor; for the merit of a plan for long-term management of the conservation land or conservation easement; and for compliance with all applicable terms and conditions of this chapter. (3) The Department of Agriculture or the State Forestry Commission shall review project proposals to preserve working farms and forests. The Department of Public Health shall review project proposals to promote land usage for vital environmental and public health wellness programs. (d) Reviews conducted pursuant to subsection (c) of this Code section shall be submitted to the council. The council shall review each project proposal and shall consider the recommendations of the authority and the various departments as applicable. (e) Upon the council's approval of a project proposal, such approved project shall become eligible for funding consistent with this chapter. The authority shall be responsible for the execution of each project following approval by the council and shall administer such projects consistent with the purposes of this chapter, all applicable regulations promulgated pursuant thereto, and the specific terms and conditions of any such project. (f) The minimum percentage of funds disbursed during a fiscal year from the Georgia Legacy Trust Fund for each conservation objective, as such percentage relates to the total outlay of funds from the Georgia Legacy Trust Fund during such fiscal year, shall be as follows: (1) Acquisition of areas for clean water, game, wildlife, fisheries, or natural-resource-based outdoor recreation 25 percent (2) Preservation of working farms and forests 20 percent (3) Support of local parks and trails 20 percent (4) Stewardship of permanently protected conservation areas 6 percent (5) Promotion of environmental wellness 4 percent 12-6A-7. (a) Grants may in appropriate cases be made for the acquisition of land, and the grantee shall be permitted to place the needed and appropriate conservation easements on such land to ensure its permanent protection as contemplated in this chapter and the grantee would then be entitled to resell the land to private parties at the highest obtainable price and return the proceeds to the trust fund for reuse for additional grants. (b) Any project proposed by any nongovernmental entity involving the acquisition of land shall be submitted by means of co-application with the city or county having jurisdiction over the area in question, but such city or county shall not be liable for any debt of the nongovernmental entity. THURSDAY, MARCH 7, 2013 1385 12-6A-8. (a) The department may, by agreement with a city, county, or nongovernmental entity, accept and administer property acquired by such city, county, or nongovernmental entity pursuant to this chapter or may make such other agreements for the ownership and operation of the property as are outlined in Code Sections 12-3-32 and 27-1-6. (b) Cities, counties, the department, the commission, other state departments or agencies, and other state authorities may, by agreement with nongovernmental entities as established in a memorandum of understanding adopted by the council, enter into partnerships to assist with the development of project proposals, to assist with the establishment of a local funding match, and to accept and administer property acquired by a city, county, the department, the commission, other state department or agency, or other state authority pursuant to this chapter. 12-6A-9. (a) The authority is authorized to promulgate rules and regulations to implement the terms of this chapter; provided, however, that for purposes of this chapter the authority shall be an agency subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The authority may audit, or have audited, the use of moneys from the Georgia Legacy Trust Fund or Georgia Legacy Revolving Loan Fund or the use of properties obtained pursuant to this chapter. (b) The council, the authority, and the department may enter into contracts or agreements, consistent with the intent and provisions of this chapter, setting forth the details of how each will discharge, in cooperation with the others, their respective responsibilities under this chapter. 12-6A-10. (a) The department shall establish the State Land Conservation Geographic Information System by maintaining its current geographic information system data and maps related to land conservation; annually updating its data and maps based on the acquisitions of conservation land; and monitoring progress in protecting the state's land resources. (b) The department shall make its geographic information system data and maps available to cities, counties, the commission, other state departments or agencies, and other state authorities to assist them in furthering the purposes of this chapter. (c) The department shall cooperate with the commission, the State Soil and Water Conservation Commission, the Cooperative Extension Service of the University of Georgia and other institutions and organizations with outreach programs designed for landowners to provide technical support on land conservation. The department shall assist with the development of project proposals including, but not limited to, providing information regarding program requirements and technical assistance with real estate transactions. (d) The department may establish a land conservation program consistent with the purposes of this chapter. 1386 JOURNAL OF THE SENATE 12-6A-11. (a) The Georgia Legacy Trust Fund established by this chapter shall be a successor to the former Georgia Land Conservation Trust Fund and, on July 1, 2014, all funds in the Georgia Land Conservation Trust Fund shall be transferred into the Georgia Legacy Trust Fund. (b) The Georgia Legacy Revolving Loan Fund established by this chapter shall be a successor to the former Georgia Land Conservation Revolving Loan Fund and, on July 1, 2014, all funds in the Georgia Land Conservation Revolving Loan Fund shall be transferred into the Georgia Legacy Revolving Loan Fund." SECTION 2. This Act shall become effective on July 1, 2014. 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams THURSDAY, MARCH 7, 2013 1387 On the passage of the bill, the yeas were 52, nays 2. SB 210, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator David Shafer District 48 321 State Capitol Atlanta, GA 30334 Committees: Insurance and Labor Appropriations Finance Health and Human Services Reapportionment and Redistricting Banking and Financial Institutions Regulated Industries and Utilities Rules COMMITTEE ON ADMINISTRATIVE AFFAIRS COMMITTEE ON ASSIGNMENTS The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 7, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Ewing: Please let the journal reflect that I was away from the floor during the debate and vote on Senate Bill 210. Very truly yours, /s/ David J. Shafer President Pro Tempore Senator Mullis of the 53rd was excused for business outside the Senate Chamber. 1388 JOURNAL OF THE SENATE SB 243. By Senators Bethel of the 54th, Jeffares of the 17th, Millar of the 40th and Carter of the 42nd: A BILL to be entitled an Act to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for such organizations; to change certain provisions relating to taxation reporting requirements for such organizations; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to change certain provisions relating to qualified education tax credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Education and Youth Committee offered the following substitute to SB 243: A BILL TO BE ENTITLED AN ACT To amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for such organizations; to change certain provisions relating to taxation reporting requirements for such organizations; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to change certain provisions relating to qualified education tax credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, is amended by revising paragraph (1) of Code Section 20-2A1, relating to definitions, as follows: "(1) 'Eligible student' means a student who is a Georgia resident who, immediately prior to receiving a scholarship or tuition grant under Code Section 20-2A-2 and enrolling in a qualified school or program, was enrolled in and attended for at least six weeks a Georgia secondary or primary public school or who is eligible to enroll in a qualified first grade, kindergarten program, or pre-kindergarten program; provided, however, that if a student is deemed an eligible student pursuant to this paragraph, he or she shall continue to qualify as such until he or she graduates, reaches the age of 20, or returns to a public school, whichever occurs first." THURSDAY, MARCH 7, 2013 1389 SECTION 2. Said chapter is further amended by revising Code Section 20-2A-2, relating to requirements for student scholarship organizations, as follows: "20-2A-2. Each student scholarship organization: (1) Must With respect to the first $1.5 million of its annual revenue received from donations for scholarships or tuition grants, must obligate for scholarships or tuition grants at least 90 percent of such its annual revenue received from donations for scholarships or tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $1.5 million and up to and including $10 million, must obligate at least 93 percent of such revenue for scholarships and tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $10 million and up to and including $20 million, must obligate at least 94 percent of such revenue for scholarships and tuition grants; and, with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $20 million, must obligate at least 95 percent of such revenue for scholarships and tuition grants however, up to 25 percent of this amount may be carried forward for the next fiscal year. On or before the end of the calendar year following the calendar year in which a student scholarship organization receives revenues from donations and obligates them for the awarding of scholarships or tuition grants, the student scholarship organization shall designate the obligated revenues for specific student recipients. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants, the student scholarship organization may distribute the entire obligated and designated revenues to a qualified school or program to be held in accordance with Department of Revenue rules for distribution to the specified recipients during the years in which the recipients are projected in writing by the private school to be enrolled at the qualified school or program. In making a multiyear distribution to a qualified school or program, the student scholarship organization shall require that if the designated student becomes ineligible or for any other reason the qualified school or program elects not to continue disbursement of the multiyear scholarship or tuition grant to the designated student for all the projected years, then the qualified school or program shall immediately return the remaining funds to the student scholarship organization. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants for which the student scholarship organization distributes the obligated and designated revenues to a qualified school or program annually rather than the entire amount, if the designated student becomes ineligible or for any other reason the student scholarship organization elects not to continue disbursement for all years, then the student scholarship organization shall designate any remaining previously obligated revenues for a new specific student recipient on or before the end of the following calendar year. The maximum scholarship amount given by the student scholarship 1390 JOURNAL OF THE SENATE organization in any given year shall not exceed the average state and local expenditures per student in fall enrollment in public elementary and secondary education for this state. The Department of Education shall determine and publish such amount annually, no later than January 1; (1.1) In awarding scholarships or tuition grants, shall consider financial needs of students based on the federal adjusted gross income from the federal income tax return most recently filed by the parents or guardians of such students, as adjusted for family size using the modified scale published by the Organization of Economic Cooperation and Development. If the parents or guardians of a student have not filed a federal income tax return in either of the two calendar years immediately preceding the year of application, the student scholarship organization shall consider the financial need of the student based on the paystubs of the parents or guardians from the 30 consecutive days closest to when the applicant submitted the scholarship application and on any other sources of income, including, but not limited to, unemployment benefits, social security benefits, and child support benefits; (2) Must maintain separate accounts for scholarship funds and operating funds. Until obligated revenues are designated for specific student recipients, the student scholarship organization shall hold the obligated revenues in a bank or investment account owned by the student scholarship organization and over which it has complete control; (3) Must have an independent board of directors with at least three members; (4) May transfer funds to another student scholarship organization; (5) Must conduct an audit of its accounts by an independent certified public accountant within 120 days after the completion of the student scholarship organization's fiscal year verifying that it obligated for scholarships or tuition grants at least 90 percent of its annual revenue received from donations for scholarships or tuition grants has complied with all requirements of this Code section, including but not limited to financial requirements. Each student scholarship organization shall provide a copy of the material findings of and provide such audit to the Department of Revenue in accordance with Code Section 20-2A-3. If the copy of the audit submitted fails to verify that the student scholarship organization obligated its annual revenue received from donations for scholarships or tuition grants as required under paragraph (1) of this Code section; that obligated revenues were designated for specific student recipients within the time frame required by paragraph (1) of this Code section; and that all obligated and designated revenue distributed to a qualified school or program for the funding of muliyear scholarships or tuition grants complied with all applicable Department of Revenue rules, then the Department of Revenue shall post on its website the details of such failure to verify. Until any such noncompliant student scholarship organization submits an amended audit, which, to the satisfaction of the Department of Revenue, contains the verifications required under of this Code section, the Department of Revenue shall not pre-approve any contributions to the noncompliant student scholarship organization; and (6) Must annually submit notice to the Department of Education in accordance with THURSDAY, MARCH 7, 2013 1391 department guidelines of its participation as a student scholarship organization under this chapter." SECTION 3. Said chapter is further amended by revising Code Section 20-2A-3, relating to taxation reporting requirements for student scholarship organizations, as follows: "(a) Each student scholarship organization must report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following: (1) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (2) The total number and dollar value of corporate contributions and tax credits approved; (3) The total number and dollar value of scholarships awarded to eligible students; and (4) On an aggregate basis, the average household income of the families of scholarship recipients based on the federal adjusted gross income, as defined in the United States Internal Revenue Code of 1986, or other income of the scholarship families considered by the student scholarship organization pursuant to paragraph (1.1) of Code Section 20-2A-2 as adjusted for family size using the modified scale published by the Organization for Economic Cooperation and Development; and (4)(5) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. Such report shall also include a copy of the audit conducted pursuant to paragraph (5) of Code Section 20-2A-2. The Department of Revenue shall post on its website the information received by from each student scholarship organization pursuant to paragraphs (1) through (4) of this subsection. (b) The Department of Revenue shall not require any other information from student scholarship organizations, except as expressly authorized in this chapter. Except for the information reported pursuant to paragraphs (1) through (4) of subsection (a) of this Code section, all All information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the student scholarship organization." SECTION 4. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, is amended by revising Code Section 48-7-29.16, relating to qualified education tax credits, as follows: "48-7-29.16. (a) As used in this Code section, the term: 1392 JOURNAL OF THE SENATE (1) 'Corporation' means a corporation as defined in paragraph (4) of Code Section 142-140. (2) 'Eligible student' shall have the same meaning as in paragraph (1) of Code Section 20-2A-1. (1)(3) 'Qualified education expense' means the expenditure of funds by the taxpayer during the tax year for which a credit under this Code section is claimed and allowed to a student scholarship organization operating pursuant to Chapter 2A of Title 20 which are used for tuition and fees for a qualified school or program. (2)(4) 'Qualified school or program' shall have the same meaning as in paragraph (2) of Code Section 20-2A-1. (3)(5) 'Student scholarship organization' shall have the same meaning as in paragraph (3) of Code Section 20-2A-1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education expenses as follows: (1) In the case of a single individual or a head of household, the actual amount expended or $1,000.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, the actual amount expended or $2,500.00 per tax year, whichever is less; or (3) Anything to the contrary contained in paragraph (1) or (2) of this subsection notwithstanding, in the case of an individual who is a member of a limited liability company duly formed under state law or is a shareholder of a Subchapter 'S' corporation, the amount expended or $10,000.00 per tax year, whichever is less; provided, however, tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such limited liability company or Subchapter 'S' corporation. (c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified education expenses in an amount not to exceed the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d)(1) The tax credit shall not be allowed if the taxpayer designates the taxpayer's qualified education expense for the direct benefit of any particular individual, whether or not such individual is a dependent of the taxpayer. (2) In soliciting contributions, a student scholarship organization shall not represent, or direct a qualified private school to represent, that, in exchange for contributing to the student scholarship organization, a taxpayer shall receive a scholarship for the direct benefit of any particular individual, whether or not such individual is a dependent of the taxpayer. The status as a student scholarship organization shall be revoked for any such organization which violates this paragraph. (e) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (f)(1) In no event shall the aggregate amount of tax credits allowed under this Code THURSDAY, MARCH 7, 2013 1393 section exceed $50 million per tax year; provided, however, that this maximum amount shall be adjusted annually until January 1, 2018, which adjustment may be based on the most recent annual percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average All Items Index, published by the Bureau of Labor Statistics of the United States Department of Labor, as determined by the department. (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, a student scholarship organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a student scholarship organization, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of contributions that the taxpayer intends to make to the student scholarship organization. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer and shall provide written notice to the taxpayer and the student scholarship organization of such preapproval or denial which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the student scholarship organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection. The department shall establish a webbased web based donation approval process to implement this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to student scholarship organizations if the commissioner preapproved a donation for a tax credit prior to the date the student scholarship organization is removed from the Department of Education list pursuant to Code Section 20-2A-7, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (g) In order for the taxpayer to claim the student scholarship organization tax credit under this Code section, a letter of confirmation of donation issued by the student scholarship organization to which the contribution was made shall be attached to the taxpayer's tax return. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the 1394 JOURNAL OF THE SENATE commissioner. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (h)(1) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal Revenue Code. (2) The amount of any scholarship received by an eligible student or eligible prekindergarten student shall be excluded from taxable net income for Georgia income tax purposes. (i) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this Code section." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2013. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Bethel of the 54th, Shafer of the 48th, Jeffares of the 17th and Ligon of the 3rd offered the following amendment 1: Amend the Senate Education and Youth Committee substitute to SB 243 (LC 33 5148ECS) by striking lines 14 through 21 and inserting in lieu thereof the following: "(1) 'Eligible student' means a student who is a Georgia resident who, immediately prior to receiving a scholarship or tuition grant under Code Section 20-2A-2 and enrolling in a qualified school or program, was enrolled in and attended for at least six weeks a Georgia secondary or primary public school or who is eligible to enroll in a qualified first grade, kindergarten program, or pre-kindergarten program; provided, however, that if a student is deemed an eligible student pursuant to this paragraph, he or she shall continue to qualify as such until he or she graduates, reaches the age of 20, or returns to a public school, whichever occurs first; and provided, further, that the enrollment and six week public school attendance requirements shall be waived in the case of a student who, based on the school attendance zone of his or her primary residence, is or would be assigned to a public school that the Office of Student Achievement determines to be a lowperforming school, who is the subject of officially documented cases of school based physical violence or student related verbal abuse threatening physical harm, or whose parent or parents inform the public school in writing that they do not wish for their child to participate in classroom instruction or exercises that conflict with their religious beliefs." THURSDAY, MARCH 7, 2013 1395 Senator Millar of the 40th offered the following amendment #1a: Amend amendment #1 (AM 33 1313) to SB 243 by delete comma on line 14 insert "or" Line 15 stop at "harm." Delete balance of line 15 and lines 16 - 18 On the adoption of the amendment, the yeas were 11, nays 30, and the Millar amendment #1a to the Bethel, et al. amendment #1 to the committee substitute was lost. On the adoption of the amendment, there were no objections, and the Bethel, et al. amendment #1 to the committee substitute was adopted. Senators Albers of the 56th, Crane of the 28th, Loudermilk of the 14th and Ligon of the 3rd offered the following amendment #2: Amend the committee substitute LC 33 5148-ECS to SB 243 by striking lines 67 - 77, renumber accordingly and strike lines 119 - 124, renumber accordingly 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 8, nays 41, and the Albers, et al. amendment #2 to the committee substitute was lost. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Miller E Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 1396 JOURNAL OF THE SENATE Y Crane Y Crosby Y Davenport Y Davis Y Dugan E Fort Y Ginn Y Golden Y Gooch Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar 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 243, having received the requisite constitutional majority, was passed by substitute. Senator Ginn of the 47th was excused for business outside the Senate Chamber. SB 225. By Senators Stone of the 23rd and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Non-civil Committee offered the following substitute to SB 225: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, is amended by revising Code Section Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear and remission of forfeiture, as follows: THURSDAY, MARCH 7, 2013 1397 "17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written statement of a licensed physician that the principal on the bond was prevented from attending by some due to a mental or physical disability or involuntary treatment. (b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon the presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case, along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed on the principal. Should there be a failure to place a detainer or hold within 15 ten days of the surety's service of a detainer or hold request, excluding Saturdays, Sundays, and legal holidays, and after such presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court. (c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that prior to the entry of the judgment on the forfeiture the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed against the principal. Should there be a failure to place a detainer or hold within 15 ten days of the surety's service of a detainer or hold request, excluding Saturdays, Sundays, and legal holidays, and after presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court. (c.1) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was deported by federal authorities. An official written notice of such deportation from a federal official shall be considered proof of the 1398 JOURNAL OF THE SENATE principal's deportation. (d) In cases in which paragraph (3) of this subsection is not applicable, on application filed within 120 days from the payment of judgment, the court shall order remission under the following conditions: (1) Provided the bond amount has been paid within 120 days after judgment and the delay has not prevented prosecution of the principal and upon application to the court with prior notice to the prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety caused the adjudication of the principal in the jurisdiction in which the bond was made principal is produced or otherwise appears before the court that has jurisdiction of the bond. Should the surety, within two years of the principal's failure to appear, locate the principal in the custody of the sheriff in the jurisdiction where the bond was made, or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, or produce the principal, if the apprehension or surrender of the principal is substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made, produce the principal or otherwise make the principal appear in the court that has jurisdiction of the bond, the surety shall be entitled to a refund of 50 percent of the bond amount. The application for 50 percent remission shall be filed no later than 30 days following the expiration of the two-year period following the date of judgment; (2) Remission shall be granted upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; or (3) If, within 120 days after from payment of the judgment, the surety surrenders the principal to the sheriff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or the surety locates the principal in custody in another jurisdiction, the surety shall only be required to pay costs and 5 percent of the face amount of the bond, which amount includes all surcharges. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or that said surrender has been made and that 5 percent of the face amount of the bond and all costs have been tendered to the sheriff, the court shall direct that the judgment be marked satisfied and that the writ of execution, fi. fa., fieri facias be canceled." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 7, 2013 1399 Senators Stone of the 23rd and Shafer of the 48th offered the following amendment #1: Amend the Senate Judiciary, Non-civil Committee substitute to SB 225 (LC 29 5597ERS) by inserting after the first semicolon on line 3 the following: to change certain provisions relating to remission of forfeiture; By deleting "Code Section" on line 8. By revising lines 14 and 15 as follows: principal on the bond was prevented from attending by some court due to a mental or physical disability or the principal on the bond was receiving inpatient treatment as involuntary treatment, as such terms are defined in Code Section 37-3-1. By revising line 53 as follows: (d) In cases in which paragraph (3) of this subsection (e) of this Code section is not applicable, on application filed By revising lines 66 through 74 as follows: before the court that has jurisdiction of the bond within such 120 day period. Should the surety, within two years of the principal's failure to appear, locate the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, or produce the principal, if the apprehension or surrender of the principal is substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made, the surety shall be entitled to a refund of 50 percent of the bond amount. The By inserting "or" at the end of line 76. By replacing "; or" with "; or." at the end of line 78. By revising line 79 as follows: (3)(e)(1) If, within 120 days after from payment of the judgment, the surety surrenders the By deleting the quotation mark at the end of line 89 and inserting between lines 89 and 90 the following: (2)(A) The court shall direct that the judgment be marked satisfied and that the writ of fieri facias be canceled, if within 120 days from payment of the judgement, the surety: (i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs to the sheriff; and 1400 JOURNAL OF THE SENATE (ii) Provides, in writing, the court, the prosecuting attorney, or the sheriff of the county with jurisdiction of the bond with competent evidence of the principal's location in another jurisdiction within the United States and states that it will provide for the reasonable remuneration for the rendition of the principal, as estimated by the sheriff; and (B) The prosecuting attorney or sheriff of the county with jurisdiction of the bond: (i) Declines to authorize or facilitate extradition; and (ii) Fails to enter the appropriate extradition approval code into the computerized files maintained by the Federal Bureau of Investigation National Crime Information Center therefore indicating an unwillingness to extradite the principal." On the adoption of the amendment, there were no objections, and the Stone, Shafer amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort E Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas N McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams THURSDAY, MARCH 7, 2013 1401 On the passage of the bill, the yeas were 51, nays 2. SB 225, having received the requisite constitutional majority, was passed by substitute. SB 226. By Senators Gooch of the 51st, Jackson of the 24th, Wilkinson of the 50th, Bethel of the 54th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to investigation fees; to provide for changes to compensation options of coroners; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort E Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 226, having received the requisite constitutional majority, was passed. 1402 JOURNAL OF THE SENATE SB 234. By Senators Jones of the 25th, Murphy of the 27th, Millar of the 40th, Ginn of the 47th, Golden of the 8th 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 comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell travel insurance; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 234, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: THURSDAY, MARCH 7, 2013 1403 Senator Hardie Davis District 22 110 State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Economic Development Ethics Finance Higher Education The State Senate Atlanta, Georgia 30334 3/7/13 Please record a yes vote for SB 234. /s/ Hardie Davis Senator Jackson of the 24th was excused for business outside the Senate Chamber. SB 231. By Senators Loudermilk of the 14th, Albers of the 56th, Ligon, Jr. of the 3rd, Hill of the 4th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, so as to extend the sunset provisions for the additional sums collected on fines for the purpose of funding the commission and driver education and training in Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senators Carter of the 42nd and Henson of the 41st offered the following amendment #1: Amend SB 231 (LC 35 2959) by inserting between lines 19 and 20 the following: (c) The fee amount provided for in this Code section shall be subject to revision if it is not fully appropriated for use by the Georgia Driver's Education Commission as intended by this article. If the appropriated amount for any fiscal year is less than 80 percent of the amount collected by the fee, then the amount of the fee shall be reduced automatically by operation of this Code section by 20 percent for the subsequent fiscal year. Any fee amount adjusted pursuant to this subsection 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. By deleting "(c)" at the beginning of line 20 and inserting "(c)(d)" in lieu thereof. 1404 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Carter of the 42nd, Henson 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 1. SB 231, having received the requisite constitutional majority, was passed as amended. SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd 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. The Senate Judiciary Committee offered the following substitute to SB 113: THURSDAY, MARCH 7, 2013 1405 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 and foreign corporation under certain circumstances; 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. Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, is amended by revising subsection (e) as follows: "(e) Summons -- Personal service. Except for cases in which the defendant has waived service, the summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows: (1)(A) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, or a managing agent, or other agent thereof, provided that when for any reason service cannot be had in such manner, the Secretary of State shall be an agent of such corporation or foreign corporation upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The plaintiff or the plaintiff's attorney shall certify in writing to the Secretary of State that he or she has forwarded by registered mail or statutory overnight delivery such process, service, or demand to the last registered office or registered agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the corporation or foreign corporation has failed either to maintain a registered office or to appoint a registered agent in this state. Further, if it shall appear appears from such certification that there is a last known address of a known officer of the corporation or foreign corporation outside the this state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail or statutory overnight delivery a copy of the summons and a copy of the complaint. Any such service by certification to the Secretary of State shall be answerable not more than 30 days from the date the Secretary of State receives such certification;. 1406 JOURNAL OF THE SENATE (B) As used in this paragraph, the term 'managing agent' means a person employed by a corporation or a foreign corporation who: (i) Has express authority to accept service of process on behalf of such corporation or foreign corporation; (ii) Has authority to bind such corporation or foreign corporation; or (iii) Has operational or supervisory authority of a site or facility in this state where such corporation or foreign corporation conducts business; (2)(A) If the action is against a foreign corporation or a nonresident individual, partnership, joint-stock company, or association, doing business and having a managing or other agent, cashier, or secretary within this state, to such agent, cashier, or secretary or to an agent designated for service of process;. (B) As used in this paragraph, the term 'managing agent' means a person employed by a foreign corporation or a nonresident individual, partnership, joint-stock company, or association doing business in this state who: (i) Has express authority to accept service of process on behalf of such entity; (ii) Has authority to bind such entity; or (iii) Has operational or supervisory authority of a site or facility in this state where such entity conducts business; (3) If against a minor, to the minor, personally, and also to such minor's father, mother, guardian, or duly appointed guardian ad litem unless the minor is married, in which case service shall not be made on the minor's father, mother, or guardian; (4) If against a person residing within this state who has been judicially declared to be of unsound mind or incapable of conducting his or her own affairs and for whom a guardian has been appointed, to the person and also to such person's guardian and, if there is no guardian appointed, then to his or her duly appointed guardian ad litem; (5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city, or to an agent authorized by appointment to receive service of process. If against any other public body or organization subject to an action, to the chief executive officer or clerk thereof; (6) If the principal sum involved is less than $200.00 and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of the abode and on the same day mailing by certified or registered mail or statutory overnight delivery an additional copy to the defendant at his or her last known address, if any, and making an entry of this action on the return of service; or (7) In all other cases to the defendant personally, or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process." THURSDAY, MARCH 7, 2013 1407 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer Y Sims Staton Y Stone 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 49, nays 0. SB 113, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator Steve Gooch District 51 421-C State Capitol Atlanta, GA 30334 Committees: Transportation Economic Development Appropriations Natural Resources and the Environment Rules 1408 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 Secretary of Senate State Capitol Atlanta, GA 30334 Ladies and Gentlemen, Please let it be known that I missed the vote of Senate Bill 113 due to handling business out of the Senate Chamber. Let the record show I intended to vote in favor of this bill. I appreciate your time. Sincerely, /s/ Steve Gooch State Senator District 51 Senator Cecil Staton District 18 421-F State Capitol Atlanta, GA 30334 March 7, 2013 Committees: Appropriations Banking and Financial Institutions Assignments Higher Education Reapportionment and Redistricting Regulated Industries and Utilities Rules The State Senate Atlanta, Georgia 30334 Mr. Bob Ewing Secretary of Senate 353 The State Capitol Atlanta, GA 30334 Dear Mr. Ewing: When SB 113 was up for a vote I was busy working on my official Whip duties and missed the vote. THURSDAY, MARCH 7, 2013 1409 If I would have voted, I would have voted "YES" on SB 113. Sincerely, /s/ Cecil Staton 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 132. By Representatives Hawkins of the 27th, Rogers of the 29th, Watson of the 166th, Channell of the 120th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 and Chapter 11 of Title 43 of the O.C.G.A., relating to pharmacists and pharmacies and dentists, dental hygienists, and dental assistants, respectively, so as to provide that the Georgia State Board of Pharmacy and the Georgia Board of Dentistry are transferred from being administratively attached from the Secretary of State to the Department of Community Health; to provide for the powers and duties of each board; to authorize each board to employ an executive director; to provide for the powers and duties of such executive directors; to provide for additional powers of the Georgia Drugs and Narcotics Agency; to provide for a census of dentists and dental hygienists; to revise provisions relating to qualifications of applicants to practice dentistry; to provide for notice of felonies by licensees; to repeal conflicting laws; and for other purposes. HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1410 JOURNAL OF THE SENATE HB 371. HB 372. HB 382. HB 458. HB 487. By Representatives Harbin of the 122nd, Parsons of the 44th, Peake of the 141st, Harrell of the 106th and Williamson of the 115th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to define liquefied natural gas for motor fuel tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Coomer of the 14th, Evans of the 42nd, Carter of the 175th, Nimmer of the 178th, Hatchett of the 150th 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 revise eligibility for a HOPE grant at a technical college or university institution; to revise a provision relating to the submission of an annual request for funding for the Technical College System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 171st, Lindsey of the 54th, Ehrhart of the 36th, Allison of the 8th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions 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. By Representatives Atwood of the 179th, Williams of the 119th, Smith of the 134th, Weldon of the 3rd, Peake of the 141st and others: A BILL to be entitled an Act to amend Code Section 44-3-94 of the Official Code of Georgia Annotated, relating to damage or destruction of units, restoration, vote not to restore, and allocation of insurance deductible, so as to change the maximum allowable casualty insurance deductible imposed by condominium associations; to repeal conflicting laws; and for other purposes. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public THURSDAY, MARCH 7, 2013 1411 health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 506. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th and Pezold of the 133rd: A BILL to be entitled an Act to amend a general Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for terms of office; to provide for filling vacancies in such office; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 513. By Representative Houston of the 170th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to abolish the Georgia Medical Center Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 107. By Representatives Sheldon of the 104th, Rynders of the 152nd, Channell of the 120th, Parrish of the 158th, Cooper of the 43rd and others: A RESOLUTION creating the Joint Study Committee on Medicaid Reform; and for other purposes. The Calendar was resumed. SB 236. By Senators Jones of the 25th, Murphy of the 27th, Harper of the 7th, Tippins of the 37th, Ginn of the 47th 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 require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any, attributable to the Patient Protection and Affordable Care Act; to provide for related matters; to repeal conflicting laws; and for other purposes. 1412 JOURNAL OF THE SENATE Senators Jackson of the 2nd and Henson of the 41st offered the following amendment #1: Amend SB 236 (LC 37 1582) by deleting lines 2 through 4 and inserting the following: provide that insurers issuing accident and sickness policies in this state may indicate on their premium statements to consumers the amount of the premium increase or decrease attributable to the Patient Protection and Affordable Care Act; to provide for other information; to provide for optional publication; to provide for related matters; to repeal By striking lines 14 and 15 and lines 23 and 24 and inserting in lieu thereof the following: (b) Notice of any premium increase or decrease may include how much of such increase or decrease is attributable to the federal Patient Protection and Affordable Care Act. In the event an insurer chooses to include such information, the determination shall include, without limitation, direct costs and any savings due to expanded coverage or expanded access to preventive care. The insurer shall also publish on its website the methodology utilized in making such determination." On the adoption of the amendment, the President asked unanimous consent. Senator Jones of the 25th objected. On the adoption of the amendment, the yeas were 17, nays 31, and the Jackson of the 2nd, Henson amendment #1 was lost. Senators Hill of the 32nd, McKoon of the 29th, Murphy of the 27th, Mullis of the 53rd, Loudermilk of the 14th and others offered the following amendment #2: Amend SB 236 (LC 37 1582) by striking the quotation mark at the end of line 24 and inserting after line 24 the following: (c) The commissioner of community health shall also provide notice to each person covered under the health insurance plans established pursuant to Article 1 of Chapter 18 of Title 45 when any premium increase occurs of how much of such increase is attributable to the federal Patient Protection and Affordable Care Act." On the adoption of the amendment, there were no objections, and the Hill of the 32nd, et al. amendment #2 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach N Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy THURSDAY, MARCH 7, 2013 1413 Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B N Jackson, L N James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone 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 17. SB 236, having received the requisite constitutional majority, was passed as amended. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Murphy of the 27th Staton of the 18th SB 241. By Senators Hill of the 6th, Harbison of the 15th and Dugan of the 30th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to provide for leadership and service recognition of students applying to institutions of the university system; to provide for recommendations for admissions to the university system; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Higher Education Committee offered the following substitute to SB 241: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to provide for leadership and service recognition of students applying to institutions of the university system; to provide for recommendations for admissions to the university system; to provide for related matters; to repeal conflicting laws; and for other purposes. 1414 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, is amended by adding a new part to read as follows: "Part 2A 20-3-88. This part shall be known and may be cited as the 'Georgia Leadership and Service Admissions Act.' 20-3-88.1. As used in this part, the term 'eligible student' means a person who: (1) Meets the median grade point average and entrance exam scores for the class admitted for the preceding fall semester at the institution that the student seeks recommendation for; (2) Meets the requirements for a HOPE scholarship as provided for in Code Section 20-3-519.2; (3) Is a citizen and legal resident of this state; (4) Has applied or intends to apply for admission into an institution of the university system that offers a Reserve Officers Training Corps program; and (5) Commits to serve in the Reserve Officers' Training Corps program for the entirety of the student's enrollment if such student attends the institution that such student seeks recommendation for. 20-3-88.2. (a) Each member of the General Assembly, the Governor, and the Lieutenant Governor may select an eligible student annually for public designation as a Georgia Leadership and Service Scholar and offer a written recommendation for such eligible student for use in the admissions process at an institution of the university system selected by such eligible student. (b) Each member of the General Assembly, the Governor, and the Lieutenant Governor may establish a process for receiving and evaluating eligible students for selection under subsection (a) of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. THURSDAY, MARCH 7, 2013 1415 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone 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 241, having received the requisite constitutional majority, was passed by substitute. SR 293. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Ralph A. Pierce and dedicating a road in his memory; and for other purposes. The Senate Transportation Committee offered the following substitute to SR 293: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Mr. Ralph A. Pierce was born on October 17, 1912, in Lumpkin County, Georgia, and during his lifetime he played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of the United States; and WHEREAS, a lifelong Lumpkin County resident, Mr. Pierce and his family operated C.D. Pierce and Son Grocery at the junction of Ga. 52 and Ga. 115 for 64 years; and 1416 JOURNAL OF THE SENATE WHEREAS, a man of deep and abiding faith, Mr. Pierce was a member of Wahoo Baptist Church and taught the adult Sunday school class for over 50 years; and WHEREAS, Mr. Pierce served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously participating in the Normandy invasion as a TEC4 during World War II; and WHEREAS, prior to his passing on August 9, 2012, Mr. Pierce was the oldest living veteran in Lumpkin County at the age of 99 years, nine months, and 23 days; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory. PART II WHEREAS, Judge William Jeffrey Lowe was born on April 12, 1958, in Lumpkin County, Georgia, and upon his graduation from Lumpkin County High School, he enrolled in the police academy and began work as a Lumpkin County deputy sheriff; and WHEREAS, he dedicated 21 years to protecting and serving the citizens of Georgia as a deputy in Lumpkin and Forsyth counties, until he was asked to serve as Lumpkin County's Assistant Magistrate Judge; and WHEREAS, in 1996, Judge Lowe was elected as a Magistrate Judge and served until his passing in 2012; and WHEREAS, his leadership and vision were instrumental to numerous organizations, including as a charter member and president of the Georgia Jail Association and as a representative of the Ninth Circuit on the Council of Magistrate Court Judges; and WHEREAS, Judge Lowe actively gave back to his community through his work with the local Jaycees, the Lions Club, Habitat for Humanity, Woodmen of the World, and Blue Mountain Lodge #38; and WHEREAS, a man of deep and abiding faith, Judge Lowe was a lifetime member of Antioch Baptist Church; and WHEREAS, Judge Lowe was united in love and marriage to his supportive and caring wife, Debbie, and the couple were inducted into the Order of the Eastern Star; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming an intersection in his memory. THURSDAY, MARCH 7, 2013 1417 PART III WHEREAS, the State of Georgia lost a hero and good Samaritan with the passing of Mr. Dekai Amonrasi on July 31, 2012; and WHEREAS, Mr. Amonrasi was born on February 26, 1964, the beloved son of Donald Foung and Fonseca Richards; and WHEREAS, a true hero, Mr. Amonrasi selflessly responded to action when he witnessed a fellow driver's car hit a guard rail and flip over a bridge on Roosevelt Highway and onto train tracks below; and WHEREAS, with only the thought of aiding another in need, Mr. Amonrasi exited his vehicle to provide assistance to the accident victim and lost his life in his attempt to save another's; and WHEREAS, Mr. Amonrasi's willingness to sacrifice his own life to help another in need serves as the epitome of courage and bravery; and WHEREAS, it is abundantly fitting and proper that the heroic actions of this remarkable Georgian be appropriately recognized by naming a bridge in his memory. PART IV WHEREAS, Melvin Ernest Thompson was born on May 1, 1903, in Millen, Georgia, the beloved son of Eva Inez Edenfield Thompson and Henry J. Thompson; and WHEREAS, Governor Thompson earned a bachelor's degree from Emory University and a master's degree from the University of Georgia; and WHEREAS, he began his career in the field of education as a principal and coach at Emanuel County Institute, served as superintendent for the Hawkinsville Public School System, worked as a state school supervisor and an assistant state superintendent of schools, and served as secretary of the Executive Department under Governor Ellis Arnall; and WHEREAS, after a two-year term as the state revenue commissioner, Governor Thompson was elected to this state's highest office in 1947; and WHEREAS, during Governor Thompson's tenure as governor, the University of Georgia's veterinary medical school and the Georgia Institute of Technology's engineering building were constructed, educators received salary increases, and the state purchased Jekyll Island, which was turned into a successful, year-round public resort; and 1418 JOURNAL OF THE SENATE WHEREAS, Governor Thompson was instrumental in the success of the City of Valdosta and Lowndes County, where his leadership as a founding member of the ValdostaLowndes County Industrial Authority spearheaded much of the urban development and planning for Valdosta and the surrounding areas, including the Azalea City Industrial Park; and WHEREAS, a community leader and advocate, Governor Thompson served as chairman of the Education Committee for the Trade School Development Committee, president of the Valdosta Rotary Club, and a member of Kappa Phi Kappa, Kappa Delta Phi, WOW, Civitan, and Shriners; and WHEREAS, Governor Thompson was united in love and marriage to his wife, Ann Newton Thompson, and he was blessed with a remarkable son, Melvin Ernest Thompson, Jr., and five grandchildren; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory. 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, Sergeant John A. Franklin was born on January 25, 1942, and served as a guardian of this nation's freedom and liberty with the United States Army with C. Company 2nd Battalion, 501st Infantry, 101st Airborne Division; and WHEREAS, a native of Rossville, Georgia, Sergeant Franklin gave the ultimate sacrifice on April 26, 1986, when he was killed in action in Thua Thien Province, South Vietnam; and WHEREAS, Sergeant Franklin demonstrated a deep personal commitment to protecting democracy and gave the ultimate sacrifice to ensure the well-being of his fellow man; and WHEREAS, it is important that fallen soldiers 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, Sergeant Franklin embodied the spirit of service and found meaning in something greater than himself, and it is abundantly fitting and proper that the sacrifice of this remarkable and distinguished American be honored appropriately. THURSDAY, MARCH 7, 2013 1419 PART VI WHEREAS, Mr. Fernando Joseph Torras was born in 1885 in Brunswick, Georgia, and during his lifetime he played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia and Glynn County; and WHEREAS, Mr. Torras served as Brunswick's city manager and was the main engineer for the causeway that was completed in 1924 to connect Brunswick to St. Simons Island and Sea Island; and WHEREAS, a graduate of the Georgia Institute of Technology, Mr. Torras built rail lines, bridges, and roads in the jungles of South America before tackling the causeway project which alleviated the need for an hour ferry ride to get to St. Simons from the mainland; and WHEREAS, at a time when others thought the construction of a causeway was impossible, Mr. Torras had the foresight and experience to realize that the soft mud of the marsh beds could be dredged to make a stable roadbed; and WHEREAS, the causeway was completed and open to vehicular traffic on June 26, 1924, after one year and one month of construction and was recognized as an engineering feat of history; and WHEREAS, the building of the causeway was an entirely local project which was undertaken by the 25,000 people of Glynn County without state or federal aid; and WHEREAS, during his role as city manager, Mr. Torras oversaw the development of the Howard Coffin Recreation Center, the Edo Miller Ball Park, numerous public boat marinas, and other developments within Brunswick; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory. PART VII WHEREAS, during her lifetime, Mrs. Beulah Rucker Oliver demonstrated deep personal commitment to the welfare of the citizens of Georgia and made exceptional contributions to society; and WHEREAS, Mrs. Rucker set an example for all women with her determination to make the world a better place; and WHEREAS, in 1944, at the age of 56, Mrs. Rucker earned a degree from Savannah State College, while teaching public and private school, giving music lessons, and making and selling hats; and 1420 JOURNAL OF THE SENATE WHEREAS, Mrs. Rucker opened The Industrial School in Hall County and later opened two schools in Gainesville, one of which was eventually merged with the City of Gainesville School District in the 1950s; and WHEREAS, a dedicated educator and philanthropist, Mrs. Rucker was the first person to receive a Rosenwald Grant for her school, was the first woman to establish a school in Gainesville, and was the first person to start a Veterans Night School in this state; and WHEREAS, Mrs. Rucker dedicated her entire life to "Light a Torch of Instruction"; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of an intersection in her honor. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Ga. 52 in Lumpkin County from Ga. 115 to the Hall County line is dedicated as the Ralph A. Pierce Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Highway 19 and Cavender Creek Road in Lumpkin County is dedicated as the Judge William Jeffrey Lowe Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 29 over the train tracks near Roosevelt Highway and Welcome All Road in Fulton County is dedicated as the Dekai Amonrasi Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 in Lowndes County from the West Hill Avenue exit to the North Valdosta Road exit is dedicated as the Governor Melvin Ernest Thompson Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Dietz Road in Catoosa County is dedicated as the Sergeant John A. Franklin Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that GA25-Spur E. from Brunswick to St. Simons Island in Glynn County is dedicated as the F.J. Torras Causeway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 129 and Athens Street in Hall County is dedicated as the Beulah Rucker Oliver Memorial Intersection. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. THURSDAY, MARCH 7, 2013 1421 BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the families of Mr. Ralph A. Pierce, Judge William Jeffrey Lowe, Mr. Dekai Amonrasi, Governor Melvin Ernest Thompson, Sergeant John A. Franklin, Mr. Fernando Joseph Torras, and Mrs. Beulah Rucker Oliver. On the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Ginn Y Golden Gooch Y Harbison Y Harper Y Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis E Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone 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 46, nays 0. SR 293, having received the requisite constitutional majority, was adopted by substitute. The following communication was received by the Secretary: 1422 JOURNAL OF THE SENATE Senator Steve Gooch District 51 421-C State Capitol Atlanta, GA 30334 Committees: Transportation Economic Development Appropriations Natural Resources and the Environment Rules The State Senate Atlanta, Georgia 30334 3/7/13 Secretary of Senate State Capitol Atlanta, GA 30334 Ladies and Gentlemen, Please let it be known that I missed the vote of Senate Resolution 293. I simply failed to press the button. Let the record show I intended to vote in favor of my Senate Resolution. I appreciate your time. Sincerely, /s/ Steve Gooch State Senator District 51 SB 213. By Senators Tolleson of the 20th, Sims of the 12th, Burke of the 11th, Hill of the 4th, Chance of the 16th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Flint River Drought Protection Act," so as to clarify legislative intent; to revise definitions; to expand programs and provide for completion of new studies; to provide for additional powers of the director; to provide for new irrigation efficiency requirements; to provide for participation in augmented flow programs; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Natural Resources and the Environment Committee offered the following substitute to SB 213: THURSDAY, MARCH 7, 2013 1423 A BILL TO BE ENTITLED AN ACT To amend Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Flint River Drought Protection Act," so as to clarify legislative intent; to revise definitions; to expand programs and provide for completion of new studies; to provide for additional powers of the director; to provide for new irrigation efficiency requirements; to provide for participation in augmented flow programs; to clarify compliance and enforcement provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 9 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Flint River Drought Protection Act," is amended by revising subsection (b) of Code Section 12-5-541, relating to legislative intent, as follows: "(b) The General Assembly finds that the use of water resources for the state for agricultural purposes is of vital importance to Georgia and southwest Georgia in particular; the protection of flows in the Flint River flow and its tributaries is necessary for a healthy riverine ecosystem and a healthy population of aquatic life; the use of water resources during drought conditions may interfere with public and private rights; the economic well-being of the State of Georgia is dependent on a strong and efficient agricultural industry; the wise use of water, the protection of stream flow flows, and the economic well-being of the state will be furthered by proper water allocation in periods of drought; and a program providing programs to augment stream flows or provide incentives to ensure that certain irrigated lands are temporarily not irrigated during severe droughts will promote the wise use of water resources, the protection of stream flows, and the economic well-being of the state." SECTION 2. Said article is further amended by revising Code Section 12-5-542, relating to definitions relative to Flint River drought protection, as follows: "12-5-542. As used in this article, except where otherwise specifically provided, the term: (1) 'Acceptable Flint River basin stream flow' flows' means the quantity of stream flows at one or more specific locations on the Flint River or its tributaries which provides for aquatic life protection and other needs as established by the director, based on municipal, agricultural, industrial, and environmental needs. (2) 'Affected area' means that portion of the state lying within the Flint River basin and areas where ground-water use from the Floridan aquifer can affect the stream flow flows in the Flint River or its tributaries. (2.1) 'Application efficiency' means the percentage of the total amount of water 1424 JOURNAL OF THE SENATE withdrawn from a source which ultimately reaches any plant's root zone. (3) 'Authority' means the Georgia Environmental Finance Authority created by Chapter 23 of Title 50. (4) 'Board' means the Board of Natural Resources. (5) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (6) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (7) 'Drought conditions' means any condition which results in a stream flow that is lower than the acceptable Flint River basin stream flow flows. (8) 'Drought protection funds' means the funds held by the authority as provided in Code Section 12-5-545 for the accomplishment of the purposes of this article. (9) 'Flint River basin' means the area of land which drains into the Flint River or its tributaries. (10) 'Floridan aquifer' means those rocks and sediments described in United States Geological Survey Open-File Report 95-321 (1996) that are capable of yielding ground water to wells or discharging water into the Flint River or its tributaries. (11) 'Irrigated land' means farm land which is irrigated by ground water or surface water pursuant to a water withdrawal permit issued by the director pursuant to Code Section 12-5-31 or 12-5-96. (12) 'Irrigation reduction auction' means the procedure established by subsection (b) of Code Section 12-5-546 pursuant to which permittees submit offers to cease irrigation of a specified number of acres in exchange for a certain sum of money. (13) 'Permittee' means a person holding a valid permit issued before December 1, 2000, pursuant to Code Section 12-5-31 or 12-5-96. (14) 'Stream flow' means the quantity of water passing a given location of the Flint River or its tributaries over a given time period expressed in cubic feet per second." SECTION 3. Said article is further amended in Code Section 12-5-544, relating to powers of the director of the Environmental Protection Division, by revising paragraph (2) and adding a new paragraph to read as follows: "(2) Establish acceptable Flint River basin stream flows at one or more locations;" "(9.1) Conduct and participate in studies related to management of the water resources in the Flint River basin;" SECTION 4. Said article is further amended in Code Section 12-5-546, relating to drought predictions and irrigation reduction auction, by revising subsections (a), (b), and (e) as follows: "(a) On or before March 1 of each year, the division will may issue a prediction as to whether severe drought conditions are expected during the year. If the division predicts a severe drought during any particular year, it shall issue such prediction before March 1 of that year. THURSDAY, MARCH 7, 2013 1425 (b) If severe drought conditions are predicted or otherwise declared in accordance with subsection (a) of this Code section, the division will may determine the total number of acres of irrigated land, serviced by irrigation systems located within one or more of the affected areas, that must not be irrigated that year in order to maintain the acceptable Flint River basin stream flow flows. Upon such determination, the division shall may conduct an irrigation reduction auction whereby a permittee of an irrigation system located within the affected areas is given an opportunity to enter into an agreement with the division, agreeing that in exchange for a certain sum of money per acre of irrigated land serviced by the irrigation system, the permittee will not irrigate those particular acres for the remainder of that calendar year. The authority shall pay the sum so agreed upon when so directed by the director from the unexpended balance of the drought protection funds. In conducting the irrigation reduction auction, the division may establish a maximum dollar amount per acre to be expended from the drought protection funds for such purposes." "(e) The expenditure of funds under this article as an incentive to permittees not to irrigate lands is deemed by the legislature as a valid use of state moneys to promote valid land use policies that result in the protection of the riverine environment by ensuring that such lands not be irrigated for specified periods of time. No expenditure of funds under this article shall be considered full or partial compensation for any losses, financial or otherwise, experienced due to nonirrigation; a lease or repurchase of any irrigation permit issued by the director, nor shall it be considered; or an acknowledgment by the State of Georgia of a property right in any permit issued by the director." SECTION 5. Said article is further amended by adding new Code sections to read as follows: "12-5-546.1. On or before January 1, 2014, the division shall, as appropriate and in cooperation with other state and federal agencies, universities, and other appropriate entities, undertake certain studies the results of which may be used to establish new and revised rules and regulations pertaining to the management of the water resources in the Flint River basin consistent with this article. Such studies shall include, but not be limited to: (1) Hydrologic studies to better characterize the response of surface- and groundwater resources to water use, changes in the watershed, and drought management actions; (2) Studies to develop flow targets or thresholds for the Flint River and selected tributaries which include mechanisms for input from local users to incorporate social and other values; (3) Studies to enhance baseline information related to irrigated acreage, agricultural water use, and potential for adoption of technology to improve irrigation efficiency; and (4) Assessment of additional drought management actions and funding alternatives, including quantification of agricultural withdrawal permits. 1426 JOURNAL OF THE SENATE 12-5-546.2. (a) The Department of Agriculture and the State Soil and Water Conservation Commission shall coordinate with the division in examining current practices, programs, policies, rules, and regulations to identify opportunities to enhance programming and incentives that will: (1) Support implementation of the agricultural water efficiency measures in water conservation or management plans prepared in accordance with Code Sections 12-531, 12-5-96, and 12-5-522; (2) Support implementation of pilot projects demonstrating the efficacy of emerging innovative irrigation technologies where appropriate and affordable; (3) Identify ways the State Soil and Water Conservation Commission's program for measuring agricultural uses of water as authorized under Code Section 12-5-105 can further enhance efforts to improve agricultural water use efficiency; and (4) Encourage a scheduled program for the voluntary retirement of unused surfacewater and ground-water farm use permits in accordance with Code Sections 12-5-31 and 12-5-105. (b) The director may modify all active surface-water and ground-water withdrawal permits for farm use in the affected area to require all irrigation systems applying water withdrawn pursuant to such permits to achieve application efficiencies of 80 percent or greater by the year 2020. The schedule for achieving the application efficiencies provided in this subsection shall be as follows: (1) Irrigation systems applying water withdrawn pursuant to all active permits issued after 2005 shall achieve a minimum application efficiency of 80 percent by January 1, 2016; (2) Irrigation systems applying water withdrawn pursuant to all active permits issued from 1991 through 2005 shall achieve a minimum application efficiency of 80 percent by January 1, 2018; and (3) Irrigation systems applying water withdrawn pursuant to all active permits issued before 1991 shall achieve a minimum application efficiency of 80 percent by January 1, 2020. (c) Notwithstanding subsection (b) of this Code section, the director may modify specified active surface-water and ground-water withdrawal permits for farm use in the affected area to require all mobile irrigation systems and solid-set irrigation sprinklers operating under such permits to achieve application efficiencies of 60 percent or greater by the year 2020. The schedule for achieving such efficiencies shall be as follows: (1) Irrigation systems applying water withdrawn pursuant to all active permits issued after 2005 shall achieve a minimum application efficiency of 60 percent by January 1, 2016; (2) Irrigation systems applying water withdrawn pursuant to all active permits issued from 1991 through 2005 shall achieve a minimum application efficiency of 60 percent by January 1, 2018; and (3) Irrigation systems applying water withdrawn pursuant to all active permits issued before 1991 shall achieve a minimum application efficiency of 60 percent by January THURSDAY, MARCH 7, 2013 1427 1, 2020. (d) Notwithstanding the application efficiency rates required in subsection (c) of this Code section or any other provision of this Code section to the contrary, the minimum application efficiency rate for mobile irrigation systems and solid-set irrigation sprinklers applying water withdrawn pursuant to new permits shall be 60 percent. (e) When considering any permit application for a new surface-water or ground-water withdrawal for farm use in the affected area, the division shall require that the irrigation system applying water withdrawn pursuant to any such permit has an application efficiency of at least 80 percent. (f) The division may, in accordance with rules adopted by the board, provide for requirements pertaining to methods an applicant may utilize to demonstrate that the required application efficiency has been achieved. (g) The division shall coordinate with any federal or state agencies offering incentive programs that support the purposes of this article, to identify opportunities to refine and target relevant programs as practicable and to assist permittees with achieving application efficiency requirements. 12-5-546.3. (a) As used in this Code section, 'permittee' means any person holding a valid permit issued pursuant to Code Section 12-5-31. (b) The state or any department, agency, or institution of the state may fund or invest in projects to augment stream flows in a portion or portions of the Flint River basin. All permittees with active surface-water withdrawal permits in the affected area downstream of a project specifically authorized to augment stream flows which the state has funded shall, in accordance with the board's rules and upon notification from the director, let the flow provided by the augmentation project pass their point of withdrawal. (c) Such notification shall, at a minimum, inform the permittees that the upstream project is delivering augmented flows and the water provided by the project is not available for withdrawal. (d) The director's notification shall contain notice of opportunity for a hearing and shall be served by certified mail, return receipt requested, to the most recent address provided by the permittee. Any permittee to whom such notification is directed shall comply therewith immediately, but shall be afforded a hearing within five business days of the director's receipt of a petition filed by such permittee. Based upon findings adduced at such hearing, the notification shall be modified, reversed, or continued by the director as he or she deems appropriate. (e) In preparing such notification, the director may consider: (1) The best available modeling and monitoring data for relevant locations and stream reaches; (2) The appropriate duration of protection of augmented flows; (3) The distance downstream for which protection of augmented flows is appropriate; (4) The degree to which protection of augmented flows will assist in mitigating the 1428 JOURNAL OF THE SENATE effects of droughts and ensure sustainable, long-term access to water resources for existing and future water users; and (5) Any other data or information the director deems relevant." SECTION 6. Said article is further amended by revising Code Section 12-5-549, relating to compliance and violations, as follows: "12-5-549. (a) Except as may otherwise be provided in Code Section 12-5-547 this article, whenever the director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he or she fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order. (b) Except as may otherwise be provided in Code Section 12-5-547 this article, any order issued by the director under this article shall become final unless the person or persons named therein file with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons. (c) Except as may otherwise be provided in Code Section 12-5-547 this article, hearings on contested matters and judicial review of final orders and other enforcement actions under this article shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. (d) The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order of the director unappealed from or a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court. (e) For purposes of this Code section, a violation of an agreement entered into in accordance with Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547 shall be prima facie established upon a showing that: (1) During the effective period of the agreement or order, the irrigation system was observed in person or via remote sensing or otherwise established by representatives of the division or others to have been operating and disbursing water; or (2) During the effective period of the agreement or order, a seal, lock, or other device placed by the division on the system to prevent operation of the system has been broken or otherwise tampered with." THURSDAY, MARCH 7, 2013 1429 SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Sims of the 12th, Tolleson of the 20th, Davis of the 22nd, Harper of the 7th and Burke of the 11th offered the following amendment #1: Amend the substitute to SB 213 (LC 40 0358S) by striking line 103 and inserting in lieu thereof the following: other state and federal agencies, universities, the Georgia Water Planning and Policy Center, and other appropriate entities, undertake On the adoption of the amendment, there were no objections, and the Sims, et al. amendment #1 to the committee substitute was adopted. Senators Williams of the 19th and Henson of the 41st offered the following amendment #2: Amend the committee substitute LC 40 0358S to SB 213 by adding on line 240 following Sec "7" No well or borehole shall be drilled or used for the purpose of injecting surface water into any aquifer in the State of Georgia. 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 22, nays 19, and the Williams, Henson amendment #2 to the committee substitute was adopted. Senator Carter of the 42nd offered the following amendment #3: Amend the committee substitute LC 40 0358S to SB 213 by striking lines 174 -201. On the adoption of the amendment, the yeas were 18, nays 30, and the Carter of the 42nd amendment #3 to the committee substitute was lost. Senator Cowsert of the 46th offered the following amendment #4: Amend the committee substitute LC 40 0358S to SB 213 by adding following line 115: (5) Studies to develop actionable baseline information related to return flows to the Flint River basin, interbasin transfer of water, reservoir releases, and municipal and industrial water use in the Flint River basin. 1430 JOURNAL OF THE SENATE (6) Assessment of additional drought management actions and funding alternatives, relating to return flows to the Flint River basin, interbasin transfer of water, reservoir releases, and municipal and industrial withdrawal permits. (b) Based on the studies described in subsection (a), the division shall establish acceptable Flint River basin stream flow targets or thresholds by January 1, 2015. Senators Harper of the 7th and Tolleson of the 20th offered the following amendment #4a: Amend Amendment #4 to SB 213 (LC 40 0358S) by striking lines 14 - 17 On the adoption of the amendment, the yeas were 26, nays 21, and the Harper, Tolleson amendment #4a to the Cowsert amendment #4 to the committee substitute was adopted. On the adoption of the amendment, there were no objections, and the Cowsert amendment #4 to the committee substitute was adopted as amended. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams THURSDAY, MARCH 7, 2013 1431 On the passage of the bill, the yeas were 52, nays 1. SB 213, 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 434. By Representatives Weldon of the 3rd, Willard of the 51st and Jacobs of the 80th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due and interest on such amount; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 486. By Representatives Roberts of the 155th, Nimmer of the 178th, Burns of the 159th, Watson of the 172nd, Shaw of the 176th 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; to provide for related matters; to repeal conflicting laws; and for other purposes. 1432 JOURNAL OF THE SENATE HB 511. By Representatives Dempsey of the 13th, Watson of the 166th, Cooper of the 43rd, Sims of the 123rd, Clark of the 101st and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for a pilot program to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions; to provide for eligibility; to provide for requirements; to provide for a review panel; to provide for an evaluation report on the pilot program; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 85. By Senators Bethel of the 54th, Mullis of the 53rd, Golden of the 8th, Carter of the 1st, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the 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 85: 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 THURSDAY, MARCH 7, 2013 1433 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 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 a specially prepared antigen which upon administration to a person will result in immunity to hepatitis A; hepatitis A and B; hepatitis B; herpes zoster; influenza; meningococcal disease; measles, mumps, and rubella; pneumococcal disease; tetanus and diphtheria; tetanus, diphtheria, and pertussis; or varicella. 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 No 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. (5)(9) 'Vaccine order' 'Influenza vaccine order' means a prescription drug order, 1434 JOURNAL OF THE SENATE 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 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 THURSDAY, MARCH 7, 2013 1435 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 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 Vaccine Information Statement, and consents to the administration of the influenza vaccine, and directs the pharmacy or nurse to notify or not to notify the vaccine recipient's primary care provider of the vaccine administered to the vaccine recipient, where applicable; and (F) Any adverse events or complications that occur; (5) If the vaccine recipient has notified the pharmacist or nurse that the vaccine recipient has a primary care provider, require the pharmacist or nurse to provide the vaccine recipient with a form that shall contain a checkbox, or another selection mechanism, which authorizes the pharmacist or nurse to notify the vaccine recipient's primary care provider of a vaccine administered by the pharmacist or nurse, or which prohibits the pharmacist or nurse from notifying the vaccine recipient's primary care 1436 JOURNAL OF THE SENATE provider of the vaccine administered by the pharmacist or nurse. If a vaccine recipient fails to select one of the two options, the pharmacist or nurse is not required to notify the vaccine recipient's primary care provider of the vaccine administered by the pharmacist or nurse; (5)(6) 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)(7) 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)(8) 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)(9) Provide for prioritization of influenza vaccine recipients in the event the supply of influenza a vaccine is limited; and (9)(10) 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 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 THURSDAY, MARCH 7, 2013 1437 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 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 1438 JOURNAL OF THE SENATE 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 any of the following: (1) an An influenza vaccine to any child under the age of 13 without an individual prescription from a physician, or any other types of vaccines to any child under the age of 18 without an individual prescription from a physician; or (2) Any vaccines containing a live attenuated virus to a child under the age of 13. and consent 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 Y Balfour Y Beach Y Bethel N Burke Y Butler Y Carter, B Y Carter, J E Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H N Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 46, nays 7. N Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer N Sims E Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams SB 85, having received the requisite constitutional majority, was passed by substitute. THURSDAY, MARCH 7, 2013 1439 At 5:12 p.m. the President announced that the Senate would stand at ease until 5:30 p.m. At 5:30 p.m. the President called the Senate to order. Senator Tate of the 38th was excused for business outside the Senate Chamber. The Calendar was resumed. SB 242. By Senators Hill of the 6th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to powers of downtown development authorities generally, so as to provide that downtown development authorities may undertake projects regarding reducing energy or water consumption on property or installing an improvement to property that produces energy from renewable resources within the territorial boundaries of the municipality; 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: N Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Carter, J E Chance N Cowsert N Crane Y Crosby Davenport N Davis Y Dugan Y Fort Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock N Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams 1440 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 36, nays 7. SB 242, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused for business outside the Senate Chamber. SB 172. By Senators Jones of the 10th, Thompson of the 33rd, Carter of the 42nd, Chance of the 16th, Jackson of the 2nd and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and University System of Georgia, so as to provide for a civil rights museum as a division of the Georgia Capitol Museum; to repeal conflicting laws; and for other purposes. The Senate Higher Education Committee offered the following substitute to SB 172: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and University System of Georgia, so as to provide for a civil rights museum as a division of the Georgia Capitol Museum; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and University System of Georgia, is amended by adding a new Code section to read as follows: "20-3-41. (a)(1) The provisions of Code Section 28-4-2 and Part 2 of Article 4 of Chapter 13 of Title 45 notwithstanding, upon funds being made available there may be a civil rights museum established on Capitol Hill, which may be located within or outside the capitol building. The purpose of such museum shall be to pay tribute to and highlight the accomplishments of prominent leaders in the civil rights movement who contributed to the greater good of the nation, including but not limited to Martin Luther King, Jr., Coretta Scott King, Joseph Lowery, Andrew Young, and John Lewis. (2) Without limiting the provisions of paragraph (1) of this subsection, a suitable portrait of Martin Luther King, Jr., shall be placed on display in the civil rights museum. THURSDAY, MARCH 7, 2013 1441 (b) Such museum shall be a division of the Georgia Capitol Museum provided for by Code Section 20-3-40 and shall be governed and administered accordingly." 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone 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 172, having received the requisite constitutional majority, was passed by substitute. SB 94. By Senators Millar of the 40th, Unterman of the 45th, Hufstetler of the 52nd and Albers of the 56th: 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 1442 JOURNAL OF THE SENATE 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: Y Albers Y Balfour Y Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J E Chance N Cowsert Y Crane Y Crosby Davenport N Davis N Dugan N Fort N Ginn Y Golden Y Gooch N Harbison N Harper N Heath Y Henson N Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Ligon N Loudermilk N Lucas N McKoon Y Millar Y Miller N Mullis Y Murphy Y Orrock Y Ramsey Y Seay N Shafer N Sims E Staton Stone E Tate N Thompson, C Y Thompson, S Y Tippins N Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 28, nays 19. SB 94, having failed to receive the requisite constitutional majority, was lost. Senator Millar of the 40th gave notice that at the proper time he would move that the Senate reconsider its action on SB 94. The President entertained the motion for reconsideration immediately. Senator Millar of the 40th moved that the Senate reconsider its action in defeating the following bill. THURSDAY, MARCH 7, 2013 1443 SB 94. By Senators Millar of the 40th, Unterman of the 45th, Hufstetler of the 52nd and Albers of the 56th: 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. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance N Cowsert N Crane Y Crosby Y Davenport N Davis N Dugan N Fort N Ginn Y Golden Y Gooch N Harbison Y Harper N Heath Y Henson N Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas N McKoon Y Millar Miller N Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer N Sims E Staton N Stone E 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 15; the motion prevailed, and SB 94 was reconsidered. Senator Millar of the 40th moved to suspend Senate Rules to reconsider SB 94 on the Senate Rules Calendar for today. Senator Cowsert of the 46th objected. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Harbison N Harper N Heath Miller N Mullis Y Murphy 1444 JOURNAL OF THE SENATE Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance N Cowsert N Crane Y Crosby Y Davenport N Davis N Dugan Y Fort N Ginn Y Golden N Gooch Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer N Sims E Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 37; nays 12, the motion lost, and the Senate did not suspend the Senate Rules to consider SB 94. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Sims of the 12th Senator Millar of the 40th moved to reconsider the vote on suspending the Senate Rules. On the motion, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance N Cowsert N Crane Y Crosby Y Davenport N Davis N Dugan N Harbison N Harper N Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares N Jones, B Jones, E Y Ligon Y Miller N Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer E Sims E Staton N Stone E Tate N Thompson, C Y Thompson, S Y Tippins Y Tolleson THURSDAY, MARCH 7, 2013 1445 Y Fort N Ginn Y Golden N Gooch Y Loudermilk N Lucas Y McKoon Y Millar Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 32; nays 14, the motion prevailed, and the Senate reconsidered the motion to suspend the Senate Rules. Senator Unterman of the 45th moved to suspend the Senate Rules to consider SB 94. On the motion, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis N Dugan Y Fort N Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares N Jones, B Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller N Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer E Sims E Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 38; nays 9, the motion prevailed, and the Senate suspended the Senate Rules and placed SB 94 at the foot of the Rules Calendar for today. SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for 1446 JOURNAL OF THE SENATE 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 Beach E Bethel N Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis N Dugan Y Fort Y Ginn N Golden N Gooch Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares N Jones, B Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay N Shafer E Sims E Staton Y Stone E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 34, nays 12. SB 121, having received the requisite constitutional majority, was passed. SB 92. By Senators Fort of the 39th, Henson of the 41st, Ramsey, Sr. of the 43rd, Mullis of the 53rd, James of the 35th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to add public transit to the authorized purposes for the proceeds of such tax; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, MARCH 7, 2013 1447 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Jones, E Y Ligon N Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer E Sims E Staton Y Stone E Tate Y Thompson, C Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 2. SB 92, having received the requisite constitutional majority, was passed. SB 158. By Senators Orrock of the 36th, Unterman of the 45th, Stone of the 23rd, Ligon, Jr. of the 3rd, Henson of the 41st and others: A BILL to be entitled an Act to amend Code Section 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; 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 Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy 1448 JOURNAL OF THE SENATE Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer E Sims E Staton Y Stone 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 0. SB 158, having received the requisite constitutional majority, was passed. SB 178. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Article 6 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and death benefits under the Georgia Legislative Retirement System, so as to define a certain term; to broaden a certain provision prohibiting a person receiving a pension under such retirement system from accepting public employment; to provide that the board of trustees of such retirement system shall have the authority to provide for the time and circumstances of paying benefits as necessary to comply with federal law; 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 THURSDAY, MARCH 7, 2013 1449 GREG S. GRIFFIN State Auditor (404) 656-2174 February 13, 2013 The Honorable Fran Millar State Senator Coverdell Legislative Office Building, Room 319-B Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 178 (LC 21 2085) Dear Senator Millar: This bill would amend provisions relating to retirement benefits paid under the Georgia Legislative Retirement System. If this legislation is enacted, the board of trustees would be authorized to determine the time and circumstances of paying benefits to members, to the extent necessary, to preserve the System's status as a qualified plan under federal law. Additionally, this legislation would require the board to discontinue the payment of retirement benefits to any member who returns to the service of a public employer. For the purposes of this legislation, `public employer' means any branch of state government and any state agency, department, board, bureau, or other instrumentality. This term also includes the Board of Regents and any public school system. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor The Senate Retirement Committee offered the following substitute to SB 178: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and death benefits under the Georgia Legislative Retirement System, so as to define a certain term; to broaden a certain provision prohibiting a person receiving a pension under such retirement system from 1450 JOURNAL OF THE SENATE accepting public employment; to provide that the board of trustees of such retirement system shall have the authority to provide for the time and circumstances of paying benefits as necessary to comply with federal law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and death benefits under the Georgia Legislative Retirement System, is amended in Code Section 47-6-80, relating to eligibility and application for a retirement allowance, early retirement, amount of retirement allowance, and increases in retirement allowance, by adding a new subsection to read as follows: "(d.1) The board of trustees is authorized to provide for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a qualified retirement plan for purposes of federal income tax laws and regulations." SECTION 2. Said article is further amended by revising Code Section 47-6-84, relating to termination of retirement allowance upon return to service, retirement benefits for retired members returning to service in the General Assembly, and board of trustees to be notified within 30 days if public employer employs retired plan member, as follows: "47-6-84. (a) As used in this Code section, the term 'public employer' means any branch of state government and any state agency, department, board, bureau, or other instrumentality. This term also includes the Board of Regents of the University System of Georgia and any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof. (a)(b)(1) Except as provided in paragraph (2) of this subsection, if any retired member who has not yet reached normal retirement age returns to the service of the state a public employer in any position, including, without limitation, service directly or indirectly as or for an independent contractor, except as a member of the General Assembly, the member's retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which the member was receiving prior to returning to state service of a public employer. (2) Notwithstanding any other provisions in this chapter to the contrary, the retirement allowance of a retired member who has reached normal retirement age or has not been employed by or rendered service for the state and who returns to the service of the state a public employer in any position, including, without limitation, THURSDAY, MARCH 7, 2013 1451 service directly or indirectly as or for an independent contractor, other than as a member of the General Assembly shall not cease provided that such member performs no more than 1,040 hours of such service in any calendar year. (b)(c)(1) If a retired member returns to service as a member of the General Assembly after the member has reached normal retirement age, the retired member may either continue to receive a retirement benefit while serving as a member of the General Assembly or reestablish active membership in the retirement system. If the election is to reestablish active membership in the retirement system, the member shall have the same creditable service which the member possessed at the time of retirement and shall accumulate additional creditable service so long as such active membership continues. Except as otherwise provided by paragraph (2) of this subsection, a retired member who returns to service in the General Assembly shall make the election provided for in this paragraph within 30 days after taking office. Such election shall be made in writing to the board of trustees and shall be irrevocable. If a retired member returns to service as a member of the General Assembly before the member has reached normal retirement age, the retired member shall reestablish active membership in the retirement system. The member shall have the same creditable service which the member possessed at the time of retirement and shall accumulate additional creditable service so long as such active membership continues. (2) A retired member who returned to service in the General Assembly prior to the existence of the option to reestablish active membership in the retirement system shall have the right to make the election provided for in paragraph (1) of this subsection at any time prior to January 1, 1991. In addition to creditable service provided for in paragraph (1) of this subsection, any such retired member who elects to reestablish active membership in the retirement system may obtain creditable service for service in the General Assembly rendered from the time of returning to service in the General Assembly until the date of reestablishing active membership in the retirement system. In order to obtain such creditable service, the member shall pay to the board of trustees the employee contributions which would have been paid to the retirement system during the period for which such creditable service is claimed, plus regular interest thereon compounded annually from the time the service in the General Assembly was rendered until the date of payment. (c)(1) As used in this subsection, the term 'public employer' means any branch of state government and any state agency, department, board, bureau, or other instrumentality. This term also includes the Board of Regents of the University System of Georgia and any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof. (2)(d) Any public employer that employs a retired plan member shall within 30 days of the employee's accepting employment notify the board of trustees in writing stating the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board may request. Any 1452 JOURNAL OF THE SENATE employer that fails to notify the board of trustees as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and the employer becomes liable to the retirement system, the plan member shall hold the employer harmless for all such liability." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 GREG S. GRIFFIN State Auditor (404) 656-2174 February 25, 2013 The Honorable Fran Millar State Senator Coverdell Legislative Office Building, Room 319-B Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 178 (LC 21 2156S) Dear Senator Millar: This substitute bill would amend provisions relating to retirement benefits paid under the Georgia Legislative Retirement System. If this legislation is enacted, the board of trustees would be authorized to determine the time and circumstances of paying benefits to members, to the extent necessary, to preserve the System's status as a qualified plan under federal law. Additionally, this substitute bill defines the term `public employer' to mean any branch of state government and any state agency, department, board, bureau, or THURSDAY, MARCH 7, 2013 1453 other instrumentality. This term also includes the Board of Regents and any public school system. If this substitute bill is enacted, the board would discontinue the payment of retirement benefits to any member who returns to the service of a `public employer' and works more than 1,040 hours. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Miller Y Mullis N Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone 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 47, nays 3. SB 178, having received the requisite constitutional majority, was passed by substitute. 1454 JOURNAL OF THE SENATE Senator Bethel of the 54th was excused for business outside the Senate Chamber. SB 94. By Senators Millar of the 40th, Unterman of the 45th, Hufstetler of the 52nd and Albers of the 56th: 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: Y Albers Y Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance N Cowsert Y Crane Y Crosby Y Davenport N Davis N Dugan N Fort N Ginn Y Golden Y Gooch N Harbison N Harper N Heath Y Henson N Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler E Jackson, B Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Ligon N Loudermilk N Lucas N McKoon Y Millar Miller N Mullis Y Murphy Y Orrock Y Ramsey Y Seay N Shafer N Sims E Staton N Stone 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 31, nays 18. SB 94, having received the requisite constitutional majority, was passed. Senator Shafer of the 48th moved that the Senate stand in recess until 12:00 midnight, and then adjourn pursuant to HR 548 until 10:00 a.m. Monday, March 11, 2013. At 6:37 p.m. the President announced the motion prevailed. THURSDAY, MARCH 7, 2013 1455 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 197. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Peake of the 141st, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for taxation of land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 211. By Representatives Benton of the 31st, Coleman of the 97th, Dickson of the 6th and Frye of the 118th: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of motor fuel excise tax, so as to exempt public school systems from motor fuel excise taxes under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 512. By Representatives Jasperse of the 11th, Meadows of the 5th, Roberts of the 155th, Ballinger of the 23rd, Powell of the 32nd and others: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to change provisions relating to carrying weapons in unauthorized locations; to change provisions relating to persons exempt from the provisions of Code Sections 16-11-126 through 16-11-127.2; to change legislative findings and provide for preemption for weapons other than firearms; to provide for a cause of action and damages; to amend Title 16, relating to crimes and offenses, and Article 27 of Chapter 2 of Title 20, relating to loitering at or disrupting schools, so as to correct crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes. 1456 JOURNAL OF THE SENATE HB 517. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Tankersley of the 160th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores and other licensees for the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores and other licensees shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; 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 603. By Representatives Dempsey of the 13th, Cooper of the 43rd, Watson of the 166th and Jones of the 53rd: A RESOLUTION directing the Department of Community Health to collect and report certain data relating to bariatric surgical procedures; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 399. By Representatives Knight of the 130th, Hamilton of the 24th, Stephens of the 165th, Kaiser of the 59th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Titles 6 and 48 of the Official Code of Georgia Annotated, relating to aviation and revenue and taxation, respectively, so as to clarify which type of interests in real property may be subject to ad valorem taxation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 536. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 36-15-11 of the Official Code of Georgia Annotated, relating to receipt and disbursement of funds for county law libraries by counties having population of 950,000 or more, so as to repeal and reserve such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 7, 2013 1457 HB 537. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of local board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other elective offices, so as to repeal a population provision prohibiting certain members of county boards of education from holding other offices; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 538. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of health, so as to repeal a provision based upon population relative to the superintendent of the largest municipal school system in certain counties serving on the county board of health ex officio; to repeal conflicting laws; and for other purposes. HB 540. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to repeal an Act to provide in all counties of 500,000 or more population according to the United States Census of 1960 or any future United States Census that the pension board of the board of education in such counties shall recompute the pension paid to those teachers and employees who had retired as a matter of right prior to April 1, 1955, and who had been awarded a basic pension for 20 years of service, approved March 21, 1963 (Ga. L. 1963, p. 2469); 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 184. By Representatives Casas of the 107th, Golick of the 40th, Allison of the 8th, Ehrhart of the 36th and Brockway of the 102nd: 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 1458 JOURNAL OF THE SENATE that meet certain requirements; to provide for fees based on enrollment of students; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 203. By Representatives Hamilton of the 24th and Jasperse of the 11th: A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to protection of American Indian Human Remains and Burial Objects, so as to remove certain information associated with recognized legitimate American Indian Tribes of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 407. By Representatives Powell of the 32nd, Hitchens of the 161st, Atwood of the 179th, Rice of the 95th and Taylor of the 173rd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 539. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions relative to campus police officers, so as to repeal a portion of a definition based upon population classification; 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 150. By Representatives Bruce of the 61st, Pruett of the 149th, Roberts of the 155th, Burns of the 159th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10, Chapter 1 of Title 35, Article 4 of Chapter 18 of Title 50, and Title 51 of the O.C.G.A., relating to selling and other trade practices, general provisions for law THURSDAY, MARCH 7, 2013 1459 HB 189. HB 494. HB 499. enforcement officers and agencies, inspection of public records, and torts, respectively, so as to enact provisions relating to the reproduction of arrest booking photographs; to require law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to prohibit the use of an individual's persona for commercial purposes without authorization; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Buckner of the 137th, Stephens of the 164th, Jackson of the 128th, Epps of the 144th, Williams of the 168th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation 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, historic sites, or recreational areas located within the area of the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Welch of the 110th, Cheokas of the 138th and Pruett of the 149th: 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 provide for the installation of safety markers on utility lines to provide for adequate visual warning in the use of private airstrips; to provide for definitions; to provide for the powers, authority, and duties of the Department of Transportation; to provide for a schedule of installation fees; to impose a penalty; to provide an appeal process; to provide for the promulgation of rules and regulations by the department; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representatives Sheldon of the 104th, Lindsey of the 54th, Welch of the 110th, Williamson of the 115th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide that payor guidelines and criteria under federal law shall not establish a legal basis for negligence or a standard of care for medical malpractice; to provide for related matters; to repeal conflicting laws; and for other purposes. 1460 JOURNAL OF THE SENATE Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 73. By Representatives Hugley of the 136th, Buckner of the 137th and Smyre of the 135th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. MONDAY, MARCH 11, 2013 1461 Senate Chamber, Atlanta, Georgia Monday, March 11, 2013 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 Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 249. By Senator Beach of the 21st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide for the election of councilmembers from wards; to provide that such officers shall be elected by plurality vote of the electors of the city at large; 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. SR 499. By Senators Lucas of the 26th, Tolleson of the 20th, Ramsey, Sr. of the 43rd, Davenport of the 44th, Henson of the 41st and others: A RESOLUTION creating the Senate Free Hunting and Fishing Licenses for Veterans Study Committee; and for other purposes. Referred to the Rules Committee. SR 502. By Senators Jackson of the 2nd, Jones of the 10th and Orrock of the 36th: A RESOLUTION recognizing the potential of wind energy and encouraging local governments to take the steps necessary to create an open dialogue with local stakeholders and potential wind energy developers in order to inform the 1462 JOURNAL OF THE SENATE public and maximize the potential for implementation of available wind resources; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 506. By Senators Ligon, Jr. of the 3rd and Carter of the 1st: A RESOLUTION requesting that the Environmental Protection Agency take necessary action for the immediate removal and proper disposal of the Caustic Brine Pool at the Linden Chemical and Paint site in Glynn County, Georgia; 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 78. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Abrams of the 89th, Cooper of the 43rd and others: A BILL to be entitled an Act to amend Title 16, Code Section 24-13-130, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the O.C.G.A., relating to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit exploitation of disabled adults, elder persons, and residents; to move relevant criminal penalties from Title 30 into Title 16; to amend Code Section 17-17-3, Title 31, Chapter 3 of Title 35, and Code Sections 42-8-63.1 and 49-2-14.1 of the O.C.G.A., so as to provide for conforming crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. HB 132. By Representatives Hawkins of the 27th, Rogers of the 29th, Watson of the 166th, Channell of the 120th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 and Chapter 11 of Title 43 of the O.C.G.A., relating to pharmacists and pharmacies and dentists, dental hygienists, and dental assistants, respectively, so as to provide that the Georgia State Board of Pharmacy and the Georgia Board of Dentistry are transferred from being administratively attached from the Secretary of State to the Department of Community Health; to provide for the powers and duties of MONDAY, MARCH 11, 2013 1463 each board; to authorize each board to employ an executive director; to provide for the powers and duties of such executive directors; to provide for additional powers of the Georgia Drugs and Narcotics Agency; to provide for a census of dentists and dental hygienists; to revise provisions relating to qualifications of applicants to practice dentistry; to provide for notice of felonies by licensees; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 150. By Representatives Bruce of the 61st, Pruett of the 149th, Roberts of the 155th, Burns of the 159th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10, Chapter 1 of Title 35, Article 4 of Chapter 18 of Title 50, and Title 51 of the O.C.G.A., relating to selling and other trade practices, general provisions for law enforcement officers and agencies, inspection of public records, and torts, respectively, so as to enact provisions relating to the reproduction of arrest booking photographs; to require law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to prohibit the use of an individual's persona for commercial purposes without authorization; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. HB 184. By Representatives Casas of the 107th, Golick of the 40th, Allison of the 8th, Ehrhart of the 36th and Brockway of the 102nd: 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 fees based on enrollment of students; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 189. By Representatives Buckner of the 137th, Stephens of the 164th, Jackson of the 128th, Epps of the 144th, Williams of the 168th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, 1464 JOURNAL OF THE SENATE memorials, and recreation 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, historic sites, or recreational areas located within the area of the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 197. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Peake of the 141st, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for taxation of land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 203. By Representatives Hamilton of the 24th and Jasperse of the 11th: A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to protection of American Indian Human Remains and Burial Objects, so as to remove certain information associated with recognized legitimate American Indian Tribes of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 211. By Representatives Benton of the 31st, Coleman of the 97th, Dickson of the 6th and Frye of the 118th: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of motor fuel excise tax, so as to exempt public school systems from motor fuel excise taxes under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. MONDAY, MARCH 11, 2013 1465 HB 238. By Representatives Maxwell of the 17th, Battles of the 15th, Coleman of the 97th, Benton of the 31st, Riley of the 50th and others: A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Public School Employees Retirement System, so as to clarify certain provisions relating to a limitation on the maximum level of retirement benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 240. By Representatives Carson of the 46th, Holt of the 112th, Black of the 174th and Evans of the 42nd: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require Medicaid and PeachCare for Kids reimbursement for certain speech-language pathology services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 371. By Representatives Harbin of the 122nd, Parsons of the 44th, Peake of the 141st, Harrell of the 106th and Williamson of the 115th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to define liquefied natural gas for motor fuel tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 1466 JOURNAL OF THE SENATE HB 372. By Representatives Coomer of the 14th, Evans of the 42nd, Carter of the 175th, Nimmer of the 178th, Hatchett of the 150th 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 revise eligibility for a HOPE grant at a technical college or university institution; to revise a provision relating to the submission of an annual request for funding for the Technical College System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 382. By Representatives Powell of the 171st, Lindsey of the 54th, Ehrhart of the 36th, Allison of the 8th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions 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 Judiciary Committee. HB 399. By Representatives Knight of the 130th, Hamilton of the 24th, Stephens of the 165th, Kaiser of the 59th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Titles 6 and 48 of the Official Code of Georgia Annotated, relating to aviation and revenue and taxation, respectively, so as to clarify which type of interests in real property may be subject to ad valorem taxation; 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 402. By Representatives Stephens of the 164th and Spencer of the 180th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to revise various provisions relative to shore protection and coastal marshlands protection; to revise and add definitions; to establish authority and powers of the Department of Natural Resources; to revise MONDAY, MARCH 11, 2013 1467 provisions relating to permit activities and procedures; to repeal provisions relating to local shore assistance programs; to provide for marine contractor licenses; to repeal provisions relating to the leasing of state-owned marshland or water bottoms; to provide for applicability; to strike obsolete language and correct cross-references; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 407. By Representatives Powell of the 32nd, Hitchens of the 161st, Atwood of the 179th, Rice of the 95th and Taylor of the 173rd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; 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 434. By Representatives Weldon of the 3rd, Willard of the 51st and Jacobs of the 80th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due and interest on such amount; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 454. By Representatives Martin of the 49th, Lindsey of the 54th and Abrams of the 89th: A BILL to be entitled an Act to amend Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the contents and form of the budget report, so as to require certain items to be included in the tax expenditure review; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. 1468 JOURNAL OF THE SENATE HB 458. By Representatives Atwood of the 179th, Williams of the 119th, Smith of the 134th, Weldon of the 3rd, Peake of the 141st and others: A BILL to be entitled an Act to amend Code Section 44-3-94 of the Official Code of Georgia Annotated, relating to damage or destruction of units, restoration, vote not to restore, and allocation of insurance deductible, so as to change the maximum allowable casualty insurance deductible imposed by condominium associations; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 473. By Representatives Welch of the 110th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and municipal corporations, so as to add the option of fiscal year contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 486. By Representatives Roberts of the 155th, Nimmer of the 178th, Burns of the 159th, Watson of the 172nd, Shaw of the 176th 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. MONDAY, MARCH 11, 2013 1469 HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 494. By Representatives Welch of the 110th, Cheokas of the 138th and Pruett of the 149th: 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 provide for the installation of safety markers on utility lines to provide for adequate visual warning in the use of private airstrips; to provide for definitions; to provide for the powers, authority, and duties of the Department of Transportation; to provide for a schedule of installation fees; to impose a penalty; to provide an appeal process; to provide for the promulgation of rules and regulations by the department; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 497. By Representatives Tanner of the 9th, Rogers of the 29th, Hamilton of the 24th, Burns of the 159th and Hawkins of the 27th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to revise provisions regarding the numbering and registration of vessels; to revise application procedures and expiration provisions; to revise a provision regarding exclusions and exemptions; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 499. By Representatives Sheldon of the 104th, Lindsey of the 54th, Welch of the 110th, Williamson of the 115th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to 1470 JOURNAL OF THE SENATE provide that payor guidelines and criteria under federal law shall not establish a legal basis for negligence or a standard of care for medical malpractice; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 506. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th and Pezold of the 133rd: A BILL to be entitled an Act to amend a general Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for terms of office; to provide for filling vacancies in such office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 511. By Representatives Dempsey of the 13th, Watson of the 166th, Cooper of the 43rd, Sims of the 123rd, Clark of the 101st and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for a pilot program to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions; to provide for eligibility; to provide for requirements; to provide for a review panel; to provide for an evaluation report on the pilot program; 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 512. By Representatives Jasperse of the 11th, Meadows of the 5th, Roberts of the 155th, Ballinger of the 23rd, Powell of the 32nd and others: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to change provisions relating to carrying weapons in unauthorized locations; to change provisions relating to persons exempt from the provisions of Code Sections 16-11-126 through 16-11-127.2; to change legislative findings and provide for preemption for weapons other than firearms; to provide for a cause of action and damages; to amend Title 16, relating to crimes and offenses, and MONDAY, MARCH 11, 2013 1471 Article 27 of Chapter 2 of Title 20, relating to loitering at or disrupting schools, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Non-Civil Committee. HB 513. By Representative Houston of the 170th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to abolish the Georgia Medical Center Authority; 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 517. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Tankersley of the 160th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores and other licensees for the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores and other licensees shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 536. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 36-15-11 of the Official Code of Georgia Annotated, relating to receipt and disbursement of funds for county law libraries by counties having population of 950,000 or more, so as to repeal and reserve such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 537. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of local board of education 1472 JOURNAL OF THE SENATE members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other elective offices, so as to repeal a population provision prohibiting certain members of county boards of education from holding other offices; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 538. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of health, so as to repeal a provision based upon population relative to the superintendent of the largest municipal school system in certain counties serving on the county board of health ex officio; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 539. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions relative to campus police officers, so as to repeal a portion of a definition based upon population classification; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 540. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to repeal an Act to provide in all counties of 500,000 or more population according to the United States Census of 1960 or any future United States Census that the pension board of the board of education in such counties shall recompute the pension paid to those teachers and employees who had retired as a matter of right prior to April 1, 1955, and who had been awarded a basic pension for 20 years of service, approved March 21, 1963 (Ga. L. 1963, p. 2469); to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. MONDAY, MARCH 11, 2013 1473 HR 73. By Representatives Hugley of the 136th, Buckner of the 137th and Smyre of the 135th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. Referred to the Appropriations Committee. HR 107. By Representatives Sheldon of the 104th, Rynders of the 152nd, Channell of the 120th, Parrish of the 158th, Cooper of the 43rd and others: A RESOLUTION creating the Joint Study Committee on Medicaid Reform; and for other purposes. Referred to the Rules Committee. HR 603. By Representatives Dempsey of the 13th, Cooper of the 43rd, Watson of the 166th and Jones of the 53rd: A RESOLUTION directing the Department of Community Health to collect and report certain data relating to bariatric surgical procedures; and for other purposes. Referred to the Health and Human Services 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 508 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman 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 Jeffares of the 17th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. 1474 JOURNAL OF THE SENATE Senator Miller of the 49th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused. Senator Miller of the 49th asked unanimous consent that Senator Bethel of the 54th be excused. The consent was granted, and Senator Bethel was excused. Senator Staton of the 18th asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. Senator Carter of the 42nd asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused. The following Senators were excused for business outside the Senate Chamber: Harbison of the 15th Thompson of the 33rd The roll was called and the following Senators answered to their names: Albers Beach Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harper Heath Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Seay Shafer Sims Staton Stone Tate Thompson, C Tolleson Unterman Wilkinson Not answering were Senators: Balfour (Excused) Henson (Excused) Thompson, S. (Excused) Bethel (Excused) Orrock Tippins (Excused) Harbison (Excused) Ramsey (Excused) Williams (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. MONDAY, MARCH 11, 2013 1475 Senator Davenport of the 44th introduced the chaplain of the day, Reverend Anthony McMichael of Atlanta, Georgia, who offered scripture reading and prayer. Senator James of the 35th recognized Federal Minister of Tourism Akua Sena Dansua of Ghana. Honorable Akua Sena Dansua addressed the Senate briefly. Senator Murphy of the 27th introduced the doctor of the day, Dr. Matthew J. Watson. The following resolutions were read and adopted: SR 452. By Senator Tippins of the 37th: A RESOLUTION recognizing March 19, 2013, as Multi-Agency Alliance for Children Day at the capitol; and for other purposes. SR 453. By Senators Carter of the 42nd, James of the 35th, Butler of the 55th, Seay of the 34th, Fort of the 39th and others: A RESOLUTION recognizing the month of April, 2013, as Genocide Prevention and Awareness Month at the capitol; and for other purposes. SR 454. By Senator James of the 35th: A RESOLUTION recognizing and commending the Zero Waste Georgia Campaign and its efforts to create a safer, more sustainable environment and recognizing March 28, 2013, as a celebration of the campaign; and for other purposes. SR 455. By Senators Davenport of the 44th, Seay of the 34th, James of the 35th, Fort of the 39th and Jones of the 10th: A RESOLUTION recognizing and commending the Clayton County Black Ministers Fellowship; and for other purposes. SR 456. By Senators James of the 35th, Jones of the 10th, Orrock of the 36th, Fort of the 39th, Jackson of the 2nd and others: A RESOLUTION recognizing and commending Dottie Peoples for her outstanding accomplishments and on her Lifetime Achievement award from the Allstate Gospel Superfest; and for other purposes. 1476 JOURNAL OF THE SENATE SR 457. By Senators James of the 35th, Jones of the 10th, Orrock of the 36th, Fort of the 39th, Jackson of the 2nd and others: A RESOLUTION recognizing and commending Lady Tramaine Hawkins upon winning the Allstate Gospel Superfest's Lifetime Achievement Award; and for other purposes. SR 458. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION honoring the second pastoral anniversary of Reverend Donavon O. Coley; and for other purposes. SR 459. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Lamont Sheffield, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 460. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Jennifer Sappington, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 461. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Josiah Sumbry, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 462. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Annette Williams, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 463. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Sonya Allen, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. MONDAY, MARCH 11, 2013 1477 SR 464. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Brenda Howell, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 465. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Rachael DuBois, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 466. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Rosie Reynolds, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 467. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Lela Snead, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 468. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Rachel Wilson, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 469. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Hanna Williams, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 470. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Amber Hurley, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. 1478 JOURNAL OF THE SENATE SR 471. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Blair Tucker, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 472. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Lindsey Barker, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 473. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Jennifer Bray, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 474. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Gabrielle Bryant, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 475. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Teresea Marvets, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 476. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Brian Hale, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 477. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Piper Hudmon, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. MONDAY, MARCH 11, 2013 1479 SR 478. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Rodolfo Perez, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 479. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Benjamin Foust, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 480. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Jeffery Jones, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 481. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Candace Burkhalter, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 482. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Jennifer Langford, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 483. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Theresa Price, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 484. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Vanessa Caldwell, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. 1480 JOURNAL OF THE SENATE SR 485. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Maris Walls, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 486. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Christy Grigsby, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 487. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Sherrie Meadows, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 488. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Nancy Willis, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 489. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Natasha Anderson, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 490. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Deborah Robertson, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 491. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Ronda Allen, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. MONDAY, MARCH 11, 2013 1481 SR 492. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending James Brooks, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 493. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Kathryn Stein Kemp, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 494. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Kim Lester, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 495. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Nicholas Goff, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 496. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Amy Griffis, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 497. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Lynda Kannady, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 498. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Les Cole, nominee for 2013 Muscogee County School District Teacher of the Year; and for other purposes. SR 500. By Senators Heath of the 31st and Dugan of the 30th: A RESOLUTION recognizing and commending Nicole Kennard on winning the 2013 Paulding County GOP Young Scholar Award; and for other purposes. 1482 JOURNAL OF THE SENATE SR 501. By Senators Jackson of the 2nd, Jones of the 10th and Ramsey, Sr. of the 43rd: A RESOLUTION honoring the life and memory of Mr. Johnnie Paul Jones, Sr.; and for other purposes. SR 503. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Colonel Mitchel H. Butikofer on his outstanding achievements; and for other purposes. SR 504. By Senator Tolleson of the 20th: A RESOLUTION recognizing March 11, 2013, as World Plumbing Day; and for other purposes. SR 505. By Senator Millar of the 40th: A RESOLUTION recognizing and commending Assistance League of Atlanta on the occasion of their 31st anniversary; and for other purposes. SR 507. By Senators Ligon, Jr. of the 3rd and Carter of the 1st: A RESOLUTION recognizing and honoring the 35th anniversary of Naval Submarine Base Kings Bay; and for other purposes. SR 508. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of Mr. John "Jack" Murray Considine, Sr.; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday March 11, 2013 Thirty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 508 Ligon, Jr. of the 3rd Harper of the 7th CHARLTON COUNTY BOARD OF EDUCATION A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Charlton County, MONDAY, MARCH 11, 2013 1483 approved April 17, 1975 (Ga. L. 1975, p. 3952), as amended, so as to change the provisions relating to the compensation of the members of the board; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C E Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. HB 101 HB 198 SENATE RULES CALENDAR MONDAY, MARCH 11, 2013 THIRTY-FIRST LEGISLATIVE DAY Nonprofit organizations; exclude certain events from "food service establishment" definition (Substitute)(AG&CA-50th) Epps-144th Patient Protection and Affordable Care Act; licensing of health insurance navigators; provide (Substitute)(I&L-8th) Smith-134th 1484 JOURNAL OF THE SENATE HB 202 Highways, bridges, and ferries; performing value engineering studies; provide requirements (Substitute)(TRANS-51st) Epps-144th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 101. By Representatives Epps of the 144th, McCall of the 33rd, Jasperse of the 11th, Holmes of the 129th, Harden of the 148th and others: A BILL to be entitled an Act to amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Code Section 262-391 of the Official Code of Georgia Annotated, relating to permits for nonprofit food sales and food service at events, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wilkinson of the 50th. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 101: A BILL TO BE ENTITLED AN ACT To amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Article 14 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to nonprofit food sales and food service, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to provide for protection for property owners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, is amended as follows: MONDAY, MARCH 11, 2013 1485 "26-2-370. As used in this article, the term: (1) 'Food nutrition information' means the content of food including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content. (2) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. This term shall not include a 'food sales establishment,' as defined in Code Section 26-2-21, except as stated in this definition. The food service component of any food sales establishment defined in Code Section 26-2-21 shall not be included in this definition. This term shall not include any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival an event 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) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; (B)(C) Lasts 120 hours or less; and (C)(D) 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. (3) 'Person' or 'persons' means any individual, firm, partnership, corporation, trustee, or association, or combination thereof." SECTION 2. Article 14 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to nonprofit food sales and food service, is amended by revising Code Section 26-2-391, relating to permits for nonprofit food sales and food service at events, as follows: "26-2-391. A county or municipality shall be authorized to issue permits for the operation of nonprofit food sales and food service at events sponsored by the county, municipality, 1486 JOURNAL OF THE SENATE or an organization; provided, however, that the county or municipality may delegate the authority to issue such permits to the county board of health. For any permit issued pursuant to this Code section to be valid, the event must be held on property belonging to the sponsoring county, municipality, or organization or on the property of a party that has provided written consent for use of such property for such event. A permit shall be valid for a period of 120 hours or less and another permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit. No fees shall be charged to an organization for the issuance of any such permit by a county or municipality." SECTION 3. Said article is further amended in Code Section 26-2-393, relating to enforcement of nonprofit food sales and food service provisions, by revising subsection (a) as follows: "(a) The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article; provided, however, no adverse action against an organization may be taken by a county or municipality or any agent of a county or municipality, including a denial of a permit or revocation of a permit, or citation for violation of this article, without the written approval of such action by the district health director and any party whose property is used for the operation of a nonprofit food sales or food service event without such party's written authorization may seek legal and equitable remedies including, but not limited to, damages and injunctive relief against unauthorized users." 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 E Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance E Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton MONDAY, MARCH 11, 2013 1487 Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Stone Y Tate Y Thompson, C E Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 101, having received the requisite constitutional majority, was passed by substitute. HB 198. By Representatives Smith of the 134th, Meadows of the 5th, Maxwell of the 17th, Shaw of the 176th, Abrams of the 89th 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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Golden of the 8th. The Senate Committee on Insurance and Labor offered the following substitute to HB 198: 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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. 1488 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new article to read as follows: "ARTICLE 3 33-23-200. The General Assembly finds that the provisions of the federal Patient Protection and Affordable Care Act may cause the formation of health insurance exchanges operating in Georgia under federal law and employing navigators or navigator entities whose role will be to direct individuals and companies to health insurance policies. The General Assembly further finds that licensing and regulation of such navigators or navigator entities to ensure that they are trained and knowledgeable in the subject matter of individual and group health insurance plans and insurance coverage is necessary to avoid substantial risk to the health, safety, and welfare of the residents of this state. 33-23-201. As used in this article, the term: (1) 'Exchange' means a state, federal, or partnership exchange or marketplace operating in Georgia pursuant to Section 1311 of the federal act. (2) 'Federal act' means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and regulations or guidance issued under those acts. (3) 'Navigator' means an individual, including assistors, application counselors, or other persons, authorized pursuant to the federal act to provide insurance advice and guidance to uninsured individuals and groups seeking health insurance coverage. For the purposes of this article, if an organization or business entity serves as a navigator, an individual performing navigator duties for that organization or business entity shall be considered to be acting in the capacity of a navigator. (4) 'Patient navigator' means an individual who offers assistance to patients, families, and caregivers to help overcome health care system barriers and to facilitate timely access to quality medical and psychosocial care as defined by the health care community he or she serves. 33-23-202. (a) No navigator shall provide advice, guidance, or other assistance with regard to health benefit plans as a navigator under the provisions of the federal act unless licensed in accordance with this article. (b) The Commissioner shall not issue a license to any applicant who does not meet or conform to the following qualifications or requirements: MONDAY, MARCH 11, 2013 1489 (1) The applicant shall establish to the satisfaction of the Commissioner that he or she has the background, experience, knowledge, and competency in the subject matter that will enable him or her to deliver accurate information and advice to individuals and groups in this state seeking to obtain health insurance coverage under the provisions of the federal act; (2) The applicant shall have successfully completed not less than 35 hours of instruction in health benefit insurance, the exchange provisions of the federal act, the medical assistance program provided for by Article 7 of Chapter 4 of Title 49, and the PeachCare for Kids Program provided for by Article 13 of Chapter 5 of Title 49 satisfactory to the Commissioner through a training program approved by the Commissioner; (3) The applicant shall pass such examination as shall be required by the Commissioner unless such applicant is exempted by the Commissioner based on the applicant's experience and qualifications and pursuant to regulations adopted by the Commissioner; (4) An applicant shall be not less than 18 years of age and of good moral character and must submit in a form approved by the Commissioner such information, including without limitation criminal history and regulatory background information, as the Commissioner may require; and (5) An applicant for a renewal license shall have completed continuing education classes approved by the Commissioner. 33-23-203. (a) Violation of any provision of this title or the federal act, including any act or omission that would be a ground for denial, suspension, or revocation of the license of an agent as defined in Article 1 of this chapter, shall be a ground for denial, suspension, or revocation of a license under this article. (b) No navigators shall solicit any person or business that is currently insured under an existing health benefit plan. (c) No navigator shall receive any commission, compensation, or anything of value from any insurer, health benefit plan, business, or consumer for providing advice or services specifically authorized to be provided as a navigator pursuant to the provisions of the federal act. Navigators shall be compensated for advice or services rendered pursuant to the provisions of the federal act only as provided for by the federal act. (d) Navigators shall provide factually accurate information to uninsured persons and businesses regarding the availability of premium tax credits under Section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under Section 1402 of the federal act. (e) Notwithstanding any other provision of law, licensing as a navigator pursuant to the provisions of this article shall not constitute licensing as an agent or administrator as defined in Articles 1 and 2 of this chapter. No person providing advice or services as a navigator under the provisions of the federal act shall be compensated for such advice or services as the holder of a license issued pursuant to Article 1 or 2 of this chapter; 1490 JOURNAL OF THE SENATE provided, however, that the provisions of this subsection shall not prohibit the holder of a license issued pursuant to such articles from being compensated for advice or services rendered as such a licensee and not as a navigator. Navigators licensed pursuant to the provisions of this article shall not, except as specifically authorized by the provisions of the federal act: (1) Engage in any activities that would require licensing pursuant to the provisions of Article 1 or 2 of this chapter unless licensed thereunder; (2) Provide advice concerning the benefits, terms, and features of a particular health benefit plan or offer advice about which health benefit plan is better or worse for a particular individual or business, except in the capacity of a licensee pursuant to the provisions of Article 1 or 2 of this chapter; or (3) Recommend a particular health benefit plan or advise individuals or businesses about which health benefit plan to choose, except in the capacity of a licensee pursuant to the provisions of Article 1 or 2 of this chapter. 33-23-204. The Commissioner shall be authorized to adopt rules and regulations to effect the implementation of this article. 33-23-205. The provisions of this article shall not apply to patient navigators as defined in paragraph (4) of Code Section 33-23-201." SECTION 2. The provisions of this Act shall become applicable only upon the notification by the federal Department of Health and Human Services or other responsible federal agency or official to the Governor, the Commissioner of Insurance, or other responsible agency or official of the State of Georgia that a health insurance exchange has been created or approved to operate within the State of Georgia pursuant to the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments thereto, or regulations or guidance issued under those acts, or upon the initiation of operation of any such exchange within the State of Georgia. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Davis of the 22nd, Carter of the 42nd and Fort of the 39th offered the following amendment #1: Amend the committee substitute to HB 198 (LC 37 1596S) by deleting lines 43 through 47 and redesignating paragraphs (2) through (5) on lines 48 through 61 as paragraphs (1) through (4), respectively. MONDAY, MARCH 11, 2013 1491 On the adoption of the amendment, the President asked unanimous consent. Senator Staton of the 18th objected. On the adoption of the amendment, Senator Davis of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers E Balfour N Beach N Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis N Dugan Y Fort N Ginn N Golden N Gooch E Harbison N Harper N Heath E Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E N Ligon N Loudermilk Y Lucas N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Ramsey Y Seay N Shafer Y Sims N Staton N Stone Y Tate Y Thompson, C Y Thompson, S E Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 16, nays 36, and the Davis, 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 E Balfour Y Beach Y Bethel Y Burke E Harbison Y Harper Y Heath E Henson Y Hill, H Y Miller Y Mullis Y Murphy Y Orrock N Ramsey 1492 JOURNAL OF THE SENATE N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk N Lucas N McKoon Y Millar Y Seay Y Shafer N Sims Y Staton Y Stone 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 37, nays 15. HB 198, having received the requisite constitutional majority, was passed by substitute. HB 202. By Representatives Epps of the 144th, Roberts of the 155th and Shaw of the 176th: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. The Senate Transportation Committee offered the following substitute to HB 202: A BILL TO BE ENTITLED AN ACT To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 11, 2013 1493 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising subsection (d) of Code Section 32-2-41.2, relating to the development of benchmarks, reports, and value engineering studies by the Department of Transportation, to read as follows: "(d) Value engineering studies shall be performed on all projects whose costs exceed $10 $50 million, except for any project procured in accordance with Code Sections 322-79, 32-2-80, and 32-2-81, and the director shall submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department." SECTION 2. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 32-5-30, relating to the allocation of state and federal funds, budgeting periods, and reduction of funds, to read as follows: "(a)(1) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any federal funds specifically designated for projects that have been earmarked by a member of Congress in excess of appropriated funds, shall be budgeted by the department over two successive budgeting periods every decade. However, such budgeting shall not include: (A) Any federal funds specifically designated for projects that have been earmarked by a member of Congress in excess of appropriated funds; (B) Any funds for a project undertaken for purposes of providing for the planning, surveying, constructing, paving, and improving of The Dwight D. Eisenhower System of Interstate and Defense Highways within the state; or (C) Any funds for a project undertaken for purposes of providing for the planning, surveying, constructing, paving, and improving of any part of the state designated freight corridor, when such designation is made by the director of planning with approval from a majority of 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. 1494 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers E Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper N Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 48, nays 3. HB 202, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 12, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:52 a.m. TUESDAY, MARCH 12, 2013 1495 Senate Chamber, Atlanta, Georgia Tuesday, March 12, 2013 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 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 and Senate: HB 522. By Representatives Rutledge of the 109th, Douglas of the 78th, Scott of the 76th, Stephenson of the 90th and Knight of the 130th: A BILL to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the name of the authority; to change the provisions relating to powers of the authority; to establish the power of the authority to implement programs and regulations for water quality protection, watershed protection, and water conservation; to establish the power of the authority to enter into intergovernmental agreements with respect to water and sewer services; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 525. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th: A BILL to be entitled an Act to authorize the governing authority of the City of Statesboro to increase the excise tax levied 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. 1496 JOURNAL OF THE SENATE HB 529. HB 534. HB 543. HB 544. SB 199. By Representative Harden of the 148th: A BILL to be entitled an Act to authorize the governing authority of the City of Cordele to increase the excise tax levied pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Houston of the 170th, Roberts of the 155th and Watson of the 172nd: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278), so as to change the amount of the homestead exemption for residents aged 65 or older; to repeal conflicting laws; and for other purposes. By Representatives Gravley of the 67th, Bruce of the 61st, Jones of the 62nd and Hightower of the 68th: A BILL to be entitled an Act to authorize the governing authority of Douglas County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Turner of the 21st, Carson of the 46th, Hill of the 22nd and Caldwell of the 20th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide that candidates for the board of commissioners shall have resided within the respective district from which they seek election for a period of at least 12 months immediately preceding their election; to provide for related matters; to provide contingent effective dates; to repeal conflicting laws; and for other purposes. By Senator Stone of the 23rd: 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 TUESDAY, MARCH 12, 2013 1497 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. The following Senate legislation was introduced, read the first time and referred to committee: SR 510. By Senator Hill of the 32nd: A RESOLUTION creating the Senate Automobile Insurance Verification and Enforcement Study Committee; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 522. By Representatives Rutledge of the 109th, Douglas of the 78th, Scott of the 76th, Stephenson of the 90th and Knight of the 130th: A BILL to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the name of the authority; to change the provisions relating to powers of the authority; to establish the power of the authority to implement programs and regulations for water quality protection, watershed protection, and water conservation; to establish the power of the authority to enter into intergovernmental agreements with respect to water and sewer services; 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 State and Local Governmental Operations Committee. HB 525. By Representatives Tankersley of the 160th, Parrish of the 158th and Burns of the 159th: A BILL to be entitled an Act to authorize the governing authority of the City of Statesboro to increase the excise tax levied pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1498 JOURNAL OF THE SENATE HB 529. By Representative Harden of the 148th: A BILL to be entitled an Act to authorize the governing authority of the City of Cordele to increase the excise tax levied pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 534. By Representatives Houston of the 170th, Roberts of the 155th and Watson of the 172nd: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278), so as to change the amount of the homestead exemption for residents aged 65 or older; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 543. By Representatives Gravley of the 67th, Bruce of the 61st, Jones of the 62nd and Hightower of the 68th: A BILL to be entitled an Act to authorize the governing authority of Douglas 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 544. By Representatives Turner of the 21st, Carson of the 46th, Hill of the 22nd and Caldwell of the 20th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide that candidates for the board of commissioners shall have resided within the respective district from which they seek election for a period of at least 12 months immediately preceding their election; to provide for related matters; to provide contingent effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, MARCH 12, 2013 1499 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 338 Do Pass Respectfully submitted, Senator Ginn of the 47th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 3 HB 79 HB 451 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 99 Do Pass HB 188 Do Pass HB 124 Do Pass HB 487 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 1500 JOURNAL OF THE SENATE HB 353 HB 431 Do Pass by substitute Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman Senator McKoon of the 29th asked unanimous consent that Senator Jones of the 25th be excused. The consent was granted, and Senator Jones was excused. Senator McKoon of the 29th asked unanimous consent that Senator Hill of the 6th be excused. The consent was granted, and Senator Hill was excused. Senator Wilkinson of the 50th asked unanimous consent that Senator Gooch of the 51st be excused. The consent was granted, and Senator Gooch was excused. Senator Bethel of the 54th asked unanimous consent that Senator Harper of the 7th be excused. The consent was granted, and Senator Harper was excused. Senator Jackson of the 2nd asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Crosby of the 13th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Davenport Davis Dugan Fort Ginn Golden Harbison Heath Henson Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L Jeffares Jones, E Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Seay Shafer Sims Staton Stone Tate Thompson, S Tolleson Unterman Wilkinson Williams TUESDAY, MARCH 12, 2013 1501 Not answering were Senators: Crosby (Excused) Hill, H. (Excused) Lucas Tippins Gooch (Excused) James Ramsey (Excused) Harper (Excused) Jones, B. (Excused) Thompson, C. 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 Jentzen Franklin of Gainesville, Georgia, who offered scripture reading and prayer. Senator Balfour of the 9th introduced the doctor of the day, Dr. Snehal Dalal. The following resolutions were read and adopted: SR 509. By Senators Tippins of the 37th, Hill of the 6th, Hill of the 32nd and Loudermilk of the 14th: A RESOLUTION recognizing Kennesaw State University and commending KSU on the commencement of its football program; and for other purposes. SR 511. By Senators Jeffares of the 17th, Jones of the 10th and Davenport of the 44th: A RESOLUTION recognizing and commending Clayton State University student Marcus Bartlett; and for other purposes. SR 512. By Senators Staton of the 18th, Shafer of the 48th, Carter of the 1st, Chance of the 16th, Crosby of the 13th and others: A RESOLUTION commending Habitat for Humanity and recognizing March 20, 2013, as "Habitat for Humanity Day" at the state capitol; and for other purposes. SR 513. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending the Heritage High School Junior Varsity Dance Team; and for other purposes. SR 514. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending the Heritage High School Five Star Dance Team; and for other purposes. 1502 JOURNAL OF THE SENATE SR 515. By Senators Loudermilk of the 14th, Heath of the 31st and Hill of the 32nd: A RESOLUTION honoring and commending Colonel Tonya R. Boylan, CAP, for her honorable and astute service to the people of Georgia; and for other purposes. SR 516. By Senators Hufstetler of the 52nd and Loudermilk of the 14th: A RESOLUTION recognizing and commending J. Daniel Hanks on his outstanding accomplishments; and for other purposes. SR 517. By Senators Hufstetler of the 52nd and Bethel of the 54th: A RESOLUTION recognizing and commending Chase Henrick Jackson; and for other purposes. SR 518. By Senator Wilkinson of the 50th: A RESOLUTION recognizing and commending Kalie Hall for being elected as the 2012-2013 National Future Farmers of America officer team secretary; and for other purposes. SR 519. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Katie Garner, East Jackson Elementary School's Teacher of the Year; and for other purposes. SR 520. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Michelle Kitchens, Gum Springs Elementary School's Teacher of the Year; and for other purposes. SR 521. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Melinda Thomas, North Jackson Elementary School's Teacher of the Year; and for other purposes SR 522. By Senator Wilkinson of the 50th: A RESOLUTION honoring the life and memory of Mr. John David McCall; and for other purposes. TUESDAY, MARCH 12, 2013 1503 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 12, 2013 Thirty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 353 Mullis of the 53rd TOWN OF TRION A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE HB 431 Staton of the 18th CITY OF CULLODEN A BILL to be entitled an Act to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 4086), and an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), so as to provide for elections and terms of members of the city council; to change the election of councilmembers from district to at-large; 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 substitute to the following bill was put upon its adoption: *HB 353: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 353: 1504 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), is amended by revising Section 2.21 as follows: "SECTION 2.21. Quorum; voting. 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 a majority of the councilmembers present at a meeting in which a quorum is present shall be required for the adoption of any ordinance, resolution, or motion; provided, however, that, in the event of a tie between councilmembers, the mayor may vote and cast the deciding vote for the adoption of the ordinance, resolution, or motion being considered." SECTION 2. Said Act is further amended by adding a new section to read as follows: "SECTION 7.00. Independent school system. The town council shall have the right and power to continue in existence its independent school system and shall have the power to levy taxes for the operation of such school system. Subject to the taxing authority of the town council, the school board shall regulate, supervise, and maintain such school system and may contract in any lawful way deemed advisable by such school board for the operation, maintenance, and improvement of such public school system." TUESDAY, MARCH 12, 2013 1505 SECTION 3. Said Act is further amended by adding a new paragraph to Section 7.10 to read as follows: "(h) Except where authorized by law, neither the school superintendent nor any member of the board of education shall hold any other elective or appointive office in the town. In addition, no former school superintendent and no former member of the board of education shall hold any appointive office in the town until one year after the expiration of the term for which that official was elected or serving." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane E Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden E Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Wilkinson Y Williams On the passage of the local bills, the yeas were 49, nays 0. 1506 JOURNAL OF THE SENATE HB 431, having received the requisite constitutional majority, was passed. HB 353, having received the requisite constitutional majority, was passed by substitute. SENATE RULES CALENDAR TUESDAY, MARCH 12, 2013 THIRTY-SECOND LEGISLATIVE DAY HB 154 Worker's compensation; awards and benefits; change certain provisions (I&L-8th) Hamilton-24th HB 254 Motor vehicles; electronic proof of insurance may be accepted under certain circumstances; provide (Substitute) (PUB SAF-25th) Williamson-115th HB 414 Columbus, City of; "Redevelopment Powers Law"; provide referendum (SLGO-15th) Smyre-135th HR 281 Tift County; named in honor of the late Henry Harding Tift; provide (SLGO(G)-7th) Roberts-155th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 154. By Representatives Hamilton of the 24th, Pruett of the 149th, Kirby of the 114th, Lindsey of the 54th, Fleming of the 121st and others: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to provide for a limitation period on medical benefits; to provide for changes related to reimbursement of mileage charges; to provide for changes related to interest on lump sum payments of compensation; to provide for changes related to benefits for attempting work; to increase the compensation benefits for total disability and temporary partial disability; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Golden of the 8th. TUESDAY, MARCH 12, 2013 1507 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden E Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Ramsey Seay Y Shafer Sims Y Staton Y Stone Y Tate Thompson, C Y Thompson, S Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 0. HB 154, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: Committees: Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 3/12/13 1508 JOURNAL OF THE SENATE Mr. Secretary, Please let the journal reflect my favorable vote on HB 154. Thank you, /s/ Butch Miller 49 Committees: Senator Curt Thompson District 5 121-I State Capitol Atlanta, GA 30334 Special Judiciary Judiciary Non-Civil Appropriations Ethics Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 3/12/13 My machine did not record my yes vote on HB 154. Please record me as a yes vote. /s/ Curt Thompson, 5th Senator Tippins of the 37th was excused for business outside the Senate Chamber. HB 254. By Representatives Williamson of the 115th, Shaw of the 176th, Rice of the 95th, Harbin of the 122nd, Teasley of the 37th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jones of the 25th. The Senate Public Safety Committee offered the following substitute to HB 254: TUESDAY, MARCH 12, 2013 1509 A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, is amended by revising Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles, as follows: "40-6-10. (a)(1) As used in this Code section, the term 'mobile electronic device' means a portable computing and communication device that has a display screen with touch input or a miniature keyboard. (1.1) Upon the request of the insured, an insurer may issue a verification as to the existence of minimum motor vehicle liability insurance coverage as required under Chapter 34 of Title 33 in an electronic format to a mobile electronic device to the extent available. This paragraph shall not require an insurer to provide such verification of coverage in real time. (1.2) The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. The proof or evidence of required minimum insurance coverage required by this subsection may be produced in either paper or electronic format. Acceptable electronic formats include a display of electronic images on a mobile electronic device. (2) The following shall be acceptable proof of insurance on a temporary basis: (A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required 1510 JOURNAL OF THE SENATE minimum insurance coverage; and (C) If the owner acquired ownership of the vehicle within the past 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle within the past 30 days. (2.1) If the vehicle is insured under a fleet policy as defined in Code Section 40-2137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) The requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle or produced in electronic format shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Revenue indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the driver's license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. TUESDAY, MARCH 12, 2013 1511 (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department, and the driver's license of such person shall not be suspended. (8)(A) For purposes of this Code section, a valid insurance card or verification in electronic format on a mobile electronic device shall be sufficient proof of insurance only for any vehicle covered under a fleet policy as defined in Code Section 40-2137. The insurance card or verification in electronic format on a mobile electronic device for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-2-137 presents a valid insurance card or verification in electronic format on a mobile electronic device for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card or verification in electronic format on a mobile electronic device as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement agency or political subdivision shall be liable for and limited to the fees of the wrongful impoundment or towing of the vehicle, which in no way waives or diminishes any sovereign immunity of such governmental entity. If a person displays verification in electronic format on a mobile electronic device pursuant to this subparagraph, such person shall not be deemed as consenting to law enforcement to access other contents of such mobile electronic device. (B) For any vehicle covered under a policy of motor vehicle liability insurance that is not a fleet policy as defined in Code Section 40-2-137, the insurer shall issue a policy information card which shall contain, or may make available in an electronic format on a mobile electronic device, at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information card or policy information in an electronic format on a mobile electronic device shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. If a person displays policy information in an electronic format on a mobile electronic device pursuant to this subparagraph, such person shall not be deemed as consenting to law enforcement to access other contents of such mobile electronic device. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon 1512 JOURNAL OF THE SENATE conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Except for vehicles insured under a fleet policy as defined in Code Section 40-2137 or under a plan of self-insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-9-924 for the purposes of this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone TUESDAY, MARCH 12, 2013 1513 Y Crane E Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden E Gooch Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar 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 52, nays 0. HB 254, having received the requisite constitutional majority, was passed by substitute. HB 414. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: A BILL to be entitled an Act to authorize the consolidated government of Columbus, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harbison of the 15th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate 1514 JOURNAL OF THE SENATE E Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden E Gooch Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas N McKoon Y Millar 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 414, having received the requisite constitutional majority, was passed. HR 281. By Representatives Roberts of the 155th, Watson of the 172nd and Houston of the 170th: A RESOLUTION providing that Tift County be so named in honor of the late Henry Harding Tift; and for other purposes. Senate Sponsor: Senator Harper of the 7th. 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Crane E Crosby Y Davenport Y Davis Y Dugan Y Fort Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman TUESDAY, MARCH 12, 2013 1515 Y Ginn Y Golden E Gooch Lucas Y McKoon Y Millar Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 50, nays 0. HR 281, having received the requisite constitutional majority, was adopted. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Wednesday, March 13, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:12 a.m. 1516 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 13, 2013 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 Bill of the House: HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. The following Senate legislation was introduced, read the first time and referred to committee: SB 250. By Senators Jackson of the 2nd and Carter of the 1st: A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3734), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3564), so as to change the description of the council 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. WEDNESDAY, MARCH 13, 2013 1517 SB 251. By Senator James of the 35th: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Douglas County, approved May 13, 2008 (Ga. L. 2008, p. 3880), so as to reconstitute the board; to provide for composition of the board and the selection and appointment of 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 repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 252. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, so as to provide a short title; to provide that the Georgia Lottery Corporation shall offer one or more games to benefit veterans; to provide for the deposit of proceeds into the general fund; to provide for a special account to be appropriated for veterans' programs; to provide for purposes for which appropriations shall be made; to provide for lapsing of funds; to provide a conditional effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SR 528. By Senator Harbison of the 15th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the proceeds of one or more lottery games to benefit military veterans; to provide for authorized purposes; to provide for appropriations; to provide for the submission of this amendment for ratification or rejection; 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 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. Referred to the Appropriations Committee. 1518 JOURNAL OF THE SENATE 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 115 Do Pass by substitute HB 284 Do Pass HB 116 Do Pass HB 350 Do Pass Respectfully submitted, Senator Tippins of the 37th 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 139 Do Pass by substitute HB 310 Do Pass by substitute Respectfully submitted, Senator Jeffares of the 17th 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 164 HB 210 HB 371 Do Pass Do Pass Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, MARCH 13, 2013 1519 HB 36 HB 155 Do Pass Do Pass by substitute HB 126 Do Pass HB 274 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 256 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 342 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following legislation was read the second time: HB 3 HB 451 HB 79 HB 487 HB 99 HB 124 HB 188 HB 338 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 Wilkinson of the 50th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused. Senator Carter of the 1st asked unanimous consent that Senator Ligon of the 3rd be excused. The consent was granted, and Senator Ligon 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. 1520 JOURNAL OF THE SENATE Senator Seay of the 34th asked unanimous consent that Senator Davis of the 22nd be excused. The consent was granted, and Senator Davis 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 Davenport of the 44th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Thompson of the 33rd The roll was called and the following Senators answered to their names: Albers Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Dugan Fort Ginn Gooch Harbison Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Loudermilk McKoon Mullis Murphy Seay Shafer Sims Staton Stone Tate Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Balfour (Excused) Ligon (Excused) Miller Thompson, C. (Excused) Davis (Excused) Lucas Orrock (Excused) Thompson, S. (Excused) 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 Loudermilk of the 14th introduced the chaplain of the day, Major Scott Westbrook of Buford, Georgia, who offered scripture reading and prayer. WEDNESDAY, MARCH 13, 2013 1521 Senator Carter of the 1st introduced the doctor of the day, Dr. Johnny L. Sy. Senator Gooch of the 51st recognized Mr. Neil McBrayer for being honored by the National School Transportation Association as one the safest drivers in the country, commended by SR 120, adopted previously. Senator Loudermilk of the 14th recognized March 13, 2013, as Civil Air Patrol Day at the capitol and commended the volunteers of the Civil Air Patrol for their service to the citizens of Georgia, commended by SR 429, adopted previously. Col. Tonya Boylan addressed the Senate briefly. The following resolutions were read and adopted: SR 523. By Senators McKoon of the 29th, Dugan of the 30th, Hill of the 32nd, Wilkinson of the 50th, Miller of the 49th and others: A RESOLUTION requesting the support toward the reinstatement of wrestling in the Olympic Games from the International Olympic Committee and the United States Olympic Committee; and for other purposes. SR 524. By Senators Orrock of the 36th, Carter of the 42nd, Fort of the 39th, James of the 35th, Butler of the 55th and others: A RESOLUTION honoring the life and memory of Richard A. Long; and for other purposes. SR 525. By Senator Williams of the 19th: A RESOLUTION congratulating the Appling Christian Academy Lady Eagles Basketball Team on winning both the State and National Championships; and for other purposes. SR 526. By Senator Williams of the 19th: A RESOLUTION recognizing and commending the Appling County Christian Academy football team on their victory at the National High School Football Tournament; and for other purposes. SR 527. By Senator Sims of the 12th: A RESOLUTION commending The Links, Incorporated, and recognizing March 26, 2013, as Georgia Links Day at the capitol; and for other purposes. 1522 JOURNAL OF THE SENATE SR 529. By Senators Tippins of the 37th and Wilkinson of the 50th: A RESOLUTION recognizing the first week of October 2013 as "Georgia PreK Week" at the state capitol; and for other purposes. SR 530. By Senators Jackson of the 2nd and Harbison of the 15th: A RESOLUTION honoring and celebrating the 91st birthday of Mrs. Beulah Davis; 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 13, 2013 Thirty-third Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 342 Crane of the 28th CITY OF SENOIA A BILL to be entitled an Act to provide a new charter for the City of Senoia; 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 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 specific Acts; 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 Y Balfour Y Beach Y Bethel Y Harbison Y Harper Y Heath Y Henson Y Miller Y Mullis Y Murphy Y Orrock WEDNESDAY, MARCH 13, 2013 1523 Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Fort Y Ginn Y Golden Gooch Y Hill, H Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate E Thompson, C E 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 communication was received by the Secretary: Senator Curt Thompson District 5 121-I State Capitol Atlanta, GA 30334 Committees: Special Judiciary Judiciary Non-Civil Appropriations Ethics Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 3/13/13 Please record me as voting yes on the Senate Local Consent Calendar. /s/ Curt Thompson, 5th HB 234 SENATE RULES CALENDAR WEDNESDAY, MARCH 13, 2013 THIRTY-THIRD LEGISLATIVE DAY Contracts; new chapter that provides for notice of automatic renewal provisions in service contracts; enact (Substitute)(AG&CA-51st) Smith-70th 1524 JOURNAL OF THE SENATE HB 255 Unified Carrier Registration Act of 2005; administration responsibilities from Department of Revenue to Department of Public Safety; transfer (Substitute)(PUB SAF-53rd) Rogers-10th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 234. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd: A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 234: A BILL TO BE ENTITLED AN ACT To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; 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. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding a new chapter to read as follows: WEDNESDAY, MARCH 13, 2013 1525 "CHAPTER 12 13-12-1. As used in this chapter, the term: (1) 'Automatic renewal provision' means a provision under which a service contract is renewed for a specified period of more than one month if the renewal causes the service contract to be in effect more than six months after the day of the initiation of the service contract. Such renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the service contract. (2) 'Consumer' means a person receiving service, maintenance, or repair benefits under a service contract. The term does not include a person engaged in business or employed by or otherwise acting on behalf of a governmental entity if the person enters into the service contract as part of or ancillary to the person's business activities or on behalf of the business or governmental entity. (3) 'Seller' means any person, firm, partnership, association, or corporation engaged in commerce that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract. (4) 'Service contract' means a written contract for the performance of services for a specified period of time. 13-12-2. Any seller that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract that has an automatic renewal provision shall disclose the automatic renewal provision clearly and conspicuously in the contract or contract offer. 13-12-3. Any seller that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract for a specified period of 12 months or more and that automatically renews for a specified period of more than one month, unless the consumer cancels the contract, shall provide the consumer with written or electronic notification of the automatic renewal provision. Notification shall be provided to the consumer no less than 30 days or no more than 60 days before the cancellation deadline pursuant to the automatic renewal provision. Such notification shall disclose clearly and conspicuously: (1) That unless the consumer cancels the contract, the contract will automatically renew; and (2) The methods by which the consumer may obtain details of the automatic renewal provision and cancellation procedure, including contacting the seller at a specified telephone number or address, referring to the contract, or any other method. 13-12-4. This chapter shall not apply to: (1) A financial institution as provided in Chapter 1 or 2 of Title 7 or any depository institution as defined in 12 U.S.C. Section 1813(c)(2); (2) A foreign bank maintaining a branch or agency licensed under the laws of any 1526 JOURNAL OF THE SENATE state of the United States; (3) Any subsidiary or affiliate of an entity provided in paragraph (1) or (2) of this Code section; (4) Any electric utility as provided in Chapter 3 of Title 46; (5) Any entity regulated pursuant to Chapter 45 of Title 43; or (6) Any county, municipal corporation, authority, or local government or governing body. 13-12-5. A violation of this chapter renders the automatic renewal provision of a contract void and unenforceable." SECTION 2. This Act shall become effective on July 1, 2013, and shall apply only to contracts entered into on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Gooch of the 51st offered the following amendment #1: Amend the substitute to HB 234 (LC 39 0428S) by striking lines 19-20 and inserting in lieu thereof the following: (2) 'Consumer' means a natural person receiving service, maintenance, or repair benefits under a service contract. The term does not include a natural person engaged in business or employed On the adoption of the amendment, there were no objections, and the Gooch 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 Beach Y Bethel Y Burke Y Harbison Y Harper Y Heath Y Henson Hill, H Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey WEDNESDAY, MARCH 13, 2013 1527 Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Ginn Y Golden Y Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Seay Y Shafer Y Sims Y Staton Y Stone 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 234, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd was excused for business outside the Senate Chamber. HB 255. By Representatives Rogers of the 10th, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Public Safety Committee offered the following substitute to HB 255: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of 1528 JOURNAL OF THE SENATE Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, is amended by revising subsection (b) as follows: "(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." SECTION 2. Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, is amended by revising Code Section 40-2-140, relating to the Department of Revenue to administer provisions of this article, registration and fee requirements, evidence of continuing education, requirements for obtaining operating authority, collection, retention, and utilization of fees, regulatory compliance inspections, and penalties, as follows: "40-2-140. (a) As used in this Code section, the term 'commissioner' means the commissioner public safety. (a)(b) The Department of Revenue Public Safety shall be the state agency responsible for the administration of the federal Unified Carrier Registration Act of 2005, which includes participating in the development, implementation, and administration of the Unified Carrier Registration Agreement. (b)(c) Every foreign or domestic motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in interstate commerce in this state shall register with the commissioner or a base state and pay all fees as required by the federal Unified Carrier Registration Act of 2005. (c)(d)(1) Any motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay WEDNESDAY, MARCH 13, 2013 1529 a fee determined by the commissioner. (2) No motor carrier shall be issued a registration unless there is filed with the commissioner or the Federal Motor Carrier Safety Administration or any successor agency a certificate of insurance for such applicant or holder, on forms prescribed by the commissioner, evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state. Such policy shall provide for the protection of passengers in passenger vehicles and the protection of the public against the negligence of such motor carrier, and its servants or agents, when it is determined to be the proximate cause of any injury. The commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. Failure to file any form required by the commissioner shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer. The insurer may file its certificate of insurance electronically with the commissioner. (3) The commissioner shall have the power to permit self-insurance in lieu of a policy of indemnity insurance whenever in his or her opinion the financial ability of the motor carrier so warrants. (4) Any person having a cause of action, whether arising in tort or contract, under this Code section may join in the same cause of action the motor carrier and its insurance carrier. (d)(e) Before any motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (d.1)(f) Before any motor carrier shall be registered under the federal Unified Carrier Registration Act of 2005 by the Department of Revenue Public Safety, that carrier shall furnish evidence to the department Department of Public Safety that the carrier, through an authorized representative, has completed, within the preceding 12 months, an educational seminar on motor carrier operations and safety regulations that has been certified by the commissioner. (e)(g) In addition to any requirements under the federal Unified Carrier Registration Act of 2005, motor carriers required to have operating authority shall fulfill all applicable requirements for obtaining operating authority prior to any operation of a motor vehicle to which such requirements apply. (f)(h) The commissioner shall collect the fees imposed by this Code section and may establish rules and regulations and prescribe such forms as are necessary to administer this Code section and the federal Unified Carrier Registration Act of 2005. Notwithstanding the provisions of Code Sections Section 40-2-131 and 48-2-17, the commissioner shall retain and utilize such fees for motor carrier safety programs and enforcement and administration of this article. (g)(i) The commissioner of public safety, and persons he or she designates pursuant to Chapter 2 of Title 35, shall have the authority to perform regulatory compliance inspections under the provisions of Article 5 of Chapter 2 of Title 35 for purposes of determining compliance with laws and regulations, the enforcement and administration 1530 JOURNAL OF THE SENATE of which is the responsibility of the Department of Public Safety. (h)(j) Every officer, agent, or employee of any corporation and every person who fails to comply with this article and any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for in Chapter 13 of this title." SECTION 3. This Act shall become effective on July 1, 2014. 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 255, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 13, 2013 1531 The following communications were received by the Secretary: Committees: Senator Tyler Harper Agriculture and Consumer Affairs District 7 Natural Resources and the Environment 301-B Coverdell Legislative Office Building Public Safety Atlanta, GA 30334 Retirement The State Senate Atlanta, Georgia 30334 3/13/13 Mr. Secretary- I inadvertently did not cast a vote for HB 255. If I would have done so I would have voted "Yes". /s/ Tyler Harper 7th Committees: Senator Burt Jones State Institutions and Property District 25 Higher Education 327-A Coverdell Legislative Office Building Insurance and Labor Atlanta, GA 30334 Regulated Industries and Utilities DEPUTY WHIP The State Senate Atlanta, Georgia 30334 I would like to vote yes to HB 255. /s/ Burt Jones 3-13-13 Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Thursday, March 14, 2013. The motion prevailed, and the President announced the Senate adjourned at 11:12 a.m. 1532 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 14, 2013 Thirty-fourth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 communication was received by the Secretary: Senator Emanuel Jones District 10 420 State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Retirement Banking and Financial Institutions Special Judiciary Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 March 13, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30084 The purpose of this letter is to inform you that I have been invited by The National Convention of the Assemblies of God in Brazil to address their Annual Convention. I will be speaking to over 60,000 delegates from all over the World. Also, I will be meeting with the Governor of Brasilia and members of the Senate. As such, I respectfully request to be excused on March 20th, 21st, 22nd, 25th and 26th if we are in session during these days. I plan to leave Atlanta on March 19, 2013 and return early morning on March 27, 2013. I will be present at the State Capitol on Wednesday March 27, 2013. As a Global Peace Ambassador and 2011 Gusi International Peace Prize recipient, I have the unique opportunity to speak to a global audience on "Social Injustice." THURSDAY, MARCH 14, 2013 1533 Please see the attached invitation from Bishop Ferreira. If more information is required, please feel free to contact me. Sincerely, /s/ Emanuel Jones Senator, District 10 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd: A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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 330. By Representatives Glanton of the 75th, Stovall of the 74th and Waites of the 60th: A BILL to be entitled an Act to conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), and to enact a new provision; to restate the amount of the homestead exemption as $10,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, specific conditional repeal, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1534 JOURNAL OF THE SENATE HB 476. HB 496. HB 514. HB 526. 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes. By Representatives Williams of the 168th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Allison of the 8th and Gasaway of the 28th: A BILL to be entitled an Act to create the Rabun County Water and Sewer Authority; to repeal conflicting laws; and for other purposes. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Riley of the 50th, Wilkinson of the 52nd, Geisinger of the 48th, Martin of the 49th and others: A BILL to be entitled an Act to create the North Fulton Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for membership of the authority; to provide for a quorum and voting; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to THURSDAY, MARCH 14, 2013 1535 HB 527. HB 535. HB 541. HB 542. provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Jones of the 47th and Hill of the 22nd: To be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Allison of the 8th: A BILL to be entitled an Act to amend an Act to create the Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a threeyear phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. By Representative Dutton of the 157th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), as amended, so as to change the description of the election districts; to provide 1536 JOURNAL OF THE SENATE HB 545. HB 548. HB 551. 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. By Representatives Stovall of the 74th, Glanton of the 75th, Waites of the 60th, Jordan of the 77th, Scott of the 76th and others: A BILL to be entitled an Act to create the Metropolitan Atlanta Aerotropolis Development Authority; to authorize such authority to undertake such activities necessary to effect the creation of economic development in the metropolitan Atlanta area; to define relevant terms; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for intergovernmental contracts; to provide for the creation of the Metropolitan Atlanta Aerotropolis Development Authority Project Revolving Fund; to provide for local government participation in the authority; to provide for venue of legal actions; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Golick of the 40th, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th, Parsons of the 44th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to to change the description of the wards; 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. By Representatives Knight of the 130th, Yates of the 73rd, Rutledge of the 109th, Stephenson of the 90th and Scott of the 76th: A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 14, 2013 1537 HB 552. HB 553. HB 556. HB 557. HB 558. By Representatives Morris of the 156th and Nimmer of the 178th: A BILL to be entitled an Act to create a board of elections for Appling County and to provide for its powers and duties; to provide for definitions; 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. By Representative Morris of the 156th: A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: A BILL to be entitled an Act to authorize the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed; to specify the uses to which said technology fees may be put; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. By Representative McCall of the 33rd: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3714), so as to provide for staggered, four-year terms for the mayor and council; to provide that the city clerk may serve as the city treasurer; to provide that the municipal judge shall be a licensed attorney; to provide that the office of elected officials of the city shall be vacated under certain circumstances; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Representative McCall of the 33rd: A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved 1538 JOURNAL OF THE SENATE February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3909), so as to provide for staggered, four-year terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 182. SB 183. SB 201. By Senator Lucas of the 26th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Hancock County, approved April 5, 1993 (Ga. L. 1993, p. 4524), 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 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Senator Lucas of the 26th: A BILL to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, 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 repeal conflicting laws; and for other purposes. By Senators Gooch of the 51st and Allison of the 8th: A BILL to be entitled an Act to provide a homestead exemption from White County school district ad valorem taxes for educational purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older and whose income, excluding certain retirement income, does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 273. By Representatives Randall of the 142nd, Epps of the 144th, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, THURSDAY, MARCH 14, 2013 1539 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; 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 253. By Senator Ginn of the 47th: A BILL to be entitled an Act to provide a new charter for the City of Carlton; 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. SR 531. By Senator Tolleson of the 20th: A RESOLUTION supporting House Bill 348 and encouraging and supporting the Georgia Department of Transportation in its efforts to maximize the use of funding mechanisms aimed at reducing diesel emissions; 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 233. By Representatives Dukes of the 154th, Greene of the 151st and Fullerton of the 153rd: A BILL to be entitled an Act to authorize the governing authority of the City of Albany 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. 1540 JOURNAL OF THE SENATE HB 330. By Representatives Glanton of the 75th, Stovall of the 74th and Waites of the 60th: A BILL to be entitled an Act to conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), and to enact a new provision; to restate the amount of the homestead exemption as $10,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, specific conditional repeal, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 470. By Representatives Randall of the 142nd, Dickey of the 140th, Peake of the 141st and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 476. By Representatives Williams of the 168th and Stephens of the 164th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 496. By Representatives Allison of the 8th and Gasaway of the 28th: A BILL to be entitled an Act to create the Rabun County Water and Sewer Authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, MARCH 14, 2013 1541 HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 526. By Representatives Willard of the 51st, Riley of the 50th, Wilkinson of the 52nd, Geisinger of the 48th, Martin of the 49th and others: A BILL to be entitled an Act to create the North Fulton Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for membership of the authority; to provide for a quorum and voting; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 527. By Representatives Jones of the 47th and Hill of the 22nd: A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1542 JOURNAL OF THE SENATE HB 535. By Representative Allison of the 8th: A BILL to be entitled an Act to amend an Act to create the Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 541. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4010), so as to increase the exemption amount to $60,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 542. By Representative Dutton of the 157th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), 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 545. By Representatives Stovall of the 74th, Glanton of the 75th, Waites of the 60th, Jordan of the 77th, Scott of the 76th and others: A BILL to be entitled an Act to create the Metropolitan Atlanta Aerotropolis Development Authority; to authorize such authority to undertake such activities necessary to effect the creation of economic development in the THURSDAY, MARCH 14, 2013 1543 metropolitan Atlanta area; to define relevant terms; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law"; to provide for intergovernmental contracts; to provide for the creation of the Metropolitan Atlanta Aerotropolis Development Authority Project Revolving Fund; to provide for local government participation in the authority; to provide for venue of legal actions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 548. By Representatives Golick of the 40th, Evans of the 42nd, Wilkerson of the 38th, Carson of the 46th, Parsons of the 44th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to to change the description of the wards; 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 551. By Representatives Knight of the 130th, Yates of the 73rd, Rutledge of the 109th, Stephenson of the 90th and Scott of the 76th: A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 552. By Representatives Morris of the 156th and Nimmer of the 178th: A BILL to be entitled an Act to create a board of elections for Appling County and to provide for its powers and duties; to provide for definitions; 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. 1544 JOURNAL OF THE SENATE HB 553. By Representative Morris of the 156th: A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 556. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th, Buckner of the 137th and Pezold of the 133rd: A BILL to be entitled an Act to authorize the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed; to specify the uses to which said technology fees may be put; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 557. By Representative McCall of the 33rd: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3714), so as to provide for staggered, four-year terms for the mayor and council; to provide that the city clerk may serve as the city treasurer; to provide that the municipal judge shall be a licensed attorney; to provide that the office of elected officials of the city shall be vacated under certain circumstances; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 558. By Representative McCall of the 33rd: A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3909), so as to provide for staggered, THURSDAY, MARCH 14, 2013 1545 four-year terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 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 268 Do Pass by substitute HB 298 Do Pass Respectfully submitted, Senator Wilkinson of the 50th 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 68 HB 192 HB 315 Do Pass Do Pass Do Pass by substitute HB 178 HB 235 HB 317 Do Pass 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: HB 287 Do Pass Respectfully submitted, Senator Cowsert of the 46th District, Chairman 1546 JOURNAL OF THE SENATE Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 21 Do Pass by substitute HB 194 Do Pass HB 94 Do Pass HB 242 Do Pass by substitute Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Judiciary Non-Civil Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 141 HB 349 Do Pass by substitute Do Pass by substitute HB 146 Do Pass by substitute HB 480 Do Pass Respectfully submitted, Senator Stone of the 23rd 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 83 HB 517 Do Pass Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Retirement Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 71 Do Pass HB 238 Do Pass HB 232 Do Pass HB 345 Do Pass by substitute Respectfully submitted, Senator Millar of the 40th District, Chairman THURSDAY, MARCH 14, 2013 1547 Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 502 Do Pass by substitute SR 340 Do Pass SR 247 Do Pass SR 345 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd 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 479 Do Pass HB 522 Do Pass HB 505 Do Pass SB 249 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd 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 473 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd 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 205 Do Pass by substitute Respectfully submitted, Senator Albers of the 56th District, Chairman 1548 JOURNAL OF THE SENATE The following legislation was read the second time: HB 36 HB 164 HB 350 HB 115 HB 210 HB 371 HB 116 HB 256 HB 126 HB 274 HB 139 HB 284 HB 155 HB 310 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 Loudermilk of the 14th be excused. The consent was granted, and Senator Loudermilk was excused. Senator Harbison of the 15th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harper Heath Henson Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Lucas McKoon Millar Mullis Murphy Ramsey Seay Shafer Staton Stone Tate Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Harbison (Excused) Orrock (Excused) Loudermilk (Excused) Sims Miller Thompson, C. 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 William T. Ligon, Sr. of Brunswick, Georgia, who offered scripture reading and prayer. THURSDAY, MARCH 14, 2013 1549 Senator Stone of the 23rd introduced the doctor of the day, Dr. Ramon O. Parrish, Jr. The following resolutions were read and adopted: SR 532. By Senator Mullis of the 53rd: A RESOLUTION congratulating the Fort Oglethorpe Recreation Association Lakeview Warriors baseball team for their outstanding 2011 and 2012 seasons; and for other purposes. SR 533. By Senators Mullis of the 53rd, Wilkinson of the 50th, Bethel of the 54th, Hufstetler of the 52nd, Harper of the 7th and others: A RESOLUTION recognizing the Battle of Chickamauga on September 18-20, 2013; and for other purposes. SR 534. By Senators Crosby of the 13th, Williams of the 19th, Hill of the 4th, Jeffares of the 17th, Tolleson of the 20th and others: A RESOLUTION honoring the life and memory of Mr. Terrell Buford Cook; and for other purposes. SR 535. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Jennifer Kimball, South Jackson Elementary School's Teacher of the Year; and for other purposes. SR 536. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Wendye Hendley, West Jackson Intermediate School's Teacher of the Year; and for other purposes. SR 537. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Rebecca Nemecek, West Jackson Primary School's Teacher of the Year; and for other purposes. SR 538. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Brooke Williams, East Jackson Middle School's Teacher of the Year; and for other purposes. 1550 JOURNAL OF THE SENATE SR 539. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Mr. Thomas Layfield, Kings Bridge Middle School's Teacher of the Year; and for other purposes. SR 540. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Taylor Brown, East Jackson High School's Teacher of the Year; and for other purposes. SR 541. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Bonnie Roberts, East Jackson Comprehensive High School's Teacher of the Year; and for other purposes. SR 542. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Lynn Roberts, Jefferson Academy's Teacher of the Year; and for other purposes. SR 543. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Mr. Matt Stephenson, Jefferson Middle School's Teacher of the Year; and for other purposes. SR 544. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Mr. Sanford Freeman, Jefferson High School's Teacher of the Year; and for other purposes. SR 545. By Senators Ginn of the 47th and Wilkinson of the 50th: A RESOLUTION commending Ms. Diane Hill, Benton Elementary School's Teacher of the Year; and for other purposes. SR 546. By Senators Murphy of the 27th and Gooch of the 51st: A RESOLUTION recognizing and commending Change 4 Georgia and Remington Youngblood; and for other purposes. Senator McKoon of the 29th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Higher Education Committee: THURSDAY, MARCH 14, 2013 1551 HB 324. By Representatives Dollar of the 45th, Ramsey of the 72nd, Ehrhart of the 36th and Carter of the 175th: A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 324 was committed to the Senate Higher Education Committee. Senator Ligon, Jr. of the 3rd asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate State and Local Governmental Operations (General) Committee: HB 536. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 36-15-11 of the Official Code of Georgia Annotated, relating to receipt and disbursement of funds for county law libraries by counties having population of 950,000 or more, so as to repeal and reserve such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 536 was committed to the Senate State and Local Governmental Operations (General) Committee. Senator Ligon, Jr. of the 3rd asked unanimous consent that the following bill be withdrawn from the Senate Education and Youth Committee and committed to the Senate State and Local Governmental Operations (General) Committee: HB 537. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of local board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other elective offices, so as to repeal a population provision prohibiting certain members of county boards of education from holding other offices; to provide an effective date; to repeal conflicting laws; and for other purposes. 1552 JOURNAL OF THE SENATE The consent was granted, and HB 537 was committed to the Senate State and Local Governmental Operations (General) Committee. Senator Ligon, Jr. of the 3rd asked unanimous consent that the following bill be withdrawn from the Senate Health and Human Services Committee and committed to the Senate State and Local Governmental Operations (General) Committee: HB 538. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of health, so as to repeal a provision based upon population relative to the superintendent of the largest municipal school system in certain counties serving on the county board of health ex officio; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 538 was committed to the Senate State and Local Governmental Operations (General) Committee. Senator Ligon, Jr. of the 3rd asked unanimous consent that the following bill be withdrawn from the Senate Higher Education Committee and committed to the Senate State and Local Governmental Operations (General) Committee: HB 539. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions relative to campus police officers, so as to repeal a portion of a definition based upon population classification; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 539 was committed to the Senate State and Local Governmental Operations (General) Committee. Senator Ligon, Jr. of the 3rd asked unanimous consent that the following bill be withdrawn from the Senate Retirement Committee and committed to the Senate State and Local Governmental Operations (General) Committee: HB 540. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to repeal an Act to provide in all counties of 500,000 or more population according to the United States Census of 1960 or any future United States Census that the pension board of the board of education in such counties shall recompute the pension paid to those teachers THURSDAY, MARCH 14, 2013 1553 and employees who had retired as a matter of right prior to April 1, 1955, and who had been awarded a basic pension for 20 years of service, approved March 21, 1963 (Ga. L. 1963, p. 2469); to repeal conflicting laws; and for other purposes. The consent was granted, and HB 540 was committed to the Senate State and Local Governmental Operations (General) Committee. Senator Millar of the 40th recognized and commended Assistance League of Atlanta on the occasion of their 31st anniversary, commended by SR 505, adopted previously. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday March 14, 2013 Thirty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 249 Loudermilk of the 14th Beach of the 21st CITY OF HOLLY SPRINGS A BILL to be entitled an Act to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide for the election of councilmembers from wards; to provide that such officers shall be elected by plurality vote of the electors of the city at large; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 479 Murphy of the 27th Gooch of the 51st FORSYTH COUNTY A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, particularly by an Act approved 1554 JOURNAL OF THE SENATE May 18, 2007 (Ga. L. 2007, p. 3783), so as to change the compensation of the chairperson and members of the board; to remove compensation for per diem expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 505 Ginn of the 47th MADISON COUNTY A BILL to be entitled an Act to create a board of elections and registration for Madison County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 522 Jones of the 10th Jeffares of the 17th HENRY COUNTY WATER AND SEWER SERVICES A BILL to be entitled an Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, so as to change the name of the authority; to change the provisions relating to powers of the authority; to establish the power of the authority to implement programs and regulations for water quality protection, watershed protection, and water conservation; to establish the power of the authority to enter into intergovernmental agreements with respect to water and sewer services; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. THURSDAY, MARCH 14, 2013 1555 On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch E Harbison Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon E Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer Y Sims Y Staton Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman 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 communication was received by the Secretary: Senator David Shafer District 48 321 State Capitol Atlanta, GA 30334 Committees: Insurance and Labor Appropriations Finance Health and Human Services Reapportionment and Redistricting Banking and Financial Institutions Regulated Industries and Utilities Rules COMMITTEE ON ADMINISTRATIVE AFFAIRS COMMITTEE ON ASSIGNMENTS 1556 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 14, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Bob: Please let the journal reflect that I vote "yes" on the Local Consent Calendar. Very truly yours, /s/ David J. Shafer President Pro Tempore Senator Jeffares of the 17th recognized and commended Clayton State University student Marcus Bartlett, commended by SR 511, adopted previously. Marcus Bartlett addressed the Senate briefly. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 738. By Representative O`Neal of the 146th: A RESOLUTION relative to adjournment; and for other purposes. Senator Murphy of the 27th moved to engross HB 124, which was on today's Senate Rules Calendar. On the motion, there was no objection, and HB 124 was engrossed. THURSDAY, MARCH 14, 2013 1557 Senator Tolleson of the 20th recognized the Bleckley/Pulaski Forestry Unit on being named the Georgia Forestry Commission 2012 Southern Unit of the Year, commended by SR 196, adopted previously. Senator Tolleson of the 20th recognized the Coweta-Fayette-South Fulton County Forestry Unit on being named the State Forestry Commission 2012 Northern Unit of the Year, commended by SR 198, adopted previously. Senator Tolleson of the 20th recognized the Oconee District on being named the State Forestry Commission 2012 District of the Year, commended by SR 200, adopted previously. Senator Chance of the 16th recognized and congratulated the McIntosh High School Lady Chiefs soccer team of Fayette County for winning the Class AAAAA State Championship, commended by SR 132, adopted previously. Captain Hannah Hartman addressed the Senate briefly. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. SENATE RULES CALENDAR THURSDAY, MARCH 14, 2013 THIRTY-FOURTH LEGISLATIVE DAY HB 124 Local elections; votes cast for disapproval of Sunday alcohol sales by retailers shall not nullify prior election results; provide (RI&U-27th) Harrell-106th HB 487 Offenses against public health and morals; Georgia Lottery; correct a cross reference (Substitute)(RI&U-49th) Ramsey-72nd Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 124. By Representatives Harrell of the 106th, Taylor of the 79th, Powell of the 32nd, Fludd of the 64th, Cooke of the 18th and others: A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that an election in which the 1558 JOURNAL OF THE SENATE votes cast are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane N Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler N Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E N Ligon N Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 46, nays 7. HB 124, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Stone of the 23rd Tate of the 38th THURSDAY, MARCH 14, 2013 1559 HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; 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 487: 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 transfer responsibility for administration and enforcement of provisions relating to coin operated amusement machines from the Department of Revenue to the Georgia Lottery Corporation; to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to a lottery for education, so as to provide for such transfer of responsibility; to provide for findings of the General Assembly; to revise provisions relating to such administration and enforcement; to provide for licensing of operators; to create the Class B machine operators advisory board; to provide for a Class B accounting terminal; to provide for procedures, conditions, and limitations; to provide for fees and penalties; to provide for disposition of certain revenues; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to improper use of coin operated amusement machines, so as to change certain provisions relating to definitions; to change certain provisions regarding forfeiture of coin operated amusement machines; to amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to state legislative intent with respect to the effect of this Act on maritime vessels; to provide for an effective date; to provide for an automatic repeal upon a finding of unconstitutionality; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Chapter 17, relating to coin operated amusement machines, and redesignating it as a new Article 3 of Chapter 27 of Title 50, relating to a lottery for education, as follows: 1560 JOURNAL OF THE SENATE "CHAPTER 17 ARTICLE 3 Part 1 48-17-1. 50-27-70. (a) The General Assembly finds that the ability to operate a bona fide coin operated amusement machine business in this state constitutes a privilege and not a right. Further, in order to prevent the unregulated operation of the bona fide coin operated amusement machine business, the General Assembly is enacting the procedural enhancements of this article which will aid in the enforcement of the tax obligations that arise from the operation of bona fide coin operated amusement machine businesses as well as prevent unauthorized cash payouts. The General Assembly finds that the bona fide coin operated amusement machine business can be conducted in a manner to safeguard the fiscal soundness of the state, enhance public welfare, and support the need to educate Georgia's children through the HOPE scholarship program and prekindergarten funding authorized by Article I, Section II, Paragraph VIII of the Constitution. (b) As used in this chapter article, the term: (1) 'Applicant' or 'licensee' means an owner as defined in this Code section, including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself. (2)(A) 'Bona fide coin operated amusement machine' means:(A) Every every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to subsections (b) through (g) of Code Section 16-12-35, and which can be legally shipped interstate according to federal law. Examples of bona fide coin operated amusement machines include, but are expressly not limited to, the following: (i) Pinball machines; (ii) Console machines; (iii) Video games; (iv) Crane machines; (v) Claw machines; (vi) Pusher machines; (vii) Bowling machines; (viii) Novelty arcade games; (ix) Foosball or table soccer machines; (x) Miniature racetrack, football, or golf machines; (xi) Target or shooting gallery machines; (xii) Basketball machines; (xiii) Shuffleboard games; (xiv) Kiddie ride games; THURSDAY, MARCH 14, 2013 1561 (xv) Skeeball machines; (xvi) Air hockey machines; (xvii) Roll down machines; (xviii) Trivia machines; (xix) Laser games; (xx) Simulator games; (xxi) Virtual reality machines; (xxii) Maze games; (xxiii) Racing games; (xxiv) Coin operated pool tables or coin operated billiard tables as defined in paragraph (3) of Code Section 43-8-1; and (xxv) Any other similar amusement machine which can be legally operated in Georgia; and. (B) Every The term also means machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object such as jukeboxes or other similar types of music machines. (B) The term 'bona fide coin operated amusement machine' does not include the following: (i) Coin operated washing machines or dryers; (ii) Vending machines which for payment of money dispense products or services; (iii) Gas and electric meters; (iv) Pay telephones; (v) Pay toilets; (vi) Cigarette vending machines; (vii) Coin operated scales; (viii) Coin operated gumball machines; (ix) Coin operated parking meters; (x) Coin operated television sets which provide cable or network programming; (xi) Coin operated massage beds; and (xii) Machines which are not legally permitted to be operated in Georgia. (2.1) 'Business owner or business operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (2.2)(3) '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; (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 1562 JOURNAL OF THE SENATE 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)(4) 'Class B machine' means a bona fide coin operated amusement machine that 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. (3)(5) 'Commissioner' means the state revenue commissioner. 'Distributor' means a person, individual, partnership, corporation, limited liability company, or any other business entity that buys, sells, or distributes Class B machines to or from operators. (3.1)(6) 'Location license' means the initial and annually renewed license which every business location owner or business location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state. (3.2)(7) 'Location license fee' means the fee paid to obtain the location license. (8) 'Location owner or location operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (9) 'Manufacturer' means a person, individual, partnership, corporation, limited liability company, or any other business entity that supplies and sells major components or parts, including software, hardware, or both, to Class B machine distributors or operators. (4)(10) 'Master license' means the certificate which every owner of a bona fide coin operated amusement machine must purchase and display in the owner's or operator's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the state. (4.1)(11) 'Net receipts' means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemption of winnings from the amusement machine, and minus the amount of moneys refunded to the public for malfunction bona fide malfunctions of the amusement machine. (5)(12) 'Operator' means any person, individual, firm, company, association, THURSDAY, MARCH 14, 2013 1563 corporation, or other business entity who that exhibits, displays, or permits to be exhibited or displayed, in a place of business other than his own, any bona fide coin operated amusement machine in this state. (6)(13) 'Owner' means any person, individual, firm, company, association, corporation, or other business entity owning any bona fide coin operated amusement machine in this state. (7)(14) 'Permit fee' means the annual per machine charge which every owner of a bona fide coin operated amusement machine in commercial use must purchase and display in either the owner's or operator's place of business in order to legally operate the machine in the state. (15) 'Person' means an individual, any corporate entity or form authorized by law including any of its subsidiaries or affiliates, or any officer, director, board member, or employee of any corporate entity or form authorized by law. (7.1)(16) 'Single play' or 'one play' means the completion of a sequence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, cards, or other evidence of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) (d)(1)(A) through (d)(1)(D) of Code Section 16-12-35 after each play. (9)(17) 'Slot machine or any simulation or variation thereof' means any contrivance which, for a consideration, affords the player an opportunity to obtain money or other thing of value, the award of which is determined solely by chance, whether or not a prize is automatically paid by the contrivance. (8)(18) 'Sticker' means the decal issued for every bona fide coin operated amusement machine to show proof of payment of the permit fee. (10)(19) 'Successful player' means an individual who wins on one or more plays of a bona fide coin operated amusement machine. (11)(20) 'Temporary location permit' means the permit which every business location owner or business location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses. 48-17-2. 50-27-71. (a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees to the corporation as follows: (1) For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $500.00. In the event such owner acquires a sixth or greater number of machines 1564 JOURNAL OF THE SENATE during a calendar year which require a certificate for lawful operation under this chapter article so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,500.00; (B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter article, such owner shall pay an additional master license fee of $1,500.00; or (C) For 61 or more machines, the owner shall pay a master license fee of $3,500.00; and (2) For any number of Class B machines, the owner shall pay a master license fee of $5,000.00. The cost of the license shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon said such payment, the commissioner corporation shall issue a master license certificate to the owner. The master license fee levied by this Code section shall be collected by the commissioner corporation on an annual basis for the period from July 1 to June 30. The commissioner board may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this Code section may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any license or permit period. (a.1) Every business location owner or business location operator shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner corporation on an annual basis from July 1 to June 30. The location license fee shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon payment, the commissioner corporation shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner board may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business location owner or business location operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. (a.2) The corporation may refuse to issue or renew a location owner or location operator license or may revoke or suspend a location owner or location operator license issued under this article if: (1) The licensee or applicant has intentionally violated a provision of this chapter or a THURSDAY, MARCH 14, 2013 1565 regulation promulgated under this chapter; (2) The licensee or applicant has intentionally failed to provide requested information or answer a question, intentionally made a false statement in or in connection with his or her application or renewal, or omitted any material or requested information; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the corporation; (4) Failure to revoke or suspend the license would be contrary to the intent and purpose of this article; (5) The licensee or applicant has engaged in unfair methods of competition and unfair or deceptive acts or practices as provided in Code Section 50-27-87.1; or (6) Any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, fails to meet any obligations imposed by the tax laws or other laws or regulations of this state. (b) A copy of an owner's master license and the business location owner's or business location operator's location license shall be prominently displayed at all locations where the owner and business location owner or business location operator have bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fees levied under this Code section. (c) Each master license and each location license shall list the name and address of the owner or business location owner or business location operator, as applicable. (d) The commissioner corporation may provide a duplicate original master license certificate or location license certificate if the original certificate has been lost, stolen, or destroyed. The fee for a duplicate original certificate is $100.00. If the original certificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the certificate was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed certificate, if applicable, before a duplicate original certificate can be issued. A certificate for which a duplicate certificate has been issued is void. (e) A license or permit issued under this Code section: (1) Is effective for a single business entity; (2) Vests no property or right in the holder of the license or permit except to conduct the licensed or permitted business during the period the license or permit is in effect; (3) Is nontransferable, nonassignable by and between owners or business location owners and business location operators, and not subject to execution; and (4) Expires upon the death of an individual holder of a license or permit or upon the dissolution of any other holder of a license or permit. (f) An application for the renewal of a license or permit must be made to the commissioner corporation by June 1 of each year. (g) Acceptance of a license or permit issued under this Code section constitutes consent by the licensee and the business location owner or business location operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or the commissioner's 1566 JOURNAL OF THE SENATE corporation's agents may freely enter the business premises where the licensed and permitted machines are located during normal business hours for the purpose of ensuring compliance with this chapter article. (h) An application for a license or permit to do business under this chapter article shall contain a complete statement regarding the ownership of the business to be licensed or the business where the permitted machines are to be located. This statement of ownership shall specify the same information that is required by the application to secure a sales tax number for the State of Georgia. (i) An application for a master license shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. An application for a location license shall be accompanied by the appropriate fee. (j) An application is subject to public inspection. (k) A renewal application filed on or after July 1, but before the license expires, shall be accompanied by a late fee of $125.00. A master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the owner shall obtain a new master license or the business location owner or business location operator shall obtain a new location license, as applicable, by complying with the requirements and procedures for obtaining an original master license or location license. (l) A holder of a license who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license or permit renewal has not been issued, unless the holder of the license is notified by the commissioner corporation prior to the expiration date of a problem with the renewal. (m) Holders of location licenses and temporary location permits shall be subject to the same provisions of this chapter article with regard to refunds, license renewals, license suspensions, and license revocations as are holders of master licenses. (n) Failure to obtain a master license or location license as required by this Code section shall subject the person to a fine of up to $25,000.00 and repayment of all fees or receipts due to the corporation pursuant to this article and may subject the person to a loss of all state licenses. 48-17-3. 50-27-72. (a) No refund is allowed for a master license except as follows: (1) The owner makes a written request to the commissioner corporation for a refund prior to the beginning of the calendar year for which it was purchased; (2) The owner makes a written request prior to the issuance of the master license or registration certificate; (3) The owner makes a written request for a refund claiming the master license or registration certificate was mistakenly purchased due to reliance on incorrect information from the commissioner corporation; (4) The processing of the master license is discontinued; or THURSDAY, MARCH 14, 2013 1567 (5) The issuance of the master license is denied. (b) Before a refund will be allowed if the renewal of a master license is denied, the commissioner corporation shall verify that the applicant has no machines in operation and does not possess any machines except those that are exempt from the fees. If a master license is not issued, the commissioner corporation may retain $100.00 to cover administrative costs. (c) No refund will be allowed if the owner has an existing liability for any other fees or taxes due. Any refund will be applied to the existing liability due. 48-17-4. 50-27-73. (a) The commissioner corporation shall not renew a master, location owner, or location operator license for a business under this chapter article and shall suspend for any period of time or cancel a master, location owner, or location operator license if the commissioner corporation finds that the applicant or licensee is indebted to the state for any fees, costs, penalties, or delinquent fees. (b) The commissioner corporation shall not issue or renew a license for a business under this chapter article if the applicant does not designate and maintain an office in this state or if the applicant does not permit inspection by the commissioner corporation's agents of his or her place of business or of all records which the applicant or licensee is required to maintain. (c) The commissioner corporation may refuse to issue or renew a master license or may revoke or suspend a master license issued under this chapter if: (1) The licensee or applicant has intentionally violated a provision of this chapter or a regulation promulgated under this chapter; (2) The licensee or applicant has intentionally failed to provide requested information or answer a question, or has intentionally made a false statement in or in connection with his or her application or renewal, or omitted any material or requested information; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the commissioner corporation; (4) A licensee or applicant that allows the use of its master license certificate or per machine permit stickers by any other business entity or person who owns or operates bona fide coin operated amusement machines available for commercial use and available to the public for play. If such unauthorized use occurs, the commissioner corporation may fine the licensee as follows: (A) One hundred and fifty thousand dollars for each improper use of a per machine permit sticker; and (B) One Twenty-five thousand dollars for each improper use of a master license certificate. In addition, the commissioner corporation is authorized to seize the machines in question and assess the master license and permit fees as required by law and to assess the costs of such seizure to the owner or operator of the machines; or (5) Failure to suspend or revoke the license would be contrary to the intent and 1568 JOURNAL OF THE SENATE purpose of this chapter article; (6) The licensee or applicant has engaged in unfair methods of competition and unfair or deceptive acts or practices as provided in Code Section 50-27-87.1; or (7) Any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, fails to meet any obligations imposed by the tax laws or other laws or regulations of this state. (d) The commissioner corporation, on the request of a licensee or applicant for a license, shall conduct a hearing to ascertain whether a licensee or applicant for a license has engaged in conduct which would be grounds for revocation, suspension, or refusal to issue or renew a license. (e) The corporation shall not limit the number of master licenses it can issue. Except as provided in this subsection, the corporation shall not issue any new Class B master licenses until one year after it certifies that the Class B accounting terminal authorized by Code Section 50-27-101 is implemented; provided, however, the corporation shall be permitted to renew Class B master licenses at any time. 48-17-5. 50-27-74. (a) An applicant or licensee is entitled to at least 30 days' written notice and, if requested, a hearing in the following instances: (1) After an application for an original or renewal license has been refused; (2) Before the commissioner corporation may revoke a license; or (3) Before the commissioner corporation may invoke any other sanctions provided by this chapter article. For purposes of this paragraph, sanctions shall not include: (A) Issuance of a citation; (B) Imposition of a late fee, penalty fee, or interest penalty under subsection (k) of Code Section 48-17-2 50-27-71, Code Section 48-17-11 50-27-80, or subsection (a) of Code Section 48-17-13 50-27-82; or (C) Sealing a machine or imposing charges related thereto under subsection (g)(f) of Code Section 48-17-13 50-27-82. (b) The written notice provided by this Code section may be served personally by the commissioner chief executive officer or an authorized representative of the corporation or sent by United States certified mail or statutory overnight delivery addressed to the applicant, licensee, or registration certificate holder at its last known address. In the event that notice cannot be effected by either of these methods after due diligence, the commissioner chief executive officer may prescribe any reasonable method of notice calculated to inform a person of average intelligence and prudence of the commissioner's corporation's action, including publishing the notice in a newspaper of general circulation in the area in which the applicant, licensee, or registration certificate holder conducts its business activities. The written notice shall state with particularity the basis upon which the commissioner corporation is taking the proposed actions. (c) Subject to approval by the chief executive officer and corporation, the Bona Fide Coin Operated Amusement Machine Operator Advisory Board shall establish a THURSDAY, MARCH 14, 2013 1569 procedure for hearings required by this article. Such procedure shall empower the chief executive officer with the authority to delegate or appoint any person or public agency to preside over the hearing and adjudicate the appeal, and the procedure shall identify the party responsible for entering a final decision for the corporation. 48-17-6. 50-27-75. (a) The commissioner corporation shall deliver to the applicant or licensee a written copy of the order refusing an application or renewal application, revoking a master license, or imposing any other sanction provided in this chapter article issued after any required hearing provided by Code Section 50-27-74. (b) Delivery of the commissioner's corporation's order may be given by: (1) Personal service upon an individual applicant or licensee; (2) Personal service upon any officer, director, partner, trustee, or receiver, as the case may be; (3) Personal service upon the person in charge of the business premises, temporarily or otherwise, of the applicant or licensee; (4) Sending such notice by United States certified mail or statutory overnight delivery addressed to the business premises of the applicant or licensee; or (5) Posting notice upon the outside door of the business premises of the applicant or licensee. (c) Notice shall be deemed complete upon the performance of any action authorized in this Code section. 48-17-7. 50-27-76. (a) Appeal by an affected person from all actions of the commissioner corporation or chief executive officer shall be to the Superior Court of Fulton County or the superior court where the owner has the machines located at the time that the action has been taken by the commissioner. The review shall be conducted by the court and shall be confined to the record. (b) The court shall not substitute its judgment for that of the commissioner corporation or chief executive officer as to the weight of the evidence on questions of fact committed to the discretion of the commissioner corporation or chief executive officer. The court may affirm the decision of the commissioner corporation or chief executive officer in whole or in part; the court shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the commissioner's corporation's or chief executive officer's findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the commissioner corporation or chief executive officer; (3) Made upon unlawful procedures; (4) Affected by other error of law; 1570 JOURNAL OF THE SENATE (5) Not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. 48-17-8. 50-27-77. Appeal from any final judgment of the superior court Superior Court of Fulton County may be taken by any party, including the commissioner corporation, in the manner provided for in civil actions generally. 48-17-9. 50-27-78. (a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay an annual permit fee for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B machine. The fee shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon payment, the commissioner corporation shall issue a sticker for each bona fide coin operated amusement machine. The annual fees levied by this chapter article shall be collected by the commissioner corporation on an annual basis for the period from July 1 to June 30. The commissioner board may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter article shall be allowed to any owner who ceases the exhibition or display of any bona fide coin operated amusement machine prior to the end of any license or permit period. (b) The sticker issued by the commissioner corporation to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may transfer stickers from one machine to another in the same class and from location to location so long as all machines in commercial use available for play by the public have a sticker of the correct class and the owner uses the stickers only for machines that it owns. (c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certificate to allow for effective monitoring of the licensing and permit system. Permit stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location. (d) The commissioner corporation may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $50.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed THURSDAY, MARCH 14, 2013 1571 permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void. (e) Each permit sticker issued for a bona fide coin operated amusement machine which rewards a winning player exclusively with free replays, noncash redemption merchandise, prizes, toys, gift certificates, or novelties; or points, tokens, tickets, cards, or other evidence of winnings that may be exchanged for free replays or noncash redemption merchandise, prizes, toys, gift certificates, or novelties, in accordance with the provisions of subsections (b) through (d) of Code Section 16-12-35 shall include the following: 'GEORGIA LAW PROHIBITS THE PAYMENT OR RECEIPT OF ANY MONEY FOR REPLAYS OR MERCHANDISE AWARDED FOR PLAYING THIS MACHINE. O.C.G.A. SECTION 16-12-35.' (f) Nothing in this article shall be construed to provide any authority to the corporation to limit the number of permits issued in this state or to limit the number of permits provided to an operator, location owner, or location operator. (g) The corporation shall not assess any fees that are not explicitly authorized under this article on a manufacturer, distributor, operator, location owner, or location operator. 48-17-10. 50-27-79. No refund shall be allowed for the annual permit fee assessed on each bona fide coin operated amusement machine registered with the commissioner corporation except as follows: (1) The owner makes a written request to the commissioner corporation for a refund prior to the beginning of the calendar year for which the permit sticker was purchased and returns the permit sticker; (2) The owner makes a written request for a refund prior to the issuance of the permit sticker; (3) The owner makes a written request for a refund claiming the permit sticker was mistakenly purchased for a machine not subject to the permit fee and returns the permit sticker; or (4) The owner provides the commissioner corporation with a sworn affidavit that a machine was sold, stolen, or destroyed prior to the beginning of the calendar year for which the permit was purchased and returns the sticker unless it was attached to the stolen or destroyed machine. 48-17-11. 50-27-80. If an owner purchases or receives additional bona fide coin operated amusement machines during the calendar year, the applicable annual permit fee shall be paid to the commissioner corporation and the sticker shall be affixed to the machine before the machine may be legally operated. A penalty fee equal to twice the applicable annual permit fee shall be assessed by the commissioner corporation for every machine in operation without a permit sticker. 1572 JOURNAL OF THE SENATE 48-17-12. 50-27-81. (a) The commissioner chief executive officer shall provide for the proper administration of this chapter article and is authorized to act on behalf of the corporation for such purpose. The commissioner chief executive officer may initiate investigations, hearings, and take other necessary measures to ensure compliance with the provisions of this chapter article or to determine whether violations exist. If the commissioner chief executive officer finds evidence of any criminal violations, the commissioner he or she shall notify the appropriate prosecuting attorney in the county in which such violation occurred. (b) The commissioner chief executive officer is authorized to provide for the enforcement of this chapter article and the board shall provide for collection of the revenues under this chapter article by rule and regulation. (c) The commissioner chief executive officer may delegate to an authorized representative any authority given to the commissioner chief executive officer by this chapter article, including the conduct of investigations, imposing of fees and fines, and the holding of hearings. 48-17-13. 50-27-82. (a) If any owner or operator of any bona fide coin operated amusement machine in this state shall violate any provision of this chapter article or any rule and regulation promulgated under this chapter article, the commissioner corporation may investigate the violation and may seek sanctions, including late fees of $50.00 for failure to pay timely permit sticker fees, $125.00 for failure to pay timely the master license fee, suspension or revocation of a license, seizure of equipment, interest penalty, and debarment for repeat offenders. (b) No person other than an owner shall intentionally remove a current tax permit sticker from a bona fide coin operated amusement machine or from the location where the machine is located. Any person who violates this subsection shall be guilty of a misdemeanor. (c) A person who owns or operates bona fide coin operated amusement machines without a current master license or without a permit sticker on display shall be guilty of a misdemeanor. (d) A person who knowingly secures or attempts to secure makes a material false statement on any application or renewal application for a master license or permit sticker under this chapter article by fraud, misrepresentation, or subterfuge or makes a material false entry on any book, record, or report which is compiled, maintained, or submitted to the corporation pursuant to the provisions of this article is 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 $25,000.00, or both. (e) Any person who knowingly uses a sticker for the purpose of engaging in unlawful gambling shall be guilty of a misdemeanor. (f) Any bona fide coin operated amusement machine not having the required master license or permit stickers may be seized and confiscated by the commissioner or his THURSDAY, MARCH 14, 2013 1573 corporation's agents or employees and sold at public auction after 30 days' advertisement. Upon payment of the license required, the commissioner corporation may return any property so seized and confiscated and compromise any tax fee or penalty assessed. The owner from whom the bona fide coin operated amusement machine is seized may, at any time within ten days after the seizure, repossess the property by filing with the commissioner corporation a bond, in cash or executed by a surety company authorized to do business in this state, in double amount of the tax and penalties due. Within 30 days after the bond has been filed, the owner must bring an action in a court of competent jurisdiction to have the seizure set aside; otherwise, the bond so filed must shall be declared forfeited to the commissioner corporation. (g)(f) The commissioner chief executive officer or an authorized representative of the commissioner thereof may seal in a manner that will prevent its full operation any such bona fide coin operated amusement machine that is in commercial use available to the public for play whose master license or sticker under this chapter article has been suspended or revoked, upon which the fee has not been paid, or that is not registered with the commissioner corporation under this chapter article. Whoever shall break the seal affixed by the commissioner chief executive officer or an authorized representative of the commissioner thereof without the commissioner's chief executive officer's approval or whoever shall provide in commercial use available to the public for play any such bona fide coin operated amusement machine after said the seal has been broken without the commissioner's chief executive officer's approval or whoever shall remove any bona fide coin operated amusement machine from its location after the same has been sealed by the commissioner chief executive officer shall be guilty of a misdemeanor. The commissioner corporation shall charge a fee of $75.00 for the release of any bona fide coin operated amusement machine which is sealed. The fee shall be paid to the commissioner corporation. 48-17-14. 50-27-83. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any other provision of this title Title 48 as it existed prior to July 1, 2010, shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to July 1, 2010, are expressly preserved and declared to be legal and valid obligations to the state. (b) The enactment and amendment of this chapter article shall not affect offenses committed or prosecutions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense. (c) Nothing in this chapter article shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in violation of the laws or Constitution of this state. 1574 JOURNAL OF THE SENATE 48-17-15. 50-27-84. (a) As used in this Code section, the term: (1) 'Amusement or recreational establishment' means an open-air establishment frequented by the public for amusement or recreation. Such an establishment shall be in a licensed fixed location located in this state and which has been in operation for at least 35 years. (2) 'Business location' means any structure, vehicle, or establishment where a business is conducted. (3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. Revenue from the sale of goods and services at wholesale shall not be included. (b)(1) No business location owner or business location operator shall derive more than 50 percent of such business location owner's or business location operator's monthly gross retail receipts for the business location in which the Class B bona fide coin operated amusement machine or machines are situated from such Class B bona fide coin operated amusement machines. (2) Except as authorized by a local ordinance, no business location owner or business location operator shall offer more than nine Class B bona fide coin operated amusement machines to the public for play in the same business location; provided, however, that this limitation shall not apply to an amusement or recreational establishment. (c) For each business location which offers to the public one or more Class B bona fide coin operated amusement machines, the business location owner or business location operator shall prepare a monthly verified report setting out separately by location in Georgia: (1) The the gross retail receipts from the Class B bona fide coin operated amusement machines; and (2) The the gross retail receipts for the business location; and (3) The net receipts of the Class B machines. Upon request, the business owner or business operator shall supply such monthly reports to the commissioner. The department shall be authorized to audit any records for any such business location. (c.1) Each person holding a Class B master license shall prepare a monthly verified report setting out separately by location in Georgia: (1) The gross receipts from the Class B machines which the master licensee maintains; and (2) The net receipts of the Class B machines. (d) In accordance with the provisions of Code Section 48-17-4 50-27-73 and the procedures set out in Code Sections 48-17-5 and 48-17-6 50-27-74 and 50-27-75, the commissioner corporation may fine an applicant or holder of a license, refuse to issue THURSDAY, MARCH 14, 2013 1575 or renew a location license or master license, or revoke or suspend a location license or master license for single or repeated violations of subsection (b) of this Code section. (e) A business location owner or business location operator shall report the information prescribed in this Code section in the form required by the commissioner corporation. Such report shall be submitted in an electronic format approved by the commissioner corporation. (f) Beginning on August 20, 2013, and on the twentieth day of each month thereafter, for the previous month, the reports required by subsections (c) and (c.1) of this Code section shall be supplied to the corporation on forms provided by the corporation, including electronic means. The corporation shall be authorized to audit any records for any such business location or master licensee subject to this Code section. The corporation may contract with any state agencies to perform the audits authorized by this Code section, and it may contract or enter into a memorandum of understanding with the Department of Revenue to enforce the provisions of this Code section. 48-17-16. 50-27-85. (a) Except as specifically provided in this article, for For single or repeated violations of this chapter article by a business location owner or business location operator who offers one or more bona fide coin operated amusement machines for play by the public, the commissioner corporation may impose the following penalties on such a business location owner or business location operator: (1) A civil fine in an amount specified in rules and regulations promulgated in accordance with this chapter article; or (2) For a third or subsequent offense, a suspension or revocation of the privilege of offering one or more bona fide coin operated amusement machines for play by the public. (b) Before a penalty is imposed in accordance with this Code section, a business location owner or business location operator shall be entitled to at least 30 days' written notice and, if requested, a hearing as provided in Code Section 50-27-74. Such written notice shall be served in the manner provided for written notices to applicants and holders of licenses in subsection (b) of Code Section 48-17-5 50-27-74, and an order imposing a penalty shall be delivered in the manner provided for delivery of the commissioner's corporation's orders to applicants for licenses and holders of licenses in Code Section 48-17-6 50-27-75. (c) In the case of a suspension or revocation in accordance with this Code section, the commissioner corporation shall require the business location owner or business location operator to post a notice in the business location setting out the period of the suspension or revocation. No applicant or holder of a license or permit shall allow a bona fide coin operated amusement machine under the control of such applicant or holder of a license or permit to be placed in a business location owned or operated by a business location owner or business location operator who has been penalized by a suspension or revocation during the period of the suspension or revocation. 1576 JOURNAL OF THE SENATE 48-17-17. 50-27-86. In addition to the state regulatory provisions regarding bona fide coin operated amusement machines contained in Code Section 16-12-35 and this chapter article, 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) Prohibiting the offering to the public of more than nine Class B bona fide coin 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 location owner or business location 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 location owner or business location 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 location owner or business location operator subject to paragraph (1) of subsection (b) of Code Section 48-17-15 50-27-84 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 50-27-84; (7) Requiring the business location owner or business location 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 THURSDAY, MARCH 14, 2013 1577 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 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 location owner or business location 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. 50-27-87. (a)(1) Except as provided in this Code section, a person shall not own, maintain, place, or lease a bona fide coin operated amusement machine unless he or she has a valid master license; provided, however, that a manufacturer or distributor may own a bona fide coin operated amusement machine intended for sale to an operator, master licensee, manufacturer, or distributor. (2) A master licensee shall only place or lease bona fide coin operated amusement machines for use in Georgia in a licensed location owner's or location operator's establishments. (3) To be eligible as a master licensee, the person shall not have had a gambling license in any state for at least five years prior to obtaining or renewing a Georgia master's license. (4) On or after July 1, 2013, no person with or applying for a master license shall have an interest in any manufacturer, distributor, location owner, or location operator in this state. Additionally, no group or association whose membership includes manufacturers, distributors, operators, master licensees, location owners, or location operators shall obtain a master license nor shall they form an entity which acts as a master licensee, operator, location owner, or location operator for the purpose of obtaining a master license. (5) Failure to adhere to the provisions of this subsection shall result in a fine of not more than $50,000.00 and loss of the license for a period of one to five years per incident and subject the master licensee to the loss of any other state or local license held by the master licensee. The corporation shall notify any state or federal agency that issues a license to such master licensee of the breach of its duties under this 1578 JOURNAL OF THE SENATE article. (b)(1) No bona fide coin operated amusement machine, its parts, or software or hardware shall be placed or leased in any location owner's or location operator's establishment except by a master licensee and only if the owner or agent of the location owner or location operator has entered into a written agreement with a master licensee for placement of the bona fide coin operated amusement machine. Beginning on July 1, 2013, no person with or applying for a location owner's or location operator's license shall have an interest in any person or immediate family member of a person with a master license, or doing business as a distributor, or manufacturer in this state. A location owner or location operator may sell a bona fide coin operated amusement machine to anyone except another location owner or location operator. Failure to adhere to this subsection shall result in a fine of not less than $50,000.00 and loss of the location owner's or location operator's license for a period of one to five years per incident and subject the location owner or location operator to the loss of any other state or local licenses held by the location owner or location operator. The corporation shall notify any state or federal agency that issues a license to such location owner or location operator of the breach of its duties under this article. (2) A copy of the written agreement shall be on file in the master licensee's and the location owner's and location operator's place of business and available for inspection by individuals authorized by the corporation. (3) Any written agreement entered into after the effective date of this article shall be exclusive as between one bona fide coin operated amusement machine master licensee and one location owner or location owner per location. (c) No person shall receive a portion of any proceeds or revenue from the operation of a bona fide coin operated amusement machine except the operator, location owner, or location operator, notwithstanding Code Section 50-27-102. No commission or fee shall be awarded for the facilitation of a contract or agreement between a master licensee and a location owner or location operator; provided, however, that an employee of a master licensee may receive compensation, including a commission, for such agreements or contracts. A master licensee shall not pay a commission or provide anything of value to any person who is an employee, independent contractor, or immediate family member of a location owner or location operator. (d) This Code section shall only apply to manufacturers, distributors, operators, master licensees, and location owners or location operators of Class B machines. 50-27-87.1. The following acts or practices are deemed unfair methods of competition and unfair and deceptive acts under this article: (1) Until the corporation certifies that the Class B accounting terminal authorized by Code Section 50-27-101 is implemented, a master licensee, location owner, or location operator retaining more than 50 percent of the net monthly proceeds for the operation of a Class B machine; (2) A master licensee or owner entering into an agreement with a manufacturer or THURSDAY, MARCH 14, 2013 1579 distributor: (A) That grants the owner or master licensee exclusive rights to own, maintain, place, or lease a type, model, or brand of bona fide coin operated amusement machine in this state; or (B) For the lease of a bona fide coin operated amusement machine, its parts, or software or hardware; (3) A location owner or location operator asking, demanding, or accepting anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees from a master licensee, as an incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. A location owner that violates this subsection shall have all of the location owner's state business licenses revoked for a period of one to five years per incident. The location owner also shall be fined up to $50,000.00 per incident and required to repay any incentive fees or other payments received from the operator; and (4) An operator, master licensee, or individual providing anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees to a location owner or location operator, as any incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. An operator, master licensee, or individual who violates this subsection shall have all of his or her state business licenses revoked for a period of one to five years per incident. The individual, owner, or master licensee also shall be fined up to $50,000.00 per incident. 50-27-88. (a) The corporation shall establish rules or policies, with the advice and consent of the Bona Fide Coin Operated Amusement Machine Operator Advisory Board, to establish or create: (1) Forms and information reasonably required for the submission of a license application; and (2) Procedures to ensure that applicants for a license provide the identical name and address of the applicant as stated in the application for a license required by local governing authorities and specify the premises where the licensee shall have its place of business. (b) Any legal entity, including but not limited to all partnerships, limited liability companies, and domestic or foreign corporations, lawfully registered and doing business under the laws of Georgia or the laws of another state and authorized by the Secretary of State to do business in Georgia which seeks to obtain a license for bona fide coin operated amusement machines may be permitted to apply for a license in the name of the legal entity as it is registered in the office of the Secretary of State; provided, however, that: 1580 JOURNAL OF THE SENATE (1) In its application for any bona fide coin operated amusement machine license, the legal entity shall provide the corporation with the name and address of its agent authorized to receive service of process under the laws of Georgia, together with a listing of its current officers and their respective addresses; (2) Any change in the status of licensee's registered agent, including but not limited to change of address or name, shall be reported to the corporation within ten business days of such occurrence; (3) In the event that a legal entity shall fail to appoint or maintain a registered agent in Georgia as required by law, or whenever its registered agent cannot with due diligence be found at the registered office of the business as designated in its application for license, the chief executive officer shall be appointed agent to receive any citation for violation of the provisions of this article; (4) Process may be served upon the chief executive officer by leaving with the chief executive officer duplicate copies of such citations; (5) In the event that the notice of citation is served upon the chief executive officer or one of the chief executive officer's designated agents, the chief executive officer shall immediately forward one of the copies to the business at its registered office; (6) Any service made upon the chief executive officer shall be answerable within 30 days; and (7) The corporation shall keep a record of all citations served upon the chief executive officer under this article and shall record the time of service and the disposition of that service. 50-27-89. (a) There shall be a Bona Fide Coin Operated Amusement Machine Operator Advisory Board to be composed of ten members. The chief executive officer of the corporation shall serve as a member. Two members shall be appointed by the Speaker of the House of Representatives, two members by the Lieutenant Governor, and five members by the Governor; at least one appointee shall be a licensed location owner or location operator. At least seven members shall be Georgia operators with current master licenses representing the broadest possible spectrum of business characteristics of bona fide coin operated amusement machine operators. (b) Members appointed to the advisory board shall serve terms of four years. Upon the expiration of a member's term of office, a new member appointed in the same manner as the member whose term of office expired as provided in subsection (a) of this Code section shall become a member of the advisory board and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the advisory board, a new member shall be appointed for the unexpired term of office by the official who appointed the vacating member. Members may be reappointed to additional terms. (c) The advisory board shall establish its own policies and internal operating procedures. Members of the advisory board shall serve without compensation or reimbursement of expenses. The advisory board may report to the corporation in THURSDAY, MARCH 14, 2013 1581 writing at any time. The corporation may invite the advisory board to make an oral presentation to the corporation. (d) The advisory board shall have the exclusive authority to initiate a process to determine a variety of cost-effective, efficacious, and fiscally responsible approaches for consideration by the corporation of a Class B accounting terminal authorized by Code Section 50-27-101. The advisory board shall be further authorized to contract with the Department of Administrative Services to develop a request for proposal to receive bids to provide the Class B accounting terminal and shall submit a minimum of three recommended proposals to the corporation unless only two vendors respond. The corporation shall select one of the recommended proposals to serve as the Class B accounting terminal vendor. (e) No advisory board member, corporation member, or immediate family of either may own a substantial interest in or be an employee, independent contractor, agent, or officer of any vendor recommended to or selected by the corporation. For the purposes of this Code section, 'substantial interest' means the direct or indirect ownership of any privately held assets or stock or over $5,000.00 in publicly traded stock. Part 2 50-27-100. The General Assembly finds that: (1) There is a compelling state interest in ensuring the most efficient, honest, and accurate regulation of the bona fide coin operated amusement machine industry in this state; and (2) The most efficient, accurate, and honest regulation of the bona fide coin operated amusement machine industry in this state can best be facilitated by establishing a Class B accounting terminal to which all Class B machines will be linked by a communications network to provide superior capability of auditing, reporting, and regulation of the coin operated amusement machine industry. 50-27-101. (a) In cooperation with the Bona Fide Coin Operated Amusement Machine Operator Advisory Board established under Code Section 50-27-89, the corporation shall procure a Class B accounting terminal linked by a communications network through which all Class B machines in a location shall connect to a single point of commerce for the purpose of accounting and reporting to the state. In no event shall the terminal approved by the corporation limit participation to only one manufacturer or one type of bona fide coin operated amusement machine. Consideration shall be given to the cost associated with retrofitting all existing Class B machines and efforts made to minimize that cost. (b) Six months after the procurement of a Class B accounting terminal and successful pilot testing, all Class B machines shall be linked by a communications network to a Class B accounting terminal for purposes of monitoring and reading device activities as provided for in this Code section. When the corporation is satisfied with the operation 1582 JOURNAL OF THE SENATE of the Class B accounting terminal it shall certify the effective status of the Class B accounting terminal and notify all licensees of such certification. (c) The Class B accounting terminal shall be designed and operated to allow the monitoring and reading of all Class B machines for the purpose of compliance with regard to their obligations to the state. The Class B accounting terminal shall be located within and administered by the corporation. (d) The Class B accounting terminal shall not provide for the monitoring or reading of personal or financial information concerning patrons of bona fide coin operated amusement machines. (e) Any entity that acts as a vendor for the corporation in building, operating, maintaining, or contracting to build, operate, or maintain a Class B accounting terminal shall be prohibited from obtaining a license as an operator or location owner or location operator. As used in this subsection, the term 'entity' shall also include the entity's employees, independent contractors, consultants, or any other person as defined in paragraph (15) of subsection (b) of Code Section 50-27-70 which is related to the entity during the time the vendor is involved with providing service as it relates to the Class B accounting terminal for the corporation. (f) Except as provided in subsection (e) of Code Section 50-27-73, nothing in this part shall be construed to provide any authority to the corporation to limit or eliminate Class B machines or to limit, eliminate, or unduly restrict the number of licenses, permits, or certifications for operators or location owners or location operators. (g) The corporation shall not expand, limit, or otherwise alter what constitutes a bona fide coin operated amusement machine and the permitted redemption related items, except that the corporation shall be permitted to authorize any ticket or product of the corporation. (h) The corporation shall be exempt from and not subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The corporation shall allow for notice of and comment on any policies or rules enacted pursuant to this article, including approval by the Bona Fide Coin Operated Amusement Machine Operator Advisory Board. 50-27-102. (a) Upon successful implementation and certification of the Class B accounting terminal under the provisions of Code Section 50-27-101, and for the first fiscal year thereafter, all owners of Class B machines and location owners and location operators shall apportion net receipts as follows: (1) The location owner or location operator shall: (A) Retain 47.5 percent of the net receipts; and (B) Provide 52.5 percent of the net receipts to the corporation; and (2) The corporation shall: (A) Retain 5 percent of the net receipts; and (B) Provide, within five business days of receipt, 47.5 percent of the net receipts to the operator holding the Class B master license for the cost of securing, operating, THURSDAY, MARCH 14, 2013 1583 and monitoring the machines. (b) In each fiscal year after the implementation and certification required by subsection (a) of this Code Section, the corporation's share shall increase 1 percent, taken evenly from the location owner or location operator and the operator, to a maximum of 10 percent. (c) The corporation shall require location owners and location operators to place all bona fide coin operated amusement machine proceeds due the corporation in a segregated account in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, bona fide coin operated amusement machine proceeds shall be deemed to be the property of the corporation. The corporation may require a location owner or location operator to establish a single separate electronic funds transfer account where available for the purpose of receiving proceeds from Class B machines, making payments to the corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each bona fide coin operated amusement machine location owner or location operator shall establish a separate bank account for bona fide coin operated amusement machine proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets. Whenever any person who receives proceeds from bona fide coin operated amusement machines becomes insolvent or dies insolvent, the proceeds due the corporation from such person or his or her estate shall have preference over all debts or demands. If any financial obligation to the corporation has not been timely received, the officers, directors, members, partners, or shareholders of the location owner or location operator shall be personally liable for the moneys owed to the corporation." SECTION 1-2. Said title is further amended by reserving the Chapter 17 designation. PART II SECTION 2-1. Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in gambling, is amended by revising subsection (g) as follows; "(g) Should it appear that any person filing a defense in the action knew, or by the exercise of ordinary care should have known, that the property was used in violation of this Code section, the same shall be sold by order of the court after such advertisement as the court shall direct, and such person shall have no claim upon the property or the proceeds from the sale thereof. Notwithstanding the provisions of subsection (j) of Code Section 16-14-7, in any forfeiture action involving bona fide coin operated amusement machines brought under Code Section 16-14-7 for an alleged violation of 16-14-4, where an alleged violation of this article is used to prove a pattern of racketeering activity as defined in paragraph (8) of Code Section 16-14-3, any property 1584 JOURNAL OF THE SENATE subject to forfeiture under this article shall not be subject to forfeiture unless the state proves the owner of such property had actual knowledge the property was being used in violation of this article." SECTION 2-2. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to applicability of certain provisions relative to gambling, is amended by revising subsections (a), (h), and (i) and adding new subsections to read as follows: "(a) As used in this Code section, the term 'some skill' means any presence of the following factors, alone or in combination with one another: (1) A learned power of doing a thing competently; (2) A particular craft, art, ability, strategy, or tactic; (3) A developed or acquired aptitude or ability; (4) A coordinated set of actions, including, but not limited to, eye-hand coordination; (5) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both; (6) Technical proficiency or expertise; (7) Development or implementation of strategy or tactics in order to achieve a goal; or (8) Knowledge of the means or methods of accomplishing a task. The term some skill refers to a particular craft, coordinated effort, art, ability, strategy, or tactic employed by the player to affect in some way the outcome of the game played on a bona fide coin operated amusement machine as defined in paragraph (2) of Code Section 48-17-1 50-27-70. If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the 'some skill' requirement of this Code section." "(g.1) Any location owner or location operator or person employed by a location owner or location operator who violates subsection (h) or (i) of this Code section for the second separate offense shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both, as well as loss of location license and all other state licenses. (h) Any gift certificates, tokens, vouchers, tickets, or other evidence of winnings awarded under subsection (c) or (d) of this Code section must be redeemable only at the premises on which the game or device is located. It shall be unlawful for any person to provide to any other person as a reward for play on any such game or device any gift certificate, token, voucher, ticket, or other evidence of winning which is redeemable or exchangeable for any thing of value at any other premises. It shall be unlawful for any person at any premises other than those on which the game or device is located to give any thing of value to any other person for any gift certificate, token, voucher, ticket, or other evidence of winning received by such other person from play on such game or device. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature. This subsection shall not apply to any ticket or product of THURSDAY, MARCH 14, 2013 1585 the Georgia Lottery Corporation. (i) The merchandise, prizes, toys, gift certificates, novelties, or rewards which may be awarded under subsection (c) or (d) of this Code section may not include or be redeemable or exchangeable for any firearms, alcohol, or tobacco or any lottery ticket or other item enabling participation in any lottery. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature." "(k) Any person, location owner, or location operator who places, provides, or displays a bona fide coin operated amusement machine and offers it to play for consideration in Georgia in an establishment for which the location owner or location operator is not licensed or in a private residence shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both." SECTION 2-3. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended in paragraph (43) by replacing the term "Chapter 17 of this title" with "Chapter 27 of Title 50". SECTION 2-4. Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to limitation on authority of local government to impose regulatory fee, examples of businesses or practitioners or professions or occupations which may be subject to fees, individuals and entities not subject to fees, and general laws not repealed, is amended in paragraph (20) of subsection (c) by replacing the term "Code Section 48-17-1" with "Code Section 5027-70" and by replacing the term "Code Section 48-17-9" with "Code Section 50-27-78". SECTION 2-5. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the lottery for education, is amended by revising paragraph (14) of subsection (a) of Code Section 50-27-9, relating to general powers of the lottery corporation, as follows: "(14) To enter into contracts or agreements with state or local law enforcement agencies, including the Department of Revenue, for the performance of law enforcement, background investigations, and security checks, and auditing and enforcement of license requirements required by Article 3 of this chapter; PART III SECTION 3-1. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of Section 2-2 of this Act, this Act shall stand 1586 JOURNAL OF THE SENATE repealed by operation of law. (c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senators Jones of the 10th and Jackson of the 2nd offered the following amendment #1: Amend the Senate Regulated Industries and Utilities Committee substitute to HB 487 (LC 34 3830ER-ECS) by inserting after "cross-references;" on line 15 the following: to establish a division within the corporation to monitor and encourage minority business participation; By inserting between lines 1067 and 1068 the following: SECTION 2-6. Said article is further amended by revising paragraph (3) of subsection (1) of Code Section 50-27-14, relating to participation by minority businesses, as follows: "50-27-14. (a) It is the intent of the General Assembly that the corporation encourage participation by minority businesses. Accordingly, the board of directors shall adopt a plan which achieves to the greatest extent possible a level of participation by minority businesses taking into account the total number of all retailers and vendors, including any subcontractors. (b) There is hereby created within the corporation the Minority Business Participation Division to monitor and encourage participation by minority businesses. The division shall undertake a study of minority business participation with the corporation and shall complete a report with findings and recommendations. Such report shall be submitted to the corporation no later than December 31, 2013, and shall include current participation rates and proposed participation goals. (c) The corporation, through the division, is authorized and directed to undertake training programs and other educational activities to enable such minority businesses to compete for contracts on an equal basis. The board division shall monitor the results of minority business participation and shall report the results of minority business participation to the Governor at least on an annual basis." On the adoption of the amendment, the President asked unanimous consent. THURSDAY, MARCH 14, 2013 1587 Senator Miller of the 49th objected. On the adoption of the amendment, the yeas were 14, nays 32, and the Jones of the 10th, Jackson of the 2nd amendment #1 to the committee substitute was lost. Senators Carter of the 42nd and Bethel of the 54th offered the following amendment #2: Amend the committee substitute LC 34 3830ER-ECS to HB 487 by inserting after line 488 the following: "(h) All fees assessed by the corporation pursuant to this article shall be considered lottery proceeds, and shall not be remitted to the general fund." On the adoption of the amendment, there were no objections, and the Carter of the 42nd, Bethel amendment #2 to the committee substitute was adopted. Senators Fort of the 39th, Henson of the 41st and Tate of the 38th offered the following amendment #3: Amend the committee substitute to HB 487 by inserting after "vessels;" on line 16 the following: to provide for qualifications of the chief executive officer; By inserting between lines 1067 and 1068 the following: PART IIA. SECTION 2A-1. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the lottery for education, is amended by revising Code Section 50-27-8, relating to appointment of chief executive officer, as follows: "50-27-8. (a) The board of directors shall appoint and shall provide for the compensation of a chief executive officer who shall be an employee of the corporation and who shall direct the day-to-day operations and management of the corporation and shall be vested with such powers and duties as specified by the board and by law. The chief executive officer shall serve at the pleasure of the board. (b) No person shall be appointed as chief executive officer who has less than five years of experience as an executive in the lottery industry." On the adoption of the amendment, the President asked unanimous consent. Senator Miller of the 49th objected. 1588 JOURNAL OF THE SENATE 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 Beach N Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis N Dugan Y Fort N Ginn N Golden N Gooch Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E N Ligon N Loudermilk Y Lucas N McKoon N Millar N Miller N Mullis N Murphy Y Orrock E Ramsey Y Seay N Shafer Y Sims N Staton E Stone E Tate Y Thompson, C Y Thompson, S Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 16, nays 36, and the Fort, et al. amendment #3 to the committee substitute was lost. Senators Jackson of the 2nd, Fort of the 39th and Davis of the 22nd offered the following amendment #4: Amend the committee substitute to HB 487 by inserting after "vessels;" on line 16 the following: to provide for competitive bidding; By inserting between lines 1067 and 1068 the following: PART IIA. SECTION 2A-1. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the lottery for education, is amended by revising Code Section 50-27-30, relating to bidding requirements and procedures for contracts, as follows: "50-27-30. (a) The corporation shall enter into its contracts for major procurements after competitive bidding. The requirement for competitive bidding does not apply in the THURSDAY, MARCH 14, 2013 1589 case of a single vendor having exclusive rights to offer a particular service or product. Procedures adopted by the board shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity for the corporation, and the best service and products for the public. (b) In any bidding process, the corporation may administer its own bidding and procurement or may utilize the services of the Department of Administrative Services or other state agency or subdivision thereof. The corporation shall enter into contracts for major procurements only after conducting a competitive sealed bid process through the Department of Administrative Services." 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 18, nays 25, and the Jackson of the 2nd, et al. amendment #4 to the committee substitute was lost. Senators Miller of the 49th, Staton of the 18th, Mullis of the 53rd and Tolleson of the 20th offered the following amendment #5: Amend the committee substitute to HB 487 by deleting the quotation marks at the end of line 982 and inserting between lines 982 and 983 the following: 50-27-103. The penalties provided for in this article shall be in addition to any criminal penalties that may otherwise be provided by law." On the adoption of the amendment, there were no objections, and the Miller, et al. amendment #5 to the committee substitute was adopted. Senators Carter of the 42nd, Henson of the 41st, Davis of the 22nd and Williams of the 19th offered the following amendment #6: Amend the committee substitute LC 34 3830ER-ECS to HB 487 by at line 679 deleting the words "more than nine" On the adoption of the amendment, the President asked unanimous consent. Senator Miller of the 49th objected. On the adoption of the amendment, the yeas were 17, nays 23, and the Carter of the 42nd, et al. amendment #6 to the committee substitute was lost. 1590 JOURNAL OF THE SENATE Senators Williams of the 19th, McKoon of the 29th, Hill of the 32nd, Heath of the 31st, Crane of the 28th and others offered the following amendment #7: Amend the Senate Regulated Industries and Utilities Committee substitute to HB 487 by deleting lines 1 through 1082 and inserting in lieu thereof the following: To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to prohibit the operation of certain coin operated amusement machines after a certain date; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to Chapter 17, relating to coin operated amusement machines, to read as follows: "48-17-18. Notwithstanding any provision of this chapter or any other provision of law, on and after the effective date of this Code section, no Class B machines shall be operated in this state." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. Senators McKoon of the 29th, Ligon of the 3rd, Crane of the 28th and Williams of the 19th offered the following amendment #7a: Amend Amendment #7 to HB 487 by striking lines 860 - 982 of substitute to HB 487. 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 22, nays 21, and the McKoon, et al. amendment #7a to the Williams amendment #7 to the committee substitute was adopted. Senator Miller of the 49th offered the following amendment #7b: Amend Amendment #7 AM 36 0418 to HB 487 by inserting after the word "state " on line 14 the following: "in any municipality or county where such operation is prohibited by local ordinance." THURSDAY, MARCH 14, 2013 1591 On the adoption of the amendment, there were no objections, and the Miller amendment #7b to the Williams amendment #7 to the committee substitute was adopted. On the adoption of the Williams amendment #7 as amended, the President asked unanimous consent. Senator Staton of the 18th objected. On the adoption of the amendment, Senator Williams of the 19th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Albers N Balfour N Beach N Bethel N Burke Y Butler Y Carter, B Y Carter, J N Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort N Ginn N Golden N Gooch N Harbison N Harper Y Heath Y Henson N Hill, H N Hill, Jack Y Hill, Judson Y Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims N Staton E Stone E Tate N Thompson, C N Thompson, S Tippins N Tolleson N Unterman N Wilkinson Y Williams On the adoption of the amendment, the yeas were 27, nays 26, and the Williams, et al. amendment #7 to the committee substitute was adopted as amended. Senator Shafer of the 48th moved that the Senate reconsider its action in adopting the Williams amendment #7 to the committee substitute as amended. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Miller Y Mullis Y Murphy N Orrock N Ramsey 1592 JOURNAL OF THE SENATE N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane N Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler N Jackson, B N Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar N Seay Y Shafer N Sims Y Staton E Stone E Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 39; nays 14, the motion prevailed, and the Williams, et al. amendment #7 to the committee substitute as amended was reconsidered. 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 N Balfour N Beach N Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance Y Cowsert Y Crane N Crosby Y Davenport N Davis N Dugan Y Fort N Ginn N Golden N Gooch N Harbison N Harper Y Heath Y Henson N Hill, H N Hill, Jack Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Y Jones, E N Ligon N Loudermilk N Lucas Y McKoon Y Millar N Miller N Mullis N Murphy Y Orrock Y Ramsey Y Seay N Shafer Y Sims N Staton E Stone E Tate N Thompson, C N Thompson, S Tippins N Tolleson Y Unterman N Wilkinson Y Williams On the adoption of the amendment, the yeas were 20, nays 32, and the Williams, et al. amendment #7 to the committee substitute as amended was lost. THURSDAY, MARCH 14, 2013 1593 The McKoon, et al. amendment #7a to the Williams, et al. amendment #7 to the committee substitute was then moot. The Miller amendment #7b to the Williams, et al. amendment #7 to the committee substitute was then moot. Senator Davis of the 22nd offered the following amendment #8: Amend the committee substitute LC 34 3830ER-ECS to HB 487 by striking lines 866, 867 and 868 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 16, nays 25, and the Davis amendment #8 to the committee substitute was lost. Senators Dugan of the 30th, Balfour of the 9th, Ginn of the 47th and Carter of the 42nd offered the following amendment #9: Amend the committee substitute LC 34 3830ER-ECS to HB 487 by inserting after line 181 the following: (C) Each municipality and each county in this state may by local ordinance prohibit any or all Class B machine, as defined and provided for in this Section, to operate within its boundaries. On the adoption of the amendment, there were no objections, and the Dugan, et al. amendment #9 to the committee substitute was adopted. Senator Heath of the 31st, Dugan of the 30th and Carter of the 42nd offered the following amendment #10: Amend the committee substitute LC 34 3830 ER-ECS to HB 487 by striking ", to a maximum of 10 percent" from line 962. 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 12, nays 27, and the Heath, et al. amendment #10 to the committee substitute was lost. 1594 JOURNAL OF THE SENATE Senators Seay of the 34th and Carter of the 42nd offered the following amendment #11: Amend the committee substitute LC 34 3830ER-ECS to HB 487 by on line 953, replacing "47.5" with "45"; on line 954, replacing "52.5" with "55"; on line 956, replacing "5" with "10"; on line 957, replacing "47.5" with "45"; on line 961, replacing "1" with "2"; on line 962, replacing "10" with "20". 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 14, nays 27, and the Seay, Carter of the 42nd amendment #11 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 N Balfour Y Beach Y Bethel Y Burke Y Butler N Carter, B N Carter, J Y Chance N Cowsert N Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Golden Y Gooch Y Harbison Y Harper N Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson N Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B Y Jones, E N Ligon N Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Ramsey Seay Y Shafer Y Sims Y Staton E Stone E Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson N Williams THURSDAY, MARCH 14, 2013 1595 On the passage of the bill, the yeas were 35, nays 16. HB 487, having received the requisite constitutional majority, was passed by substitute. The following resolution was read and put upon its adoption: HR 738. 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 2013 regular session of the General Assembly for the period of Wednesday, March 20, 2013, through Thursday, March 28, 2013, shall be as follows: Wednesday, March 20...............................................in session for legislative day 35 Thursday, March 21 ..................................................in session for legislative day 36 Friday, March 22.......................................................in session for legislative day 37 Saturday, March 23 through Sunday, March 24 .......in adjournment Monday, March 25....................................................in session for legislative day 38 Tuesday, March 26....................................................in session for legislative day 39 Wednesday, March 27...............................................in adjournment Thursday, March 28 ..................................................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 Chance of the 16th moved that the Senate stand adjourned pursuant to HR 548 until 10:00 a.m. Wednesday, March 20, 2013; the motion prevailed, and at 1:49 p.m. the President announced the Senate adjourned. 1596 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 20, 2013 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 and Senate: HB 569. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 570. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 WEDNESDAY, MARCH 20, 2013 1597 HB 573. HB 574. HB 576. HB 578. (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes. By Representatives Dickson of the 6th, Broadrick of the 4th and Neal of the 2nd: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Whitfield County; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A. shall not apply to the offer, sale, or issuance of the boards' 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. By Representatives Riley of the 50th, Martin of the 49th, Dudgeon of the 25th, Rice of the 95th and Willard of the 51st: A BILL to be entitled an Act to amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to clarify the cap on changing the millage rate for ad valorem property taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Harden of the 148th: A BILL to be entitled an Act to create a board of elections and registration for Wilcox County and to provide for its powers and duties; to provide for definitions; 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. By Representatives Harbin of the 122nd, Fleming of the 121st, Sims of the 123rd and McCall of the 33rd: A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4471), as amended, so as to revise the time for vesting in such program; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes. 1598 JOURNAL OF THE SENATE SB 81. By Senators Wilkinson of the 50th, Ginn of the 47th and Gooch of the 51st: A BILL to be entitled an Act to amend Code Section 12-6-152 of the Official Code of Georgia Annotated, relating to prohibited acts regarding harvesting ginseng, so as to shorten the legal season for harvesting ginseng; 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 61. By Senator Stone of the 23rd: 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 change the 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 exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 66. By Senators Stone of the 23rd, McKoon of the 29th, Crosby of the 13th, Jackson of the 24th, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 193. By Senators Cowsert of the 46th, McKoon of the 29th, Tippins of the 37th, Bethel of the 54th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 20, 2013 1599 The House has agreed to the Senate substitute to the following Bills of the House: HB 101. By Representatives Epps of the 144th, McCall of the 33rd, Jasperse of the 11th, Holmes of the 129th, Harden of the 148th and others: A BILL to be entitled an Act to amend Code Section 26-2-370 of the Official Code of Georgia Annotated, relating to definitions relative to food service establishments, so as to exclude certain events held by nonprofit organizations from the definition of "food service establishment"; to amend Code Section 26-2-391 of the Official Code of Georgia Annotated, relating to permits for nonprofit food sales and food service at events, so as to allow counties or municipalities to delegate permitting authority to the local board of health; to repeal conflicting laws; and for other purposes. HB 198. By Representatives Smith of the 134th, Meadows of the 5th, Maxwell of the 17th, Shaw of the 176th, Abrams of the 89th 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 licensing of health insurance navigators under the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for the powers and duties of the Commissioner of Insurance with respect to the foregoing; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 202. By Representatives Epps of the 144th, Roberts of the 155th and Shaw of the 176th: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for requirements for performing value engineering studies; to provide for criteria for the allocation of federal and state funds by the Department of Transportation; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 254. By Representatives Williamson of the 115th, Shaw of the 176th, Rice of the 95th, Harbin of the 122nd, Teasley of the 37th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to uniform rules of the road, so as to provide that electronic proof of insurance may be accepted under certain circumstances; to provide for a definition; to provide that an insurance company may issue coverage 1600 JOURNAL OF THE SENATE information in electronic format on a mobile electronic device of insurance coverage in lieu of issuing a card; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 254. By Senator Harper of the 7th: A BILL to be entitled an Act to create a board of elections and registration for Irwin County and to provide for its powers and duties; 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. SB 255. By Senator Hill of the 6th: 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 enact the "Partnership for Public Facilities and Infrastructure Act"; to provide for legislative intent; 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 Transportation Committee. SR 579. By Senators Dugan of the 30th and Heath of the 31st: A RESOLUTION honoring the life of Mr. Pleasant Eugene Holt and dedicating a road in his memory; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 569. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said WEDNESDAY, MARCH 20, 2013 1601 court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 570. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th, Randall of the 142nd and Beverly of the 143rd: A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 573. By Representatives Dickson of the 6th, Broadrick of the 4th and Neal of the 2nd: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Whitfield County; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A. shall not apply to the offer, sale, or issuance of the boards' 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 574. By Representatives Riley of the 50th, Martin of the 49th, Dudgeon of the 25th, Rice of the 95th and Willard of the 51st: A BILL to be entitled an Act to amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to clarify the cap on changing the millage rate for ad valorem property taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1602 JOURNAL OF THE SENATE HB 576. By Representative Harden of the 148th: A BILL to be entitled an Act to create a board of elections and registration for Wilcox County and to provide for its powers and duties; to provide for definitions; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 578. By Representatives Harbin of the 122nd, Fleming of the 121st, Sims of the 123rd and McCall of the 33rd: A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4471), as amended, so as to revise the time for vesting in such program; to provide for related matters; to provide for intent; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Banking and Financial Institutions Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 289 Do Pass Respectfully submitted, Senator Crosby of the 13th District, Chairman The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor WEDNESDAY, MARCH 20, 2013 1603 March 14, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Steve Gooch and Senator Donzella James to serve as Ex-Officio members for the Senate Banking and Financial Institutions Committee meeting on March 14, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President 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 131 HB 337 HB 354 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Tippins of the 37th 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 193 HB 211 HB 318 HB 399 Do Pass by substitute Do Pass Do Pass by substitute Do Pass HB 197 HB 304 HB 359 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Hill of the 32nd District, Chairman 1604 JOURNAL OF THE SENATE The following communication was received by the Secretary: Hughes, Allison From: Sent: To: Cc: Subject: Attachments: Senator Hill, Hughes, Allison Friday, March 15, 2013 9:59 AM Hill, Judson LaClair, Judy Minority Report- Sen. Bill Heath Minority Report- Finance Meeting 3.14.pdf Please see the attached file for a copy of a letter from Senator Heath noting his intent to file a minority report in regard to the Senate Finance Committee meeting on March 14th, 2013. Thanks, Allison Hughes Legislative Assistant Georgia State Senate 110 State Capitol Atlanta, Georgia 30334 Senator Bill Heath Senator Hardie Davis 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 208 HB 302 HB 513 Do Pass Do Pass by substitute Do Pass by substitute HB 209 HB 511 HR 603 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman WEDNESDAY, MARCH 20, 2013 1605 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 179 HB 240 HB 312 HB 375 HB 393 Do Pass Do Pass Do Pass Do Pass Do Pass HB 229 HB 246 HB 361 HB 389 HB 458 Do Pass Do Pass by substitute Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Golden of the 8th District, Chairman The following communications were received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 14, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Brandon Beach to serve as Ex-Officio for the Senate Insurance and Labor Committee meeting on March 14, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate 1606 JOURNAL OF THE SENATE OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 19, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Mike Dugan to serve as Ex-Officio for the Senate Insurance and Labor Committee meeting on March 19, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 March 19, 2013 WEDNESDAY, MARCH 20, 2013 1607 Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Rick Jeffares to serve as Ex-Officio for the Senate Insurance and Labor Committee meeting on March 19, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 161 HB 296 HB 446 Do Pass Do Pass by substitute Do Pass HB 175 Do Pass HB 336 Do Pass Respectfully submitted, Senator McKoon of the 29th 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 177 HB 207 HB 276 HB 402 Do Pass Do Pass by substitute Do Pass by substitute Do Pass HB 199 HB 226 HB 381 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman 1608 JOURNAL OF THE SENATE Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 323 HB 366 HB 475 Do Pass by substitute Do Pass Do Pass HB 365 Do Pass HB 407 Do Pass by substitute Respectfully submitted, Senator Carter of the 1st District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 331 SR 499 Do Pass by substitute Do Pass SR 427 Do Pass SR 510 Do Pass Respectfully submitted, Senator Mullis of the 53rd 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 171 HB 241 HB 443 HB 525 HB 551 HB 558 Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass HB 224 HB 347 HB 471 HB 534 HB 557 SB 238 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman WEDNESDAY, MARCH 20, 2013 1609 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 400 HB 537 HB 540 Do Pass Do Pass Do Pass HB 536 Do Pass HB 539 Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd 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 384 HB 486 HB 494 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Gooch of the 51st District, Chairman The following legislation was read the second time: HB 21 HB 146 HB 238 HB 317 HR 205 HB 68 HB 178 HB 242 HB 345 HR 502 HB 71 HB 192 HB 268 HB 349 SR 247 HB 83 HB 194 HB 287 HB 473 SR 340 HB 94 HB 232 HB 298 HB 480 SR 345 HB 141 HB 235 HB 315 HB 517 The following Senators were excused for business outside the Senate Chamber: Jones of the 10th Murphy of the 27th Thompson of the 33rd The roll was called and the following Senators answered to their names: Albers Beach Bethel Golden Gooch Harbison McKoon Millar Miller 1610 JOURNAL OF THE SENATE Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Harper Heath Henson Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Ligon Loudermilk Lucas Not answering were Senators: Balfour Jones, E. (Excused) Thompson, S. (Excused) Hill, H. Murphy (Excused) Tippins Mullis Orrock Ramsey Seay Shafer Staton Stone Tate Thompson, C Tolleson Unterman Wilkinson Hill, Jack Sims Williams The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Hill, H. Millar The following communication was received by the Secretary: Senator Freddie Powell Sims District 12 110-A State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Education and Youth Appropriations Natural Resources and the Environment Retirement The State Senate Atlanta, Georgia 30334 Dear Mr. Secretary, On Wednesday, March 20, 2013, I was present in Chambers, but not there for roll call. WEDNESDAY, MARCH 20, 2013 1611 Thank you for your attention to this matter. Sincerely, /s/ Freddie Powell Sims District 12 The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Hufstetler of the 52nd introduced the chaplain of the day, Pastor Carey Ingram of Rome, Georgia, who offered scripture reading and prayer. The President recognized and honored Georgia Department of Education's Green Ribbon Schools. Senator Tate of the 38th introduced the doctor of the day, Dr. Thaddeus K. Lynn. Senator Gooch of the 51st recognized and commended Change 4 Georgia and Remington Youngblood, commended by SR 546, adopted previously. Remington Youngblood addressed the Senate briefly. Senator Hill of the 4th recognized Dr. Archie Rainey, commended by SR 425, adopted previously. Senator Hill of the 4th recognized and commended Deputy Jason Michael Ross, commended by SR 426, adopted previously. Deputy Jason Michael Ross addressed the Senate briefly. Senator Staton of the 18th commended Habitat for Humanity and recognized March 20, 2013, as "Habitat for Humanity Day" at the state capitol, commended by SR 512, adopted previously. Harold Tessendorf addressed the Senate briefly. Senator Mullis of the 53rd recognized and congratulated the Fort Oglethorpe Recreation Association Lakeview Warriors baseball team for their outstanding 2011 and 2012 seasons, commended by SR 532, adopted previously. Senator Mullis of the 53rd recognized and congratulated the Trion High School competition cheerleading team for their 2012 GHSA Class A Public Cheerleading Championship win, commended by SR 556, adopted today. 1612 JOURNAL OF THE SENATE Senator Unterman of the 45th asked unanimous consent that the following bill be withdrawn from the Senate State and Local Governmental Operations (General) Committee and committed to the Senate Health and Human Services Committee: HB 538. By Representatives Sims of the 169th and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of health, so as to repeal a provision based upon population relative to the superintendent of the largest municipal school system in certain counties serving on the county board of health ex officio; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 538 was committed to the Senate Health and Human Services Committee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 20, 2013 Thirty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 238 Beach of the 21st Gooch of the 51st CITY OF NELSON A BILL to be entitled an Act to amend an Act creating a new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615), as amended, so as to revise certain provisions relating to the powers and duties of the mayor; to add powers of the city council regarding city employees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 171 HB 224 WEDNESDAY, MARCH 20, 2013 1613 Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th FULTON COUNTY 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. 1880-81, p. 508), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for the continuation in office of current members; to provide for qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; 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. Harper of the 7th COFFEE COUNTY A BILL to be entitled an Act to reestablish the Board of Commissioners of Coffee County; to supersede the laws pertaining to the governing authority of Coffee County; to provide for the powers of the board of commissioners, the composition of the board of commissioners, election districts, qualifications of commissioners, terms of office for commissioners, filling vacancies, meetings, a quorum, the responsibilities of the chairperson, a vice chairperson, and the vice chairperson's responsibilities; to provide for oaths, bonds, budgets, audits, a county manager, a clerk, minutes, and compensation and expenses of commissioners; to provide for submission for approval pursuant to the federal Voting Rights Act of 1614 HB 241 HB 347 JOURNAL OF THE SENATE 1965; to provide for the repeal of existing enabling legislation and other conflicting laws; to provide for related matters; and for other purposes. Hill of the 6th Orrock of the 36th Tate of the 38th Fort of the 39th Carter of the 42nd Davenport of the 44th ATLANTA BOARD OF EDUCATION A BILL to be entitled an Act to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), 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 provide for effective dates; to repeal conflicting laws; and for other purposes. SUBSTITUTE Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th FULTON COUNTY A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 443 HB 471 HB 525 WEDNESDAY, MARCH 20, 2013 1615 Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th FULTON COUNTY A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; 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. Hufstetler of the 52nd Bethel of the 54th CITY OF CALHOUN A BILL to be entitled an Act to authorize the governing authority of the City of Calhoun to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 4th CITY OF STATESBORO A BILL to be entitled an Act to authorize the governing authority of the City of Statesboro to increase the excise tax levied 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. 1616 HB 551 JOURNAL OF THE SENATE Jeffares of the 17th CITY OF LOCUST GROVE A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Locust Grove, Georgia, in the county of Henry, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, to change the corporate limits of such city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 557 Ginn of the 47th CITY OF DANIELSVILLE A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3714), so as to provide for staggered, four-year terms for the mayor and council; to provide that the city clerk may serve as the city treasurer; to provide that the municipal judge shall be a licensed attorney; to provide that the office of elected officials of the city shall be vacated under certain circumstances; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 558 Ginn of the 47th CITY OF COLBERT A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3909), so as to provide for staggered, four-year terms of office for the mayor and council; 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 534 WEDNESDAY, MARCH 20, 2013 1617 Crosby of the 13th CITY OF TIFTON A BILL to be entitled an Act to amend an Act providing for homestead exemptions from ad valorem taxes for city purposes for certain residents of the City of Tifton, approved March 30, 1993 (Ga. L. 1993, p. 4278), so as to change the amount of the homestead exemption for residents aged 65 or older; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 4-2.9(b), Senator Tate of the 38th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 171, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Tate of the 38th /s/ Fort of the 39th /s/ Orrock of the 36th Date: March 19, 2013 Pursuant to Senate Rule 4-2.9(b), HB 171 was placed on the Senate Local Contested Calendar for today. Pursuant to Senate Rule 4-2.9(b), Senator Tate of the 38th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 347, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Tate of the 38th /s/ Fort of the 39th /s/ Orrock of the 36th Date: March 19, 2013 Pursuant to Senate Rule 4-2.9(b), HB 347 was placed on the Senate Local Contested Calendar for today. 1618 JOURNAL OF THE SENATE Pursuant to Senate Rule 4-2.9(b), Senator Tate of the 38th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 443, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Tate of the 38th /s/ Fort of the 39th /s/ Orrock of the 36th Date: March 19, 2013 Pursuant to Senate Rule 4-2.9(b), HB 443 was placed on the Senate Local Contested Calendar for today. The substitute to the following bill was put upon its adoption: *HB 241: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 241: A BILL TO BE ENTITLED AN ACT To amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), 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 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 to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), is amended by revising Section 2-103 as follows: "SECTION 2-103. Elections; education districts. (a) The Board of Education of the City of Atlanta which existed on December 31, 2012, is continued in existence. The board so continued shall continue to have the WEDNESDAY, MARCH 20, 2013 1619 powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. (b) Those members of the board who are serving as such on the effective date of this Act for election purposes in 2013 and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire December 31, 2013, and upon the election and qualification of their respective successors. (c) For purposes of electing members of the board of education, other than the three atlarge members, the City of Atlanta School District is divided into six education districts. One member of the board shall be elected from each such district. The six education districts shall be composed respectively of contiguous paired council districts of the city and shall be and correspond to those six numbered districts described in Appendix I and attached to and made a part of this Act and further identified as 'Plan Name: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina'. The three at-large positions shall be designated as Education Districts 7, 8, and 9, respectively. (d)(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 Atlanta School District which is not included in any district described in subsection (c) 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 the City of Atlanta School District which is described in subsection (c) 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. (e) In order to be elected as a member of the board from Education District 1, 2, 3, 4, 5, or 6, 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 education 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 an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person 1620 JOURNAL OF THE SENATE elected or appointed as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall become vacant. (f) The member of the board who represents Education District 7 shall reside in Education District 1 or 2; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected atlarge by all the voters of the school district. The member of the board who represents Education District 8 shall reside in Education District 3 or 4; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected at-large by all the voters of the school district. The member of the board who represents Education District 9 shall reside in Education District 5 or 6; shall continue to reside in one of such districts during such member's term of office or such office shall become vacant; and shall be elected at-large by all the voters of the school district. (g) Successors to members of the board whose terms of office are to expire shall be elected at the time of the general municipal 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. (h) 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 2. Said Act is further amended by striking the district plan contained in Appendix I of such Act and inserting in lieu thereof the plan attached to and made a part of this Act and further identified as 'Plan Name: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina'. SECTION 3. The Board of Education of the City of Atlanta 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. For the purposes of conducting elections for successors to the present Board of Education of the City of Atlanta in 2013, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2014. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 20, 2013 Plan: AtlantaSB-2012 Plan Type: Local Administrator: Atlanta SB User: Gina District 001 DeKalb County VTD: 089EE - EPWORTH (ATL) 020200: 1017 020300: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 020400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 089LE - MARY LIN ELEM 020200: 2013 2014 020400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 Fulton County VTD: 12101A - 01A 005000: 1009 1010 1011 1012 1013 1014 1015 1022 1023 1024 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 005200: 3010 3011 3030 005300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 VTD: 12101B - 01B VTD: 12101C - 01C 006400: 1000 1001 1002 1013 1014 1016 1017 006700: 1000 1001 1002 1003 1004 1005 1016 1017 1018 1027 1028 1032 1033 1034 1035 1036 1037 1038 1039 007001: 3000 3001 1621 1622 JOURNAL OF THE SENATE 007002: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 4000 4001 4002 4005 4006 4007 4008 4009 VTD: 12101D - 01D VTD: 12101E - 01E VTD: 12101F - 01F VTD: 12101G - 01G VTD: 12101J - 01J VTD: 12101P1 - 01P1 VTD: 12101P2 - 01P2 VTD: 12101R - 01R VTD: 12101S - 01S VTD: 12101T - 01T VTD: 12102B - 02B 001900: 1003 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 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2057 2058 2059 2060 2061 002100: 1019 1020 011900: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 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 2055 2079 2080 VTD: 12102C - 02C 001800: 1002 1003 1004 1005 2000 2001 3000 3001 3002 3003 3004 VTD: 12102D - 02D 001700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1022 1023 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 001800: 1000 1001 2002 2003 2004 2005 2006 002900: 1003 1004 VTD: 12102E - 02E VTD: 12102F1 - 02F1 VTD: 12102F2 - 02F2 WEDNESDAY, MARCH 20, 2013 VTD: 12102G - 02G VTD: 12102L1 - 02L1 VTD: 12102L2 - 02L2 VTD: 12102S - 02S 002800: 2000 2001 2003 2004 002900: 1009 1015 1016 1026 1028 1029 1032 1033 1034 1035 1036 011900: 1000 1001 1002 1003 1004 1005 1010 1011 1012 1013 1014 1022 1023 VTD: 12102W - 02W 000500: 1073 1074 1082 1083 VTD: 12105B - 05B 003500: 1014 1015 1016 1017 1018 1023 1025 1027 1028 1038 1041 004800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1021 1023 1024 1025 VTD: 12105C - 05C 011900: 2054 2056 2074 2075 2076 2077 2078 2081 2084 2085 2087 VTD: 12106A - 06A VTD: 12106G - 06G 001300: 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 3000 3001 3002 3003 3004 3005 3006 3007 VTD: 12106K - 06K District 002 Fulton County VTD: 12102A - 02A VTD: 12102J - 02J VTD: 12102W - 02W 000500: 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 1623 1624 JOURNAL OF THE SENATE 1072 1075 1076 1077 1078 1080 000600: 1000 1013 1014 VTD: 12102X - 02X VTD: 12103A1 - 03A1 VTD: 12103A2 - 03A2 VTD: 12103B1 - 03B1 VTD: 12103B2 - 03B2 VTD: 12103C - 03C VTD: 12103D - 03D VTD: 12103E - 03E VTD: 12103F - 03F VTD: 12103G - 03G VTD: 12103H - 03H VTD: 12103L - 03L VTD: 12103M - 03M 000700: 1000 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 008800: 1065 1069 1070 008902: 3027 VTD: 12103N - 03N VTD: 12103P1 - 03P1 VTD: 12103P2 - 03P2 VTD: 12103S - 03S VTD: 12103T - 03T VTD: 12103U - 03U VTD: 12104A - 04A VTD: 12104B - 04B VTD: 12104D - 04D VTD: 12104G - 04G VTD: 12104K - 04K VTD: 12104L - 04L VTD: 12104M - 04M 006602: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 VTD: 12104S - 04S VTD: 12104T - 04T WEDNESDAY, MARCH 20, 2013 VTD: 12104V - 04V VTD: 12104W - 04W VTD: 12104X1 - 04X1 VTD: 12104X2 - 04X2 District 003 DeKalb County VTD: 089BB - BOULEVARD (ATL) VTD: 089BC - BRIAR VISTA ELEMENTARY 020100: 1015 VTD: 089BR - BURGESS ELEMENTARY VTD: 089CN - COAN MIDDLE VTD: 089EA - EAST LAKE ELEM VTD: 089EE - EPWORTH (ATL) 020200: 1013 1014 1015 1016 020300: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 022403: 1033 VTD: 089JA - JOHNSON ESTATES VTD: 089LE - MARY LIN ELEM 020200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1018 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 020300: 1000 022401: 3013 VTD: 089MT - METROPOLITAN VTD: 089OK - OAKHURST (DEC) 020300: 3010 022403: 1031 VTD: 089WE - WHITEFOORD ELEMENTARY Fulton County VTD: 12101A - 01A 1625 1626 JOURNAL OF THE SENATE 005200: 3038 VTD: 12102B - 02B 001900: 2040 2055 2056 011900: 2000 2023 2024 2026 VTD: 12102C - 02C 001800: 1006 1007 1010 1011 VTD: 12102D - 02D 001700: 1021 001800: 1012 1013 VTD: 12102S - 02S 001800: 1008 1009 002800: 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 2002 2005 2006 2007 2008 2009 2010 002900: 1007 1008 VTD: 12105A - 05A VTD: 12105B - 05B 003500: 1001 1009 1010 1011 1012 1013 1029 1030 VTD: 12105C - 05C 011900: 2057 2058 2059 2060 2061 2082 2083 VTD: 12105F - 05F VTD: 12106B - 06B VTD: 12106D - 06D VTD: 12106E - 06E VTD: 12106F - 06F VTD: 12106G - 06G 001300: 1001 1007 1008 1009 1010 1011 1012 1013 1014 VTD: 12106H - 06H VTD: 12106J - 06J VTD: 12106L - 06L WEDNESDAY, MARCH 20, 2013 VTD: 12106R - 06R VTD: 12106S - 06S VTD: 12107E - 07E 009200: 3015 009402: 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 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 12107K1 - 07K1 000500: 3000 3001 3014 009102: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2001 2002 2003 2004 2005 2006 3000 VTD: 12107K2 - 07K2 District 004 DeKalb County VTD: 089SE - SILVER LAKE 021102: 2012 Fulton County VTD: 12107A - 07A VTD: 12107B - 07B VTD: 12107C - 07C VTD: 12107D - 07D VTD: 12107E - 07E 009404: 1000 1001 1002 1003 1004 1005 1006 1007 2013 2014 2015 2016 3000 3001 3002 3003 3004 3005 3006 VTD: 12107F - 07F VTD: 12107G - 07G VTD: 12107H - 07H VTD: 12107J - 07J VTD: 12107K1 - 07K1 009102: 2000 VTD: 12107M1 - 07M1 VTD: 12107M2 - 07M2 VTD: 12107N - 07N VTD: 12108A - 08A 1627 1628 JOURNAL OF THE SENATE 009700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1025 009802: 1008 1009 1010 2002 2005 2007 2009 2011 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 010206: 1023 1024 1029 VTD: 12108B - 08B 009900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2000 2001 2002 2003 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 010206: 1022 010211: 1003 1004 1009 1010 1011 1013 1014 1015 1016 1017 2011 2012 2013 2014 2015 2016 2017 2018 2019 2028 2029 2030 2033 2034 VTD: 12108C - 08C VTD: 12108D - 08D VTD: 12108E - 08E VTD: 12108F - 08F VTD: 12108G - 08G VTD: 12108H - 08H VTD: 12108J - 08J VTD: 12108K - 08K VTD: 12108L - 08L VTD: 12108M - 08M VTD: 12108N - 08N VTD: 12108P - 08P 008902: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 3000 3001 3002 3003 3004 3005 3006 3016 3017 District 005 Fulton County VTD: 12103M - 03M 008800: 1063 VTD: 12103R - 03R VTD: 12108P - 08P WEDNESDAY, MARCH 20, 2013 008902: 3007 3008 3009 3010 3011 3012 3013 3014 3015 3018 3019 3020 3021 3026 4009 4010 4011 4012 4020 4021 4022 4023 4024 4025 4026 VTD: 12109A - 09A VTD: 12109B - 09B 008202: 3000 3001 3002 4000 4001 4007 008602: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2020 008700: 1028 VTD: 12109C - 09C VTD: 12109D - 09D VTD: 12109E - 09E VTD: 12109F - 09F VTD: 12109G - 09G VTD: 12109K - 09K VTD: 12109L - 09L 008602: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2014 2015 2016 2017 2018 2019 008700: 1006 1007 1008 1009 1010 1013 1014 1015 1016 1017 1018 1019 1020 1027 1029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 12109M - 09M VTD: 12109N - 09N VTD: 12110A - 10A VTD: 12110C - 10C VTD: 12110D - 10D VTD: 12110E - 10E VTD: 12110F - 10F VTD: 12110G - 10G VTD: 12110H - 10H VTD: 12110J - 10J VTD: 12110L - 10L VTD: 12110M1 - 10M1 VTD: 12110M2 - 10M2 VTD: 12110P - 10P VTD: 12110R - 10R VTD: 12111A1 - 11A1 1629 1630 JOURNAL OF THE SENATE VTD: 12111A2 - 11A2 VTD: 12111A3 - 11A3 VTD: 12111B1 - 11B1 007900: 3021 3033 3034 3035 VTD: 12111H1 - 11H1 District 006 Fulton County VTD: 12101C - 01C 007001: 1000 VTD: 12104E - 04E VTD: 12104H - 04H VTD: 12104M - 04M 006602: 1017 1018 VTD: 12111B1 - 11B1 007704: 3001 3002 3003 3004 3007 007802: 1005 1007 1010 1012 1014 1015 1030 1031 1032 4000 4001 4002 4003 VTD: 12111B2 - 11B2 VTD: 12111C - 11C VTD: 12111E1 - 11E1 VTD: 12111E2 - 11E2 VTD: 12111E3 - 11E3 007706: 3041 3042 3043 3044 3045 3050 VTD: 12111E4 - 11E4 007706: 2022 2024 2025 VTD: 12111G - 11G VTD: 12111H2 - 11H2 VTD: 12111J - 11J VTD: 12111K - 11K VTD: 12111L - 11L VTD: 12111M - 11M VTD: 12111N - 11N VTD: 12111P - 11P VTD: 12111R - 11R VTD: 12112A - 12A WEDNESDAY, MARCH 20, 2013 1631 VTD: 12112B - 12B VTD: 12112C - 12C VTD: 12112D - 12D 006601: 2028 007500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 3002 4000 4001 4002 4003 4004 4005 4006 4007 VTD: 12112E1 - 12E1 VTD: 12112E2 - 12E2 VTD: 12112F - 12F VTD: 12112G - 12G VTD: 12112H - 12H VTD: 12112J - 12J VTD: 12112L - 12L VTD: 12112M - 12M VTD: 12112S - 12S VTD: 12112T - 12T VTD: 121EP08A - EP08A 007706: 3046 3047 3048 VTD: 121HP01 - HP01 980000: 1023 VTD: 121SC30 - SC30 007802: 1008 1009 1013 1017 1033 1034 On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Harbison Y Harper Heath Y Henson Y Hill, H Miller Mullis E Murphy Y Orrock Y Ramsey 1632 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 Dugan Y Fort Y Ginn Y Golden Y Gooch Y Hill, Jack Y Hill, Judson Hufstetler Jackson, B Jackson, L Y James Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Seay Shafer Sims Y Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the local bills, the yeas were 42, nays 0. The bills on the Local Consent Calendar, except HB 241, having received the requisite constitutional majority, were passed. HB 241, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd moved that HB 171 be placed on the Table. Senator Albers of the 56th objected. On the motion the yeas were 35, nays 5; the motion prevailed, and HB 171 was placed on the Table. Senator Hill of the 32nd moved that HB 347 be placed on the Table. Senator Albers of the 56th objected. On the motion the yeas were 35, nays 5; the motion prevailed, and HB 347 was placed on the Table. Senator Hill of the 32nd moved that HB 443 be placed on the Table. Senator Albers of the 56th objected. On the motion the yeas were 35, nays 5; the motion prevailed, and HB 443 was placed on the Table. WEDNESDAY, MARCH 20, 2013 1633 The following resolutions were read and adopted: SR 547. By Senator Jones of the 10th: A RESOLUTION recognizing and commending the Eagle's Landing High School boys basketball team on their 2013 GHSA Class AAAA State Championship win; and for other purposes. SR 548. By Senator Jones of the 10th: A RESOLUTION recognizing and commending Joel Pollack; and for other purposes. SR 549. By Senator Carter of the 42nd: A RESOLUTION commending Youth Villages and recognizing March 14, 2013, as Youth Villages Georgia Day at the state capitol; and for other purposes. SR 550. By Senator Jones of the 25th: A RESOLUTION honoring the life and memory of Mr. Randale Johnson; and for other purposes. SR 551. By Senator Jones of the 25th: A RESOLUTION recognizing and commending Mr. Luke Penn Weaver on the occasion of his retirement; and for other purposes. SR 552. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Mr. Shyam K. Reddy; and for other purposes. SR 553. By Senator Jackson of the 2nd: A RESOLUTION honoring the life and memory of Mrs. Edith Bynum; and for other purposes. SR 554. By Senators Albers of the 56th and Beach of the 21st: A RESOLUTION recognizing and commending the Fulton County School System; and for other purposes. 1634 JOURNAL OF THE SENATE SR 555. By Senator Albers of the 56th: A RESOLUTION recognizing and commemorating the kickoff of the Great American Cleanup in Georgia, the Keep Georgia Beautiful Foundation, and the 75 local Keep America Beautiful affiliates who organize thousands of volunteers to improve communities statewide; and for other purposes. SR 556. By Senators Mullis of the 53rd and Hufstetler of the 52nd: A RESOLUTION congratulating the Trion High School competition cheerleading team for their 2012 GHSA Class A Public Cheerleading Championship win; and for other purposes. SR 557. By Senator Mullis of the 53rd: A RESOLUTION congratulating the Gordon Lee High School Lady Trojans basketball team on winning the Georgia High School Association Class A Public State Championship; and for other purposes. SR 558. By Senators Butler of the 55th, Unterman of the 45th, Balfour of the 9th, Thompson of the 5th and Henson of the 41st: A RESOLUTION congratulating Dr. Carol Terry on receiving the 2012 Coroner/Medical Examiner of the Year award; and for other purposes. SR 559. By Senator Unterman of the 45th: A RESOLUTION recognizing the week of May 12, 2013 to May 18, 2013, as National Nursing Home Week; and for other purposes. SR 560. By Senator Unterman of the 45th: A RESOLUTION recognizing March 21, 2013, as Georgia Surgeons' Day at the capitol; and for other purposes. SR 561. By Senators Seay of the 34th, Chance of the 16th, Butler of the 55th, Henson of the 41st and Davenport of the 44th: A RESOLUTION recognizing and commending Outspoken Therapy Services, Inc., on the occasion of the organization's tenth anniversary; and for other purposes. WEDNESDAY, MARCH 20, 2013 1635 SR 562. By Senators Gooch of the 51st, Miller of the 49th, Mullis of the 53rd and Wilkinson of the 50th: A RESOLUTION congratulating the White County High School WTVN Warrior TV broadcast team on their first place win at the 2013 Student Television National Convention; and for other purposes. SR 563. By Senator James of the 35th: A RESOLUTION recognizing and commending African Leadership Magazine and Dr. Ken Giami, editor-in-chief, on their inaugural international business forum; and for other purposes. SR 564. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Lillie Mae Barnett Williams; and for other purposes. SR 565. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION congratulating the Miller Grove High School varsity boys basketball team on winning their fifth consecutive state championship; and for other purposes. SR 566. By Senator Miller of the 49th: A RESOLUTION commending the Gainesville High School girls golf team on their Class AAA State Championship win; and for other purposes. SR 567. By Senator Miller of the 49th: A RESOLUTION congratulating the Gainesville High School golf team on their 2012 Class AAA State Championship win; and for other purposes. SR 568. By Senator Miller of the 49th: A RESOLUTION congratulating the Gainesville High School Red Elephants football team on their 2012 Class AAAAA State Championship win; and for other purposes. SR 569. By Senator Shafer of the 48th: A RESOLUTION commending the 2013 Senate Aides for their exemplary service; and for other purposes. 1636 JOURNAL OF THE SENATE SR 570. By Senator Shafer of the 48th: A RESOLUTION commending the 2013 Senate Interns for their exemplary service; and for other purposes. SR 571. By Senator Jones of the 10th: A RESOLUTION recognizing and commending Agnelo dos Santos Queiroz Filho, Governor of the Federal District of Brasilia; and for other purposes. SR 572. By Senator Jones of the 10th: A RESOLUTION congratulating and commending Bishop Manoel Ferreira on the convening of the National Convention of the Assemblies of God in Brazil; and for other purposes. SR 573. By Senator Mullis of the 53rd: A RESOLUTION honoring the life and memory of Mr. Billy Douglas "Cotton" Morrison; and for other purposes. SR 574. By Senator Mullis of the 53rd: A RESOLUTION honoring the life and memory of William P. "Bill" Marshall; and for other purposes. SR 575. By Senator Mullis of the 53rd: A RESOLUTION honoring the life and memory of Harold Edward Brock, Sr.; and for other purposes. SR 576. By Senator Shafer of the 48th: A RESOLUTION recognizing and commending the Association of Private Sector Colleges and Universities; and for other purposes. SR 577. By Senator Shafer of the 48th: A RESOLUTION recognizing and commending QT Kitchens and the QuikTrip Corporation; and for other purposes. WEDNESDAY, MARCH 20, 2013 1637 SR 578. By Senators Tolleson of the 20th and Golden of the 8th: A RESOLUTION recognizing and commending Dr. Steve L. Rumford on the occasion of his retirement; and for other purposes. SR 580. By Senators Hill of the 6th, Albers of the 56th, Beach of the 21st and Dugan of the 30th: A RESOLUTION recognizing the Building Owners and Managers Association of Georgia for 100 years of excellence serving as the premier association for the commercial real estate industry; and for other purposes. SR 581. By Senators Hill of the 6th, Albers of the 56th, Dugan of the 30th and Beach of the 21st: A RESOLUTION commending the Rotary Club of Atlanta on its 100th anniversary and for its continued service in the community, the State of Georgia, and around the world; and for other purposes. Senator Chance of the 16th moved to engross HB 164, which was on today's Senate Rules Calendar. Senator Henson of the 41st objected. On the motion, the yeas were 29, nays 14; the motion prevailed, and HB 164 was engrossed. Senator Chance of the 16th moved to engross HB 371, which was on today's Senate Rules Calendar. Senator Henson of the 41st objected. On the motion, the yeas were 29, nays 11; the motion prevailed, and HB 371 was engrossed. Senator Albers of the 56th was excused for business outside the Senate Chamber. HB 256 SENATE RULES CALENDAR WEDNESDAY, MARCH 20, 2013 THIRTY-FIFTH LEGISLATIVE DAY Tobacco; regulation of cigar wraps; provide (SJUDY-30th) Harbin-122nd 1638 JOURNAL OF THE SENATE HB 103 Insurance; issuance of group life insurance policy to certain groups as approved by the Commissioner; allow (I&L-8th) Shaw-176th HB 164 Sales and use tax; exemption regarding sale or use of engines, parts, equipment or other property used in maintenance of certain aircraft; eliminate sunset (FIN-8th) Atwood-179th HB 350 Group-care facility operators; persons otherwise issued licenses as provided by law; provide exceptions (ED&Y-49th) Peake-141st HB 371 Motor fuel tax; define liquefied natural gas (FIN-6th) Harbin-122nd Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 256. By Representatives Harbin of the 122nd, Willard of the 51st, Powell of the 32nd, Pruett of the 149th and Abrams of the 89th: A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to provide for the regulation of cigar wraps; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Dugan of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson Miller Y Mullis E Murphy Y Orrock Y Ramsey Y Seay Y Shafer WEDNESDAY, MARCH 20, 2013 Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport N Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon N Loudermilk Y Lucas N McKoon Y Millar Y Sims Y Staton Y Stone 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 44, nays 6. HB 256, having received the requisite constitutional majority, was passed. 1639 The following communication was received by the Secretary: Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 Mr. Secretary, Please let the record reflect my favorable vote on HB 256. Thank you, /s/ Butch Miller 49 3/20/13 1640 JOURNAL OF THE SENATE The following resolution was read and adopted: SR 588. By Senator Lucas of the 26th: A RESOLUTION recognizing and commending the Wilkinson High School boys basketball team on their 2013 GHSA Class A State Championship win; and for other purposes. Senator Lucas of the 26th recognized the Wilkinson High School boys basketball team, commended by SR 588. The Calendar was resumed. HB 103. By Representatives Shaw of the 176th, Meadows of the 5th, Smith of the 134th, Golick of the 40th, Brockway of the 102nd 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. 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: E Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Miller Y Mullis E Murphy Y Orrock N Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C E Thompson, S WEDNESDAY, MARCH 20, 2013 1641 Y Davis Y Dugan Y Fort Y Ginn Y Golden N Gooch E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 6. HB 103, having received the requisite constitutional majority, was passed. HB 164. By Representatives Atwood of the 179th, Peake of the 141st, Smyre of the 135th, Knight of the 130th, Gordon of the 163rd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to eliminate the sunset from the exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator 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 GREG S. GRIFFIN State Auditor (404) 656-2174 February 26, 2013 Honorable Mickey Channell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 1642 JOURNAL OF THE SENATE SUBJECT: Fiscal Note House Bill 164 (LC 34 3634) Dear Chairman Channell: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: Under current Georgia law, the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of aircraft, provided that such aircraft is not registered in Georgia, is exempt from sales tax. This sales tax exemption expires on June 30, 2013. This bill would eliminate the sunset date and make this exemption permanent. Note that these items are tax exempt for the repair and maintenance of commercial carrier aircraft. Estimates for the revenue impact of this exemption has been documented in fiscal notes issued in previous fiscal years (most recently, fiscal notes on 2011 House Bill 234) and in the Georgia Tax Expenditure report. These estimates relied on high level data regarding aircraft maintenance employment and parts spending and share of out-of-state aircraft that are maintained in Georgia. These estimates place the state revenue loss in the range of $3.8 million to $7.5 million in 2012. Industry sources also provided specific data on two large entities that dominate the aircraft maintenance sector in Georgia. These data indicate that these companies combined would have charged customers $4.2 million in state sales tax in 2012 if this exemption had not been in effect. Local sales tax would have equaled $3.2 million. Assuming these two companies represent 90% of the overall Georgia aircraft maintenance market, the state sales tax revenue loss in 2012 would have been $4.6 million and the local revenue loss would have been $3.4 million. This estimate based on industry sourced data and market share assumption is in the lower half of the range using higher level data. The table below summarizes the estimates for state and local revenue losses due to making this exemption permanent beyond its June 30, 2013 sunset. These estimates use the 2012 industry sourced data as the basis and assume 5% growth to account for inflation and market expansion. State Local Revenue Loss ($M) Fiscal Year 2014 2015 2016 $ 5.1 $ 5.4 $ 5.6 $ 3.8 $ 4.0 $ 4.1 WEDNESDAY, MARCH 20, 2013 1643 Finally, there may be some ancillary tax revenue benefit from this legislation. To the extent that this exemption increases the number of out-of-state aircraft maintained in Georgia, tax revenues could increase due to rising employment in aircraft maintenance, increased overnight stays by flight crews, etc. It is expected, however, that this revenue would be small. Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, 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: E Albers N Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson N Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock N Ramsey Y Seay Y Shafer Sims Y Staton Y Stone N Tate Y Thompson, C E Thompson, S N Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 39, nays 12. HB 164, having received the requisite constitutional majority, was passed. 1644 JOURNAL OF THE SENATE HB 350. By Representatives Peake of the 141st, Hitchens of the 161st, Hatchett of the 150th, Ramsey of the 72nd, Coomer of the 14th and others: A BILL to be entitled an Act to amend Code Section 16-12-1.1 of the O.C.G.A., relating to child, family, or group-care facility operators prohibited from employing or allowing to reside or be domiciled persons with certain past criminal violations, so as to provide for exceptions for persons otherwise issued licenses as provided by law; to amend Chapter 1A of Title 20 of the O.C.G.A., relating to early care and learning; 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. Senator Tate of the 38th asked unanimous consent that she be excused from voting on HB 350 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Tate was excused. Senator Ramsey, Sr. of the 43rd asked unanimous consent that he be excused from voting on HB 350 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Ramsey 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 Beach Bethel Y Burke Y Butler Y Carter, B Y Carter, J N Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon N Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone E Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams WEDNESDAY, MARCH 20, 2013 1645 On the passage of the bill, the yeas were 44, nays 4. HB 350, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Ronnie Chance District 16 236 State Capitol Atlanta, GA 30334 Committees: Appropriations Economic Development Finance Reapportionment and Redistricting Regulated Industries and Utilities Rules Transportation Mr. Bob Ewing Secretary of Senate 353 State Capitol Atlanta, GA 30334 Mr. Ewing, The State Senate Atlanta, Georgia 30334 March 20, 2013 I am writing to inform you that my vote today was mistakenly recorded on House Bill 350. I voted yea, however it was recorded as a nay vote. I respectfully request that my vote be changed on the official record. Sincerely, /s/ Ronnie Chance HB 371. By Representatives Harbin of the 122nd, Parsons of the 44th, Peake of the 141st, Harrell of the 106th and Williamson of the 115th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to define liquefied natural gas for motor fuel tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. 1646 JOURNAL OF THE SENATE Senator Miller of the 49th asked unanimous consent that he be excused from voting on HB 371 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Miller 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 Beach Y Bethel Y Burke N Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon N Loudermilk Y Lucas N McKoon Y Millar E Miller Y Mullis E Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 46, nays 4. HB 371, having received the requisite constitutional majority, was passed. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Thursday, March 21, 2013. The motion prevailed, and the President announced the Senate adjourned at 12:45 p.m. THURSDAY, MARCH 21, 2013 1647 Senate Chamber, Atlanta, Georgia Thursday, March 21, 2013 Thirty-sixth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 568. By Representative Rynders of the 152nd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), so as to change the description of the council districts for the election of members of the city council to be consistent with the United States decennial census of 2010 for the State of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 571. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th and Randall of the 142nd: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes. 1648 JOURNAL OF THE SENATE HB 572. HB 577. HB 583. HB 584. HB 585. By Representative Harden of the 148th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to 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 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 Harden of the 148th: A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to 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. By Representatives Knight of the 130th and Yates of the 73rd: A BILL to be entitled an Act to authorize the Municipal Court of the City of Griffin to charge a technology fee for each civil case 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. By Representatives Rogers of the 10th, Hawkins of the 27th and Allison of the 8th: A BILL to be entitled an Act to provide a new charter for the City of Cleveland;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 Representative Jackson of the 128th: A BILL to be entitled an Act to provide a new charter for the City of Davisboro; 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 21, 2013 1649 HB 586. HB 587. HB 588. HB 592. 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 definitions and construction; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes. By Representatives Black of the 174th and Spencer of the 180th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Kingsland; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Bentley of the 139th: A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended, so as to provide for compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Parsons of the 44th, Ehrhart of the 36th, Golick of the 40th, Evans of the 42nd, Morgan of the 39th and others: A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy sheriff, the assistant chief deputy, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Nimmer of the 178th: A BILL to be entitled an Act to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the compensation of the judge and solicitorgeneral of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. 1650 JOURNAL OF THE SENATE HB 597. By Representative Pruett of the 149th: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for preclearance; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. HB 600. By Representatives Powell of the 171st and Taylor of the 173rd: A BILL to be entitled an Act to create the City of Bainbridge Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 602. By Representatives Cheokas of the 138th and Rynders of the 152nd: A BILL to be entitled an Act to create the Americus-Sumter County Land Bank Authority; to provide for its membership, terms of office, powers, duties, and authority; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 212. By Senators Mullis of the 53rd, Tippins of the 37th, Miller of the 49th, Butler of the 55th, Millar of the 40th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require schools to provide training in cardiopulmonary resuscitation and the use of an automated external defibrillator for students in grades seven through 12; to provide for a definition; to provide for requirements; to provide for monitoring; 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 120. By Senators Crosby of the 13th, Stone of the 23rd, Jackson of the 24th, Cowsert of the 46th and Bethel of the 54th: A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for THURSDAY, MARCH 21, 2013 1651 prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 136. By Senators Miller of the 49th, Unterman of the 45th, Murphy of the 27th, Sims of the 12th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Title 27 and Chapter 7 of Title 52 of the O.C.G.A., relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 255. By Representatives Rogers of the 10th, Powell of the 32nd, Hitchens of the 161st, Lumsden of the 12th, Benton of the 31st and others: A BILL to be entitled an Act to amend Code Section 40-1-102 of the Official Code of Georgia Annotated, relating to certification as a prerequisite to the operation of a motor carrier of passengers or household goods or property and minimum insurance requirement, and Article 6A of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the federal Unified Carrier Registration Act of 2005, so as to transfer the administration responsibilities of the federal Unified Carrier Registration Act of 2005 from the Department of Revenue to the Department of Public Safety, to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 234. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd: A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide 1652 JOURNAL OF THE SENATE for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; 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 256. By Senators Jackson of the 2nd and 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 Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide that the chief magistrate of Chatham County shall appoint any pro tempore magistrates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 257. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 258. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to THURSDAY, MARCH 21, 2013 1653 provide for a quorum and voting by the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 259. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L 1996, p. 3892), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 260. By Senators Thompson of the 33rd, Hill of the 6th, Hill of the 32nd, Loudermilk of the 14th and Tippins of the 37th: A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3728), so as to change the compensation of the chief deputy, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 261. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Code Section 43-9-1 of the Official Code of Georgia Annotated, relating to definitions relative to licensure and regulation of chiropractors, so as to revise the definition of the practice of chiropractic; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SR 594. By Senators Loudermilk of the 14th, McKoon of the 29th, Crane of the 28th, Ligon, Jr. of the 3rd, Albers of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for limitations on state government taxation and expenditures; to provide for a 1654 JOURNAL OF THE SENATE short title; to provide for definitions; to provide for spending limits; to provide for excess revenues; to provide for the authority of the General Assembly with respect to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Rules Committee. SR 595. By Senators Orrock of the 36th, Thompson of the 5th, Henson of the 41st, Fort of the 39th, Lucas of the 26th and others: A RESOLUTION urging the Department of Community Affairs to adopt critically needed changes to the federally funded HomeSafe Georgia program in order to accomplish its purpose to prevent home foreclosure for Georgia families due to unemployment and other causes; and for other purposes. Referred to the Health and Human Services Committee. SR 597. By Senators Hill of the 32nd and Mullis of the 53rd: A RESOLUTION creating the Georgia Program Integrity Senate Study Committee; and for other purposes. Referred to the Rules Committee. SR 598. By Senators Hill of the 6th, Beach of the 21st, Davis of the 22nd, Gooch of the 51st and Dugan of the 30th: A RESOLUTION creating the Senate Public-Private Partnership Study Committee; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 568. By Representative Rynders of the 152nd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), so as to change the description of the council districts for the election of members of the city council to be consistent with the United States decennial census of 2010 for the State of Georgia; 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. THURSDAY, MARCH 21, 2013 1655 HB 571. By Representatives Peake of the 141st, Epps of the 144th, Dickey of the 140th and Randall of the 142nd: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 572. By Representative Harden of the 148th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to 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 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 577. By Representative Harden of the 148th: A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to 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 583. By Representatives Knight of the 130th and Yates of the 73rd: A BILL to be entitled an Act to authorize the Municipal Court of the City of Griffin to charge a technology fee for each civil case and criminal fine 1656 JOURNAL OF THE SENATE 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 584. By Representatives Rogers of the 10th, Hawkins of the 27th and Allison of the 8th: A BILL to be entitled an Act to provide a new charter for the City of Cleveland;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 585. By Representative Jackson of the 128th: A BILL to be entitled an Act to provide a new charter for the City of Davisboro; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for definitions and construction; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 586. By Representatives Black of the 174th and Spencer of the 180th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Kingsland; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 587. By Representative Bentley of the 139th: A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as THURSDAY, MARCH 21, 2013 1657 amended, so as to provide for compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 588. By Representatives Parsons of the 44th, Ehrhart of the 36th, Golick of the 40th, Evans of the 42nd, Morgan of the 39th and others: A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy sheriff, the assistant chief deputy, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 592. By Representative Nimmer of the 178th: A BILL to be entitled an Act to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the compensation of the judge and solicitor-general of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 597. By Representative Pruett of the 149th: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for preclearance; to provide for related matters; 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. 1658 JOURNAL OF THE SENATE HB 600. By Representatives Powell of the 171st and Taylor of the 173rd: A BILL to be entitled an Act to create the City of Bainbridge Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 602. By Representatives Cheokas of the 138th and Rynders of the 152nd: A BILL to be entitled an Act to create the Americus-Sumter County Land Bank Authority; to provide for its membership, terms of office, powers, duties, and authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Appropriations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 45 Do Pass HB 454 Do Pass HB 106 Do Pass by substitute HR 73 Do Pass 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: HB 332 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman THURSDAY, MARCH 21, 2013 1659 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 324 Do Pass HB 372 Do Pass by substitute Respectfully submitted, Senator Cowsert of the 46th 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 135 HB 434 HB 441 Do Pass Do Pass by substitute Do Pass HB 160 HB 437 HB 506 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Judiciary Non-Civil Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 60 HB 122 HB 156 Do Pass by substitute Do Pass Do Pass by substitute HB 78 HB 125 HB 187 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Stone of the 23rd District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 107 Do Pass SR 203 Do Pass SR 71 Do Pass SR 423 Do Pass 1660 JOURNAL OF THE SENATE HB 517 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Regulated Industries and Utilities Committee from the General Calendar. Respectfully submitted, Senator Mullis of the 53rd 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 142 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th 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 432 HB 470 HB 535 HB 552 HB 556 SB 253 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 433 HB 496 HB 542 HB 553 SB 250 Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 46 Do Pass by substitute HR 411 Do Pass Respectfully submitted, Senator Gooch of the 51st District, Chairman THURSDAY, MARCH 21, 2013 1661 The following legislation was read the second time: HB 45 HB 131 HB 175 HB 199 HB 229 HB 302 HB 332 HB 365 HB 389 HB 434 HB 475 HB 536 HR 107 SR 423 HB 60 HB 135 HB 177 HB 207 HB 240 HB 304 HB 336 HB 366 HB 393 HB 437 HB 486 HB 537 HR 411 SR 427 HB 78 HB 142 HB 179 HB 208 HB 246 HB 312 HB 337 HB 372 HB 399 HB 441 HB 494 HB 539 HR 603 SR 499 HB 106 HB 156 HB 187 HB 209 HB 276 HB 318 HB 354 HB 375 HB 400 HB 446 HB 506 HB 540 SR 71 SR 510 HB 122 HB 160 HB 193 HB 211 HB 289 HB 323 HB 359 HB 381 HB 402 HB 454 HB 511 HR 46 SR 203 HB 125 HB 161 HB 197 HB 226 HB 296 HB 324 HB 361 HB 384 HB 407 HB 458 HB 513 HR 73 SR 331 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. The following Senators were excused for business outside the Senate Chamber: Jones of the 10th Thompson of the 33rd The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Dugan Fort Ginn Golden Gooch Harbison Harper Heath Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Orrock Seay Shafer Staton Stone Tate Tippins Tolleson Unterman Wilkinson Williams 1662 JOURNAL OF THE SENATE Not answering were Senators: Henson Sims Jones, E. (Excused) Thompson, C. Ramsey (Excused) Thompson, S. (Excused) Senator Sims 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 Butler of the 55th introduced the chaplain of the day, Reverend Stafford Wicker of Stone Mountain, Georgia, who offered scripture reading and prayer. Senator Harbison of the 15th introduced the doctor of the day, Dr. Michael D. Hagues. Senator Mullis of the 53rd recognized the Gordon Lee High School Lady Trojans basketball team on winning the Georgia High School Association Class A Public State Championship, commended by SR 557, adopted previously. Senator Hill of the 6th recognized and commended Sam Massell and the Buckhead Coalition on the occasion of their 25th anniversary, commended by SR 258, adopted previously. Sam Massell addressed the Senate briefly. Senator Butler of the 55th congratulated Dr. Carol Terry on receiving the 2012 Coroner/Medical Examiner of the Year award, commended by SR 558, adopted previously. J. David Miller addressed the Senate briefly. Senator Davenport of the 44th recognized the Clayton County Black Ministers Fellowship, commended by SR 455, adopted previously. Reverend Fred Shillow addressed the Senate briefly. Senator Mullis of the 53rd recognized and commended Roberto Roy, commended by SR 344, adopted previously. Roberto Roy addressed the Senate briefly. The following resolutions were read and adopted: SR 582. By Senator Shafer of the 48th: A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2013 Youth of the Year, Tyler Ragin; and for other purposes. THURSDAY, MARCH 21, 2013 1663 SR 583. By Senator Shafer of the 48th: A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia and Boys & Girls Clubs of Georgia's 2013 Military Youth of the Year, Stephanie Ramer; and for other purposes. SR 584. By Senators Carter of the 1st, Hill of the 6th, Stone of the 23rd, Shafer of the 48th, Loudermilk of the 14th and others: A RESOLUTION recognizing and commending Capitol Commission and Pastor Ron J. Bigalke; and for other purposes. SR 585. By Senators Crosby of the 13th, Harper of the 7th, Jackson of the 24th, Stone of the 23rd and Burke of the 11th: A RESOLUTION honoring the life and memory of Reverend W. Ches Smith III; and for other purposes. SR 586. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending the Kingdom Christian Academy and Preparatory School basketball team on their 2013 NACA Division III National Basketball Championship win; and for other purposes. SR 587. By Senator Harbison of the 15th: A RESOLUTION congratulating Billy and Saundra Jackson on the occasion of their 30th wedding anniversary; and for other purposes SR 589. By Senator Jones of the 25th: A RESOLUTION recognizing and commending Mrs. Ida Ruth Holder Taylor on her outstanding public service; and for other purposes. SR 590. By Senators Carter of the 1st, Stone of the 23rd, Hill of the 6th, Hill of the 4th, Loudermilk of the 14th and others: A RESOLUTION recognizing and commending the 165th Airlift Wing of the Georgia Air National Guard for ten years of being mobilized for wartime missions; and for other purposes. 1664 JOURNAL OF THE SENATE SR 591. By Senators Shafer of the 48th and Chance of the 16th: A RESOLUTION commending the 2013 Secretary of the Senate Aides for their exemplary service; and for other purposes. SR 592. By Senators Staton of the 18th, Shafer of the 48th, Miller of the 49th, Hill of the 4th, Gooch of the 51st and others: A RESOLUTION celebrating the birth of Isabella Lola Chance; and for other purposes. SR 593. By Senators Gooch of the 51st, Wilkinson of the 50th, Miller of the 49th and Mullis of the 53rd: A RESOLUTION recognizing and commending Barbara McDaris Stephens; and for other purposes. SR 596. By Senators Orrock of the 36th, Henson of the 41st, Davenport of the 44th, Seay of the 34th, Fort of the 39th and others: A RESOLUTION recognizing and commending Giwayen Mata on their 20th anniversary; and for other purposes. SR 599. By Senators Mullis of the 53rd, Gooch of the 51st, Chance of the 16th, Staton of the 18th, Miller of the 49th and others: A RESOLUTION recognizing and commending the Atlanta Falcons football team; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Henson of the 41st 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 Thursday March 21, 2013 Thirty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 250 SB 253 HB 432 HB 433 THURSDAY, MARCH 21, 2013 1665 Jackson of the 2nd CITY OF PORT WENTWORTH A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3734), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3564), so as to change the description of the council 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. Ginn of the 47th CITY OF CARLTON A BILL to be entitled an Act to provide a new charter for the City of Carlton; 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. FLOOR SUBSTITUTE Williams of the 19th APPLING COUNTY BOARD OF EDUCATION 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 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 the federal Voting Rights Act of 1965, as amended; 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, particularly by an Act approved 1666 HB 470 HB 496 HB 535 HB 542 JOURNAL OF THE SENATE March 4, 1994 (Ga. L. 1994, p. 3608), 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 submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Staton of the 18th Jones of the 25th Lucas of the 26th BIBB COUNTY A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee under certain conditions; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th RABUN COUNTY WATER AND SEWER AUTHORITY A BILL to be entitled an Act to create the Rabun County Water and Sewer Authority; 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 to create the Rabun County Convention and Visitors Bureau Authority, approved May 6, 2005 (Ga. L. 2005, p. 3878), so as to revise the composition of the board of directors; to revise the budget schedule; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 4th CITY OF HAGAN A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Hagan, approved April 5, 1995 (Ga. L. 1995, p. 4296), as amended, so as to change the description of the election districts; to provide for definitions and inclusions; to provide for THURSDAY, MARCH 21, 2013 1667 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. HB 552 Williams of the 19th APPLING COUNTY A BILL to be entitled an Act to create a board of elections for Appling County and to provide for its powers and duties; to provide for definitions; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 553 Williams of the 19th MONTGOMERY COUNTY A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes. SUBSTITUTE HB 556 Harbison of the 15th COLUMBUS, GEORGIA A BILL to be entitled an Act to authorize the Recorder's Court of Columbus, Georgia, to impose and collect a technology fee for each fine imposed; to specify the uses to which said technology fees may be put; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *SB 253: Senator Ginn of the 47th offered the following substitute to SB 253: 1668 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Carlton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This city and the inhabitants thereof are hereby reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name of the "City of Carlton" and by that name shall have perpetual succession. SECTION 1.11. Corporate Boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a THURSDAY, MARCH 21, 2013 1669 map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map of the corporate limits of the City of Carlton, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. Powers and Construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. SECTION 1.13. Examples of Powers. (a) 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. (b) Animal Regulations. To regulate and license or to prohibit the keeping or running atlarge of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (c) 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. (d) 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; (e) 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 after due process for failure to pay any city taxes or fees. (f) 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 1670 JOURNAL OF THE SENATE governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (g) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations. (h) 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. (i) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (j) 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. (k) 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, firm, 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. (l) 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. (m) 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 granter may impose. (n) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (o) Jail Sentences. To provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (p) 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. (q) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon THURSDAY, MARCH 21, 2013 1671 such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (r) 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. (s) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (t) 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. (u) 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; 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; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms and corporations inside and outside the corporate limits of the city as provided by ordinance. (v) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (w) 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. (x) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (y) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency. (z) 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. (aa) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; 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 or may hereafter be enacted. 1672 JOURNAL OF THE SENATE (bb) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (cc) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (dd) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; 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. (ee) 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. (ff) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (gg) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-ofway throughout the streets and roads, and over the bridges and viaducts for the use of public utilities and for private use; 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. (hh) 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 plan 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. (ii) 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. (jj) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale THURSDAY, MARCH 21, 2013 1673 of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors. (kk) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (ll) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (mm) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (nn) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (oo) Urban Redevelopment. To organize and operate an urban redevelopment program. (pp) 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; 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 city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City Council Creation; Number; Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and 1674 JOURNAL OF THE SENATE five council members. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council members shall be elected in the manner provided by general law and this charter. SECTION 2.11. City Council Terms and Qualifications for Office. No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the city for 12 months prior to the date of election of the mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. SECTION 2.12. Vacancy; Filling of Vacancies; Suspensions. (a) Vacancies. The office of mayor or council member shall become vacant upon the occurrence of the incumbent's death, resignation, forfeiture of office, missing two regular meetings in three months or 25 percent of regular meetings in one calendar year, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.15 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted. (c) Upon the suspension from office of mayor or council member in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. SECTION 2.13. Compensation and Expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance; however, compensation shall be paid only for meetings attended. SECTION 2.14. Conflicts of Interest; Holding Other Offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. THURSDAY, MARCH 21, 2013 1675 (b) Conflict of Interest - No elected official, appointed officer, or employee of the city of 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 his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her 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 his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and (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 financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in the matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and the 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 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. (d) Use of Public Property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable. Any violation of this section which occurs with 1676 JOURNAL OF THE SENATE the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which the official was elected. (g) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (h) Penalties for Violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit an office or position, as described in paragraph (1) of this subsection, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. SECTION 2.15. Inquiries and Investigations. Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. SECTION 2.16. General Power and Authority of the City Council. Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city. SECTION 2.17. Eminent Domain. The city 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 THURSDAY, MARCH 21, 2013 1677 improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.18. Organizational Meeting. The city council shall hold an organizational meeting at its first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: "I do solemnly swear that I will well and truly demean myself as (mayor) (council member) of the City of Carlton for the ensuing term, that I will faithfully enforce the charter and ordinances of the city to the best of my skill and ability, without fear or favor, so help me God." Newly elected members' terms shall begin immediately after they are sworn in and they shall hold office until their successors are sworn in. SECTION 2.19. Regular and Special Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member 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 council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. SECTION 2.20. Rules of Procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be 1678 JOURNAL OF THE SENATE appointed by the mayor, with the advice and consent of the council, and shall serve at his or her pleasure. The mayor shall have the power to appoint new members to any committee at any time, with the advice and consent of the council. SECTION 2.21. Quorum: Voting. (a) Three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as a negative vote. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such council member 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. 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 "The Council of the City of Carlton hereby ordains . . ." and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.23. Action Requiring An Ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. THURSDAY, MARCH 21, 2013 1679 SECTION 2.24. Emergencies. (a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three council members 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 council members 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. SECTION 2.25. Codes of Technical Regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of 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. 1680 JOURNAL OF THE SENATE (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Carlton, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with the 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 two years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months immediately preceding his or her election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. SECTION 2.28. Chief Executive Officer. The mayor shall be the executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. SECTION 2.29. Powers and Duties of Mayor. As the chief executive of this city, the mayor shall: (a) See that all laws and ordinances of the city are faithfully executed; THURSDAY, MARCH 21, 2013 1681 (b) Appoint and remove, for cause, all officers, department heads, and employees of the city except as otherwise provided in this charter; (c) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (d) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (e) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (f) Preside over all meetings of the city council; (g) Call special meetings of the city council as provided for in Section 2.19; (h) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (i) Recommend to the city council such measures relative to the affairs of the city improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (j) Approve or disapprove ordinances as provided in Section 2.30; (k) Require any department or agency of the city to submit written reports whenever he or she deems it expedient; (l) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (m) Perform such other duties as may be required by general state law, this charter, or ordinance. SECTION 2.30. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall, within ten calendar days of receipt of an ordinance, return it to the clerk with or without his or her approval, or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his or her reasons for his or her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of the entire council members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently 1682 JOURNAL OF THE SENATE passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section. SECTION 2.31. Mayor Pro Tem; Selection; Duties. By a majority vote, the city council shall elect a council member to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent or acting as mayor. Any such absence or disability shall be declared by majority vote of all council members. When serving as mayor, the mayor pro tem shall not also vote as a member of the council. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish 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 by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (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 his or her department or agency. (e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the mayor unless otherwise provided by law. SECTION 3.11. Boards, Commissions and Authorities. (a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council THURSDAY, MARCH 21, 2013 1683 deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed in this section 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 he or she has executed and filed with the clerk 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 and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vicechairman, 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 bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city. SECTION 3.12. City Attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. 1684 JOURNAL OF THE SENATE SECTION 3.13. City Clerk-Treasurer. The city council shall appoint a city clerk-treasurer who shall not be a council member. The city clerk-treasurer shall be custodian of the official city seal and city records; be responsible for the general duties of a treasurer and fiscal officer; maintain city council records required by this charter; shall collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city; and perform such other duties as may be required by the city council. SECTION 3.14. Personnel Policies. All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. The city council shall adopt policies or ordinances to provide for: (1) The method of employee selection, promotion and transfer; (2) Hours of work, vacation, sick leave, and other leaves of absence, and overtime pay; and (3) Other personnel policies. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; Name. There shall be a court to be known as the Municipal Court of the City of Carlton. SECTION 4.11. Chief Judge; Associate Judge. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall be an active member in good standing of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or THURSDAY, MARCH 21, 2013 1685 she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 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 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 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and care taking 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 his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by 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, 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. 1686 JOURNAL OF THE SENATE (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Madison County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for Court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to 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 the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. SECTION 5.11. Election Districts. The City of Carlton shall consist of one election district with five numbered posts. Each person seeking election as a council member shall designate the post for which he or she seeks election. SECTION 5.12. Election of the Mayor and City Council. (a) There shall be a municipal general election annually on the Tuesday next following the first Monday in November. THURSDAY, MARCH 21, 2013 1687 (b) The mayor and council members 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. The five council members' positions shall be designated Posts 1, 2, 3, 4, and 5, and each candidate shall designate the post for which he or she seeks election at the time of qualifying. The mayor and council members from Posts 1 and 2 elected at the 2013 general election shall take office on the first day of January, 2014, and shall serve terms of four years. The council members from Posts 3, 4, and 5 elected at the 2013 general election shall take office on the first day of January, 2014, and shall serve terms of two years. Thereafter, the mayor and council members shall be elected at the general election immediately prior to the expiration of their terms of office and shall serve terms of four years, and until their successors are duly elected and qualified. SECTION 5.13. Non-Partisan Elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 5.14. Election by Plurality. The person receiving a plurality of the votes cast for any city office shall be elected. In the event of a tie, a run-off election shall be held and the candidate who receives the highest number of votes cast in the run-off election shall be elected. SECTION 5.15. Special Elections; Vacancies. In the event that the office of mayor or council member shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. SECTION 5.16. Other Provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated. 1688 JOURNAL OF THE SENATE SECTION 5.17. Removal of Officers. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted: (1) By the death of the incumbent; (2) By resignation, when accepted; (3) By decision of a competent tribunal declaring the office vacant; (4) By voluntary act or misfortune of the incumbent whereby he or she is placed in any of the specified conditions of ineligibility to office; (5) By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he or she was elected; (6) By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or (7) By abandoning the office or ceasing to perform its duties, or both. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished one of the following methods: (1) By a vote of three council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Madison County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By a petition of recall by the electors of the City of Carlton, as provided by the laws of the State of Georgia. ARTICLE VI FINANCE SECTION 6.10. Property Tax. The city council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. THURSDAY, MARCH 21, 2013 1689 SECTION 6.11. Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and Business Taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. SECTION 6.13. Regulatory Fees; Permits. The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. SECTION 6.14. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts from the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. 1690 JOURNAL OF THE SENATE SECTION 6.15. Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.16. Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of Delinquent Taxes and Fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 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 city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General Obligation Bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. THURSDAY, MARCH 21, 2013 1691 SECTION 6.20. Revenue Bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. SECTION 6.21. Short-Term Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Lease-Purchase Contracts The city may enter into multiyear lease, purchase or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. SECTION 6.23. Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government. SECTION 6.24. Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget, including requirements as to the scope, content and form of such budgets and programs. SECTION 6.25. Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed 1692 JOURNAL OF THE SENATE 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 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 he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.26. Action by City Council on Budget. (a) The city 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 city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24. (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 encumbered balance of the appropriations, or allotment thereof, to which it is chargeable. SECTION 6.27. Tax Levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriate for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. THURSDAY, MARCH 21, 2013 1693 SECTION 6.28. Changes in Appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.29. Capital Improvements Budget. (a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the constructing of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 6.30. Independent Audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.31. Contracting Procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; 1694 JOURNAL OF THE SENATE (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, it is signed by him or her to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city journal of proceedings pursuant to Section 2.20. SECTION 6.32. Centralized Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.33. Sale of City Property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell or convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for Officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. THURSDAY, MARCH 21, 2013 1695 SECTION 7.11. Prior Ordinances. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council. SECTION 7.13. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.14. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. SECTION 7.15. Repealer. An Act to establish a new charter for the City of Carlton, approved February 18, 1955 incorporating the City of Carlton (Ga. L. 1988, p. 20), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. 1696 JOURNAL OF THE SENATE SECTION 7.16. Effective Date. This charter shall become effective July 1, 2013. SECTION 7.17. Repealer. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 0, and the Ginn substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 553: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 553: A BILL TO BE ENTITLED AN ACT To amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, is amended by adding a new section to read as follows: "SECTION 11A. (a) Pursuant to Code Section 36-5-22 of the O.C.G.A., there is created the office of county manager for Montgomery County, who shall have the powers and duties conferred as provided by this Act. The county manager shall be appointed by the board of commissioners and shall serve at the direction, supervision, and pleasure of the board of commissioners. Any person appointed as county manager shall possess such THURSDAY, MARCH 21, 2013 1697 qualifications as determined by the board of commissioners and shall receive such compensation, expenses, and benefits as fixed by the board. Except as provided in this section, no member of the board shall be appointed county manager or acting county manager while serving a term of office. In the event of the death, removal, dismissal, or termination of the county manager and pending the selection of a replacement for the county manager, the chairperson of the board may, if approved in accordance with subsection (e) of this section, assume the powers and carry out the duties of the county manager. (b) The county manager shall have the following powers and duties, which shall be further detailed in a job description to be approved by the board consistent with this section: (1) To be a nonvoting participant in all board meetings of the board of commissioners; (2) Except as to those powers specifically reserved and granted to the chairperson and the board of commissioners by this Act, to supervise, direct, and control the day-today activities and business operations of the county government; (3) To carry out, execute, and enforce the ordinances, policies, rules, and regulations of the board when such ordinances, policies, rules, and regulations become effective; and (4) To hire, supervise, and fire all employees under the jurisdiction of the board of commissioners, with the exception that the county manager shall recommend the hiring and firing of any department director to the board for an official action by the board. (c) Members of the board shall deal solely through the county manager in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the county manager. (d) The county manager may be removed by official action of the board of commissioners. (e) The board of commissioners may designate a qualified individual to act as temporary county manager in the extended absence of more than 30 days of the county manager or if the county manager is removed pursuant to this section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 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. 1698 JOURNAL OF THE SENATE 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Dugan Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Stone E 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 47, nays 0. The bills on the Local Consent Calendar, except SB 253 and HB 553, having received the requisite constitutional majority, were passed. SB 253 and HB 553, having received the requisite constitutional majority, were passed by substitute. The following communication was received by the Secretary: Committees: Senator Gail Davenport Special Judiciary District 44 Appropriations 304-A Coverdell Legislative Office Building State Institutions and Property Atlanta, GA 30334 Urban Affairs Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 THURSDAY, MARCH 21, 2013 1699 I would like to vote Yes for Senate Local Consent Calendar for Thursday, March 21, 2013. /s/ Senator Gail Davenport District 44 3/21/2013 12:05 pm SENATE RULES CALENDAR THURSDAY, MARCH 21, 2013 THIRTY-SIXTH LEGISLATIVE DAY HR 205 Property; conveyance of certain state owned real property; authorize (Substitute)(SI&P-17th) Neal-2nd HB 68 Physicians; continuing education requirements licensed to practice orthotics or prosthetics; revise provisions (H&HS-52nd) Kidd-145th HB 94 Damages; reduction of earnings to present value; change provisions (JUDY-29th) Welch-110th HB 126 Park rangers; any person obstructing or hindering the lawful discharge of official duties; prohibit (NR&E-45th) Hamilton-24th HB 141 Kidnapping; certain businesses and establishments post a model notice to enable persons who are the subject of human trafficking to obtain help and services; require (Substitute)(JUDYNC-45th) Lindsey-54th HB 317 Medical Practice Act of the State of Georgia; administrative medicine licenses; provide (H&HS-11th) Cooper-43rd HB 146 Criminal procedure; the issuance of arrest and search warrants by video conference; change provisions (Substitute)(JUDYNC-13th) Weldon-3rd HB 155 HB 178 HB 235 HB 242 Game and fish; licensing and operation of shooting preserves; revise provisions (Substitute)(NR&E-20th) Knight-130th Georgia Pain Management Clinic Act; enact (H&HS-45th) Weldon-3rd Optometrists; revise definition of optometry; remove certain exemption (Substitute)(H&HS-49th) Ehrhart-36th Juvenile proceedings; substantially revise, supersede, and modernize provisions (Substitute)(JUDY-54th) Willard-51st 1700 JOURNAL OF THE SENATE HB 268 Agricultural products dealers; cotton and eggs from definition of "agricultural products"; remove (Substitute)(AG&CA-11th) Harden-148th HB 287 Secretary of State, Office of; Division of Archives and History; reassign to Board of Regents of University System of Georgia (H ED-17th) Hatchett-150th HB 345 Teachers Retirement System of Georgia; clarify and consolidate the definitions of the term "teacher" (Substitute)(RET-12th) Benton-31st HB 349 Criminal cases; provide state with more direct appeal rights (Substitute) (JUDYNC-54th) Golick-40th HB 473 Counties and municipal corporations; add option of fiscal year contracts (SLGO(G)-52nd) Welch-110th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HR 205. By Representatives Neal of the 2nd, Kidd of the 145th, Cheokas of the 138th, Dunahoo of the 30th and Hill of the 22nd: A RESOLUTION authorizing the conveyance of certain state owned real property; to provide an effective date; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. The Senate State Institutions and Property Committee offered the following substitute to HR 205: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Appling County; authorizing the conveyance of certain state owned real properties located in Baldwin County; authorizing the conveyance of certain state owned real property located in Ben Hill County; authorizing the conveyance of certain state owned real properties located in Bibb County; authorizing the conveyance of certain state owned real property located in Butts County; authorizing the conveyance of certain state owned real properties located in Chatham County; authorizing the conveyance of certain state owned THURSDAY, MARCH 21, 2013 1701 real property located in Chattooga County; authorizing the conveyance of certain state owned real property located in Crawford 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 Floyd County; authorizing the conveyance of certain state owned real property located in Haralson County; authorizing the conveyance of certain state owned real property located in McDuffie County; authorizing the conveyance of certain state owned real property located in Mitchell County; authorizing the fee simple conveyance of right of way, the granting of a nonexclusive easement, and the granting of a temporary construction easement over certain state owned real property located in the consolidated government of Columbus-Muscogee County; authorizing the placement of certain restrictions on state owned real property located in Paulding County; authorizing the conveyance of certain state owned real property located in Polk County; authorizing the conveyance of certain state owned real property located in Putnam County; authorizing the conveyance of certain state owned real properties located in Richmond County; authorizing the conveyance of certain state owned real property located in Spalding County; authorizing the conveyance of certain state owned real property located in Tattnall County; authorizing the conveyance of certain state owned real property located in Whitfield County; authorizing the conveyance of certain state owned real property located in Wilkes County; to provide an effective date; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; (2) Said real property is a 6.5 acre parcel in that approximately 29.08 acre tract of state property lying and being in Land Lot 628 of the 2nd Land District, Appling County, Georgia, that is a portion of the property originally acquired by General Warranty Deed from R. E. Towns on June 20, 1989, as the approximately 8,443 acre Bullard Creek Wildlife Management Area in Jeff Davis County (6,134 acres) and in Appling County (2,309 acres) in custody of the Georgia Department of Natural Resources, as recorded in Deed Book 241, Page 679, Plat Book 9, Pages 188-194 in the Office of the Clerk of Superior Court of Appling County, Georgia, and being on file in the offices of the State Properties Commission and inventoried as Real Property Record (RPR) # 07820; (3) Custody of the 29.08 acre tract and three additional easements totaling 0.67 of an acre was transferred by executive order dated December 21, 1990, to the Georgia Department of Human Resources for use as an outdoor therapeutic recreation program for youthful offenders, known as the Baxley Wilderness Program, custody of which was to transfer back to the Department of Natural Resources when use ceased, being on file in the offices of the State Properties Commission as RPR # 08051; (4) The program was later transferred from the Department of Human Resources to the Department of Youth and Child Services and then to the Georgia Department of Juvenile Justice; (5) The approximately 29.08 acre parcel and access easements known as the Baxley 1702 JOURNAL OF THE SENATE Wilderness Program has ceased being operated and is surplus to the needs of the Georgia Department of Juvenile Justice, and custody reverts to the Department of Natural Resources as ordered in that 1990 executive order; (6) By letter dated February 26, 2013, the Department of Natural Resources has declared an improved approximately 6.5 acre parcel ("the property") of the former Baxley Wilderness Area surplus to its needs and of no future use to the department and is desirous of surplusing the property; and 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 being described in an executive order as in Milledgeville per Real Property Record # 07438 inventoried by the State Properties Commission, dated April 3, 1987, containing approximately 15 acres and is, and more particularly described on a January 6, 1987, survey drawing by Frank I. Girley 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 property was a portion of Central State Hospital and was transferred from the Department of Human Resources to the Department of Corrections by executive order dated April 3, 1987, and being RPR # 007438 on file in the State Properties Commission office; (4) Said property is under the custody of the Department of Corrections and is the former Bostick State Prison; (5) The Department of Corrections no longer has a need for the above-described property and has declared it surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 247 and 264 of the 1714th Georgia Militia District of Baldwin County and is more particularly described as an approximately 0.432 of an acre portion of 142 acres of state property transferred by executive order from the State Forestry Commission to the Department of Veterans Service for the Veterans Cemetery, dated December 27, 1989, and inventoried as Real Property Record 07890 in the offices of the State Properties Commission and accompanying plat as recorded in Plat Book 7, Page 75 in the Office of the Clerk of Superior Court of Baldwin County, and may be more particularly described on an engineered drawing or 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 0.432 of an acre property is in the custody of the Department of Veterans Service as a portion of the Georgia Veterans Cemetery in Milledgeville; (4) The Georgia Department of Transportation (GDOT), in a letter dated August 16, THURSDAY, MARCH 21, 2013 1703 2012, requested that the 0.432 of an acre property along U.S. Highway 540 be conveyed for the Fall Line Freeway Stage 2 project, as more particularly described as Parcel 68 on a May 7, 2004, drawing last revised on July 25, 2012, entitled "Right-of-Way Map for Georgia Department of Transportation in Wilkinson and Baldwin Counties, Project EDS0000-00(346)", and being on file in the offices of the State Properties Commission; (5) The Veterans Service Board has determined by resolution dated September 20, 2012, that the property is surplus to its needs and is available for use by GDOT, and on September 20, 2012, the commissioner of the Department of Veterans Service requested that the property be surplused; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Ben Hill County, Georgia; (2) Said real property is all that tract or parcel being approximately 4.3 acres of state property lying and being all of City Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Square 16, Block 13, and all of City Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 in Square 12, Block 13 in the City of Fitzgerald, Ben Hill County, Georgia, acquired by virtue of quitclaim deed between the City of Fitzgerald, a municipal corporation and political subdivision of the State of Georgia, said municipal corporation being located in Ben Hill County as grantor, and the State of Georgia as grantee, dated February 28, 1955, for good and valuable consideration, as recorded in Deed Book 68, Folio 328, in the Office of the Clerk of Superior Court of Ben Hill County and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 000081, and all according to the recorded plat of the American Tribune Soldiers Colony Company Domain of record in the office of the Clerk of Superior Court of Irwin County; (3) Said tract or parcel is under the custody of the Georgia Department of Defense as the former site of the Bainbridge Armory; (4) The City of Fitzgerald, in a letter dated September 26, 2012, expressed an interest in acquiring the above-described property for use by the Ben Hill County Board of Education for public purpose and agrees to retire any outstanding general obligation bonds and bond payments due for this property; (5) By letter dated October 30, 2012, the adjutant general of Georgia stated that the above-described improved property is surplus to the needs of the department and recommended that the above-described property be conveyed to the City of Fitzgerald for the amount of the outstanding general obligation bonds or 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 Bibb County, Georgia; (2) Said real property is all that parcel or tract lying and being in Bibb County, Georgia, and in the City of Macon, being a part of Square 24 of the Old City Squares and part of Old Courthouse Square, containing 1.59 acres and being designated as Parcel "A" on a 1704 JOURNAL OF THE SENATE plat of survey prepared for the City of Macon by William C. Causey, Georgia Registered Land Surveyor No. 2652, dated October 28, 1996, a copy of which is of record in the Office of the Clerk of Superior Court of Bibb County in Plat Book 88, Page 637, and a copy of which is on file in the offices of the State Property Commission as Real Property Record # 008948, subject to Georgia Department of Transportation and City of Macon improvements and easements ("the property"); (3) The above-described property is in the custody of the Department of Economic Development and formerly operated as the Georgia Sports Hall of Fame, (4) The Department of Economic Development currently does not utilize the property, improvements, and infrastructure composing the Georgia Sports Hall of Fame; (5) The Department of Economic Development has determined that it will at no time in the future have a use for the improved property and infrastructure composing the Georgia Sports Hall of Fame; (6) On January 1, 2012, the Development Authority of Bibb County entered into a oneyear lease of the property with two one-year renewals; (7) A local government entity organized and existing under the laws of the State of Georgia has expressed an interest in acquiring the Georgia Sports Hall of Fame; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that tract or parcel being approximately 3.77 acres of state property lying and being in Land Lots 123 and 124, Macon Reserve West, of Bibb County, Georgia, acquired by virtue of warranty deed between Macon Area Development Company, Inc., as grantor, and the State of Georgia as grantee, dated June 3, 1950, for consideration of $1.00, as recorded in Deed Book 614, Pages 695-696 in the Office of the Clerk of Superior Court of Bibb County and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 000100, and accompanying Plat entitled "PLAT-NATIONAL GUARD PROPERTY OMS; MACON RESERVE WEST, BIBB CO, GEORGIA; L.L.#123&124 ADAPTED FROM PLAT BY COUNTY ENG'RS. OFFICE DATED 5-18-50"; and being on file in the offices of the State Properties Commission; (3) Said tract or parcel is under the custody of the Georgia Department of Defense as the former site of the Army National Guard Macon Field Mechanics Service (FMS); (4) Bibb County has expressed an interest in acquiring the above-described property on behalf of the Bibb County Board of Education for public purpose and agrees to retire any outstanding general obligation bonds and bond payments due for this property; (5) By letter dated October 30, 2012, the adjutant general stated that the above-described improved property is surplus to the needs of the department and recommended that the above-described property be conveyed to the Bibb County for the amount of the outstanding general obligation bonds or no less than $10.00, to be used for public purpose; and THURSDAY, MARCH 21, 2013 1705 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 a portion of that approximately 123.7 acres tract or parcel of state property lying and being in Land Lots 84, 85, 87, 88 and 89 of Macon Reserve East, and in Land Lot 104 of the 7th Land District, Bibb County, Georgia, acquired by virtue of warranty deed between the Bibb County as grantor, and the State of Georgia as grantee, dated April 12, 1971, as recorded in Deed Book 1119, Pages 345-347, in the Office of the Clerk of Superior Court of Bibb County, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 005171, and accompanying plat of survey entitled "PROPERTY SURVEY FOR STATE OF GEORGIA (STATE DEPARTMENT OF FAMILY & CHILDREN SERVICES)" dated September 25, 1969, as revised November 23, 1970, made by James A. Gordon, Jr., Georgia Registered Land Surveyor No. 1023, as recorded in Plat Book 47, Page 97, in the Office of the Clerk of Superior Court of Bibb County, and being more particularly described as that approximately 8 acres as indicated by that area outlined in red, and that easement area being approximately 0.75 of an acre as indicated by that area highlighted in yellow, on that drawing entitled "OLD MACON RYDC SURPLUS DRAWING" furnished by Georgia Department of Juvenile Justice, dated January 18, 2013, and being on file in the offices of the State Properties Commission; (3) The approximately 8 acres property and approximately 0.75 of an acre easement area was formerly the Macon Regional Youth Detention Center, Bibb County, Georgia; under the custody of the Georgia Department of Juvenile Justice; (4) By resolution dated January 24, 2013, the Board of Juvenile Justice declared the property surplus to its needs and of no future use, and resolved to surplus the abovedescribed improved property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Butts County, Georgia; (2) Said real property is a portion of that approximately 231.9 acres tract or parcel of state property lying and being in Land Lot 245 of the 3rd Land District and Georgia Militia District 610 of Butts County, acquired by virtue of warranty deed between G. D. Head as grantor, and the State of Georgia as grantee, dated October 8, 1964, as recorded in Deed Book 30, Folio 179-180, in the Office of the Clerk of Superior Court of Butts County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 003970, and accompanying plat of survey entitled "Plat of Survey for State Penal and Rehabilitation Authority of Georgia" dated September 1964, made by Griffin Engineering & Manufacturing Company, Civil Engineers, Griffin, Georgia, and more particularly by J. W. Oxford, Jr., as recorded in Plat Book 1, Page 205, in the Office of the Clerk of Superior Court of Butts County, and being more particularly described as that approximately 0.061 of an acre along State Route 36 at the Towaliga River as indicated by that area highlighted in yellow on that 1706 JOURNAL OF THE SENATE right of way drawing entitled "STATE OF GEORGIA; DEPARTMENT OF TRANSPORTATION; RIGHT OF WAY MAP; PROJECT NO BRST-0054-03 (064)" dated February 12, 2008, last revised on July 22, 2010, made by Lowe Engineers, Atlanta, Georgia, and being on file in the offices of the State Properties Commission, to be presented to the State Properties Commission for approval; (3) The above 0.061 of an acre property is under the custody of the Georgia Department of Corrections as a portion of the Georgia Diagnostic and Classification Prison in Jackson, Georgia; (4) The Georgia Department of Transportation, in a letter dated January 7, 2011, requested that the 0.061 of an acre along State Route 36 at the Towaliga River be conveyed for the SR36 Road Widening, Project Number BRST-0054-03 (064), P.I. No. 333170, as more particularly described as Parcel 2, indicated by yellow highlighting, on that right of way drawing entitled "STATE OF GEORGIA; DEPARTMENT OF TRANSPORTATION; RIGHT OF WAY MAP; PROJECT NO BRST-0054-03 (064)" dated February 12, 2008, last revised on July 22, 2010, made by Lowe Engineers, Atlanta, Georgia, and being on file in the offices of the State Properties Commission; (5) The Georgia Department of Transportation requires that the above-described property be owned in the name of the Georgia Department of Transportation and, given the public purpose of the project, will purchase property from the state for $10.00; (6) The Board of Corrections, at its meeting on September 1, 2011, approved a resolution for the conveyance of the above-described property to the Georgia Department of Transportation; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia; (2) Said parcel is all that approximately 9.6 acre parcel ("the property") of an approximately 53.801 acre tract of land lying and being in Georgia Militia District 8, City of Savannah, Chatham County, Georgia, being a portion of Lot 2B-1 of a subdivision of lot 2B Crossroads Business Center, being more particularly described on that certain "Boundary Survey for the State of Georgia Crossroads Business Center 115/25kv Substation" prepared by Thomas & Hutton Engineering Co., dated November 13, 2012, and on file in the offices of the State Properties Commission; (3) The property is located on Crossroads Parkway, and its western boundary is I-95 on the Crossroads campus of Savannah Technical College which is under the custody of the Technical College System of Georgia (TCSG); (4) TCSG had two appraisals prepared on the property, and the highest appraised value of $350,000 was determined by Robert Connor & Company, Inc., and more particularly by Robert Connor, MAI, Georgia Certified General Appraiser # 000803, effective January 29, 2013; (5) Georgia Power Company ("the company") stated in a letter dated January 14, 2013, that it is desirous of the state conveying the property to the company in exchange for $385,000.00 in property to be identified by the Technical College System of Georgia and THURSDAY, MARCH 21, 2013 1707 subject to approval by the State Properties Commission (SPC), or cash equivalent paid into the state treasury, or a combination thereof, in addition to Georgia Power paying all costs associated with the conveyance and the acquisition components of this transaction to include appraisals, surveys, phase I reports and any other due diligence required by the state, as determined by SPC; (6) The company and the Technical College System of Georgia have reached an agreement for the exchange of properties which is advantageous to the state; (7) The Technical College System of Georgia, by resolution dated February 7, 2013, recommended the exchange of properties; and WHEREAS: (1) The State of Georgia ("state") is the owner by presumption of law of certain marshland located in the 7th Georgia Militia District of Chatham County, Georgia, and regulated by the Department of Natural Resources ("DNR") pursuant to the Coastal Marshlands Protection Act, Code Section 12-5-280, et seq., of the O.C.G.A. and the Governor's powers to regulate public property, Code Section 50-16-61 of the O.C.G.A.; (2) Bradley Boulevard, LLC claims a portion of the above-referenced marshland pursuant to a warranty deed dated July 19, 2006, and recorded in Deed Book 310 J Pages 310-314 of the Chatham County Clerk of Superior Court; (3) Bradley Boulevard, LLC (the "LLC"), pursuant to U.S. Corps of Engineers Permit Application # SAS-2009-00606, desires to establish, construct, operate, maintain, and monitor a proposed approximately 1,513 acre freshwater tidal marsh wetland mitigation bank on property as further described in that survey dated June 3, 2010, by surveyor Terry Mack Coleman, Georgia Registered Land Surveyor # 2486, and titled "A WETLAND SURVEY OF PARCEL 1-B, VALLAMBROSA PLANTATION, 7TH G.M. DISTRICT, CHATHAM COUNTY, STATE OF GEORGIA ("the mitigation bank property"), and to commercially sell mitigation credits from such bank in accordance with a mitigation banking instrument approved by U.S. Army Corps of Engineers ("USACE") and the compensatory mitigation rules and regulations of the USACE, (33 C.F.R. 325, 33 C.F.R. 332 and 40 C.F.R. Part 332); (4) To resolve any dispute as to ownership of the above-referenced marshland, the state as part of settlement seeks authorization to quitclaim to Bradley Boulevard, LLC all or a portion of the state's interest in the mitigation bank property; and WHEREAS: (1) The State of Georgia seeks authorization to convey by quitclaim deed any interest it may have in approximately 861 acres of real property to resolve any claim on a portion of the eastward 1,600 acres of the Deptford Tract, known as the Tronox property, in Chatham County, Georgia; (2) The consideration for the conveyance would be the environmental cleanup of the Tronox property, listed on the Georgia hazardous site inventory as a state Superfund site; (3) Cleanup of the 861 acres would restore the economic productivity of the property and expand the well-being of the state's economy; 1708 JOURNAL OF THE SENATE (4) The Department of Natural Resources shall seek a resolution from its board recommending that the state quitclaim its interest in the property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chattooga County, Georgia; (2) Said real property is all that parcel or tract lying and being in the Land Lot 98, 6th District, 4th Section of Chattooga County and is more particularly described as a total of approximately 5.25 acres in an executive order dated June 29, 1990, a copy of which is on file as Real Property Record # 07951 in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the Georgia Bureau of Investigation and was the Northwest Regional Crime Lab in Summerville, Georgia; (4) The Georgia Bureau of Investigation's funding for operations at this facility ended in March of 2010 and the lab was closed at that time, and the GBI does not plan to seek funding to re-open the facility; (5) In a September 21, 2012, letter the director of the Georgia Bureau of Investigation asked that the property be surplused in the 2013 legislative session, and a resolution was passed by the Board of Public Safety at its September 13, 2012, meeting to declare the Northwest Regional Crime Lab improved property surplus to its needs and authorize the surplusing of this property; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Crawford County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 26 of the 14th and 16th District and/or 768 and 1584 GMD of Crawford County and containing approximately 0.052 of an acre improved with a boat ramp and is more particularly described on a March 5, 2010, drawing entitled "Right-of-Way Map for Georgia Department of Transportation" in Crawford County, Project BRSTO-0154-01(012) and being on file in the offices of the State Properties Commission; and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Natural Resources; (4) The Georgia Department of Transportation is constructing a bridge replacement on State Route 128 above the Flint River near the town of Roberta as a portion of Project No: BRST-0154-01(012); (5) The Georgia Department of Transportation requests that the above-described property be owned in the name of the Georgia Department of Transportation and will purchase the property from the state for fair market value including cost to cure any damages; THURSDAY, MARCH 21, 2013 1709 (6) The Board of Natural Resources, at its meeting on January 23, 2013, approved the conveyance of the above-described properties to the Georgia Department of Transportation contingent on the Georgia Department of Transportation constructing a replacement boat ramp on the same side of the river and the other side of the road; 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 all that tract or parcel lying and being in parts of Land Lots 367 and 366, 1st Land District, Albany, Dougherty County, Georgia containing approximately 1 acre together with a 20 foot access easement to be conveyed and is more particularly described on a March 22, 1977, survey drawing entitled "PLAT PROPERTY OF STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES" prepared by Ritchey M. Marbury III, Georgia Registered Land Surveyor No. 1495 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 property is located at 1906 Palmyra Road, Albany, Georgia, and being RPR # 006387 on file in the State Properties Commission office; (4) Said property is under the custody of the Department of Human Services and SubEntity Georgia Vocational Rehabilitation Agency and is the former Southwest Georgia Easter Seals building; (5) The Georgia Vocational Rehabilitation Agency has determined by letter that the property is surplus to its needs; 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 of approximately 1.82 acres of state property lying and being in Land Lot 873 of the 3rd Land District, 4th Section of Floyd County, Georgia, acquired by virtue of an assemblage of deeds making up the Cave Spring Georgia School for the Deaf campus, as recorded in the Office of the Clerk of Superior Court of Floyd County, and being on file in the offices of the State Properties Commission, and more specifically identified as "Parcel B" on that plat of survey entitled "Plat For CITY OF CAVE SPRING" dated February 7, 1990, revised 2-27-90 and 4-1990, made by Bakkum DeLoach & Associates, more particularly N.B. DeLoach, Georgia Registered Land Surveyor No. 1392 as recorded in Plat Book 25, Page 57, in the Office of the Clerk of Superior Court of Floyd County; (3) The above 1.82 acres property is under the custody of the Georgia Department of Education as the former Talmadge Gym property, a portion of the Cave Spring Georgia School for the Deaf campus; (4) In a letter dated December 4, 2012, the State School Superintendent for the Georgia Department of Education stated the property suffers from flood damage that required the 1710 JOURNAL OF THE SENATE department to replace it with a new gym facility situated on the main campus, declared the property surplus to its needs and requested it be surplused in the 2013 legislative session; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Haralson County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 230 of the 5th Section of the 7th Land District of Haralson County containing approximately 10.4 acres and being more particularly described on a plat of survey for the Department of Corrections by Cleveland S. Boutwell, Jr., Georgia Registered Land Surveyor # 1704, dated April 22, 1994, and being on file in the offices of the State Properties Commission as Real Property Record # 8580; (3) The above-described property is under the custody of the Department of Corrections and was the West Georgia Inmate Boot Camp in Haralson County; (4) The Department of Corrections no longer has a need for the above-described property and has declared it surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain 0.21 of an acre parcel of improved real property including an airport hangar on the taxiway of the City of Thomson and McDuffie County Airport, in the 274 Georgia Militia District; (2) Said real property is all that parcel or tract lying and is more particularly described in a deed for the improved property of $10.00 jointly from Thomson and McDuffie dated January 28, 1967, and recorded at Deed Book 98, Pages 137-138, and in a plat recorded at Plat Book N, Page 197 recorded in the Office of the Clerk of Superior Court of McDuffie County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 04640; (3) A deed on the property to the state removing the Thomson and McDuffie reversionary interest was dated November 21, 1997, and recorded at Deed Book 102, Pages 426-428, at the same Plat Book as above, recorded in the Office of the Clerk of Superior Court of McDuffie County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 06394; (4) Said tract or parcel was formerly the site of Georgia State Patrol hangar in Thomson, now under the custody of the Department of Public Safety; (5) By resolution dated December 13, 2012, the Board of Public Safety resolved to surplus the above-described improved property, which is surplus to the needs of the department; (6) By letter of January 2, 2013, the mayor of Thomson and the McDuffie County commission chair requested that the improved property be conveyed to the city-county when surplus to the state's use; and THURSDAY, MARCH 21, 2013 1711 WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) Said parcel is all of that tract of 2 parcels lying and being in Land Lot 307 of the 10th Land District of Mitchell County containing a total of approximately 20 improved acres and being more particularly described in Deed Book 319, Pages 197-199 and Plat book 21, Page 204 for an approximately 11.13 acre parcel and in Deed Book 387, Pages 341342 and in plat Book 24 , Page 94 for an approximately 9.33 acre parcel and being on file in the offices of the State Properties Commission as Real Property Record numbers 08028 and 08592 respectively, 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 known as Pelham Probation and Detention Center; (4) The Department of Corrections no longer has a need for the above-described property and has declared it surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Land Lot 73 of the 9th District of Muscogee County, Georgia, hereinafter referred to as the "easements area" and the "conveyance area" at the North Side of the Eastern Connector and at the East side of Schatulga Road near the intersection of Forest Road, more particularly described on an engineered drawing as that approximately 0.163 of an acre permanent easement area as shown highlighted in orange, that 0.149 of an acre conveyance area as shown highlighted in yellow, and that 0.162 of an acre temporary construction easement area as shown highlighted in green on that drawing prepared for the Georgia Department of Transportation by JJG and being titled "RIGHT OF WAY EASTERN CONNECTOR FROM BUENA VISTA ROAD TO CHATTSWORTH ROAD, PROJECT STP00-8042-00(006), PI#350850," being on file in the offices of the State Properties Commission, and may be more particularly described by a survey presented to the State Properties Commission for approval; (2) Said property is in the custody of the Georgia Department of Behavioral Health and Developmental Disabilities and is a portion of the West Central Georgia Regional Hospital; (3) The consolidated government of Columbus-Muscogee County (ColumbusMuscogee) requested in a letter dated August 14, 2012, the conveyance of the 0.149 of an acre right of way, the 0.163 of an acre nonexclusive permanent easement, and the 0.162 of an acre temporary construction easement area for construction detours solely for the purpose of the Eastern Connector from Buena Vista Road to Chattsworth Road STP008042-00(006) Muscogee County; (4) On October 15, 2012, the Georgia Department of Behavioral Health and Developmental Disabilities approved a resolution to seek General Assembly approval for conveyance of fee simple title of the right of way area and for conveyance of the 1712 JOURNAL OF THE SENATE nonexclusive permanent easement area and of the temporary easement area to ColumbusMuscogee; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Paulding County, Georgia; (2) Said real property is Sheffield Wildlife Management Area which is a total of 4513.42 acres in Paulding County and 4.14 acres in Bartow County. The Howell tract consists of 1047.41 acres purchased on June 19, 2012, located in Land Lots 1, 2, 3, 69, 70, 71, 72, 74, 75, 141, 142, 143, 146, 147, 148, 213, 214, 215, 218, 219, 285, 286, 287, 290, 291, 292, and 357, 3rd District, 3rd Section of Paulding County and 4.14 acres in Land Lot 1249, 4th District, 3rd Section of Bartow County. In the Paulding County portion of the Howell tract lies all that parcel or tract in Land Lot 147, 148, 213, 214, and 215 of the 3rd Land District of the 3rd Section of Paulding County and is more particularly described as 110 acres on Page 4 of 5 of a plat of survey prepared by Watts & Browning Engineers, Inc., titled Boundary Survey for the Georgia Department of Natural Resources, the Howell tract dated April 15, 2012, last revised April 25, 2012, and recorded in the Office of the Clerk of Superior Court of Paulding County in Plat Book 00057, Page 0085, a copy of 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 in the custody of the Department of Natural Resources and is part of a larger tract of 1051 acres purchased from the Howell family in June, 2012. The United States Department of Army Corps of Engineers provided $407,942.00 for stream mitigation from the In Lieu-Fee Mitigation Program to purchase the subject 110 acres of the 1051 acre Howell tract; (4) As consideration for the in-lieu funds, the Corps of Engineers requires that a Declaration of Conservation Covenants and Restrictions be placed on the 110 acre subject parcel; (5) The Department of Natural Resources seeks approval to place the restrictive covenants on the 110 acres within the Howell tract to meet the requirement of the Corps of Engineers for the in-lieu funding; (6) The Board of Natural Resources, at its meeting on August 29, 2012, approved the recording of the above-described Declaration of Conservation Covenants and Restrictions in favor of the United States Army Corps of Engineers; 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 THURSDAY, MARCH 21, 2013 1713 Clerk of Superior Court of Polk County a copy of which is on file as Real Property Record # 7819 in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The above-described property is in the custody of the Department of Corrections and was to be the site of the Cedartown State Prison, and a building was constructed as the Northwest Probation Detention Center (PDC) and since abandoned as surplus; (4) The 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; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Putnam County, Georgia; (2) Said real property is all that parcel or tract lying and being in the City of Eatonton, Putnam County, and is more particularly described as approximately 12.13 acres on a plat on file in the offices of the State Properties Commission inventoried as Real Property Record # 001085, and being recorded in a deed dated January 18, 1956, at Deed Rack 2X Page 198 from Putnam County Commissioners of Roads and Revenues as grantor to the State of Georgia for $60,000.00 and other valuable consideration, a copy of which is on file in the offices of the State Properties Commission, inventoried as Real Property Record # 01085; (3) Said tract or parcel was formerly the site of Putnam State Prison, now under the custody of the Department of Corrections; (4) The City of Eatonton is desirous of acquiring the above-described property for public purpose; (5) The Department of Corrections stated that the above-described improved property is surplus to the needs of the department and requested that the above-described property be conveyed to the City of Eatonton for the amount of $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 Richmond County, Georgia; (2) Said real property is a portion of that approximately 1373 acres tract or parcel of state property lying and being in Georgia Militia District 86-2 of Richmond County, Georgia, and being on file in the offices of the State Properties Commission, and being more particularly described as that approximately 0.019 of an acre along State Route 121 and Tobacco Road as indicated by that area highlighted in yellow on that right of way drawing entitled "STATE OF GEORGIA; DEPARTMENT OF TRANSPORTATION; RIGHT OF WAY MAP; PROJECT NO CSSTP-0007-00 (360)" dated December 13, 2010, last revised on July 10, 2012, made by Wolverton & Associates, Duluth, Georgia, and being on file in the offices of the State Properties Commission, to be presented to the 1714 JOURNAL OF THE SENATE State Properties Commission for approval; (3) The above 0.019 of an acre parcel property is under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities as a portion of the East Central Regional Hospital, Gracewood, Georgia; (4) The Georgia Department of Transportation, in a letter dated July 12, 2012, requested that the 0.019 of an acre parcel along State Route 121 and Tobacco Road be conveyed for the purpose of making traffic operation improvements, PROJECT NO CSSTP-0007-00 (360), P.I. No. 0007360, as more particularly described as Parcel 6, indicated by yellow highlighting, on that right of way drawing entitled "STATE OF GEORGIA; DEPARTMENT OF TRANSPORTATION; RIGHT OF WAY MAP; PROJECT NO CSSTP-0007-00 (360)" dated December 13, 2010, last revised on July 10, 2012, made by Wolverton & Associates, Duluth, Georgia, and being on file in the offices of the State Properties Commission; (5) The Georgia Department of Transportation requests that the above-described property be conveyed to the Georgia Department of Transportation for public purpose, for the purchase price of $10.00; (6) The Board of Behavioral Health and Developmental Disabilities, at its meeting on October 15, 2012, approved a resolution for the conveyance of the above-described property to the Georgia Department of Transportation; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is a portion of that approximately 456.45 acres tract or parcel of state property lying and being in Georgia Militia District 123, Richmond County, Georgia, acquired by virtue of warranty deed between Jose Goldberg, Samuel Goldberg, and Frank Goldberg as grantors, and L. G. Hardman, in his representative capacity as Governor of the State of Georgia as grantee, dated February 12, 1931, as recorded in Realty Book 12-B, Pages 586-588, in the Office of the Clerk of Superior Court of Richmond County, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 002026, and accompanying plat of survey having no title, date or maker, as being on file as Plat File Record 2026, in the Office of the Clerk of Superior Court of Richmond County, and being more particularly described as that approximately 6.45 acres as indicated by that area outlined in red, and that easement area being highlighted in yellow, on that drawing entitled "Augusta YDC" furnished by the Georgia Department of Juvenile Justice, and being on file in the offices of the State Properties Commission; (3) The approximately 6.45 acres property and easement area was formerly the old Augusta Alcohol and Drug Rehabilitation Center, Richmond County, Georgia; under the custody of the Georgia Department of Juvenile Justice; (4) By resolution dated January 24, 2013, the Board of Juvenile Justice declared the property surplus to its needs and of no future use, and resolved to surplus the abovedescribed improved property; and THURSDAY, MARCH 21, 2013 1715 WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Spalding County, Georgia, in the Second (2nd) Land District, Land Lot 110 and as described in the plat prepared by Kenneth Presley Associates, Inc., land surveyors, dated June 12, 1974; (2) Said real property is all that parcel or tract lying and being in the City of Griffin, Spalding County, and is more particularly described as approximately 5 acres in a deed for $1.00 from Spalding County dated May 21, 1975, and recorded at Deed Book 416, Page 109 and in a plat recorded at Plat Book 10, Page 199 recorded in the Office of the Clerk of Superior Court of Spalding County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 06072; (3) Said tract or parcel was formerly the site of Griffin Regional Youth Development Center, now under the custody of the Department of Juvenile Justice; (4) By resolution dated January 24, 2013, the Board of Juvenile Justice resolved to surplus the above-described improved property, which is surplus to the needs of the department; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Tattnall County, Georgia; (2) Said parcels are all of that approximately 10.62 acre parcel and approximately 210.0 acre parcel of land lying and being in Georgia Militia District 1645 of Tattnall County, being more particularly described on an exhibit titled the "Stanley Exchange Parcels" on file at the State Properties Commission office 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 10.62 acre parcel is located on Harley Road formally known as County Road 293 and the 210 acre parcel is north of the Georgia State Prison in Reidsville which is under the custody of the Department of Corrections; (4) Stanley Farms, LLC is the owner in fee interest of approximately 19.063 acres on Harley Road formally known as County Road 293 that lies west of and adjacent to Georgia State Prison property; (5) Stanley Farms, LLC stated in an e-mail dated January 16, 2013, that it is desirous of the state conveying the above-described 10.62 acre and 210 acre state owned parcels to Stanley Farms, LLC in exchange for Stanley Farms, LLC conveying to the state the 19.063 acre Stanley parcel and payment to the state of $276,000.00 in cash; (6) Stanley Farms, LLC and the Department of Corrections have reached a letter agreement for the exchange of properties, which is advantageous to the state; (7) The Department of Corrections recommends the exchange of properties; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Whitfield County, Georgia; 1716 JOURNAL OF THE SENATE (2) Said real property is all that tract or parcel lying and being in Lot No. 148, in the 12th District and 3rd Section of Whitfield County containing approximately 6.4 acres more or less ("the marker property"); being the same land conveyed to the United States of America by Mattie Springfield under deed dated September 12, 1939, recorded in Book 26, Folio 527, of the records of Whitfield County, Georgia, and is described on a 1938 survey drawing by Chas. Hartmann, Sr. Eng., titled as Plat Showing Layout of Historical Site Situated within the Property of Mattie J. Springfield at Rocky Face Gap, Whitfield County, State of Georgia 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 United States of America by and through Oscar L. Chapman, Secretary of the Interior, deeded the above property to the State of Georgia by quitclaim deed dated March 20, 1952; (4) Such property was conveyed to the state for public use in the roadside park system of the Highway Department of the State of Georgia pursuant to a federal act of September 21, 1950 (64 Stat. 896), entitled "An Act to provide for the conveyance of certain historical properties to the State of Georgia, and for other purposes"; (5) The marker property in Whitfield County was transferred by executive order dated November 30, 1955 from the custody of the Department of State Parks, Historic Sites, and Monuments to the State Highway Department, being inventoried as RPR # 002688 in the office of the State Properties Commission; (6) The Congress of the United States of America did by Public Law 91-470, as approved October 21, 1970 (84 Stat. 1039), authorized the use of the marker property for any public purpose and other than park purposes; (7) The marker property is now the Post 5 Dalton State Patrol Barracks and was transferred from the Department of Transportation to the Department of Public Safety by executive order dated December 2, 1974, being inventoried as RPR # 004665 in the office of the State Properties Commission; (8) The Department of Public Safety has determined that the approximately 5 acre undeveloped portion ("conveyance property") of the marker property is surplus to its needs and could be conveyed, provided that the recipient of the property construct and maintain a 6 foot tall barrier fence to Department of Public Safety specifications along the shared property line, and the recipient is responsible for all due diligence and recordation costs relative to the conveyance or reversion of the property to the state shall occur; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Wilkes County, Georgia; (2) Said real property is all that tract or parcel being approximately 0.93 of an acre of state property lying and being in Georgia Militia District 164, Wilkes County, Georgia acquired by virtue of warranty deed between J. D. Wynne, Mrs. Evelyn Wynne Randall, and Mrs. Annie Sue Wynne Satterfield as grantors, and the State of Georgia as grantee, THURSDAY, MARCH 21, 2013 1717 dated June 8, 1955, for consideration of $10.00, as recorded in Deed Book A 71, Pages 398-400 in the Office of the Clerk of Superior Court of Wilkes County, and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 001453, and on that plat of survey entitled "Plat of Survey; GEORGIA FORESTRY COMMISSION" dated May 16, 2012, made by Nelli Echols of Crawfordville, Georgia, Georgia Registered Land Surveyor No. 2098, and being on file in the offices of the State Properties Commission Real Property Record (RPR) # 001453; (3) Said tract is under the custody of the State Forestry Commission as the former Wilkes County Unit; (4) Wilkes County has expressed an interest in acquiring the above-described property for a consideration of $10.00, to be used for a public purpose; (5) The State Forestry Commission, at its meeting on March 20, 2012, declared the property surplus and of no further use to the agency, and supported the conveyance to Wilkes County for $10.00, to be used for public purpose. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I. SECTION 1. That the State of Georgia is the owner of the above-described property in Appling County and that in all matters relating to the conveyance of the approximately 6.5 acre improved real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 2. 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 a local government or state entity for a consideration of $10.00 and payment of any applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity without bid for fair market value or 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; or by competitive bid for fair market value 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 3. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. 1718 JOURNAL OF THE SENATE SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Appling County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That custody of the above-described property interest shall remain in the Georgia Department of Natural Resources until the property is conveyed. ARTICLE II. SECTION 7. That the State of Georgia is the owner of the above-described real property in Baldwin County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 8. 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 by competitive bid or as a conveyance to a public entity without bid for the fair market value or other consideration or a lease to a public or private entity for 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 9. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 11. That the deed of conveyance shall be recorded in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 12. That custody of the above-described property interest shall remain in the Georgia Department of Corrections until the property is conveyed. THURSDAY, MARCH 21, 2013 1719 ARTICLE III SECTION 13. That the State of Georgia is the owner of the above-described real property in Baldwin County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 14. 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 Georgia Department of Transportation with such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 15. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 17. That the deed of conveyance shall be recorded by the Georgia Department of Transportation as grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 18. That custody of the above-described property interest shall remain in the Georgia Department of Veterans Service until the property is conveyed. ARTICLE IV SECTION 19. That the State of Georgia is the owner of the above-described real property in Ben Hill County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 20. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the City of Fitzgerald or to a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other 1720 JOURNAL OF THE SENATE payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 21. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 23. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Ben Hill County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 24. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed. ARTICLE V SECTION 25. That the State of Georgia is the owner of the above-described real property in Bibb County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 26. That the above-described property may be conveyed to a local government entity by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the outstanding bond balance and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 27. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective. THURSDAY, MARCH 21, 2013 1721 SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 29. 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 30. That custody of the above-described property interest shall remain in the Georgia Department of Economic Development until the property is conveyed. ARTICLE VI SECTION 31. That the State of Georgia is the owner of the above-described real property in Bibb County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 32. 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 Bibb County or to a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 33. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 34. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 35. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. 1722 JOURNAL OF THE SENATE SECTION 36. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed. ARTICLE VII SECTION 37. That the State of Georgia is the owner of the above-described real property in Bibb County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 38. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 39. 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 40. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 41. 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 42. That custody of the above-described property interest shall remain in the Georgia Department of Juvenile Justice until the property is conveyed. ARTICLE VIII SECTION 43. That the State of Georgia is the owner of the above-described real property in Butts 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 21, 2013 1723 SECTION 44. That, given the public purpose of the project, the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Georgia Department of Transportation for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 45. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 46. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 47. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Butts County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 48. That custody of the above-described property shall remain in the Georgia Department of Corrections until the property is conveyed. ARTICLE IX SECTION 49. That the State of Georgia is the owner of the above-described real property in Chatham County and that in all matters relating to the exchange of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described approximately 9.6 acre property to the Georgia Power Company in exchange for the company conveying to the State of Georgia property to be no less than $385,000.00 in value as determined by two appraisals performed on behalf of the State of Georgia or for $385,000.00 in cash to be deposited into the state treasury, or for a combination thereof, 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. 1724 JOURNAL OF THE SENATE SECTION 51. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 53. That any exchanged deeds shall be recorded by Georgia Power Company in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 54. That custody of the above-described property shall remain in the Technical College System of Georgia until the exchange has been consumated. ARTICLE X SECTION 55. That the State of Georgia is the presumptive owner of certain marshland, located in Chatham County, Georgia, as described above, 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 56. That the Georgia General Assembly has declared that activities in the state's coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and that the Georgia General Assembly has authorized DNR to administer and enforce the Coastal Marshlands Protection Act, Code Section 12-5-280, et seq., of the O.C.G.A. Furthermore, the Governor has authorized DNR to act on his behalf on all requests to utilize state owned water bottoms covered by tidal waters which are in his custody and control, Code Section 50-16-61 of the O.C.G.A. SECTION 57. That Bradley Boulevard, LLC desires to, at its sole cost and expense, establish, construct, operate, maintain, and monitor a freshwater tidal marsh wetland mitigation bank on the mitigation bank property in accordance with a mitigation banking instrument approved by the USACE and the compensatory mitigation rules and regulations of the USACE (33 C.F.R. Section 325 and 33 C.F.R. Section 332 and 40 C.F.R. Part 332). SECTION 58. That to resolve any dispute as to ownership of the above-referenced marshland, the State Properties Commission is authorized to quitclaim the state's interest in the mitigation bank property as part of a settlement. THURSDAY, MARCH 21, 2013 1725 SECTION 59. That the State Properties Commission is authorized to require a more particular description of the restricted area that comprises all or part of the property. SECTION 60. That any quitclaim deed shall be recorded by Bradley Boulevard, LLC in the office of the Clerk of the Superior Court of Chatham County, and Bradley Boulevard, LLC shall provide a copy of the recorded deed promptly to the State Properties Commission to be inventoried and retained by the State Properties Commission. SECTION 61. That the authorization in this resolution shall expire three years after the date that this resolution becomes effective. SECTION 62. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the quitclaim of said property. ARTICLE XI SECTION 63. That the State Properties Commission, acting on behalf of the State of Georgia, is authorized to convey by quitclaim deed any of its interest in all or part of the property to resolve any claim on any portion of approximately 861 acres of the eastward 1,600 acres of the Deptford Tract, known as the Tronox property in Chatham County. SECTION 64. That the consideration for such conveyance shall be the environmental cleanup of property on the Georgia hazardous site inventory as a state Superfund site. SECTION 65. That any quitclaim deed(s) for all or part of the property shall be recorded by the grantee in the office fo the Clerk of the Superior Court of Chatham County with the original retained by the State Properties Commission and a recorded copy forwarded to the Georgia Environmental Protection Division by the grantee. SECTION 66. That the authorization in this resolution to make the above-described conveyance shall expire three years after the date that this resolution becomes effective. SECTION 67. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the restriction on said properties. 1726 JOURNAL OF THE SENATE ARTICLE XII SECTION 68. That the State of Georgia is the owner of the above-described real property in Chattooga 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 69. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 70. 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 71. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 72. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chattooga County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 73. That custody of the above-described property interest shall remain in the Georgia Bureau of Investigation until the property is conveyed. ARTICLE XIII SECTION 74. That the State of Georgia is the owner of the above-described real property in Crawford 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 21, 2013 1727 SECTION 75. 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 76. 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 77. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 78. That the deed of conveyance shall be recorded by the Georgia Department of Transportation as grantee in the Superior Court of Crawford County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 79. That custody of the above-described property interest shall remain in the Georgia Department of Natural Resources until the property is conveyed. ARTICLE XIV SECTION 80. 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 81. 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 by competitive bid or a conveyance to a public entity for the fair market value without bid or to a local government entity for $10.00 for public purpose and the payment of any outstanding bonds 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 82. 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. 1728 JOURNAL OF THE SENATE SECTION 83. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 84. 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 85. That custody of the above-described property interest shall remain in the Georgia Vocational Rehabilitation Agency until the property is conveyed. ARTICLE XV SECTION 86. 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 87. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 88. That the authorization in this resolution to convey the above-described property 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 such conveyance. SECTION 90. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Floyd County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. THURSDAY, MARCH 21, 2013 1729 SECTION 91. That custody of the above-described property shall remain in the Georgia Department of Education until the property is conveyed. ARTICLE XVI SECTION 92. That the State of Georgia is the owner of the above-described real property in Haralson County and that in all matters relating to the conveyance or lease of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 93. 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 by competitive bid for fair market value, or by a conveyance to Haralson County or other local government entity for $10.00 if used for public use, or sold to a local government without a competitive bid for fair market value or other consideration as determined by the State Properties Commission, or leased to a public or private entity for 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 94. That the authorization in this resolution to convey the above-described property interest by quitclaim deed or lease shall expire three years after the date that this resolution becomes effective. SECTION 95. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 96. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Haralson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 97. That custody of the above-described property interest shall remain in the Georgia Department of Corrections until the property is conveyed. ARTICLE XVII SECTION 98. That the State of Georgia is the owner of the above-described real property in McDuffie County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. 1730 JOURNAL OF THE SENATE SECTION 99. That the above-described improved property, having no other use to the state, may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, jointly to the City of Thompson and McDuffie County or a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; or to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 100. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 101. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 102. That the deed of conveyance shall be recorded by the grantees in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 103. That custody of the above-described property interest shall remain in the Georgia Department of Public Safety until the property is conveyed. ARTICLE XVIII SECTION 104. 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 105. 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 for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market THURSDAY, MARCH 21, 2013 1731 value 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; or by competitive bid for fair market value 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 106. That the authorization in this resolution to sell or convey the above-described real property shall expire three years after the date that this resolution becomes effective. SECTION 107. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 108. 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 109. That custody of the above-described properties shall remain in the Department of Corrections until the property is conveyed or leased. ARTICLE XIX SECTION 110. That the State of Georgia is the owner of the above-described real properties located in Muscogee County and that in all matters relating to the granting of the above-described nonexclusive easement and the temporary construction easement on the real property easement areas and of the fee simple conveyance of the right of way conveyance area, the State of Georgia is acting by and through its State Properties Commission. SECTION 111. 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 temporary construction easement and such fee simple conveyance by appropriate instruments for the State of Georgia, including the execution of all necessary documents. SECTION 112. That Columbus-Muscogee shall have the right to remove or cause to be removed from such easement areas only such trees and bushes as may be reasonably necessary for the purpose of constructing the Eastern Connector project. That, after Columbus-Muscogee has put into use the road improvements for which these easements are granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of 1732 JOURNAL OF THE SENATE Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted in this resolution. Upon abandonment, Columbus-Muscogee, or its successors and assigns, shall have the option of removing their facilities from the easement areas 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 113. That title shall be conveyed to Columbus-Muscogee of only that right of way conveyance property area for the Eastern Connector project, and no title shall be conveyed to Columbus-Muscogee for that permanent easement area and temporary construction easement area and, except as specifically granted to Columbus-Muscogee in this resolution, all rights, title, and interest in and to said easement areas are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Columbus-Muscogee. SECTION 114. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Columbus-Muscogee 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 Columbus-Muscogee. 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 115. That the fee simple conveyance of right of way area and granting of the specified use of the nonexclusive easement and the temporary construction easement areas granted to Columbus-Muscogee 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 conveyance and easement areas, so long as the descriptions utilized by the State Properties Commission describes the same easement area granted in this resolution. THURSDAY, MARCH 21, 2013 1733 SECTION 116. 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 117. That the consideration for such easements and such conveyance shall be $11,500.00, and the consideration for in-kind services shall be $3,400.00 for the reconstruction of a fence that must be moved to carry out these improvements, for a total combined consideration of $14,900.00, 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 118. That the nonexclusive easement and the conveyance deed shall be recorded by Columbus-Muscogee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 119. That the authorization to issue the above-described documents shall expire three years after the date this resolution becomes effective. SECTION 120. That custody of the above-described property interest shall remain in the Georgia Department of Behavioral Health and Developmental Disabilities until the property is conveyed. ARTICLE XX SECTION 121. That the State of Georgia is the owner of the above-described real property in Paulding County and that in all matters relating to the conveyance of a real property interest in the Covenant Restriction, the State of Georgia is acting by and through its State Properties Commission. SECTION 122. That the above-described property interest may be designated by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, with a Declaration of Conservation Covenants and Restrictions 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. 1734 JOURNAL OF THE SENATE SECTION 123. 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 124. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 125. That the Declaration of Conservation Covenants and Restrictions shall be recorded by the Georgia Department of Natural Resources in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 126. That custody of the above-described property interest shall remain in the Georgia Department of Natural Resources. ARTICLE XXI SECTION 127. 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 conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 128. 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 by direct sale to a public entity for fair market value and other consideration as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia; by lease to a public or private entity for fair market value; or by conveyance to a local government entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments, so long as the property is used for public purpose and retirement of any outstanding bonds 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 129. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective. SECTION 130. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. THURSDAY, MARCH 21, 2013 1735 SECTION 131. That the deed of conveyance or 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 132. That custody of the above-described property shall remain in the Georgia Department of Corrections until the property is conveyed. ARTICLE XXII SECTION 133. That the State of Georgia is the owner of the above-described real property in Putnam 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 134. 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 Eatonton or to a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 135. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 136. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 137. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Putnam County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 138. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed. 1736 JOURNAL OF THE SENATE ARTICLE XXIII SECTION 139. 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 140. That, given the public purpose of the project, the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Georgia Department of Transportation for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 141. That the authorization in this resolution to convey the above-described property 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 such conveyance. SECTION 143. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 144. That custody of the above-described property shall remain in the Georgia Department of Behavioral Health and Developmental Disabilities until the property is conveyed. ARTICLE XXIV SECTION 145. 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 146. 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 a local THURSDAY, MARCH 21, 2013 1737 government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 147. 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 148. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 149. 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 150. That custody of the above-described property interest shall remain in the Georgia Department of Juvenile Justice until the property is conveyed. ARTICLE XXV SECTION 151. That the State of Georgia is the owner of the above-described real property in Spalding 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 152. 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 a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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. 1738 JOURNAL OF THE SENATE SECTION 153. 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 154. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 155. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Spalding County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 156. That custody of the above-described property interest shall remain in the Georgia Department of Juvenile Justice until the property is conveyed. ARTICLE XXVI SECTION 157. That the State of Georgia is the owner of the above-described real property in Tattnall County and that in all matters relating to the exchange of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 158. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey by quitclaim deed the above-described state owned property, being approximately 10.62 acre parcel and an approximately 210 acre parcel, to Stanley Farms, LLC in exchange for Stanley Farms, LLC conveying to the State of Georgia approximately 19.063 acres and $276,000.00 in cash, 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 159. That the authorization in this resolution to convey the above-described 10.62 acre and 210 acre properties shall expire three years after the date this resolution becomes effective. SECTION 160. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. THURSDAY, MARCH 21, 2013 1739 SECTION 161. That the exchanged deeds 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 162. That custody of the above-described property shall remain in the Department of Corrections until the properties are conveyed. ARTICLE XXVII SECTION 163. 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 conveyance property, the State of Georgia is acting by and through its State Properties Commission. SECTION 164. That the above-described approximately 5 undeveloped acres of property (the conveyance property) may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Whitfield County or other local government entity for $10.00, provided that the recipient of the property construct and maintain a 6 foot tall barrier fence to Department of Public Safety specifications along the shared property line, and the recipient is responsible for all due diligence and recordation costs relative to the conveyance or reversion of the property to the state shall occur, and the property shall be used only for public use and held by a local or state government entity for the operation and interpretation of the Rocky Face Marker Site and Civil War battlefield and entrenchments and for historic site preservation and conservation 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 165. 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 166. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 167. 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. 1740 JOURNAL OF THE SENATE SECTION 168. That custody of the conveyance property shall remain in the Department of Public Safety until the property is conveyed. ARTICLE XXVIII SECTION 169. That the State of Georgia is the owner of the above-described real property in Wilkes 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 170. 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 Wilkes County or a local government or state entity for a consideration of $10.00 and payment of applicable outstanding general obligation bonds and interest or other payments so long as the property is used for public purpose; to a local government or state entity for fair market value 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; or by competitive bid for fair market value 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 171. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 172. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 173. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Wilkes County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 174. That custody of the above-described property shall remain in the State Forestry Commission until the property is conveyed. THURSDAY, MARCH 21, 2013 1741 ARTICLE XXIX SECTION 175. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. ARTICLE XXX SECTION 176. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Stone E 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 45, nays 0. HR 205, having received the requisite constitutional majority, was adopted by substitute. Senator Davis of the 22nd was excused for business outside the Senate Chamber. 1742 JOURNAL OF THE SENATE HB 68. By Representative Kidd of the 145th: A BILL to be entitled an Act to amend Code Section 43-34-11 of the Official Code of Georgia Annotated, relating to continuing education requirements for physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to revise provisions relating to continuing education requirements for persons licensed to practice orthotics or prosthetics; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler of the 52nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Miller Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Stone 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 47, nays 0. HB 68, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 21, 2013 1743 HB 94. By Representatives Welch of the 110th, Lindsey of the 54th and Willard of the 51st: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for damages, so as to change provisions relating to the reduction of earnings to present value; to provide for determining the present value of certain future damages; 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Stone E Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 94, having received the requisite constitutional majority, was passed. 1744 JOURNAL OF THE SENATE HB 126. By Representatives Hamilton of the 24th, Dudgeon of the 25th, Duncan of the 26th, Rogers of the 29th, Tanner of the 9th 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 a definition; to prohibit any person from knowingly and willfully obstructing or hindering any park ranger in the lawful discharge of such park ranger's official duties; to prohibit any person from knowingly and willfully resisting, obstructing, or opposing any park ranger in the lawful discharge of such park ranger's official duties by offering or doing violence to the person of such park ranger; to provide for penalties; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport E Davis Y Dugan Fort Y Ginn Y Golden Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Stone 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 46, nays 2. HB 126, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 21, 2013 1745 HB 141. By Representatives Lindsey of the 54th, Morgan of the 39th, Brockway of the 102nd, Kaiser of the 59th and Jones of the 53rd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Department of Public Safety to develop and post the model notice on its website; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Judiciary Non-Civil Committee offered the following substitute to HB 141: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Georgia Bureau of Investigation to develop and post the model notice on its website; to provide for penalties; to provide an expiration date for the 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. Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, is amended by adding a new Code section to read as follows: "16-5-47. (a) As used in this Code section, the term: (1) 'Adult entertainment establishment' means any place of business or commercial establishment wherein: (A) The entertainment or activity therein consists of nude or substantially nude persons dancing with or without music or engaged in movements of a sexual nature or movements simulating sexual intercourse, oral copulation, sodomy, or masturbation; (B) The patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or 1746 JOURNAL OF THE SENATE modeling lingerie or similar undergarments; or (C) The patron directly or indirectly is charged a fee to engage in personal contact by employees, devices, or equipment, or by personnel provided by the establishment. Such term shall include, but shall not be limited to, bathhouses, lingerie modeling studios, and related or similar activities. Such term shall not include businesses or commercial establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment. (2) 'Agricultural products' means raising, growing, harvesting, or storing of crops; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, Christmas trees, fowl, equine, or animals; or the production of aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products. (3) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (4) 'Day hauler' means any person who is employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person; provided, however, that such term shall not include a person who produces agricultural products. (5) 'Farm labor contractor' means any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to such persons; provided, however, that such term shall not include a person who produces agricultural products. (6) 'Hotel' means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire. (7) 'Massage therapist' means a person licensed pursuant to Chapter 24A of Title 43. (8) 'Primary airport' shall have the same meaning as set forth in 49 U.S.C. Section 47102(16). (9) 'Substantially nude' means dressed in a manner so as to display any portion of the female breast below the top of the areola or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. THURSDAY, MARCH 21, 2013 1747 (10) 'Truck stop' means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking. (b) Effective September 15, 2013, the following businesses and other establishments shall post the notice described in subsection (c) of this Code section, or a substantially similar notice, in English, Spanish, and any other language deemed appropriate by the director of the Georgia Bureau of Investigation, in each public restroom for the business or establishment and either in a conspicuous place near the public entrance of the business or establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted: (1) Adult entertainment establishments; (2) Bars; (3) Primary airports; (4) Passenger rail or light rail stations; (5) Bus stations; (6) Truck stops; (7) Emergency rooms within general acute care hospitals; (8) Urgent care centers; (9) Farm labor contractors and day haulers; (10) Privately operated job recruitment centers; (11) Safety rest areas located along interstate highways in this state; (12) Hotels; and (13) Businesses and establishments that offer massage or bodywork services by a person who is not a massage therapist. (c) On or before August 1, 2013, the Georgia Bureau of Investigation shall develop a model notice that complies with the requirements of this subsection and make the model notice available for download on its Internet website. Such notice shall be at least 8 1/2 inches by 11 inches in size, printed in a 16 point font in English, Spanish, and any other language deemed appropriate by the director of the Georgia Bureau of Investigation, and state the following: 'Are you or someone you know being sold for sex or made/forced to work for little or no pay and cannot leave? Call the National Human Trafficking Resource Center at 1888-373-7888 for help. All victims of slavery and human trafficking have rights and are protected by international, federal, and state law. The hotline is: (1) Anonymous and confidential; (2) Available 24 hours a day, seven days a week; (3) Able to provide help, referral to services, training, and general information; (4) Accessible in 170 languages; (5) Operated by a nonprofit, nongovernmental organization; and (6) Toll free.' (d) A law enforcement officer shall notify, in writing, any business or establishment that has failed to comply with this Code section that it has failed to comply with the requirements of this Code section and if it does not correct the violation within 30 days 1748 JOURNAL OF THE SENATE from the date of receipt of the notice, the owner of such business or establishment shall be charged with a violation of this Code section and upon conviction shall be guilty of the misdemeanor offense of failure to post the National Human Trafficking Resource Center hotline number and may be punished by a fine of not more than $500.00; but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against an owner for conviction thereof. Upon a second or subsequent conviction, the owner shall be guilty of a high and aggravated misdemeanor and shall be punished by a fine not to exceed $5,000.00. The notice required by this subsection may be hand delivered to the noncomplying business or establishment or mailed to it at the address of such business or establishment. (e) This Code section shall be repealed in its entirety on January 1, 2019, unless extended by an Act of the General Assembly." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Stone E Tate Y Thompson, C THURSDAY, MARCH 21, 2013 1749 Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar E Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 141, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Ross Tolleson District 20 121-D State Capitol Atlanta, GA 30334 Committees: Natural Resources and the Environment Rules Appropriations Transportation The State Senate Atlanta, Georgia 30334 March 21, 2013 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Ewing: Please add my "yes" vote to HB 141 that was voted on today in the Senate. I failed to vote in the allotted time. Thank you for your assistance in this matter. /s/ Ross Tolleson State Senator District 20 1750 JOURNAL OF THE SENATE HB 317. By Representatives Cooper of the 43rd, Watson of the 166th, Rynders of the 152nd, Jones of the 53rd and Sims of the 123rd: 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 the "Medical Practice Act of the State of Georgia," so as to provide for administrative medicine licenses; to provide for definitions; to provide for requirements; to provide for board rules; to provide for educational certificates for out-of-state physicians to participate in educational training in this state that requires patient care; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Burke 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 317, having received the requisite constitutional majority, was passed. At 12:12 p.m. the President announced that the Senate would stand at ease until 1:30 p.m. THURSDAY, MARCH 21, 2013 1751 At 1:30 p.m. the President called the Senate to order. The following Senators were excused for business outside the Senate Chamber: Ramsey, Sr. of the 43rd Stone of the 23rd The Calendar was resumed. HB 146. By Representatives Weldon of the 3rd, Willard of the 51st and Mabra of the 63rd: A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the issuance of arrest and search warrants by video conference; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Crosby of the 13th. The Senate Judiciary Non-Civil Committee offered the following substitute to HB 146: A BILL TO BE ENTITLED AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to revise provisions relating to arrest and search warrants; to revise provisions relating to the issuance of arrest and search warrants by video conference; to provide for application and notice to appear for a show cause hearing; to provide for a hearing; to provide for bonds; to provide for costs; to provide for the issuance of a prehearing arrest warrant; to repeal provisions relating to a bond against a spouse; to provide for a bond for good behavior; to provide for remedy for violation of bond; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-4-47, relating to issuance of warrants by video conference, as follows: "(a) A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference. The issuance of an arrest warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, 1752 JOURNAL OF THE SENATE provided that the judge issuing the warrant is authorized by law to issue such warrant, and, at the time such warrant is issued, he or she is physically located within this state." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 17-5-21.1, relating to issuance of search warrants by video conference, as follows: "(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. The issuance of a search warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant, and, at the time such warrant is issued, he or she is physically located within this state." SECTION 3. Said title is further amended by revising Part 1 of Article 4 of Chapter 6, relating to bonds for good behavior, as follows: "Part 1 17-6-90. (a) Any judicial officer authorized to hold a court of inquiry may, upon the information application of others under oath or upon his or her own motion, issue a warrant against notice to appear for a show cause hearing to any person in the county whose conduct is such as in the county is sufficient to justify the belief that the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed thereby. Upon the return of the warrant and upon Such show cause hearing shall be held within seven days of such application or motion. Upon sufficient cause being shown, the court may require from the person a bond with sureties for such person's good behavior until the next term of the superior court of the county or with reasonable conditions to ensure the safety of persons or property in the county or the preservation of the peace of the county for a period of up to six months, whichever is greater. Any person against whom a warrant issues must, within 24 hours, be brought for a hearing before the court which issued the warrant or be released on bond by the sheriff, the amount and reasonable conditions of such bond to be set by the court which issued the warrant. (b) All bonds posted under this Code section shall be returnable in the court which issued the warrant required the bond and shall be amendable in the court's discretion. Within seven days after being released on bond by the sheriff, the person shall be entitled to a hearing before the court which issued the warrant. The court may, on its own motion, require a hearing. (c) If it is determined at a hearing that there was not sufficient cause for the warrant to have been issued a hearing to have been held, the affiant who caused the warrant bond THURSDAY, MARCH 21, 2013 1753 to be issued imposed shall pay all court costs. (d) At the time of or at any time after the filing of an application as provided in subsection (a) of this Code section, the judicial officer may, in his or her sound discretion, issue an order of arrest for the person or persons named in the application if the sworn allegations regarding the conduct of such person or persons is sufficient to justify the belief that there is imminent danger of injury to any person in the county, damage to any property in the county, or disturbance of the peace of the county. Upon the arrest of such person, a hearing as provided in subsection (a) of this Code section shall be held within 24 hours; otherwise, such person shall be released on bond with sureties and reasonable conditions for his or her good behavior until a hearing can be held. (e) As used in this Code section, the term 'county' means the county in which the judicial officer is authorized to hold a court of inquiry. 17-6-91. A person may require a bond for good behavior against the spouse of such person. 17-6-92. For a violation of a bond posted pursuant to Code Section 17-6-90, an action may be brought at the instance of any person in the county. The recovery on the bond shall be paid to the person bringing the action. 17-6-93 17-6-91. A bond for good behavior posted pursuant to Code Section 17-6-90 may be extended from term to term by the superior or state court, as the case may be, or for additional 60 day periods for a period of six months by the court which issued the warrant, whichever is greater, in its discretion required the bond. The sureties on the bond shall have the privilege of surrendering their principal as in other cases of bail. 17-6-94 17-6-92. Upon oral or written complaint by the injured party or upon motion by the prosecuting attorney, the court may, in its discretion, issue a rule for contempt against a party who violates the bond posted pursuant to Code Section 17-6-90. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may, in addition to the remedy provided in Code Section 17-6-92, impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the violation of the bond was provoked or brought about by the conduct of the prosecuting witness, the witness, after notice and the opportunity for a hearing, may be ruled for contempt of court and sentenced as provided by law." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 1754 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Miller Y Mullis Murphy Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton E Stone 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 45, nays 0. HB 146, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Gooch of the 51st Mullis of the 53rd HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th: 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 revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to THURSDAY, MARCH 21, 2013 1755 create a lifetime shooting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 155: 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 revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to grant registered boat owners a three-day hunting and fishing license as part of the registration fee; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Article 4 of Chapter 3, relating to shooting preserves, as follows: "ARTICLE 4 27-3-110. (a) It shall be unlawful for any person to release pen raised game birds, except as provided in Code Section 27-2-14, unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year. (b) An application for a shooting preserve license shall be submitted on a form furnished by the department and shall contain the following: (1) The applicant's name and address; (2) A detailed description of the proposed activities and operations on the shooting preserve; (3) The location and description of the premises of the preserve; and (4) Such other information as may be necessary in order for the department to evaluate the application properly. (c) No shooting preserve license shall be issued unless the following conditions are met: (1) The land to comprise the preserve must consist of not more than 1,000 acres and 1756 JOURNAL OF THE SENATE not less than 100 contiguous acres and must be owned or leased by the applicant. If the land is under lease to the applicant, the lease shall be for a term of not less than one year from the date of application, and the such lease shall be subject to inspection and approval by the department; (2) The boundary lines of the premises must be marked by signs located not more than 400 feet apart, indicating that they are the boundary line signs, in letters not less than two inches in height, and shall further indicate that the premises are posted as against trespassing; and (3) If the applicant intends to allow the shooting of bobwhite quail or ducks, or both, the applicant must show that the preserve has or will have a minimum of 1,000 quail, if quail are to be shot, or 200 ducks, if ducks are to be shot, or a minimum of 1,000 quail and 200 ducks, if both quail and ducks are to be shot. Such birds must be on the preserve at the time of application; or the applicant must show that he has a binding contract for such number of birds, which birds shall be released before or during the season for hunting on the proposed shooting preserve. As a condition of holding a shooting preserve license issued pursuant to this Code section, the owner of the shooting preserve, or his or her lessee or agent, shall, prior to allowing any person to hunt on such shooting preserve: (A) Confirm that such person has either completed a hunter education course as prescribed in Code Section 27-2-5; or (B) Provide such person with hunter education instruction that, at minimum, demonstrates techniques for proper firearm handling, unloading, and safety. 27-3-111. (a) It shall be unlawful to remove any pen raised game bird from a shooting preserve unless the bird has a tag on it showing the date the bird was taken and the shooting preserve license number unless accompanied by the contact information of the preserve from which it was taken. (b) It shall also be unlawful to release on a shooting preserve any mallard or black duck unless the such duck is a pen raised mallard or black duck. (c) It shall also be unlawful for a licensee under this article to fail to maintain a complete record of all pen raised game birds propagated, released, or taken on the preserve or to fail to furnish to allow the department a copy of the records within 60 days after the end of the hunting season on the preserve access to such records during all regular business hours. (d) It shall also be unlawful for any such licensee to fail to notify the department within 24 hours of the diagnosis of any epizootic disease of any pen raised game bird on the preserve, including unreleased stock. 27-3-112. (a) It shall be unlawful to hunt pen raised game birds, other than ring-necked pheasants, on a shooting preserve except between October 1 and March 31 of the following year, and except from one-half hour before sunrise to sunset. THURSDAY, MARCH 21, 2013 1757 (b) It shall also be unlawful to exceed the daily or season bag limits prescribed by law or regulation for any game bird or game animal, provided that there shall be no bag limits for pen raised game birds. (c) It shall also be unlawful to hunt on a shooting preserve any game bird or game animal except during the open season for such game bird or game animal as prescribed by law or regulation; provided, however, that it shall be lawful to hunt bobwhite quail between October 1 and March 31 of the following year; provided, further, that it shall be lawful to hunt any other pen raised game bird between October 1 and March 31 of the following year when prior approval has been obtained from the department. 27-3-113. It shall be unlawful for any person to propagate, possess, or release on any shooting preserve any bird or wildlife or wild animal except bobwhite quail, chukar or redlegged partridge, coturnix or Japanese quail, pheasant, mallard, and black duck pen raised game birds unless the person has received prior written approval from the department. Importation of any bird or wildlife or wild animal for purposes of propagation, possession, or release on a shooting preserve shall be in conformance with the requirements of Article 3 of this chapter regarding transportation of wildlife, the requirements of Code Section 27-2-11 regarding game species, and the requirements of Chapter 5 of this title regarding wild animals. 27-3-114. (a) Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any resident or nonresident to hunt pen raised game birds on or fish in any private or state waters within the boundaries of such a preserve with a shooting preserve hunting license as provided in Code Section 27-223; and provided, further, that it shall be lawful for any person to hunt pen raised game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23. (b) The requirements of subsection (b) of Code Section 27-2-5 shall not apply to any person hunting pen raised game birds on a properly licensed shooting preserve, provided such person has received hunter education instruction that, at minimum, demonstrates techniques for proper firearm handling, unloading, and safety. 27-3-115. (a) The department is authorized to make and enter into agreements with properly licensed shooting preserves for the purpose of issuance and sale of shooting preserve hunting licenses. (b) Notwithstanding the provisions of subsection (b) of Code Section 27-2-5, a shooting preserve authorized by the department pursuant to subsection (a) of this Code section may sell shooting preserve hunting licenses so long as such shooting preserve meets the requirements of subsection (c) of Code Section 27-3-110. The department 1758 JOURNAL OF THE SENATE may authorize a shooting preserve to issue temporary paper copies of shooting preserve hunting licenses to be used on such shooting preserve for one hunting season. Such paper copy shall satisfy the requirements of Code Section 27-2-1. (c) Notwithstanding any other law to the contrary, the department shall not disclose any shooting preserve hunting license record which was lawfully purchased from a properly licensed shooting preserve and which reveals the name, home address, home telephone number, or social security number of the license holder unless written consent from the owner or lessee of such shooting preserve is obtained." SECTION 2. Said title is further amended in Code Section 27-1-2, relating to definitions relative to game and fish, by revising paragraph (48) as follows: "(48) 'Pen raised game birds bird' means game birds any bobwhite quail, chukar or red-legged partridge, coturnix or Japanese quail, ring-necked pheasant, mallard duck, or black duck which are is raised in captivity and are is more than two generations removed from the wild." SECTION 3. Said title is further amended in Code Section 27-2-3.1, relating to hunting and sportsman's licenses, by revising paragraph (1) of subsection (f) as follows: "(f)(1) Lifetime sportsman's licenses and fees for residents shall be as follows: (A) Type I (Infant), available only to those individuals under two years of age: $200.00; (B) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00; (C) Type A (Adult), available to those individuals 16 years of age or older: $500.00; (D) Type SD (Senior Discount), available to those individuals 60 years of age or older: $95.00; (E) Type S (Senior), available to those individuals 65 years of age or older: no charge; and (F) Type V (Veterans), available only to those individuals who served more than 90 days of federal active duty military service and were honorably discharged: eighty 80 percent of the amount of the fee specified for Type A lifetime sportsman's licenses in subparagraph (C) of this paragraph.; and (G) Type SP (Shooting Preserve), available to any individual, resident or nonresident, and which entitles the holder to hunt pen raised game birds and fish in any private or state waters within the boundaries of a properly licensed shooting preserve: $75.00." SECTION 4. Said title is further amended in Code Section 27-2-23, relating to license, permit, tag, and stamp fees, by repealing subparagraph (I) of paragraph (8) and designating said subparagraph as reserved. THURSDAY, MARCH 21, 2013 1759 SECTION 5. Said title is further amended in Code Section 27-2-1, relating to general license requirements for hunting, trapping, and fishing, by revising subsection (b) as follows: "(b) It shall be unlawful for any resident of this state who has attained the age of 16 years to hunt, fish in the waters of this state, or trap without a valid hunting license, fishing license, or trapping license, respectively, as provided in Code Section 27-2-23, except on premises owned by him or her or his or her immediate family; provided, however, that the resident owner of any vessel with a valid registration in accordance with Code Section 52-7-5 shall have, as part of the registration fee for such vessel, a paid three-day resident hunting and fishing license that begins on such owner's date of birth and extends two consecutive days thereafter in accordance with the requirements of this title and as otherwise specified by the department. It shall be unlawful for any resident of this state to hunt, fish, or trap in this state without carrying such license upon his or her person, except on premises owned by him or her or his or her immediate family and except when otherwise specifically directed by authorized personnel of the department." SECTION 6. This Act shall become effective on July 1, 2013. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Heath of the 31st, Carter of the 1st, Gooch of the 51st, Tolleson of the 20th, Mullis of the 53rd and others offered the following amendment #1: Amend the Senate Natural Resources and the Environment Committee substitute to HB 155 (LC 40 0385S) by inserting after "as" on line 2 "to authorize the use of suppressors 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 suppressor equipped firearm;"; by redesignating Sections 2 through 7 as Sections 3 through 8, respectively; and by inserting after line 9 the following: 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 1760 JOURNAL OF THE SENATE (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 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 suppressor, provided that the user is authorized to possess such suppressor and he or she has registered the suppressor in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862). For the purposes of this paragraph, the term 'suppressor' means any device for quieting or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be THURSDAY, MARCH 21, 2013 1761 discharged by an explosive. (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 suppressor shall be suspended for three years." Said title is further amended by SECTION 2. On the adoption of the amendment, there were no objections, and the Heath, 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 Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden E Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller E Mullis Y Murphy N Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton E Stone Y Tate Y Thompson, C E Thompson, S N Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 42, nays 4. HB 155, having received the requisite constitutional majority, was passed by substitute. 1762 JOURNAL OF THE SENATE HB 178. By Representatives Weldon of the 3rd, Cooper of the 43rd, Taylor of the 79th, Channell of the 120th, Parrish of the 158th 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 require the licensure of pain management clinics; to provide for requirements for licensure; to provide for denial, suspension, and revocation of licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. Senator Jackson of the 2nd offered the following amendment #1: Amend HB 178 by Section (g) page 6, line 168 after `pursuant to a physician protocol'. Insert: "or a certified registered nurse anesthetist practicing pursuant to laws governing the scope of practice of certified registered nurse anesthetists." Senator Jackson of the 2nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Jackson of the 2nd amendment #1 was withdrawn. Senators Staton of the 18th and Carter of the 1st offered the following amendment #2: Amend HB 178 (LC 33 5035S) by striking line 131 and inserting in lieu thereof the following: (b)(1) All pain management clinics shall be majority owned by physicians licensed in this state. By inserting between lines 162 and 163 the following: (e.1) If any physician who owns or jointly owns a pain management clinic licensed under this article leaves such practice or has his or her license to practice medicine suspended by the board, the board shall be authorized to revoke, suspend, or restrict the license of the pain management clinic. On the adoption of the amendment, the President asked unanimous consent. Senator Unterman of the 45th objected. THURSDAY, MARCH 21, 2013 1763 On the adoption of the amendment, Senator Unterman of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers Balfour N Beach N Bethel N Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane N Crosby N Davenport Davis N Dugan Y Fort Y Ginn N Golden E Gooch N Harbison Y Harper Y Heath E Henson Y Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B N Jackson, L N James N Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon N Millar N Miller E Mullis Y Murphy N Orrock E Ramsey N Seay N Shafer N Sims Y Staton Y Stone N Tate N Thompson, C E Thompson, S Y Tippins N Tolleson N Unterman N Wilkinson Y Williams On the adoption of the amendment, the yeas were 18, nays 29, and the Staton, Carter of the 1st amendment #2 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert N Crane Y Crosby Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Miller E Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims N Staton Y Stone Y Tate Y Thompson, C 1764 JOURNAL OF THE SENATE Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden E Gooch Y Jones, B E Jones, E Y Ligon N Loudermilk Lucas N McKoon Y Millar E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 44, nays 5. HB 178, having received the requisite constitutional majority, was passed. HB 235. By Representatives Ehrhart of the 36th and Meadows of the 5th: A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The Senate Health and Human Services Committee offered the following substitute to HB 235: A BILL TO BE ENTITLED AN ACT To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing education requirements for persons practicing optometry who are 65 years of age or older; 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 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended in Code Section 43-30-1, relating to definitions, by revising paragraph (2) as follows: "(2)(A) 'Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and THURSDAY, MARCH 21, 2013 1765 interpretation of the visual behavior of the human organism by the employment of any means other than surgery. The practice of optometry further consists of the correction of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than surgery. Optometrists are prohibited from using nondiagnostic lasers. Nothing in this chapter shall prohibit the use, administration, or prescription of pharmaceutical agents for diagnostic purposes and treatment of ocular disease in the practice of optometry by optometrists who have received pharmacological training and certification from a properly accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who: (i) Is already certified for using pharmaceutical agents for diagnostic purposes; (ii) Has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases; (iii) Is certified in coronary pulmonary resuscitation (CPR); and (iv) Maintains at least $1 million in malpractice insurance coverage shall be certified to use pharmaceutical agents for treatment purposes. (B) The board shall establish by rule a list, which may be modified from time to time, of pharmaceutical agents which optometrists shall be allowed to use for treatment purposes. (C) A doctor of optometry shall not administer any pharmaceutical agent by injection. (D) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered orally may only be: (i)(I) Nonnarcotic oral analgesics and hydrocodone and Schedule III or Schedule IV controlled substances which are oral analgesics; (II) Used for ocular pain; and (III) Used for no more than 72 hours without consultation with the patient's physician; provided, however, that with respect to hydrocodone, used for no more than 48 hours without consultation with the patient's physician; or (ii) Oral and topical antibiotics, Antibiotics, antivirals, topical steroids corticosteroids, antifungals, antihistamines, or antiglaucoma agents related to the diagnosis or treatment of diseases and conditions of the eye and adnexa oculi except Schedule I or Schedule II controlled substances; provided, however, that a doctor of optometry shall not be authorized to administer pharmaceutical agents by injection. Doctors of optometry using such oral and topical pharmaceutical agents shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts; provided, however, that a doctor of optometry shall not be authorized to treat systemic diseases. (E) Pharmaceutical agents which are used by a doctor of optometry for treatment 1766 JOURNAL OF THE SENATE purposes and administered topically shall be subject to the following conditions only when used for the treatment of glaucoma: (i) If the pharmaceutical agent is a beta blocker, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year. If the patient has not had such a physical examination or if the patient has any history of congestive heart failure, bradycardia, heart block, asthma, or chronic obstructive pulmonary disease, that patient must be referred to a person licensed under Chapter 34 of this title for examination prior to initiating beta blocker therapy; (ii) If the glaucoma patient does not respond to the topically administered pharmaceutical agents after 60 days of treatment, that patient must be referred to an ophthalmologist; and (iii) If the patient is diagnosed as having closed angle glaucoma, the patient shall be immediately referred to an ophthalmologist; and (iv) If the pharmaceutical agent is oral corticosteroids, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year and must not prescribe oral corticosteroids for a patient with any condition for which oral corticosteroids are contraindicated, and in no event shall such oral corticosteriods be prescribed for more than 14 days. (F) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts. (G) Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a misdemeanor unless a greater penalty is otherwise provided by law. (H) Nothing in this chapter shall be construed to allow a doctor of optometry to dispense pharmaceutical agents to patients." SECTION 2. Said chapter is further amended in Code Section 43-30-8, relating to biennial registration, educational programs for optometrists, forfeiture of certificate upon failure to comply, and reinstatement of certificate, by revising subsection (b) as follows: "(b) The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all persons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing THURSDAY, MARCH 21, 2013 1767 education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hardship. Continuing education requirements fixed by the board pursuant to this chapter shall not apply to persons practicing optometry who are 65 or more years of age." 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden E Gooch Y Harbison Y Harper Y Heath E Henson N Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 47, nays 1. HB 235, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd was excused for business outside the Senate Chamber. 1768 JOURNAL OF THE SENATE HB 242. By Representatives Willard of the 51st, Coomer of the 14th, Hatchett of the 150th, Nimmer of the 178th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the O.C.G.A., relating to classification and separation of inmates generally; to amend Chapter 4A of Title 49 of the O.C.G.A., relating to the Department of Juvenile Justice; to amend the O.C.G.A., so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; 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 242: 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 and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for purpose statements; to provide for definitions; to provide for general provisions; to provide for juvenile court administration; to provide for dependency proceedings; to provide for venue; to provide for taking children into care; to provide for preliminary protective hearings; to provide for petitions alleging dependency; to provide for summons and service; to provide for preadjudication procedures; to provide for adjudication; to provide for predisposition social study; to provide for family reunification determinations; to provide for disposition of dependent children; to provide for permanency plan hearings for dependent children; to provide for permanent guardianship; to provide for termination of parental rights; to provide for petitions to terminate parental rights and summons; to provide for hearings on such petitions; to provide for grounds for terminating parental rights; to provide for disposition of children whose parental rights have been terminated; to provide for children in need of services; to provide for formal court proceedings for children in need of services; to provide for preadjudication custody and release of children in need of services; to provide for a petition seeking an adjudication that a child is a child in need of services; to provide for adjudication, disposition, and reviews; to provide for a permanency plan for children in need of services; to provide for children with mental health issues; to provide for delinquency; to provide for custody and release of a child THURSDAY, MARCH 21, 2013 1769 including the use of detention assessments; to provide for intake and arraignment; to provide for informal adjustment; to provide for a petition alleging delinquency and summons; to provide for preadjudication procedures for delinquency proceedings; to provide for transfers to superior court; to revise designated felony acts; to provide for adjudication of delinquency; to provide for predisposition investigation and risk assessments; to provide for disposition hearings for delinquent children; to provide for permanency plans for delinquent children; to provide for traffic offenses; to prohibit secure confinement under certain circumstances; to provide for competency in delinquency cases; to provide for parental notification of abortions; to provide for access to hearings and records; to provide for emancipation of minors; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally and the placement of inmates, so as to provide for the detention of children in the Department of Corrections under certain circumstances; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as change provisions relating to the duties of the Board of Juvenile Justice; to change provisions relating to the duties of the DJJ; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I JUVENILE CODE SECTION 1-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Chapter 11, relating to juvenile proceedings, in its entirety as follows: "CHAPTER 11 ARTICLE 1 15-11-1. The purpose of this chapter is to secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure his or her moral, emotional, mental, and physical welfare as well as the safety of both the child and community. It is the intent of the General Assembly to promote a juvenile justice system that will protect the community, impose accountability for violations of law, provide treatment and rehabilitation, and equip juvenile offenders with the ability to live responsibly and productively. It is the intent of the General Assembly to preserve and strengthen family relationships, countenancing the removal of a child from his or her home only when state intervention 1770 JOURNAL OF THE SENATE is essential to protect such child and enable him or her to live in security and stability. In every proceeding, this chapter seeks to guarantee due process of law, as required by the Constitutions of the United States and the State of Georgia, through which every child and his or her parent and all other interested parties are assured fair hearings at which legal rights are recognized and enforced. Above all, this chapter shall be liberally construed to reflect that the paramount child welfare policy of this state is to determine and ensure the best interests of its children. 15-11-2. As used in this chapter, the term: (1) 'Abandonment' or 'abandoned' means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo parental duties or relinquish parental claims may be evidenced by: (A) Failure, for a period of at least six months, to communicate meaningfully with a child; (B) Failure, for a period of at least six months, to maintain regular visitation with a child; (C) Leaving a child with another person without provision for his or her support for a period of at least six months; (D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite a child's parent, guardian, or legal custodian with his or her child; (E) Leaving a child without affording means of identifying such child or his or her parent, guardian, or legal custodian and: (i) The identity of such child's parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and (ii) A parent, guardian, or legal custodian has not come forward to claim such child within three months following the finding of such child; (F) Being absent from the home of his or her child for a period of time that creates a substantial risk of serious harm to a child left in the home; (G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or (H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims. (2) 'Abuse' means: (A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of a child; (B) Emotional abuse; (C) Sexual abuse or sexual exploitation; (D) Prenatal abuse; or (E) The commission of an act of family violence as defined in Code Section 19-13- THURSDAY, MARCH 21, 2013 1771 1 in the presence of a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this subparagraph, the term 'presence' means physically present or able to see or hear. (3) 'Adult' means any individual who is not a child as defined in paragraph (10) of this Code section. (4) 'Affiliate court appointed special advocate program' means a locally operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interests of an abused or neglected child in dependency proceedings. (5) 'Aggravated circumstances' means the parent has: (A) Abandoned an infant; (B) Attempted, conspired to attempt, or has subjected a child or his or her sibling to death or great bodily harm; (C) Attempted, conspired to attempt, or has subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual exploitation; or (D) Committed the murder or voluntary manslaughter of his or her child's other parent or has been convicted of aiding or abetting, attempting, or soliciting the murder or voluntary manslaughter of his or her child's other parent. (6) 'Biological father' means the male who impregnated the biological mother resulting in the birth of a child. (7) 'Business day' means Mondays through Fridays and shall not include weekends or legal holidays. (8) 'Caregiver' means any person providing a residence for a child or any person legally obligated to provide or secure adequate care for a child, including his or her parent, guardian, or legal custodian. (9) 'Case plan' means a plan which is designed to ensure that a child receives protection, proper care, and case management and may include services for a child, his or her parent, guardian, or legal custodian, and other caregivers. (10) 'Child' means any individual who is: (A) Under the age of 18 years; (B) Under the age of 17 years when alleged to have committed a delinquent act; (C) Under the age of 22 years and in the care of DFCS; (D) Under the age of 23 years and eligible for and receiving independent living services through DFCS; or (E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court. (11) 'Child in need of services' means: (A) A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is adjudicated to be: (i) Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant, as such term is defined in Code Section 15-11381, from school; 1772 JOURNAL OF THE SENATE (ii) Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances; (iii) A runaway, as such term is defined in Code Section 15-11-381; (iv) A child who has committed an offense applicable only to a child; (v) A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of 12:00 Midnight and 5:00 A.M.; (vi) A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or (vii) A child who patronizes any bar where alcoholic beverages are being sold, unaccompanied by his or her parent, guardian, or legal custodian, or who possesses alcoholic beverages; or (B) A child who has committed a delinquent act and is adjudicated to be in need of supervision but not in need of treatment or rehabilitation. (12) 'Class A designated felony act' means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes: (A) Aggravated assault in violation of paragraph (1) or (3) of subsection (a) or subsection (c), (d), (e), (i), or (l) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, actually does result in serious bodily injury; (B) Aggravated battery; (C) Armed robbery not involving a firearm; (D) Arson in the first degree; (E) Attempted murder; (F) Escape in violation of Code Section 16-10-52, if such child has previously been adjudicated to have committed a class A designated felony act or class B designated felony act; (G) Hijacking a motor vehicle; (H) Kidnapping; (I) Participating in criminal gang activity, as defined in subparagraphs (A) through (G) and (J) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4; (J) Trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1; (K) Any other act which, if committed by an adult, would be a felony in violation of Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for delinquent acts all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; or (L) Any other act which, if committed by an adult, would be a felony, if such child has three times previously been adjudicated for delinquent acts all of which, if THURSDAY, MARCH 21, 2013 1773 committed by an adult, would have been felonies in violation of any chapter of Title 16 and one of which, if committed by an adult, would have been a felony in violation of Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location. (13) 'Class B designated felony act' means a delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes: (A) Aggravated assault in violation of subsection (f), (g), or (j) of Code Section 165-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, would be likely to result in serious bodily injury but which did not result in serious bodily injury; (B) Arson in the second degree; (C) Attempted kidnapping; (D) Battery in violation of Code Section 16-5-23.1, if the victim is a teacher or other school personnel; (E) Racketeering in violation of Code Section 16-14-4; (F) Robbery; (G) Participating in criminal gang activity, as defined in subparagraph (H) of paragraph (1) of Code Section 16-15-3, in violation of Code Section 16-15-4; (H) Smash and grab burglary; (I) Possessing, manufacturing, transporting, distributing, possessing with the intent to distribute, or offering to distribute a destructive device in violation of Code Section 16-7-82; (J) Distributing certain materials to persons under the age of 21 in violation of Code Section 16-7-84; (K) Any subsequent violation of Code Sections 16-8-2 through 16-8-5 or 16-8-5.2 through 16-8-9, if the property which was the subject of the theft was a motor vehicle and such child has had one or more separate, prior adjudications of delinquency based upon a violation of Code Sections 16-8-2 through 16-8-5 or 168-5.2 through 16-8-9, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (L) Any subsequent violation of Code Section 16-7-85 or 16-7-87, if such child has had one or more separate, prior adjudications of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; (M) Any subsequent violation of subsection (b) of Code Section 16-11-132, if such child has had one or more separate, prior adjudications of delinquency based upon a violation of subsection (b) of Code Section 16-11-132, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location; 1774 JOURNAL OF THE SENATE (N) An act which constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or which is a first violation of Code Section 16-11-127.1 involving: (i) A firearm, as defined in paragraph (2) of subsection (a) of Code Section 16-11131; (ii) A dangerous weapon or machine gun, as defined in Code Section 16-11-121; or (iii) Any weapon, as defined in Code Section 16-11-127.1, together with an assault; or (O) Any other act which, if committed by an adult, would be a felony in violation of any chapter of Title 16 other than Chapter 5 or 6 of Title 16, if such child has three times previously been adjudicated for delinquent acts, all of which, if committed by an adult, would have been felonies in violation of any chapter of Title 16 other than Chapter 5 or 6 of Title 16, provided that the prior adjudications of delinquency shall not have arisen out of the same transaction or occurrence or series of events related in time and location. (14) 'Complaint' is the initial document setting out the circumstances that resulted in a child being brought before the court. (15) 'Court' means the juvenile court or the court exercising jurisdiction over juvenile matters. (16) 'Court appointed special advocate' or 'CASA' means a community volunteer who: (A) Has been screened and trained regarding child abuse and neglect, child development, and juvenile court proceedings; (B) Has met all the requirements of an affiliate court appointed special advocate program; (C) Is being actively supervised by an affiliate court appointed special advocate program; and (D) Has been sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. (17) 'Criminal justice purposes' means the performance of any activity directly involving: (A) The investigation, detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused of, convicted of, adjudicated of, or charged with crimes or delinquent acts; or (B) The collection, storage, and dissemination of criminal history record information. (18) 'DBHDD' means the Department of Behavioral Health and Developmental Disabilities. (19) 'Delinquent act' means: (A) An act committed by a child designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by THURSDAY, MARCH 21, 2013 1775 local ordinance, and the act is not an offense applicable only to a child or a juvenile traffic offense; (B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudicated to have committed a delinquent act; or (C) Failing to appear as required by a citation issued for an act that would be a crime if committed by an adult. (20) 'Delinquent child' means a child who has committed a delinquent act and is in need of treatment or rehabilitation. (21) 'Department' means the Department of Human Services. (22) 'Dependent child' means a child who: (A) Has been abused or neglected and is in need of the protection of the court: (B) Has been placed for care or adoption in violation of law; or (C) Is without his or her parent, guardian, or legal custodian. (23) 'Detention assessment' shall have the same meaning as set forth in Code Section 49-4A-1. (24) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (25) 'Developmental level' is a child's ability to understand and communicate, taking into account such factors as age, maturity, mental capacity, level of education, cultural background, and degree of language acquisition. (26) 'DFCS' means the Division of Family and Children Services of the department. (27) 'Diligent search' means the efforts of DFCS to identify and locate a parent whose identity or location is unknown or a relative or other person who has demonstrated an ongoing commitment to a child. (28) 'DJJ' means the Department of Juvenile Justice. (29) 'Emancipation' means termination of the rights of a parent to the custody, control, services, and earnings of a child. (30) 'Emotional abuse' means acts or omissions by a person responsible for the care of a child that cause any mental injury to such child's intellectual or psychological capacity as evidenced by an observable and significant impairment in such child's ability to function within a child's normal range of performance and behavior or that create a substantial risk of impairment, if the impairment or substantial risk of impairment is diagnosed and confirmed by a licensed mental health professional or physician qualified to render such diagnosis. (31) 'Evaluation' means a comprehensive, individualized examination of a child by an examiner that may include the administration of one or more assessment instruments, diagnosing the type and extent of a child's behavioral health disorders and needs, if any, making specific recommendations, and assessing a child's legal competencies. (32) 'Examiner' means a licensed psychologist, psychiatrist, or clinical social worker who has expertise in child development specific to severe or chronic disability of children attributable to intellectual impairment or mental illness and has received training in forensic evaluation procedures through formal instruction, professional 1776 JOURNAL OF THE SENATE supervision, or both. (33) 'Fictive kin' means a person who is known to a child as a relative, but is not, in fact, related by blood or marriage to such child and with whom such child has resided or had significant contact. (34) 'Foster care' means placement in foster family homes, child care institutions, or another substitute care setting approved by the department. Such term shall exclude secure residential facilities or other facilities operated primarily for the purpose of detention of a child adjudicated for delinquent acts. (35) 'Guardian ad litem' means an individual appointed to assist the court in determining the best interests of a child. (36) 'Guardianship order' means the court judgment that establishes a permanent guardianship and enumerates a permanent guardian's rights and responsibilities concerning the care, custody, and control of a child. (37) 'Identification data' means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of a child. (38) 'Indigent person' means a person who, at the time of requesting an attorney, is unable without undue financial hardship to provide for full payment of an attorney and all other necessary expenses for representation or a child who is a party to a dependency proceeding. To determine indigence in a delinquency proceeding, the court shall follow the standards set forth in Chapter 12 of Title 17. (39) 'Informal adjustment' means the disposition of case other than by formal adjudication and disposition. (40) 'Judge' means the judge of the court exercising jurisdiction over juvenile matters. (41) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, DJJ staff member serving as an intake officer, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, who is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention. (42) 'Legal custodian' means: (A) A person to whom legal custody of a child has been given by order of a court; or (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of such child has been given by order of a court. (43) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who: (A) Has legally adopted a child; (B) Was married to the biological mother of a child at the time such child was conceived or was born, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of a child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to THURSDAY, MARCH 21, 2013 1777 Article 3 of Chapter 7 of Title 19; (D) Has been determined to be the father of a child by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; (E) Has legitimated a child by a final order pursuant to Code Section 19-7-22; or (F) Has legitimated a child pursuant to Code Section 19-7-22.1. (44) 'Legal mother' means the female who is the biological or adoptive mother of a child and who has not surrendered or had terminated her rights to such child. (45) 'Mediation' means the procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement. (46) 'Mediator' means a neutral third party who attempts to focus the attention of the parties upon their needs and interests rather than upon their rights and positions and who lacks the authority to impose any particular agreement upon the parties or to recommend any particular disposition of the case to the court. (47) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (48) 'Neglect' means: (A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child's physical, mental, or emotional health or morals; (B) The failure to provide a child with adequate supervision necessary for such child's well-being; or (C) The abandonment of a child by his or her parent, guardian, or legal custodian. (49) 'Nonsecure residential facility' means community residential locations operated by or on behalf of DJJ and may include group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting. (50) 'Other persons who have demonstrated an ongoing commitment to a child' includes fictive kin and other individuals, including but not limited to neighbors, teachers, scout masters, caregivers, or parents of friends of such child and with whom such child has resided or had significant contact. (51) 'Parent' means either the legal father or the legal mother of a child. (52) 'Party' means the state, a child, parent, guardian, legal custodian, or other person subject to any judicial proceeding under this chapter; provided, however, that for purposes of Article 6 of this chapter, only a child and the state shall be a party. (53) 'Permanency plan' means a specific written plan prepared by DFCS designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute long-term home when return to such child's family is not possible or is not in such child's best interests. (54) 'Permanent placement' means: (A) Return of the legal custody of a child to his or her parent; (B) Placement of a child with an adoptive parent pursuant to a final order of 1778 JOURNAL OF THE SENATE adoption; or (C) Placement of a child with a permanent guardian. (55) 'Person responsible for the care of a child' means: (A) An adult member of a child's household; (B) A person exercising supervision over a child for any part of the 24 hour day; or (C) Any adult who, based on his or her relationship to the parent, guardian, or legal custodian or a member of a child's household, has access to such child. (56) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, as such term is defined in Code Section 1613-21, which results in: (A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite thereof in a newborn's body, blood, urine, or meconium that is not the result of medical treatment; or (B) Medically diagnosed and harmful effects in a newborn's physical appearance or functioning. (57) 'Probation and intake officer' means any probation officer and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this chapter, other than a juvenile court judge, associate juvenile court judge, or court service worker. (58) 'Probation officer' means any personnel of a juvenile court or staff of DJJ to whom are delegated the duties of a probation officer under this chapter, other than a juvenile court judge or associate juvenile court judge. (59) 'Prosecuting attorney' means an attorney designated by the district attorney of the judicial circuit in which juvenile proceedings are instituted, unless otherwise provided in subsection (c) of Code Section 15-18-6.1. (60) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9. (61) 'Reasonable efforts' means due diligence and the provision of appropriate services. (62) 'Relative' means a person related to a child by blood, marriage, or adoption, including the spouse of any of those persons even if the marriage was terminated by death or dissolution. (63) 'Restitution' means any property, lump sum, or periodic payment ordered to be made to any victim. Restitution may also be in the form of services ordered to be performed by a child. (64) 'Restrictive custody' means in the custody of DJJ for purposes of housing in a secure residential facility or nonsecure residential facility. (65) 'Risk assessment' shall have the same meaning as set forth in Code Section 494A-1. (66) 'Screening' means a relatively brief process to identify a child who potentially may have mental health or substance abuse needs, through administration of a formal screening instrument, to identify a child who may warrant immediate attention or intervention or a further, more comprehensive evaluation. THURSDAY, MARCH 21, 2013 1779 (67) 'Secure residential facility' means a hardware secure residential institution operated by or on behalf of DJJ and shall include a youth development center or a regional youth detention center. (68) 'Services' means assistance including but not limited to care, guidance, education, counseling, supervision, treatment, and rehabilitation or any combination thereof. (69) 'Sexual abuse' means a caregiver or other person responsible for the care of a child employing, using, persuading, inducing, enticing, or coercing any child to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) The condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure by a licensed health care professional. (70) 'Sexual exploitation' means conduct by a caregiver or other person responsible for the care of a child who allows, permits, encourages, or requires a child to engage in: (A) Prostitution, in violation of Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100. (71) 'Sibling' means a person with whom a child shares one or both parents in common by blood, adoption, or marriage, even if the marriage was terminated by death or dissolution. (72) 'Staffing' means a meeting held periodically to develop and review progress on plans for meeting the identified needs of a child. (73) 'Statutory overnight delivery' means delivery of notice as provided in Code Section 9-10-12. (74) 'Unsupervised probation' means a period of probation or community supervision prior to the termination of a child's disposition in which: (A) All of the conditions and limitations imposed by the court in placing such child on probation remain intact; (B) Such child may have reduced reporting requirements; and (C) A probation officer shall not actively supervise such child. (75) 'Visitation' means a period of access to a child by a parent, guardian, legal 1780 JOURNAL OF THE SENATE custodian, sibling, other relative, or any other person who has demonstrated an ongoing commitment to a child in order to maintain parental and familial involvement in a child's life when he or she is not residing with such person. (76) 'Weekend' means Saturday or Sunday. 15-11-3. Through direct calendaring, whenever possible, a single judge shall hear all successive cases or proceedings involving the same child or family. 15-11-4. Where procedures are not provided in this chapter, the court shall proceed in accordance with: (1) Title 17 in a delinquency proceeding; and (2) Chapter 11 of Title 9 in all other matters. 15-11-5. (a) When a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on a weekend, the party having such privilege or duty shall have through the following business day to exercise such privilege or discharge such duty. (b) When the last day prescribed for the exercise of any privilege or the discharge of any duty falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having such privilege or duty shall have through the next business day to exercise such privilege or discharge such duty. (c) When the period of time prescribed is less than seven days, intermediate weekends and legal holidays shall be excluded in the computation. 15-11-6. (a) Except as provided in subsection (b) of this Code section, a child attains a specified age the first second past midnight on the day of the anniversary of such child's birth. (b) A child born on February 29 attains a specified age on March 1 of any year that is not a leap year. 15-11-7. (a) The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 or more years of age that may be in violation of the laws of this state whenever such person is brought before the court in the course of any proceeding instituted under this chapter. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest. THURSDAY, MARCH 21, 2013 1781 (b) When, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make such bail as the court shall deem proper under the circumstances and to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law. 15-11-8. The juvenile court is a court of record having a seal. The judge and the judge's duly appointed representatives shall each have power to administer oaths and affirmations. 15-11-9. The juvenile court judge, associate juvenile court judge, and judge pro tempore shall have authority to issue a warrant for the arrest of any child for an offense committed against the laws of this state, based either on personal knowledge or the information of others given under oath. 15-11-10. Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child who: (A) Is alleged to be a delinquent child; (B) Is alleged to be a child in need of services; (C) Is alleged to be a dependent child; (D) Is alleged to be in need of treatment or commitment as a mentally ill or developmentally disabled child; (E) Is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-630; (F) Has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to such child's seventeenth birthday; (G) Has remained in foster care after such child's eighteenth birthday or who is receiving independent living services from DFCS after such child's eighteenth birthday; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of such child and the services being provided to such child as a result of such child's independent living plan or status as a child in foster care; or (H) Requires a comprehensive services plan in accordance with Code Section 1511-658; or (2) Involving any proceedings: (A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law; 1782 JOURNAL OF THE SENATE (B) For permanent guardianship brought pursuant to the provisions of Article 3 of this chapter; (C) Under Code Section 39-3-2, the Interstate Compact on Juveniles, or any comparable law, enacted or adopted in this state; (D) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child in accordance with Article 2 of this chapter; provided, however, that such jurisdiction shall not affect the superior court's exclusive jurisdiction to terminate the legal parent-child relationship as set forth in Chapters 6 through 9 of Title 19; (E) For emancipation brought pursuant to the provisions of Article 10 of this chapter; (F) Under Article 8 of this chapter, relating to prior notice to a parent, guardian, or legal custodian relative to an unemancipated minor's decision to seek an abortion; or (G) Brought by a local board of education pursuant to Code Section 20-2-766.1, relating to court orders requiring that a parent, guardian, or legal custodian attend a conference or participate in programs or treatment to improve a student's behavior. 15-11-11. The juvenile court shall have concurrent jurisdiction to hear: (1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child alleged to be dependent; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The issue of custody and support when the issue is transferred by proper order of the superior court; provided, however, that if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for the jury trial; and (4) Any petition for the establishment or termination of a temporary guardianship transferred to the court by proper order of the probate court. 15-11-12. (a) Nothing in this chapter shall be construed to prevent a child from being adjudicated both a dependent child and a delinquent child or both a dependent child and a child in need of services if there exists a factual basis for such a finding. (b) If a child alleged or adjudicated to be a delinquent child or a child in need of services is also alleged or adjudicated to be a dependent child, dependency proceedings may be consolidated with delinquency or child in need of services proceedings to the extent consistent with due process of law as provided in Articles 3, 6, and 7 of this chapter. (c) The time frames and requirements of Article 3 of this chapter shall apply to cases in which a child alleged or adjudicated to be a child in need of services or a delinquent child is placed in foster care and has also been alleged or adjudicated to be a dependent child. THURSDAY, MARCH 21, 2013 1783 15-11-13. The court shall have jurisdiction to appoint a guardian of the person of any child in any proceeding authorized by this chapter. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons of any child by the probate court. In the event a conservator for a child's property needs to be appointed, the court shall refer that matter to the probate court. 15-11-14. (a) The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8. (b) After notice and hearing, the court may make one of the following orders: (1) That the temporary guardianship be established or continued if the court determines that the temporary guardianship is in the best interests of a child. The order shall thereafter be subject to modification only as provided in Code Section 1511-32; or (2) That the temporary guardianship be terminated if the court determines it is in the best interests of a child. A child shall be returned to his or her parent unless the court determines that there is probable cause to believe that he or she will be abused, neglected, or abandoned in the custody of his or her parent. (c) A case shall proceed as a dependency matter pursuant to the provisions of Article 3 of this chapter if, after notice and hearing, the court determines: (1) That it is in the best interests of a child that the temporary guardianship not be established or that the temporary guardianship be terminated but there is probable cause to believe that he or she will be abused, neglected, or abandoned if returned to his or her parent; or (2) That it is in the best interests of a child that the temporary guardianship be continued over the parent's objection. (d) The court may refer to DFCS for further investigation a case transferred from probate court. 15-11-15. (a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination. (b) If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court. (c) At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court. 1784 JOURNAL OF THE SENATE 15-11-16. (a) A proceeding under this chapter may be commenced: (1) By an order of transfer of a case from another court as provided in Code Section 15-11-11 or 15-11-567, subsection (f) of Code Section 29-2-6, or subsection (b) of Code Section 29-2-8; (2) By the summons, notice to appear, or other citation in a proceeding charging a juvenile traffic offense or a violation of the laws, rules, and regulations governing the Department of Natural Resources Game and Fish Division; or (3) By the filing of a petition for legitimation under Code Section 15-11-11, or in other cases by the filing of a complaint or a petition as provided in Articles 3, 4, 6, 7, 9, and 11 of this chapter. (b) The petition and all other documents in the proceeding shall be entitled 'In the interest of _____, a child,' except upon appeal. (c) On appeal, the anonymity of a child, and where appropriate, a victim or witness who is under the age of 18 years, shall be preserved by appropriate use of a child's, victim's, or witness's initials as appropriate. 15-11-17. (a) All hearings under this chapter shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court. (b) Except as otherwise provided, all hearings shall be conducted in accordance with Title 24. (c) Proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the proceedings. (d) A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this chapter in any county within the judicial circuit. When a superior court judge sits as a juvenile court judge, hearings in connection with any proceeding under this chapter may be heard before such judge in any county within the judicial circuit over which the judge presides. 15-11-18. Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue subpoenas in accordance with the provisions of Title 24 requiring attendance and testimony of witnesses and production of evidence at any hearing under this chapter. A delinquency proceeding conducted in this state shall be considered a criminal prosecution insofar as the applicability of Article 4 of Chapter 13 of Title 24. 15-11-19. (a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, THURSDAY, MARCH 21, 2013 1785 and to appeal the orders of the court; provided, however, that the court shall retain the discretion to exclude a child from any part or parts of any proceeding under Article 3 of this chapter if the court determines that it is not in such child's best interests to be present. An attorney for an excluded child shall not be excluded from the proceedings. (b) A person afforded rights under this chapter shall be advised of such rights at that person's first appearance before the court. 15-11-20. (a) At any time during a proceeding under this chapter, the court may refer a case to mediation. (b) When referring a case to mediation, the court shall take into consideration the guidelines from the Georgia Commission of Dispute Resolution for mediating cases involving domestic violence or family violence. (c) A referral order shall recite that while the parties shall attend a scheduled mediation session and shall attempt to mediate in good faith, such parties shall not be required to reach an agreement. (d) Victims in a delinquency case referred to mediation may attend and participate in such mediation, but shall not be required to do so as a condition of such case being heard by the juvenile court. 15-11-21. (a) Once an order referring a case to mediation has been signed, the court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases. (b) The court shall appoint a qualified mediator within five days of signing the order referring the case to mediation. 15-11-22. (a) The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties' intent to resolve such controversies through mediation, and specify the circumstances under which mediation may continue. The agreement to mediate shall specify the confidentiality requirements of mediation and the exceptions to confidentiality in mediation as such are set forth in the Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices. (b) A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, the absence of bargaining ability, unconscionability, or lack of court jurisdiction. (c) Prior to the parties signing an agreement to mediate, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation. (d) The mediator shall at all times be impartial. 1786 JOURNAL OF THE SENATE 15-11-23. (a) Upon issuing a referral to mediation the court may stay the proceeding. (b) Mediation shall occur as soon as practicable and be scheduled within 30 days of the order referring the matter to mediation unless the time frame is extended by the court. (c) The court may extend the timeline for scheduling a mediation for an additional 30 days. 15-11-24. (a) Either party in a mediation may withdraw from or terminate further participation in mediation at any time. (b) A mediator shall terminate mediation when: (1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process; (2) The mediator concludes that a party lacks the capacity to perceive and assert his or her own interests to the degree that a fair agreement cannot be reached; (3) The mediator concludes that an agreement is unlikely; or (4) The mediator concludes that a party is a danger to himself or herself or others. 15-11-25. (a) All mediation agreements shall be presented to the juvenile court judge for approval. (b) The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best interests of the child. 15-11-26. Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of such child's age and developmental needs. Such factors shall include: (1) The physical safety and welfare of such child, including food, shelter, health, and clothing; (2) The love, affection, bonding, and emotional ties existing between such child and each parent or person available to care for such child; (3) The love, affection, bonding, and emotional ties existing between such child and his or her siblings, half siblings, and stepsiblings and the residence of such other children; (4) Such child's need for permanence, including such child's need for stability and continuity of relationships with his or her parent, siblings, other relatives, and any other person who has provided significant care to such child; (5) Such child's sense of attachments, including his or her sense of security and familiarity, and continuity of affection for such child; (6) The capacity and disposition of each parent or person available to care for such child to give him or her love, affection, and guidance and to continue the education THURSDAY, MARCH 21, 2013 1787 and rearing of such child; (7) The home environment of each parent or person available to care for such child considering the promotion of such child's nurturance and safety rather than superficial or material factors; (8) The stability of the family unit and the presence or absence of support systems within the community to benefit such child; (9) The mental and physical health of all individuals involved; (10) The home, school, and community record and history of such child, as well as any health or educational special needs of such child; (11) Such child's community ties, including church, school, and friends; (12) Such child's background and ties, including familial, cultural, and religious; (13) The least disruptive placement alternative for such child; (14) The uniqueness of every family and child; (15) The risks attendant to entering and being in substitute care; (16) Such child's wishes and long-term goals; (17) The preferences of the persons available to care for such child; (18) Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in any current, past, or considered home for such child; (19) Any recommendation by a court appointed custody evaluator or guardian ad litem; and (20) Any other factors considered by the court to be relevant and proper to its determination. 15-11-27. During the pendency of any proceeding under this chapter, the court may order: (1) A child to be examined by outside parties or private providers at a suitable place by a physician or psychologist; provided, however, that orders to perform an evaluation shall not be imposed upon any state agency or county government unless such state agency or county government has funds available for such evaluation; and (2) Medical or surgical treatment of a child suffering from a serious physical condition or illness which, in the opinion of a licensed physician, requires prompt treatment, even if the parent, guardian, or legal custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his or her refusal to consent to the treatment. 15-11-28. (a) No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered screenings, shall be admitted into evidence in any adjudication hearing in which a child is accused under this chapter. Such admission, confession, or incriminating information may be considered by the court at disposition. 1788 JOURNAL OF THE SENATE (b) No admission, confession, or incriminating information obtained from a child in the course of any assessment or evaluation, or any treatment that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered detention or risk assessments and evaluations, shall be admitted into evidence against such child, except as rebuttal or impeachment evidence, or used as a basis for such evidence in any future adjudication hearing or criminal proceeding in which such child is accused. Such admission, confession, or incriminating information may be considered by the court at disposition. 15-11-29. (a) In any proceeding under this chapter, either on application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person: (1) To stay away from a person's home or a child; (2) To permit a parent to visit his or her child at stated periods; (3) To abstain from offensive conduct against a child, his or her parent, or any person to whom custody of such child is awarded; (4) To give proper attention to the care of his or her home; (5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which a child is referred by the court; (6) To refrain from acts of commission or omission that tend to make a home not a proper place for a child; (7) To ensure that a child attends school pursuant to any valid law relating to compulsory attendance; (8) To participate with a child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and (9) To enter into and complete successfully a substance abuse program approved by the court. (b) After notice and opportunity for hearing afforded to a person subject to a protective order, a protective order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby. (c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of a child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court. 15-11-30. A legal custodian has the right to physical custody of a child, the right to determine the nature of the care and treatment of such child, including ordinary medical care, and the right and duty to provide for the care, protection, training, and education and the THURSDAY, MARCH 21, 2013 1789 physical, mental, and moral welfare of such child, subject to the conditions and limitations of the order and to the remaining rights and duties of such child's parent or guardian. 15-11-31. (a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish an adult for contempt of court by imprisonment for not more than 20 days or a fine not to exceed $1,000.00 for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders. (b) The court shall restrict and limit the use of contempt powers with respect to commitment of a child to a secure residential facility or nonsecure residential facility and in no event shall a child solely alleged or adjudicated to be a dependent child be placed in a secure residential facility or nonsecure residential facility. (c) A child may be placed in a secure residential facility or nonsecure residential facility for not more than 72 hours if: (1) He or she is found in contempt of court; and (2) Less restrictive alternatives have been considered and are unavailable or inappropriate or if such child has already been ordered to serve a less restrictive alternative sanction but failed to comply with the sanction. (d) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity to be heard, the court may impose any or all of the following sanctions when a parent, guardian, or legal custodian other than DJJ or DFCS willfully violates any order issued by the court directed to him or her: (1) Require a child's parent, guardian, or legal custodian to make restitution as provided in Code Section 17-14-5; (2) Reimburse the state for the costs of detention, treatment, or rehabilitation of a child; (3) Require a child's parent, guardian, or legal custodian to participate in a court approved educational or counseling program designed to contribute to the ability to provide proper parental care and supervision of such child, including, but not limited to, parenting classes; or (4) Require a child's parent, guardian, or legal custodian to enter into a contract or plan as a part of the disposition of any charges against such child so as to provide for the supervision and control of such child by his or her parent, guardian, or legal custodian and reunification with such child. 15-11-32. (a) An order of the court shall be set aside if: (1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action; (2) The court lacked jurisdiction over a necessary party or the subject matter; or (3) Newly discovered evidence so requires. 1790 JOURNAL OF THE SENATE (b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interests of a child except an order of dismissal following a contested adjudicatory hearing. (c) Except as otherwise provided in Code Section 15-11-602, an order committing a child to DJJ may only be modified after such child has been transferred to DJJ custody upon motion of DJJ. (d) An order of adjudication of delinquency by a court may be modified or vacated if the child was adjudicated for a delinquent act for a sexual crime as defined in Code Section 16-3-6 and such crime resulted from the child being: (1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or (2) A victim of sexual exploitation as defined in Code Section 49-5-40. (e) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in a child may petition the court for the relief provided in this Code section. Such petition shall set forth in clear and concise language the grounds upon which the relief is requested. (f) After a petition seeking relief under this Code section is filed, the court shall fix a time for hearing and shall cause notice to be served on the parties to the proceeding or those affected by the relief sought. After the hearing, the court shall deny or grant relief as the evidence warrants. 15-11-33. (a) Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent to whom the reunification plan is directed. (b) Within 30 days of the filing of the transfer order, the transferring court shall provide the receiving court with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and any other court documents deemed necessary by the transferring court to enable the receiving court to assume jurisdiction over the matter. (c) The transferring court shall retain jurisdiction until the receiving court acknowledges acceptance of the transfer. (d) Compliance with this Code section shall terminate jurisdiction in the transferring court and confer jurisdiction in the receiving court. 15-11-34. Except as otherwise provided by Code Section 17-10-14, a child shall not be committed to an adult correctional facility or other facility used primarily for the execution of sentences of persons convicted of a crime. 15-11-35. In all cases of final judgments of the juvenile court, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior THURSDAY, MARCH 21, 2013 1791 court. However, no such judgment or order shall be superseded except in the discretion of the trial court; rather, the judgment or order of the court shall stand until reversed or modified by the reviewing court. 15-11-36. (a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court: (1) The cost of medical and other examinations and treatment of a child ordered by the court; (2) The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than DJJ, but the court may order supplemental payments, if such are necessary or desirable for services; (3) Reasonable compensation for services and related expenses of an attorney appointed by the court, when appointed by the court to represent a child and when appointed by the court to conduct the proceedings; (4) Reasonable compensation for a guardian ad litem; (5) The expense of service of summons, notices, and subpoenas; travel expenses of witnesses; transportation, subsistence, and detention of a child for juvenile court proceedings or superior court proceedings when a child is prosecuted in superior court pursuant to Code Section 15-11-560; and other like expenses incurred in the proceedings under this chapter; and (6) The cost of counseling and counsel and advice required or provided under the provisions of Code Section 15-11-212 or 15-11-601. (b) The court shall determine whether the expenses shall be a charge upon the funds of the county and certify such expenses to the county governing authority within 120 days from the date such expenses were submitted to the court for certification. If the court has not made such certification within 120 days, the court shall be deemed to have denied certification. (c) If, after due notice to the parent or other person legally obligated to care for and support a child and after affording such person an opportunity to be heard, the court finds that such person is financially able to pay all or part of the costs and expenses outlined in subsection (a) of this Code section, the court may order such person to pay the same and prescribe the manner of payment. In addition, the court may order payment from a child's parent or other legally obligated person or entity to reimburse all or part of the costs and expenses of the department or DJJ for treatment, care, and support of a child. Unless otherwise ordered, payment shall be made to the clerk of the court for remittance to the person or agency, including the department or DJJ, to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county. 15-11-37. (a) The court may collect supervision fees from those who are placed under the court's formal or informal supervision in order that the court may use those fees to expand the 1792 JOURNAL OF THE SENATE provision of the following types of ancillary services: (1) Housing in nonsecure residential facilities; (2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Mediation; (5) Transportation to and from court ordered services; (6) Truancy intervention services; (7) Restitution programs; (8) Job development or work experience programs; (9) Community services; and (10) Any other additional programs or services needed to meet the best interests, development, and rehabilitation of a child. (b)(1) The juvenile court may order each delinquent child or child in need of services who receives supervision to pay to the clerk of the court: (A) An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and (B) A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that a child receives supervision. (2) A child and his or her parent, guardian, or legal custodian may be jointly and severally liable for the payment of fees set forth in paragraph (1) of this subsection and shall be subject to the enforcement procedure in subsection (c) of Code Section 15-11-36. The judge shall provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by such child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by the treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing community services described in subsection (a) of this Code section to child offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. (c) The clerk of the court shall be responsible for collections of fees as ordered by the court. (d) For the purpose of this Code section, the term 'legal custodian' shall not be interpreted or construed to include the department or DJJ. 15-11-38. (a) Any court may order the establishment of a community based risk reduction THURSDAY, MARCH 21, 2013 1793 program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in need of services so long as the court determines that sufficient funds are available for such programs. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program. (b) As part of a risk reduction program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The court's involvement shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program. (c) As part of an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, DJJ, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize the exchange of confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in Code Section 15-11-40. (d) When any agency or entity participating in a protocol agreement identifies a child who is at risk of becoming a delinquent child, dependent child, or child in need of services, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for such child. Such child or his or her parent, or both, may be present during any review of such child's case by the panel. A child's parent, guardian, or legal custodian shall be notified of the intervention plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, other than the judge, shall work with the other agencies involved to educate a child's parent, guardian, or legal custodian and such child on the importance of following the intervention plan and on the consequences if anyone is referred to the court. If an intervention plan is developed for a child and his or her parent, guardian, or legal custodian consents to such plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to DFCS. 15-11-39. (a) In any jurisdiction within which a risk reduction program has been established, when a child comes before the court for disposition, the court may order that a risk assessment or risk and needs assessment, as defined in Code Section 49-4A-1, be made 1794 JOURNAL OF THE SENATE of such child and the circumstances resulting in such child being before the court. (b) If the results of a risk assessment or risk and needs assessment, as defined in Code Section 49-4A-1, demonstrates a need for a case plan, the court may order that a case plan be developed by a panel representing community agencies as authorized by the court. A case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist a child. (c) A case plan shall be served on a child and his or her parent, guardian, or legal custodian. A case plan shall also include a cover letter which contains the following information: (1) Sources to explain the process, procedures, and penalties for not responding to the court order in the prescribed time frame; and (2) The deadline for responding to the court order and stating objections to the case plan or any portion thereof is ten days from the date of service. (d) If no objection is made or if a child and his or her parent, guardian, or legal custodian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time such child is under the jurisdiction of the court. (e) If a child or his or her parent, guardian, or legal custodian objects to the case plan, the court shall conduct a hearing. The court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 15-11-29, without the necessity of a show cause hearing, unless objection is made to the case plan. 15-11-40. (a) Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduction program may exchange, as necessary, information, medical records, school records, immigration records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in such program if such exchange of information is ordered by the court or consented to by the parties. Such information shall be used by such individuals and agencies only for the purposes provided in this chapter and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential as required by state and federal law and the court may punish any violations of confidentiality as contempt of court. (b) Any person who authorizes or permits any unauthorized person or agency to have access to confidential records or reports of child abuse shall be guilty of a THURSDAY, MARCH 21, 2013 1795 misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain confidential records or reports of child abuse or information contained therein shall be guilty of a misdemeanor. (c) Confidential records or reports of child abuse and information obtained from such records may not be made a part of any record which is open to the public except that a prosecuting attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. (d) This Code section shall not abridge the provisions relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof. 15-11-41. (a) Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information: (1) For release of child abuse records by the department, a subpoena and subsequent order of the court requiring the release of such information in accordance with Code Section 49-5-41; (2) For release of information relating to diagnosis, prognosis, or treatment of drug and alcohol abuse: (A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; or (C) A subpoena requiring the release of such information and protective order of the court regarding the release of such information; and (3) For release of confidential health, mental health, or education records: (A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person's parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian 1796 JOURNAL OF THE SENATE and has not designated anyone as a personal representative; (C) A subpoena requiring the release of such information; or (D) An order of the court requiring the release of such information. (b) In issuing an order for the release of information under this Code section, the court may: (1) Include protections against further disclosure of the information; (2) Limit the purposes for which the information may be used; and (3) Require records to be redacted so that only relevant information is shared. (c) Nothing in this Code section shall be deemed to replace the responsibility of entities governed by federal and state privacy laws to comply with such laws. (d) Nothing in this Code section shall be construed as barring or limiting the release of confidential information referred to in this Code section pursuant to a search warrant. ARTICLE 2 15-11-50. (a) There is created a juvenile court in every county in the state. (b) Except where election is provided by local law, the judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed shall have the authority to act as judge of each juvenile court in each county of the circuit. (c) If no person is appointed as a juvenile court judge for a circuit, then a superior court judge of the circuit shall as part of the duties of the superior court judge assume the duties of the juvenile court judge in all counties in the circuit in which a separate juvenile court judgeship has not been established. (d) All juvenile court judgeships established on or before October 1, 2000, and their methods of compensation, selection, and operation shall continue until such time as one or more circuit-wide juvenile court judges are appointed. However, in any circuit where a superior court judge assumes the duties of the juvenile court judge, such circuit shall not be entitled to the state funds provided for in Code Section 15-11-52. (e) When one or more circuit-wide juvenile court judges are appointed or elected, any juvenile court judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit wide. (f) After the initial appointments and prior to any subsequent appointment or reappointment of any part-time or full-time juvenile court judge, the judge or judges responsible for making the appointment shall publish notice of the vacancy of the juvenile court judgeship once a month for three months prior to such appointment or reappointment. Such notice shall be published in the official legal organ of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such THURSDAY, MARCH 21, 2013 1797 notice is published. (g) In the event that more than one juvenile court judge is appointed, one judge shall be designated presiding judge. (h) In any case in which action under this Code section is to be taken by a superior court judge of the circuit, such action shall be taken as follows: (1) Where there are one or two superior court judges, such action shall be taken by the chief judge of the circuit; and (2) Where there are more than two superior court judges, such action shall be taken by a majority vote of the judges of the circuit. 15-11-51. (a) No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of this state for three years, is a member of the State Bar of Georgia, and has practiced law for five years. (b) A juvenile court judge shall be eligible for reappointment or reelection. 15-11-52. (a) Each appointed juvenile court judge shall serve for a term of four years. (b) The compensation of the full-time or part-time juvenile court judges shall be set by the superior court with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed. (c) Out of funds appropriated to the judicial branch of government, the state shall contribute toward the salary of the judges on a per circuit basis in the following amounts: (1) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state base grant of $85,000.00; (2) In addition to this base amount, each circuit which has more than four superior court judges shall be eligible for additional state grants. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant in an amount equal to one-fourth of the base amount of the state grant; (3) In circuits where the superior court judges elect to use the state grant for one or more part-time judges, the amount of the state grant shall be as follows: (A) For each part-time judge who works one day weekly . . . . . . . . . $17,000.00 (B) For each part-time judge who works two days weekly. . . . . . . . . 34,000.00 (C) For each part-time judge who works three days weekly. . . . . . . . 51,000.00 (D) For each part-time judge who works four days weekly. . . . . . . . 68,000.00; provided, however, that a grant for one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with paragraphs (1) and (2) of this subsection; and (4) All state grants provided by this subsection shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes. 1798 JOURNAL OF THE SENATE 15-11-53. (a) It shall be unlawful for any full-time juvenile court judge to engage in any practice of law outside his or her role as a juvenile court judge. (b) It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in the court to which he or she is assigned or in any other court in any case, proceeding, or any other matters of which it has pending jurisdiction or has had jurisdiction. (c) It shall be unlawful for any juvenile court judge, full time or part time, to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in court, except such advice or counsel as a judge is called upon to give while performing the duties of a juvenile court judge. 15-11-54. (a) Each juvenile court shall be assigned and attached to the superior court of the county for administrative purposes. (b) The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro rata contribution toward the costs of such benefits, based on county population. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System provided by Chapter 23 of Title 47. (c) Except for state base grants provided by Code Section 15-11-52, all expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed. 15-11-55. (a) To the extent that the provisions of this article conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern. (b) The state grants provided by Code Section 15-11-52 shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide juvenile court judges, whether the judge or judges shall be full time or part time or a combination of THURSDAY, MARCH 21, 2013 1799 full time and part time, and the compensation of any part-time juvenile court judge or judges. 15-11-56. (a) No person who is serving as a full-time juvenile court judge shall at the same time hold the office of judge of any other class of court of this state. (b) No person serving as a juvenile court judge after being elected juvenile court judge pursuant to a local law authorized by a constitutional amendment shall at the same time hold the office of judge of any other class of court of this state. (c) Nothing in this Code section shall prevent any duly appointed or elected juvenile court judge from sitting by designation as a superior court judge pursuant to Code Section 15-1-9.1. 15-11-57. (a) Whenever a juvenile court judge is appointed it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of such order, the Secretary of State shall issue a commission as for superior court judges. (b) Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the juvenile court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges. 15-11-58. (a) All of the judges and associate judges of the courts exercising jurisdiction over children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairperson of the council. (b) The Council of Juvenile Court Judges: (1) Shall meet at stated times to be fixed by it or on call of the chairperson; (2) May establish general policies for the conduct of courts exercising jurisdiction over children; (3) May promulgate uniform rules and forms governing procedures and practices of the courts; (4) Shall publish in print or electronically an annual report of the work of the courts exercising jurisdiction over children, which shall include statistical and other data on the courts' work and services, research studies the council may make of the problems of children and families dealt with by the courts, and any recommendations for legislation; and (5) Shall be authorized to inspect and copy records of the courts, law enforcement agencies, the department, and DJJ for the purpose of compiling statistical data on 1800 JOURNAL OF THE SENATE children. (c) Subject to the approval of the Council of Juvenile Court Judges, the presiding judge of the council shall appoint a chief administrative and executive officer for the council who shall have the title of director of the Council of Juvenile Court Judges. Under the general supervision of the presiding judge of the council and within the policies established by the council, the director shall: (1) Provide consultation to the courts regarding the administration of court services and the recruitment and training of personnel; (2) Make recommendations to the council for improvement in court services; (3) With the approval of the presiding judge, appoint consultants and necessary clerical personnel to perform the duties assigned to the council and the director; (4) Collect necessary statistics and prepare an annual report of the work of the courts; (5) Promulgate in cooperation with DJJ standard procedures for coordinating DJJ and county juvenile probation services throughout this state; and (6) Perform such other duties as the presiding judge of the council shall specify. 15-11-59. (a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to such seminars by court rules properly adopted. (b) Seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system. (c) Expenses of administration of seminar programs and actual expenses incurred by the judges or associate juvenile court judges in attending such seminars shall be paid from state funds appropriated for the council for such purpose, from federal funds available to the council for such purpose, or from other sources. Judges and associate juvenile court judges shall receive the same expense and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. (d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall receive training appropriate to the role and participate in at least 12 hours of continuing legal education or continuing judicial education established or approved by the council each year and meet such rules as established by the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction unless the council certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointment; provided, however, that the council may in hardship cases extend deadlines for compliance with this Code section. THURSDAY, MARCH 21, 2013 1801 15-11-60. (a) A judge may appoint one or more persons to serve as associate juvenile court judges 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 Code Section 15-11-51; 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. 15-11-61. (a) The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full-time or part-time basis. (b) An associate juvenile court traffic judge shall be a member of the State Bar of Georgia. (c) The compensation of associate juvenile court traffic judges shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law. 15-11-62. (a) 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 member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, or any duly appointed 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. (b) The person 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. 15-11-63. (a) The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this chapter. (b) The salary, tenure, compensation, and all other conditions of employment of such employees shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of the employees shall be paid out of county funds. 1802 JOURNAL OF THE SENATE (c) Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing. 15-11-64. Each clerk of the juvenile court shall collect the following information for each child in need of services, delinquent child, and child accused of a class A designated felony act or class B designated felony act and provide such information to DJJ as frequently as requested by DJJ: (1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense charged; (6) Location of the offense, including the name of the school if the offense occurred in a school safety zone, as defined in Code Section 16-11-127.1; (7) The name of the referral source, including the name of the school if the referring source was a school; (8) Disposition of the case; and (9) Date of and authority for commitment, if applicable. 15-11-65. (a) Any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties. (b) In each year after the initial appointment, any person who is appointed as or is performing the duties of a clerk of the juvenile court shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk. (c) Training pursuant to this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by the institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing authority of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources. (d) A judge of the juvenile court shall appoint a clerk pro tempore for that court in order for the regular clerk to attend required training. Such clerk pro tempore shall not be required to meet the training requirements for performing the clerk's duties. (e) The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity. THURSDAY, MARCH 21, 2013 1803 15-11-66. (a) The judge may appoint one or more probation and intake officers. (b) The salaries of the probation and intake officers shall be fixed by the judge with the approval of the governing authority of the county or counties for which he or she is appointed and shall be payable from county funds. 15-11-67. (a) A county juvenile probation officer or DJJ staff member serving as a juvenile probation officer: (1) Shall make investigations, reports, and recommendations to the court as directed by this chapter; (2) Shall supervise and assist a child placed on probation or under the protective supervision or care of such probation officer by order of the court or other authority of law; (3) May, unless otherwise ordered by the court, determine if a child should be placed on unsupervised probation and, if so, place a child on unsupervised probation; (4) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable; (5) May take into custody and detain a child who is under the supervision or care of such probation officer if the probation officer has reasonable cause to believe that such child's health or safety or that of another is in imminent danger or that such child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this chapter; (6) May not conduct accusatory proceedings against a child who is or may be under such probation officer's care or supervision; (7) Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and (8) Other laws to the contrary notwithstanding, no probation officer shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted. (b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as probation officers. 15-11-68. (a) A juvenile court intake officer: (1) Shall receive and examine complaints and charges of delinquency, of dependency, or that a child is a child in need of services for the purpose of considering the commencement of proceedings under this chapter; (2) Shall make appropriate referrals to other private or public agencies of the community if such assistance appears to be needed or desirable; 1804 JOURNAL OF THE SENATE (3) Shall compile on a regular basis the case files or a report on those cases that were informally adjusted for review by the judge; (4) May not conduct accusatory proceedings against a child or draft judicial orders, official charges, or any other document which is required to be drafted by an attorney; (5) Shall perform all other functions designated by this chapter or by order of the court pursuant to this chapter; and (6) Except as provided in Article I, Section II, Paragraph IX(d) of the Constitution, no county juvenile court intake officer, or DJJ staff member serving as a juvenile court intake officer, shall be liable for the acts of a child not detained or taken into custody when, in the judgment of such officer, such detention or custody is not warranted. (b) Notwithstanding subsection (a) of this Code section, DJJ, as the employer, shall maintain sole authority over the duties and responsibilities of all DJJ staff members serving as juvenile court intake officers. 15-11-69. (a) The probation and intake services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and be fully funded through DJJ. The probation and intake officers of juvenile courts of those counties whose probation and intake services are transferred pursuant to this Code section shall become DJJ employees on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other DJJ personnel policies, except that the salaries of such employees shall not be reduced as a result of becoming DJJ employees. (b) The probation and intake services of the juvenile court of a county may be transferred to DJJ by a local Act of the General Assembly that approves such transfer. (c) Persons who were probation and intake officers of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake officers to and became a part of the state-wide juvenile and intake services system fully funded through DJJ before January 1, 1999, shall be covered employees in the classified service as defined in Code Section 45-20-2. ARTICLE 3 Part 1 15-11-100. The purpose of this article is: (1) To assist and protect children whose physical or mental health and welfare is substantially at risk of harm from abuse, neglect, or exploitation and who may be further threatened by the conduct of others by providing for the resolution of dependency proceedings in juvenile court; (2) To ensure that dependency proceedings are conducted expeditiously to avoid delays in permanency plans for children; THURSDAY, MARCH 21, 2013 1805 (3) To provide the greatest protection as promptly as possible for children; and (4) To ensure that the health, safety, and best interests of a child be the paramount concern in all dependency proceedings. 15-11-101. (a) If necessary, the investigator of a report of child abuse and neglect may apply to the court for certain medical examinations and evaluations of a child or other children in the household. (b) Upon a showing of probable cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of a child or other children in the household by a physician. Such order may be granted ex parte. (c) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a psychological or psychiatric examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional. (d) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a forensic examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional. (e) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a physical, psychological, or psychiatric examination of a child's parent, guardian, or legal custodian. 15-11-102. (a) A preliminary protective hearing shall be held promptly and no later than 72 hours after a child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, such hearing shall be held on the next day which is not a weekend or legal holiday. (b) If a child was not taken into protective custody or is released from foster care at a preliminary protective hearing, the following time frames apply: (1) A petition for dependency shall be filed within 30 days of the child's preliminary protective hearing; (2) Summons shall be served at least 72 hours before the dependency adjudication hearing; (3) The dependency adjudication hearing shall be held no later than 60 days after the filing of a petition for dependency; and (4) If the child's dispositional hearing is not held in conjunction with the dependency adjudication hearing, it shall be held and completed within 30 days after the conclusion of the dependency adjudication hearing. (c) If a child is not released from foster care at the preliminary protective hearing, the following time frames apply: (1) A petition for dependency shall be filed within five days of the child's preliminary protective hearing; 1806 JOURNAL OF THE SENATE (2) Summons shall be served at least 72 hours before the dependency adjudication hearing; (3) The dependency adjudication hearing shall be held no later than ten days after the filing of a petition for dependency; (4) DFCS shall submit to the court its written report within 30 days of the date a child who is placed in the custody of DFCS is removed from the home and at each subsequent review of the disposition order. If the DFCS report does not contain a plan for reunification services, a nonreunification hearing shall be held no later than 30 days from the time the report is filed; and (5) If a dispositional hearing is not held in conjunction with the dependency adjudication hearing, it shall be held and completed within 30 days after the conclusion of the dependency adjudication hearing. (d) An initial periodic review hearing shall be held within 75 days following a child's removal from his or her home. An additional periodic review shall be held within four months following such initial review. (e) Permanency plan hearings shall be held no later than 30 days after DFCS has submitted a written report to the court which does not provide a plan for reunification services or: (1) For children under seven years of age at the time a petition for dependency is filed, no later than nine months after such child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while such child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved; or (2) For children seven years of age and older at the time a petition is filed, no later than 12 months after such child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while such child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved. (f) A supplemental order of the court adopting a child's permanency plan shall be entered within 30 days after the court has determined that reunification efforts need not be made by DFCS. 15-11-103. (a) A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for an alleged dependent child. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child. (c) A child's attorney owes to his or her client the duties imposed by the law of this state in an attorney-client relationship. THURSDAY, MARCH 21, 2013 1807 (d) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding. (e) An attorney appointed to represent a child in a dependency proceeding shall continue the representation in any subsequent appeals unless excused by the court. (f) Neither a child nor a representative of a child may waive a child's right to an attorney in a dependency proceeding. (g) A party other than a child shall be informed of his or her right to an attorney prior to any hearing. A party other than a child shall be given an opportunity to: (1) Obtain and employ an attorney of such party's own choice; (2) Obtain a court appointed attorney if the court determines that such party is an indigent person; or (3) Waive the right to an attorney. 15-11-104. (a) The court shall appoint a guardian ad litem for an alleged dependent child. (b) An attorney for an alleged dependent child may serve as such child's guardian ad litem unless or until there is conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (c) A party to the proceeding, the employee or representative of a party to the proceeding, or any other individual with a conflict of interest shall not be appointed as guardian ad litem. (d) A court shall appoint a CASA to act as guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem. (e) A lay guardian shall not engage in activities which could reasonably be construed as the practice of law. (f) Before the appointment as a guardian ad litem, such person shall have received training appropriate to the role as guardian ad litem which is administered or approved by the Office of the Child Advocate for the Protection of Children. For attorneys, preappointment guardian ad litem training shall be satisfied within the attorney's existing continuing legal education obligations and shall not require the attorney to complete additional training hours in addition to the hours required by the State Bar of Georgia. (g) Any volunteer guardian ad litem authorized and acting in good faith, in the absence of fraud or malice and in accordance with the duties required by this Code section, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. (h) The court may remove a guardian ad litem from a case upon finding that the guardian ad litem acted in a manner contrary to a child's best interests, has not appropriately participated in the case, or if the court otherwise deems continued service as inappropriate or unnecessary. 1808 JOURNAL OF THE SENATE (i) A guardian ad litem shall not engage in ex parte contact with the court except as otherwise provided by law. (j) The court, a child, or any other party may compel a guardian ad litem for a child to attend a trial or hearing relating to such child and to testify, if appropriate, as to the proper disposition of a proceeding. (k) The court shall ensure that parties have the ability to challenge recommendations made by the guardian ad litem or the factual basis for the recommendations in accordance with the rules of evidence applicable to the specific proceeding. (l) A guardian ad litem's report shall not be admissible into evidence prior to the disposition hearing except in accordance with the rules of evidence applicable to the specific proceeding. (m) A guardian ad litem who is not also serving as attorney for a child may be called as a witness for the purpose of cross-examination regarding the guardian ad litem's report even if the guardian ad litem is not identified as a witness by a party. 15-11-105. (a) A guardian ad litem shall advocate for a child's best interests in the proceeding for which the guardian ad litem has been appointed. (b) In determining a child's best interests, a guardian ad litem shall consider and evaluate all of the factors affecting the best interests of a child in the context of a child's age and developmental needs. Such factors shall include: (1) The physical safety and welfare of such child, including food, shelter, health, and clothing; (2) The mental and physical health of all individuals involved; (3) Evidence of domestic violence in any current, past, or considered home for such child; (4) Such child's background and ties, including familial, cultural, and religious; (5) Such child's sense of attachments, including his or her sense of security and familiarity and continuity of affection for the child; (6) The least disruptive placement alternative for such child; (7) The child's wishes and long-term goals; (8) The child's community ties, including church, school, and friends; (9) The child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives; (10) The uniqueness of every family and child; (11) The risks attendant to entering and being in substitute care; (12) The preferences of the persons available to care for such child; and (13) Any other factors considered by the guardian ad litem to be relevant and proper to his or her determination. (c) Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall at a minimum: (1) Maintain regular and sufficient in-person contact with the child and, in a manner appropriate to his or her developmental level, meet with and interview such child THURSDAY, MARCH 21, 2013 1809 prior to custody hearings, adjudication hearings, disposition hearings, judicial reviews, and any other hearings scheduled in accordance with the provisions of this chapter; (2) In a manner appropriate to such child's developmental level, ascertain such child's needs, circumstances, and views; (3) Conduct an independent assessment to determine the facts and circumstances surrounding the case; (4) Consult with the child's attorney, if appointed separately, regarding the issues in the proceeding; (5) Communicate with health care, mental health care, and other professionals involved with such child's case; (6) Review case study and educational, medical, psychological, and other relevant reports relating to such child and the respondents; (7) Review all court related documents; (8) Attend all court hearings and other proceedings to advocate for such child's best interests; (9) Advocate for timely court hearings to obtain permanency for such child; (10) Protect the cultural needs of such child; (11) Contact the child prior to any proposed change in such child's placement; (12) Contact the child after changes in such child's placement; (13) Request a judicial citizen review panel or judicial review of the case; (14) Attend citizen panel review hearings concerning such child and if unable to attend the hearings, forward to the panel a letter setting forth such child's status during the period since the last citizen panel review and include an assessment of the DFCS permanency and treatment plans; (15) Provide written reports to the court and the parties on the child's best interests, including, but not limited to, recommendations regarding placement of such child, updates on such child's adjustment to placement, DFCS's and respondent's compliance with prior court orders and treatment plans, such child's degree of participation during visitations, and any other recommendations based on the best interests of the child; (16) When appropriate, encourage settlement and the use of any alternative forms of dispute resolution and participate in such processes to the extent permitted; and (17) Monitor compliance with the case plan and all court orders. (d)(1) Except as provided in Article 11 of this chapter, a guardian ad litem shall receive notices, pleadings, or other documents required to be provided to or served upon a party and shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant changes of circumstances of a child's case which he or she is appointed to the same extent and in the same manner as the parties to the case are notified of such matters. (2) A guardian ad litem shall be notified of the formulation of any case plan of a child's case which he or she is appointed and may be given the opportunity to be heard by the court about such plans. (e) Upon presentation of an order appointing a guardian ad litem, such guardian ad 1810 JOURNAL OF THE SENATE litem shall have access to all records and information relevant to a child's case to which he or she is appointed when such records and information are not otherwise protected from disclosure pursuant to Code Section 19-7-5. Such records and information shall not include records and information provided under Article 11 of this chapter or provided under Chapter 4A of Title 49. (f) All records and information acquired or reviewed by a guardian ad litem during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court. (g) Except as provided in Code Section 49-5-41, regarding access to records, any guardian ad litem who discloses confidential information obtained during the course of his or her appointment, in violation of law, shall be guilty of a misdemeanor. A guardian ad litem shall maintain all information and records regarding mental health, developmental disability, and substance abuse according to the confidentiality requirements contained in Code Section 37-3-166, 37-4-125, or 37-7-166, as applicable. (h) In the event of a change of venue, the original guardian ad litem shall, as soon as possible, communicate with the appointed guardian ad litem in the new venue and shall forward all pertinent information to the new guardian ad litem. 15-11-106. (a)(1) Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not be assigned a case prior to being sworn in by a juvenile court judge as set forth in this paragraph. (2) If a juvenile court judge determines that a child involved in a dependency proceeding needs a CASA, the judge shall have the authority to appoint a CASA, and in such circumstance shall sign an order appointing a CASA at the earliest possible stage of the proceedings. Such order shall impose on a CASA all the duties, rights, and responsibilities set forth in this Code section and Code Sections 15-11-104 and 15-11-105. (b) The role of a CASA in juvenile court dependency proceedings shall be to advocate for the best interests of the child. (c) In addition to the reasons stated in subsection (h) of Code Section 15-11-104, the court may discharge a CASA upon finding that the CASA has acted in a manner contrary to the mission and purpose of the affiliate court appointed special advocate program. 15-11-107. (a) A parent, guardian, or legal custodian's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for considering his or her child to be a dependent child; provided, however, that the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening THURSDAY, MARCH 21, 2013 1811 situation or when the condition will result in serious disability. (b) In order to make a determination as to whether a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order a medical evaluation of a child. (c) If the court determines, on the basis of any relevant evidence before the court, including the court ordered medical evaluation and the affidavit of the attending physician, that a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order that medical treatment be provided for such child. (d) A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to be a dependent child and the court may find the parent, guardian, or legal custodian in contempt and enter any order authorized by and in accordance with the provisions of Code Section 15-11-31. 15-11-108. (a) The court shall give to all parties written notice of the date, time, place, and purpose of the following postadjudication hearings or reviews: (1) Nonreunification hearings; (2) Disposition hearings; (3) Periodic review hearings; (4) Periodic reviews by judicial citizen review panel; (5) Permanency plan hearings; (6) Termination of parental rights hearings; and (7) Posttermination of parental rights review hearings. (b) Issuance and service of summons, when appropriate, shall comply with the requirements of Code Sections 15-11-160 and 15-11-161. (c) Unless otherwise provided in this chapter, written notice shall be delivered to the recipient at least 72 hours before the hearing or review by United States mail, e-mail, or hand delivery. 15-11-109. (a) In advance of each hearing or review, DFCS shall give written notice of the date, time, place, and purpose of the review or hearing, including the right to be heard, to the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing, except in the case of preliminary protective hearings or emergency hearings when such notice is not possible, by United States mail, e-mail, or hand delivery. (b) Notice of a hearing or review shall not be construed to require a legal custodian, foster parent, preadoptive parent, or relative caring for a child to be made a party to the hearing or review solely on the basis of such notice and opportunity to be heard. 1812 JOURNAL OF THE SENATE 15-11-110. (a) Upon request of an attorney for a party, the court may continue any hearing under this article beyond the time limit within which the hearing is otherwise required to be held; provided, however, that no continuance shall be granted that is contrary to the interests of the child. In considering a child's interests, the court shall give substantial weight to a child's need for prompt resolution of his or her custody status, the need to provide a child with a stable environment, and the damage to a child of prolonged temporary placements. (b) Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record. (c) A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Except as otherwise provided by judicial rules governing attorney conflict resolution, a pending criminal prosecution or family law matter shall not constitute good cause. The need for discovery shall not constitute good cause. (d) In any case in which a child or his or her parent, guardian, or legal custodian is represented by an attorney and no objection is made to an order continuing any such hearing beyond the time limit, the absence of such an objection shall be deemed a consent to the continuance; provided, however, that even with consent, the court shall decide whether to grant the continuance in accordance with subsection (a) of this Code section. 15-11-111. (a) At any hearing held with respect to a child, the court in its discretion, and based upon the evidence, may enter an order: (1) Accepting or rejecting any DFCS report; (2) Ordering an additional evaluation; or (3) Undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the child's best interests. (b) The court's order: (1) May incorporate all or part of the DFCS report; and (2) Shall include findings of fact which reflect the court's consideration of the oral and written testimony offered by all parties, as well as nonparties, who are required to be provided with notice and a right to be heard in any hearing to be held with respect to a child, and DFCS. 15-11-112. (a) When a child is removed from his or her home, the court shall order reasonable visitation that is consistent with the age and developmental needs of a child if the court finds that it is in a child's best interests. The court's order shall specify the frequency, duration, and terms of visitation including whether or not visitation shall be supervised or unsupervised. THURSDAY, MARCH 21, 2013 1813 (b) There shall be a presumption that visitation shall be unsupervised unless the court finds that unsupervised visitation is not in a child's best interests. (c) Within 30 days of the court finding that there is a lack of substantial progress towards completion of a case plan, the court shall review the terms of visitation and determine whether the terms continue to be appropriate for a child or whether the terms need to be modified. 15-11-113. When a child is alleged to be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier. Part 2 15-11-125. (a) A proceeding under this article may be commenced: (1) In the county in which a child legally resides; or (2) In the county in which a child is present when the proceeding is commenced if such child is present without his or her parent, guardian, or legal custodian or the acts underlying the dependency allegation are alleged to have occurred in that county. (b) For the convenience of the parties, the court may transfer the proceeding to the county in which a child legally resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer. Part 3 15-11-130. (a) Notwithstanding Code Sections 15-11-133 and 15-11-135, DFCS shall be authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when: (1) As a result of an emergency or illness, the person who has physical and legal custody of a child is unable to provide for the care and supervision of such child, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that DFCS exercise such emergency custody; and (2) A child is not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker. (b) During the period when a child is in the temporary care and supervision of DFCS, DFCS shall endeavor to place such child with a relative of such child's parent, guardian, or legal custodian, in foster care, or in emergency foster care or shall make other appropriate placement arrangements. DFCS shall have the same rights and powers with 1814 JOURNAL OF THE SENATE regard to such child as does his or her parent, guardian, or legal custodian including the right to consent to medical treatment. (c) Immediately upon receiving custody of a child, DFCS shall begin a diligent search for a relative or other designee of a child's parent who can provide for the care and supervision of such child. (d) At any time during such seven-day period, and upon notification to DFCS that a child's parent, guardian, or legal custodian or an expressly authorized relative, or designee thereof, is able to provide care to and exercise control over a child, DFCS shall release such child to the person having custody of such child at the time such child was taken into DFCS custody or to such person's authorized relative or designee. (e) Upon the expiration of such seven-day period, if a child has not been released or if DFCS determines that there is an issue of neglect, abandonment, or abuse, DFCS shall promptly contact a juvenile court intake officer or bring such child before the juvenile court. If, upon making an investigation, the juvenile court intake officer finds that foster care is warranted for such child, then, for purposes of this chapter, such child shall be deemed to have been placed in foster care at the time such finding was made and DFCS may file a dependency petition. (f) DFCS and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision in accordance with this Code section, for consenting to medical treatment for a child, and for releasing a child. 15-11-131. (a) Notwithstanding Code Section 15-11-133, a physician licensed to practice medicine in this state who is treating a child may take or retain temporary protective custody of such child, without a court order and without the consent of his or her parent, guardian, or legal custodian, provided that: (1) A physician has reasonable cause to believe that such child is in a circumstance or condition that presents an imminent danger to such child's life or health as a result of suspected abuse or neglect; or (2) There is reasonable cause to believe that such child has been abused or neglected and there is not sufficient time for a court order to be obtained for temporary custody of such child before such child may be removed from the presence of the physician. (b) A physician holding a child in temporary protective custody shall: (1) Make reasonable and diligent efforts to inform the child's parents, guardian, or legal custodian of the whereabouts of such child; (2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child and inform DFCS that such child has been held in temporary custody; and (3) Not later than 24 hours after such child is held in temporary custody: (A) Contact a juvenile court intake officer, and inform such intake officer that such child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or (B) Contact a law enforcement officer who shall take such child and promptly bring THURSDAY, MARCH 21, 2013 1815 such child before a juvenile court intake officer. (c) A child who meets the requirements for inpatient admission shall be retained in a hospital or institution until such time as such child is medically ready for discharge. Upon notification by the hospital or institution to DFCS that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician and such child has been placed in DFCS custody, DFCS shall take physical custody of such child within six hours of being notified. (d) If a juvenile court intake officer determines that a child is to be placed in foster care and the court orders that such child be placed in DFCS custody, then: (1) If such child remains in the physical care of the physician, DFCS shall take physical possession of such child within six hours of being notified by the physician, unless such child meets the criteria for admission to a hospital or other medical institution or facility; or (2) If such child has been brought before the court by a law enforcement officer, DFCS shall promptly take physical possession of such child. (e) If a juvenile court intake officer determines that a child should not be placed in foster care, such child shall be released. (f) If a child is placed in foster care, then the court shall notify such child's parents, guardian, or legal custodian, the physician, and DFCS of the preliminary protective hearing which is to be held within 72 hours. (g) If after the preliminary protective hearing a child is not released, DFCS shall file a petition alleging dependency in accordance with this article, provided that there is a continued belief that such child's life or health is in danger as a result of suspected abuse or neglect. (h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law. 15-11-132. (a) The facts supporting the issuance of an order of removal may be relayed orally, including telephonically, to the judge or a designated juvenile court intake officer, and the order directing that a child be taken into custody may be issued orally or electronically. (b) When a child is taken into custody under exceptional circumstances, an affidavit or sworn complaint containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court the next business day, and a written order shall be issued if not previously issued. The written order shall include the court's findings of fact supporting the necessity for such child's removal from the custody of his or her parent, guardian, or legal custodian in order to safeguard such child's welfare and shall designate a child's legal custodian. 1816 JOURNAL OF THE SENATE (c) The affidavit or sworn complaint filed after a child has been placed shall indicate whether the child was released to such child's parent, guardian, or legal custodian or remains removed. (d) DFCS shall promptly notify the parent, guardian, or legal custodian of the nature of the allegations forming the basis for taking a child into custody and, if such child is not released, of the time and place of the preliminary protective hearing. 15-11-133. (a) A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian: (1) Pursuant to an order of the court under this article; or (2) By a law enforcement officer or duly authorized officer of the court if a child is in imminent danger of abuse or neglect if he or she remains in the home. (b) Upon removing a child from his or her home, a law enforcement officer or duly authorized officer of the court shall: (1) Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS; (2) Bring such child immediately before the juvenile court or promptly contact a juvenile court intake officer; and (3) Promptly give notice to the court and such child's parents, guardian, or legal custodian that such child is in protective custody, together with a statement of the reasons for taking such child into protective custody. (c) The removal of a child from his or her home by a law enforcement officer shall not be deemed an arrest. (d) A law enforcement officer removing a child from his or her home has all the privileges and immunities of a law enforcement officer making an arrest. (e) A law enforcement officer shall promptly contact a juvenile court intake officer for issuance of a court order once such officer has taken a child into protective custody and delivered such child to a medical facility. (f) A juvenile court intake officer shall immediately determine if a child should be released, remain in protective custody, or be brought before the court upon being contacted by a law enforcement officer, duly authorized officer of the court, or DFCS that a child has been taken into protective custody. 15-11-134. (a) Any order authorizing the removal of a child from his or her home shall be based on a finding by the court that continuation in his or her home would be contrary to his or her welfare. (b) Any order continuing a child's placement outside of the physical custody of his or her parent, guardian, or legal custodian shall be based on a finding by the court that return of such child to such custody would be contrary to his or her welfare. (c) Findings under this Code section shall be made on an individualized case-by-case basis and shall be documented in the court's written order. THURSDAY, MARCH 21, 2013 1817 15-11-135. (a) A child taken into custody shall not be placed in foster care prior to the hearing on a petition for dependency unless: (1) Foster care is required to protect the child; (2) The child has no parent, guardian, or legal custodian or other person able to provide supervision and care and return him or her to the court when required; or (3) An order for the child's foster care has been made by the court. (b) No child alleged to be or adjudicated as a dependent child shall be detained in any jail, adult lockup, or adult detention facility, nor shall a child be detained in a secure residential facility or nonsecure residential facility unless a child is also alleged to have committed a delinquent act or adjudicated to be a delinquent child and the court determines that the requirements for detention under Article 6 of this chapter are met. (c) An alleged dependent child may be placed in foster care only in: (1) A licensed or approved foster home or a home approved by the court which may be a public or private home or the home of the child's noncustodial parent or of a relative; (2) A facility operated by a licensed child welfare agency; or (3) A licensed shelter care facility approved by the court. (d) The actual physical placement of a child pursuant to this Code section shall require the approval of the judge of the juvenile court or his or her designee. (e) In any case in which a child is taken into protective custody of DFCS, such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or why such efforts are not appropriate. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings. Part 4 15-11-145. (a) If an alleged dependent child is removed from his or her home and is not returned home, the preliminary protective hearing shall be held promptly and not later than 72 hours after such child is placed in foster care; provided, however, that if the 72 hour time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (b) Reasonable oral or written notice of the preliminary protective hearing, stating the time, place, and purpose of the hearing, shall be given to the child who is a party in such hearing and, if such person can be found, to his or her parent, guardian, or legal custodian. (c) If an alleged dependent child's parent, guardian, or legal custodian has not been notified of the preliminary protective hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear 1818 JOURNAL OF THE SENATE the matter without unnecessary delay and shall order such child's release unless it appears from such hearing that such child's foster care is warranted or required. (d) The following persons shall have the right to participate in the preliminary protective hearing: (1) A child's parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice; (2) A child's attorney and guardian ad litem if a guardian ad litem has been appointed; (3) A child who was removed from his or her home, unless the court finds, after considering evidence of harm to such child that will result from such child's presence at the proceeding, that being present is not in such child's best interests; (4) A parent's attorney if an attorney has been retained or appointed; (5) The assigned DFCS caseworker; and (6) The attorney for DFCS. (e) The court may allow the following parties to be present at the preliminary protective hearing, if the court finds it is in the best interests of the child: (1) Any relative or other persons who have demonstrated an ongoing commitment to a child with whom a child might be placed; (2) DFCS employees involved in the case; (3) An advocate as requested by an alleged dependent child's parent, guardian, or legal custodian; and (4) Other persons who have knowledge of or an interest in the welfare of the child who is alleged to be dependent. (f) At the commencement of a preliminary protective hearing, the court shall inform the parties of: (1) The contents of the complaint in terms understandable to the parties; (2) The nature of the proceedings in terms understandable to the parties; and (3) The parties' due process rights, including the parties' right to an attorney and to an appointed attorney if they are indigent persons, the right to call witnesses and to cross-examine all witnesses, the right to present evidence, and the right to a trial by the court on the allegations in the complaint or petition. (g) If a child is not released at the preliminary protective hearing, a petition for dependency shall be made and presented to the court within five days of such hearing. 15-11-146. (a) At the preliminary protective hearing, the court shall determine: (1) Whether there is probable cause to believe a child is a dependent child; and (2) Whether protective custody of a child is necessary to prevent abuse or neglect pending the hearing on the dependency petition. (b) The court: (1) On finding that the complainant has not proved either of the required elements prescribed in subsection (a) of this Code section, shall dismiss the case and shall return the child before the court to his or her parent, guardian, or legal custodian; THURSDAY, MARCH 21, 2013 1819 (2) On finding that the complainant has not met the burden of proving that protective custody is necessary, shall return the child before the court to his or her parent, guardian, or legal custodian pending the hearing on the dependency petition; or (3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. (c) A court's order removing a child from his or her home shall be based upon a finding that: (1) Continuation in his or her home would be contrary to such child's welfare; and (2) Removal is in such child's best interests. (d) The court shall make written findings as to whether DFCS has made reasonable efforts to prevent or eliminate the need for removal of a child from his or her home and to make it possible for such child to safely return home. If the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider DFCS to have made reasonable efforts to prevent or eliminate the need for protective custody. The court shall include in the written findings a brief description of what preventive and reunification efforts were made by DFCS. (e) In determining whether a child shall be removed or continued out of his or her home, the court shall consider whether reasonable efforts can prevent or eliminate the need to separate the family. The court shall make a written finding in every order of removal that describes why it is in the best interests of the child that he or she be removed from his or her home or continued in foster care. (f) To aid the court in making the required written findings, DFCS shall present evidence to the court outlining the reasonable efforts made to prevent taking a child into protective custody and to provide services to make it possible for such child to safely return to his or her home and why protective custody is in the best interests of the child. Part 5 15-11-150. A DFCS employee, a law enforcement officer, or any person who has actual knowledge of the abuse, neglect, or abandonment of a child or is informed of the abuse, neglect, or abandonment of a child that he or she believes to be truthful may make a petition alleging dependency. 15-11-151. (a) If a child was removed from his or her home, a petition alleging dependency shall be filed within five days of the preliminary protective hearing. (b) If a child was not removed from his or her home or if a child was removed from his or her home but was released from protective custody at the preliminary protective hearing, a petition alleging dependency shall be filed within 30 days of the preliminary protective hearing. 1820 JOURNAL OF THE SENATE (c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition alleging dependency in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension. (d) If a petition alleging dependency is not filed within the required time frame, the complaint shall be dismissed without prejudice. 15-11-152. A petition alleging dependency shall be verified and may rely on information and belief and shall set forth plainly and with particularity: (1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought; (2) The name, date of birth, and residence address of the child named in the petition; (3) The name and residence address of the parent, guardian, or legal custodian of the child named in the petition; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (4) Whether the child named in the petition is in protective custody and, if so, the place of his or her foster care and the time such child was taken into protective custody; and (5) Whether any of the information required by this Code section is unknown. 15-11-153. (a) The petitioner may amend the petition alleging dependency at any time: (1) To cure defects of form; and (2) Prior to the adjudication hearing, to include new allegations of fact or requests for adjudication. (b) When the petition is amended after the initial service to include new allegations of fact or requests for adjudication, the amended petition shall be served on the parties and provided to the attorneys of record. (c) The court shall grant the parties additional time to prepare only as may be required to ensure a full and fair hearing; provided, however, that when a child is in protective custody or in detention, an adjudication hearing shall not be delayed more than ten days beyond the time originally fixed for the hearing. Part 6 15-11-160. (a) The court shall direct the issuance of a summons to a child if such child is 14 years of age or older, such child's parent, guardian, or legal custodian, such child's attorney, THURSDAY, MARCH 21, 2013 1821 such child's guardian ad litem, if any, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition alleging dependency. A copy of the petition alleging dependency shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained. (b) A summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (c) The court may endorse upon the summons an order directing a child's parent, guardian, or legal custodian to appear personally at the hearing and directing the person having the physical custody or control of a child to bring such child to the hearing. (d) A party other than a child may waive service of summons by written stipulation or by voluntary appearance at the hearing. 15-11-161. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) If, after due diligence, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The adjudication hearing shall not be earlier than five days after the date of the last publication. (e)(1) Service by publication shall be made once a week for four consecutive weeks in the official organ of the county where the petition alleging dependency has been filed. Service shall be deemed complete upon the date of the last publication. (2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition alleging dependency was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition 1822 JOURNAL OF THE SENATE alleging dependency. (3) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition alleging dependency to the last known address of the party being served by publication. (f) Service of the summons may be made by any suitable person under the direction of the court. (g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing. 15-11-162. (a) In the event a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought willfully fails to appear personally at a hearing after being ordered to so appear or willfully fails to bring such child to a hearing after being so directed, the court may issue an order against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31. 15-11-163. (a) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition alleging dependency and enter an interlocutory order of disposition if: (1) The petition alleges dependency of a child; (2) The summons served upon any party: (A) States that prior to the final hearing on such petition a provisional hearing will be held at a specified time and place; (B) Requires the party who is served other than by publication to appear and answer the allegations of the petition alleging dependency at the provisional hearing; (C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and (D) Otherwise conforms to the requirements of Code Section 15-11-160; and (3) A child named in a petition alleging dependency is brought is personally before the court at the provisional hearing. (b) Findings of fact and orders of disposition shall have only interlocutory effect THURSDAY, MARCH 21, 2013 1823 pending final hearing on the petition alleging dependency. (c) If a party served by publication fails to appear at the final hearing on the petition alleging dependency, the findings of fact and interlocutory orders made shall become final without further evidence. If a party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of such petition without regard to this Code section. Part 7 15-11-170. (a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing: (1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party; (2) A copy of any formal written statement made by the alleged dependent child or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing; (3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced; (4) Any drug screen concerning the alleged dependent child or his or her parent, guardian, or legal custodian; (5) Any case plan concerning the alleged dependent child or his or her parent, guardian, or legal custodian; (6) Any visitation schedule related to the alleged dependent child; (7) Photographs and any physical evidence which are intended to be introduced at any hearing; (8) Copies of any police incident reports regarding an occurrence which forms part or all of the basis of the petition; and (9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section. (b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing: (1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the alleged dependent child or his or her family, parent, guardian, or legal custodian; (2) Any school record concerning the alleged dependent child; (3) Any medical record concerning the alleged dependent child; (4) Transcriptions, recordings, and summaries of any oral statement of the alleged dependent child or of any witness, except child abuse reports that are confidential 1824 JOURNAL OF THE SENATE pursuant to Code Section 19-7-5 and work product of counsel; (5) Any family team meeting report or multidisciplinary team meeting report concerning the alleged dependent child or his or her parent, guardian, or legal custodian; (6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and (7) Immigration records concerning the alleged dependent child. (c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of such request. If such request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request. (e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning a discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would: (1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction THURSDAY, MARCH 21, 2013 1825 or occurrence. (f) No deposition shall be taken of an alleged dependent child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part. (g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication. (i) Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide. Part 8 15-11-180. The petitioner shall have the burden of proving the allegations of a dependency petition by clear and convincing evidence. 15-11-181. (a) The court shall fix a time for an adjudication hearing. If the alleged dependent child is in foster care, the hearing shall be scheduled for no later than ten days after the filing of the petition alleging dependency. If the alleged dependent child is not in foster care, the adjudication hearing shall be held no later than 60 days after the filing of the petition alleging dependency. If adjudication is not completed within 60 days from the date such child was taken into protective custody, the petition alleging dependency may be dismissed without prejudice. (b) The following persons shall have the right to participate in the adjudication hearing: (1) The parent, guardian, or legal custodian of the alleged dependent child, unless such person cannot be located or fails to appear in response to the notice; (2) The attorney and guardian ad litem of the alleged dependent child; (3) The alleged dependent child, unless the court finds, after considering evidence of harm to such child that will result from his or her presence at the proceeding, that being present is not in the child's best interests; (4) The attorneys for the parent, guardian, or legal custodian of the alleged dependent child if attorneys have been retained or appointed; (5) The assigned DFCS caseworker; and (6) The attorney for DFCS. (c) If the court finds it is in the best interests of the alleged dependent child, the court may allow the following to be present at the adjudication hearing: 1826 JOURNAL OF THE SENATE (1) Any relative or other persons who have demonstrated an ongoing commitment to a child alleged to be a dependent child with whom he or she might be placed; (2) DFCS employees involved with the case; (3) An advocate as requested by the parent, guardian, or legal custodian of the alleged dependent child; and (4) Other persons who have knowledge of or an interest in the welfare of such child. (d) Except as provided in this subsection, the adjudication hearing shall be conducted in accordance with Title 24. Testimony or other evidence relevant to the dependency of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of: (1) Communications between a party and his or her attorney; and (2) Confessions or communications between a priest, rabbi, or duly ordained minister or similar functionary and his or her confidential communicant. (e) After hearing the evidence, the court shall make and file specific written findings as to whether a child is a dependent child. (f) If the court finds that a child is not a dependent child, it shall dismiss the petition alleging dependency and order such child discharged from foster care or other restriction previously ordered. (g) If the court adjudicates a child as a dependent child, the court shall proceed immediately or at a postponed hearing to make a proper disposition of the case. (h) If the court adjudicates a child as a dependent child, the court shall also make and file a finding whether such dependency is the result of substance abuse by such child's parent, guardian, or legal custodian. (i) If the disposition hearing is held on the same day as the adjudication hearing, the court shall schedule the dates and times for the first periodic review hearing and for the permanency plan hearing. Part 9 15-11-190. If the allegations of the petition alleging dependency are admitted or after an adjudication hearing the court has adjudicated a child as a dependent child, the court may direct that a written social study and report be made by a person designated by the court. 15-11-191. Each social study shall include, but not be limited to, a factual discussion of each of the following subjects: (1) What plan, if any, for the return of the child adjudicated to be a dependent child to his or her parent and for achieving legal permanency for such child if efforts to reunify fail is recommended to the court; (2) Whether the best interests of the child will be served by granting reasonable THURSDAY, MARCH 21, 2013 1827 visitation rights to his or her other relatives in order to maintain and strengthen the child adjudicated to be a dependent child's family relationships; (3) Whether the child adjudicated to be a dependent child has siblings under the court's jurisdiction, and, if so: (A) The nature of the relationship between such child and his or her siblings; (B) Whether the siblings were raised together in the same home and whether the siblings have shared significant common experiences or have existing close and strong bonds; (C) Whether the child adjudicated to be a dependent child expresses a desire to visit or live with his or her siblings and whether ongoing contact is in such child's best interests; (D) The appropriateness of developing or maintaining sibling relationships; (E) If siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place siblings together or why those efforts are not appropriate; (F) If siblings are not placed together, the frequency and nature of the visits between siblings; and (G) The impact of the sibling relationship on the child adjudicated to be a dependent child's placement and planning for legal permanence; (4) The appropriateness of any placement with a relative of the child adjudicated to be a dependent child; and (5) Whether a caregiver desires and is willing to provide legal permanency for a child adjudicated to be a dependent child if reunification is unsuccessful. Part 10 15-11-200. (a) Within 30 days of the date a child who is placed in DFCS custody is removed from his or her home and at each subsequent review of the disposition order, DFCS shall submit a written report to the court which shall either: (1) Include a case plan for a reunification of the family; or (2) Include a statement of the factual basis for determining that a plan for reunification is not appropriate. (b) The report submitted by DFCS shall become a discrete part of the case record in a format determined by DFCS and shall be made available to a child who is placed in DFCS custody if such child is 14 years of age or older, his or her attorney, his or her guardian ad litem, if any, and the parent, guardian, or legal custodian of such child. The contents of the report shall be determined at a meeting to be held by DFCS in consultation with the parent, guardian, or legal custodian and child who was placed in DFCS custody, when appropriate. The parent, guardian, or legal custodian, the child who was placed in DFCS custody if such child is 14 years of age or older, his or her attorney, and guardian ad litem, if any, shall be given written notice of the meeting at least five days in advance of such meeting and shall be advised that the report will be 1828 JOURNAL OF THE SENATE submitted to the court for consideration as an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parent, guardian, or legal custodian of the child who was placed in DFCS custody, if such are available. (c) If the court adopts a report that contains a case plan for reunification services, it shall be in effect until modification by the court. A case plan shall address each reason requiring removal of a child from his or her home and shall, at a minimum, comply with the requirements of Code Section 15-11-201. (d) If the submitted DFCS report contains a proposed case plan for reunification services: (1) DFCS shall provide the caregiver, the foster parent, and any preadoptive parent or relative providing care for the child who was placed in DFCS custody with a copy of those portions of the court approved case plan that involve the permanency goal and the services to be provided to the child; (2) A copy of the DFCS report and case plan shall be delivered to the parent, guardian, or legal custodian by United States mail, e-mail, or hand delivery at the same time the report and case plan are transmitted to the court, along with written notice that such report will be considered by the court without a hearing unless, within five days from the date the copy of such report and case plan were delivered, the parent, guardian, or legal custodian of the child who was placed in DFCS custody requests a hearing before the court to review such report and case plan; and (3) If no hearing is requested, the court shall enter a disposition order or supplemental order incorporating all elements of the case plan for reunification services which the court finds essential to reunification, specifying what shall be accomplished by all parties before reunification of the family can be achieved. (e) When DFCS recommends that reunification services are not appropriate and should not be allowed, the DFCS report shall address each reason requiring removal of a child from his or her home and shall contain at least the following: (1) The purpose for which the child in DFCS custody was placed in foster care, including a statement of the reasons why such child cannot be adequately and safely protected at his or her home and the harm which may occur if such child remains in his or her home and a description of the services offered and the services provided to prevent removal of such child from his or her home; (2) A clear statement describing all of the reasons supporting a finding that reunification of a child with his or her parent will be detrimental to such child and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist; and (3) The statements, provisions, and requirements found in paragraphs (11) and (12) of subsection (b) of Code Section 15-11-201. 15-11-201. (a) A case plan shall be designed to achieve placement in the most appropriate, least restrictive, and most family-like setting available and in close proximity to the alleged THURSDAY, MARCH 21, 2013 1829 dependent child's parent's home, consistent with the best interests and special needs of such child, and shall consider the placement's proximity to the school in which such child is enrolled at the time of placement. (b) A case plan shall be developed by DFCS and the parent, guardian, or legal custodian of the alleged dependent child and, when appropriate, such child. A case plan shall include, but not be limited to, all of the following: (1) A description of the circumstances that resulted in such child being placed under the jurisdiction of the court and in foster care; (2) An assessment of such child's and his or her family's strengths and needs and the type of placement best equipped to meet those needs; (3) A description of the type of home or institution in which such child is to be placed, including a discussion of the safety and appropriateness of the placement; (4) Specific time-limited goals and related activities designed to enable the safe return of such child to his or her home, or, in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation; (5) Assignment of specific responsibility for accomplishing the planned activities; (6) The projected date of completion of the case plan objectives; (7) The date time-limited services will be terminated; (8) A schedule of visits between such child and his or her siblings and other appropriate family members and an explanation if no visits are scheduled; (9) When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of such child's parent, guardian, or legal custodian or out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interests of the child; (10) When an out-of-state group home placement is recommended or made, the case plan shall comply with Code Section 39-4-4, the Interstate Compact on the Placement of Children. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for such particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended; (11) If applicable, a statement that reasonable efforts have been made and a requirement that reasonable efforts shall be made for so long as such child remains in the custody of the department: (A) To place siblings removed from their home in the same foster care, kinship care, guardianship, or adoptive placement, unless DFCS documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and (B) In the case of siblings removed from their home who are not so jointly placed, for frequent visitation or other ongoing interaction between the siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; (12) Provisions ensuring the educational stability of such child while in foster care, including: (A) An assurance that the placement of such child in foster care takes into account 1830 JOURNAL OF THE SENATE the appropriateness of the current educational setting and the proximity to the school in which such child is enrolled at the time of placement; (B) An assurance that the state agency has coordinated with appropriate local educational agencies to ensure that such child remains in the school in which such child is enrolled at the time of placement; or (C) If remaining in such school is not in the best interests of the child, an assurance by DFCS that DFCS and the local educational agencies have cooperated to assure the immediate and appropriate enrollment in a new school, with all of the educational records of such child provided to such new school; (13) An account of health and education information about such child including school records, immunizations, known medical problems, any known medications he or she may be taking, names and addresses of his or her health and educational providers; such child's grade level performance; assurances that such child's placement in foster care takes into account proximity to the school in which he or she was enrolled at the time of placement; and other relevant health and educational information; (14) A recommendation for a permanency plan for such child. If, after considering reunification, adoptive placement, or permanent guardianship, DFCS recommends placement in another planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the child's best interests. For purposes of this paragraph, a 'compelling reason' shall have the same meaning as in paragraph (2) of subsection (b) of Code Section 15-11-233; (15) A statement that the parent, guardian, or legal custodian of such child and the child have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why such persons were not able to participate or sign the case plan; (16) A requirement that the DFCS case manager and staff and, as appropriate, other representatives of such child provide him or her with assistance and support in developing a transition plan that is personalized at the direction of such child, including specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, and is as detailed as such child may elect. The transition plan shall be completed in the 90 day period: (A) Immediately prior to the date on which such child will attain 18 years of age; or (B) If such child remains in the care of DFCS past his or her eighteenth birthday, before his or her planned exit from DFCS care. (17) For such child in out-of-home care who is 14 years of age or older, a written description of the programs and services which will help him or her prepare for the transition from foster care to independent living; and (18) The identity of the person within DFCS or other agency who is directly responsible for ensuring that the case plan is implemented. THURSDAY, MARCH 21, 2013 1831 15-11-202. (a) Except as provided in subsection (a) of Code Section 15-11-203, reasonable efforts shall be made to preserve or reunify families: (1) Prior to the placement of an alleged dependent child in DFCS custody to prevent the need for removing him or her from his or her home; or (2) To eliminate the need for removal and make it possible for a child alleged to be or adjudicated as a dependent child to return safely to his or her home at the earliest possible time. (b) In determining the type of reasonable efforts to be made to a child alleged to be or adjudicated as a dependent child and in making such reasonable efforts, such child's health and safety shall be the paramount concern. (c) Appropriate services to meet the needs of a child alleged to be or adjudicated as a dependent child and his or her family may include those provided by DFCS and other services available in the community. (d) The court shall be required to review the appropriateness of DFCS's reasonable efforts at each stage of the proceedings. (e)(1) At the preliminary protective hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to prevent placement of an alleged dependent child in foster care; (B) There are no appropriate services or efforts which could allow an alleged dependent child to safely remain in the home given the particular circumstances of such child and his or her family at the time of his or her removal and so the absence of such efforts was justifiable; or (C) Reasonable efforts to prevent placement and to reunify an alleged dependent child with his or her family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203. (2) At the adjudication hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to eliminate the need for removal of an alleged dependent child from his or her home and to reunify such child with his or her family at the earliest possible time; or (B) Reasonable efforts to prevent placement and to reunify an alleged dependent child with his or her family are not required because of the existence of one or more of the circumstances enumerated in subsection (a) of Code Section 15-11-203. (3) At each other hearing, DFCS has the burden of demonstrating that: (A) It has made reasonable efforts to eliminate the need for removal of a child alleged to be or adjudicated as a dependent child from his or her home and to reunify such child with his or her family at the earliest possible time; or (B) It has made reasonable efforts to finalize an alternative permanent home for a child alleged to be or adjudicated as a dependent child. (f) When determining whether reasonable efforts have been made, the court shall consider whether services to the child alleged to be or adjudicated as a dependent child and his or her family were: 1832 JOURNAL OF THE SENATE (1) Relevant to the safety and protection of such child; (2) Adequate to meet the needs of such child and his or her family; (3) Culturally and linguistically appropriate; (4) Available and accessible; (5) Consistent and timely; and (6) Realistic under the circumstances. (g) A finding that reasonable efforts have not been made shall not preclude the entry of an order authorizing a child alleged to be or adjudicated as a dependent child's placement when the court finds that placement is necessary for the protection of such child. (h) When efforts to prevent the need for a child alleged to be or adjudicated as a dependent child's placement were precluded by an immediate threat of harm to such child, the court may make a finding that reasonable efforts were made if it finds that the placement of such child in the absence of such efforts was justifiable. (i) Reasonable efforts to place a child adjudicated as a dependent child for adoption or with a guardian or legal custodian may be made concurrently with reasonable efforts to reunify. When DFCS decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent, guardian, or legal custodian of a child adjudicated as a dependent child, DFCS shall disclose its decision and both plans to all parties and obtain approval from the court. When DFCS proceeds on both plans, the court's review of reasonable efforts shall include efforts under both plans. (j) An order placing or continuing the placement of a child alleged to be or adjudicated as a dependent child in DFCS custody shall contain, but not be limited to, written findings of facts stating: (1) That such child's continuation in or return to his or her home would be contrary to his or her welfare; (2) Whether reasonable efforts have been made to prevent or eliminate the need for placement of such child, unless the court has determined that such efforts are not required or shall cease; and (3) Whether reasonable efforts should continue to be made to prevent or eliminate the need for placement of such child, unless the court has previously determined that such efforts are not required or shall cease. 15-11-203. (a) The court may direct that reasonable efforts to eliminate the need for placement of an alleged dependent child shall not be required or shall cease if the court determines and makes written findings of fact that a parent of an alleged dependent child: (1) Has subjected his or her child to aggravated circumstances; (2) Has been convicted of the murder of another child of such parent; (3) Has been convicted of the voluntary manslaughter of another child of such parent; (4) Has been convicted of aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; THURSDAY, MARCH 21, 2013 1833 (5) Has been convicted of committing a felony assault that results in serious bodily injury to the child or another child of such parent; (6) Has been convicted of rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the alleged dependent child or another child of the parent; (7) Is required to register as a sex offender and that preservation of a parent-child relationship is not in the alleged dependent child's best interests; or (8) Has had his or her rights to a sibling of the alleged dependent child terminated involuntarily and the circumstances leading to such termination of parental rights to that sibling have not been resolved. (b) If the court determines that one or more of the circumstances enumerated in subsection (a) of this Code section exist or DFCS has submitted a written report to the court which does not contain a plan for reunification services, then: (1) A permanency plan hearing shall be held for a child adjudicated as a dependent child within 30 days; and (2) Reasonable efforts shall be made to place a child adjudicated as a dependent child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of such child. 15-11-204. (a) If the DFCS report does not contain a plan for reunification services, the court shall hold a nonreunification hearing to review the report and the determination that a plan for reunification services is not appropriate. (b) The nonreunification hearing shall be held no later than 30 days from the time the DFCS report is filed. Notice of the nonreunification hearing shall be provided, by summons, to the child adjudicated as a dependent child if he or she is 14 years of age or older, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, and specified nonparties entitled to notice. (c) At the nonreunification hearing: (1) DFCS shall notify the court whether and when it intends to proceed with termination of parental rights; and (2) The court shall also hold a permanency plan hearing, at which the court shall consider in-state and out-of-state permanent placement options for the child adjudicated as a dependent child and shall incorporate a permanency plan for such child in its order. (d) DFCS shall have the burden of demonstrating by clear and convincing evidence that a reunification plan is not appropriate considering the health and safety of the child adjudicated as a dependent child and such child's need for permanence. There shall be a presumption that reunification is detrimental to a child adjudicated as a dependent child and reunification services should not be provided if the court finds by clear and convincing evidence that: (1) Such child's parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family; 1834 JOURNAL OF THE SENATE (2) An alleged dependent child has been removed from his or her home on at least two previous occasions and reunification services were made available on those occasions; (3) A ground for terminating parental rights exists; or (4) Any of the circumstances set out in subsection (a) of Code Section 15-11-203 exist, making it unnecessary to provide reasonable efforts to reunify. (e) If the court has entered an order finding that reasonable efforts to reunify a child adjudicated as a dependent child with his or her family are not required but the court finds further that referral for termination of parental rights and adoption is not in the best interests of such child, the court may, upon proper petition, place such child in the custody of a permanent guardian pursuant to the provisions of this article. Part 11 15-11-210. (a) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing. (b) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate disposition. (c) Before determining the appropriate disposition, the court shall receive in evidence: (1) The social study report, if applicable, made by DFCS and the child adjudicated as a dependent child's proposed written case plan. The social study report and case plan shall be filed with the court not less than 48 hours before the disposition hearing; (2) Any study or evaluation made by a guardian ad litem appointed by the court; (3) Any psychological, medical, developmental, or educational study or evaluation of the child adjudicated as a dependent child; and (4) Other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child adjudicated as a dependent child if reunification is unsuccessful. (d) Prior to a disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court. (e)(1) Portions of written reports received by the court which are not relied on by the court in reaching its decision, which if revealed would be prejudicial to the interests of any party to the proceeding, or which reveal confidential sources, may be withheld in the court's discretion. (2) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports. (f) At the conclusion of the disposition hearing, the court shall set the time and date for the first periodic review hearing and the permanency plan hearing. 15-11-211. (a) A diligent search shall be initiated at the outset of a case under this article and shall be conducted throughout the duration of a case, when appropriate. (b) A diligent search shall include at a minimum: THURSDAY, MARCH 21, 2013 1835 (1) Interviews with the child's parent during the course of an investigation, while child protective services are provided, and while such child is in care; (2) Interviews with the child; (3) Interviews with identified relatives throughout the case; (4) Interviews with any other person who is likely to have information about the identity or location of the person being sought; (5) Comprehensive searches of data bases available to DFCS including, but not limited to, searches of employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, corrections records, and any other records likely to result in identifying and locating the person being sought; (6) Appropriate inquiry during the course of hearings in the case; and (7) Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child. (c) A diligent search shall be completed by DFCS before final disposition. (d) All adult relatives of the alleged dependent child identified in a diligent search required by this Code section, subject to exceptions due to family or domestic violence, shall be provided with notice: (1) Specifying that an alleged dependent child has been or is being removed from his or her parental custody; (2) Explaining the options a relative has to participate in the care and placement of the alleged dependent child and any options that may be lost by failing to respond to the notice; (3) Describing the process for becoming an approved foster family home and the additional services and supports available for children placed in approved foster homes; and (4) Describing any financial assistance for which a relative may be eligible. (e) The diligent search required by this Code section and the notification required by subsection (d) of this Code section shall be completed, documented in writing, and filed with the court within 30 days from the date on which the alleged dependent child was removed from his or her home. (f) After the completion of the diligent search required by this Code section, DFCS shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to a child and with whom it may be appropriate to place the alleged dependent child until such relatives or persons are found or until such child is placed for adoption unless the court excuses DFCS from conducting a diligent search. 15-11-212. (a) The court may make any of the following orders of disposition or a combination of those best suited to the protection and physical, emotional, mental, and moral welfare of a child adjudicated as a dependent child: (1) Permit such child to remain with his or her parent, guardian, or legal custodian subject to conditions and limitations as the court prescribes, including supervision as 1836 JOURNAL OF THE SENATE directed by the court for the protection of such child; (2) Grant or transfer temporary legal custody to any of these persons or entities: (A) Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for such child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for such child; (C) Any public agency authorized by law to receive and provide care for such child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include DJJ; or (D) An individual in another state with or without supervision by an appropriate officer pursuant to the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children; (3) Transfer jurisdiction over such child in accordance with the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children; (4) Order such child and his or her parent, guardian, or legal custodian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, physician assistants, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future conditions of dependency or other conduct or conditions which would be harmful to a child or society; (5) Order the parent, guardian, or legal custodian of such child to participate in a court approved educational or counseling program designed to contribute to the ability of such parent, guardian, or legal custodian to provide proper parental care and supervision of such child, including, but not limited to, parenting classes; (6) Order DFCS to implement and such child's parent, guardian, or legal custodian to cooperate with any plan approved by the court; or (7) Order temporary child support for such child to be paid by that person or those persons determined to be legally obligated to support such child. In determining such temporary child support, the court shall apply the child support guidelines provided in Code Section 19-6-15 and the implementation and any review of the order shall be held as provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction, the court may order the child support obligor in the existing order to make payments to such child's caretaker on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile court's order shall be filed in the clerk's office of the court that entered the existing order. Temporary child support orders entered pursuant to this paragraph shall be enforceable by the court's contempt powers so long as the court is entitled to exercise jurisdiction over the dependency case. (b) The transfer of temporary legal custody may be subject to conditions and limitations the court may prescribe. Such conditions and limitations shall include a THURSDAY, MARCH 21, 2013 1837 provision that the court shall approve or direct the return of the physical custody of a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian either upon the occurrence of specified circumstances or at the direction of the court. The return of physical custody of a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian may be made subject to conditions and limitations the court may prescribe, including, but not limited to, supervision for the protection of such child. (c) A child adjudicated as a dependent child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children unless such child is also adjudicated to be a delinquent child and such child's detention is warranted under the requirements of Article 6 of this chapter. (d) After transferring temporary legal custody of a child adjudicated as a dependent child to DFCS, the court may at any time conduct sua sponte a judicial review of the current placement plan being provided to such child. After its review, the court may order DFCS to comply with the current placement plan, order DFCS to devise a new placement plan, or make any other order relative to placement or custody outside DFCS as the court finds to be in the best interests of such child. Placement or a change of custody by the court outside DFCS shall relieve DFCS of further responsibility for such child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate. (e) A court shall not be required to make an order of disposition regarding a child who is discharged from a facility in which such child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless such child is to be discharged into the physical custody of any person who had such custody when the court made its most recent adjudication that the child was a dependent child. (f) If a child is adjudicated as a dependent child and the dependency is found to have been the result of substance abuse by his or her parent, guardian, or legal custodian and the court orders transfer of temporary legal custody of such child, the court shall be authorized to further order that legal custody of such child may not be transferred back to his or her parent, guardian, or legal custodian unless such parent, guardian, or legal custodian undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months. (g) If the court finds that DFCS preventive or reunification efforts have not been reasonable but that further efforts could not permit a child adjudicated as a dependent child to safely remain at home, the court may nevertheless authorize or continue the removal of such child. (h) When the case plan requires a concurrent permanency plan, the court shall review the reasonable efforts of DFCS to recruit, identify, and make a placement in a home in which a relative of a child adjudicated as a dependent child, foster parent, or other persons who have demonstrated an ongoing commitment to the child has agreed to provide a legally permanent home for such child in the event reunification efforts are not successful. 1838 JOURNAL OF THE SENATE 15-11-213. Any order of disposition shall contain written findings of fact to support the disposition and case plan ordered. Before making an order of disposition, the court shall consider the following: (1) Why the best interests and safety of a child adjudicated as a dependent child are served by the disposition and case plan ordered, including but not limited to: (A) The interaction and interrelationship of such child with his or her parent, siblings, and any other person who may significantly affect the child's best interests; (B) Such child's adjustment to his or her home, school, and community; (C) The mental and physical health of all individuals involved; (D) The wishes of such child as to his or her placement; (E) The wishes of such child's parent, guardian, or legal custodian as to such child's custody; (F) Whether there exists a relative of such child or other individual who, after study by DFCS, is found to be qualified to receive and care for such child; and (G) The ability of a parent, guardian, or legal custodian of a child adjudicated as a dependent child to care for such child in the home so that no harm will result to such child; (2) The availability of services recommended in the case plan; (3) What alternative dispositions or services under the case plan were considered by the court and why such dispositions or services were not appropriate in the instant case; (4) The appropriateness of the particular placement made or to be made by the placing agency; and (5) Whether reasonable efforts were made to prevent or eliminate the necessity of a child adjudicated as a dependent child's removal and to reunify his or her family after removal from the custody of his or her family unless reasonable efforts were not required. The court's findings should include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the necessity of such removal. 15-11-214. (a) An order of disposition in a dependency proceeding shall continue in force until the purposes of the order have been accomplished. (b) The court may terminate an order of disposition of a child adjudicated as a dependent child on or without an application of a party if it appears to the court that the purposes of the order have been accomplished. (c) Unless a child remains in DFCS care or continues to receive services from DFCS, when a child adjudicated as a dependent child reaches 18 years of age, all orders affecting him or her then in force terminate and he or she shall be discharged from further obligation or control. THURSDAY, MARCH 21, 2013 1839 15-11-215. (a) Not less than five days in advance of any placement change, DFCS shall notify the court, a child who is 14 years of age or older, the child's parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child's attorney, the child's guardian ad litem, if any, and any other attorney of record of such change in the location of the child's placement while the child is in DFCS custody. (b) If a child's health or welfare may be endangered by any delay in changing his or her placement, the court and all attorneys of record shall be notified of such placement change within 24 hours of such change. (c) A child adjudicated as a dependent child who is 14 years of age or older, his or her parent, guardian, or legal custodian, the person or agency with physical custody of the child, such child's attorney, such child's guardian ad litem, if any, and any attorney of record may request a hearing pertaining to such child's case plan or the permanency plan in order for the court to consider the change in the location of such child's placement and any changes to the case plan or permanency plan resulting from such child's change in placement location. The hearing shall be held within five days of receiving notice of a change in the location of such child's placement and prior to any such placement change, unless such child's health or welfare may be endangered by any delay in changing such child's placement. (d) At the hearing to consider a child adjudicated as a dependent child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by DFCS, including a recommendation as to the location of the placement of such child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by DFCS, including the location of such child's placement. (e) If the court rejects DFCS recommendations, the court shall demonstrate that DFCS recommendations were considered and explain why it did not follow such recommendations. If the court rejects the DFCS case plan and permanency plan recommendations, including the change in the location of the placement of a child adjudicated as a dependent child, the court may order DFCS to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of such child within the resources of the department, or make any other order relative to placement or custody outside the department as the court finds to be in the best interests of such child and consistent with the policy that children in DFCS custody should have stable placements. (f) Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for a child adjudicated as a dependent child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate. 15-11-216. (a) All cases of children in DFCS custody shall be initially reviewed within 75 days following a child adjudicated as a dependent child's removal from his or her home and 1840 JOURNAL OF THE SENATE shall be conducted by the court. An additional periodic review shall be held within four months following the initial review and shall be conducted by the court or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as are established by court rule by the Supreme Court, with the advice and consent of the Council of Juvenile Court Judges. The court shall have the discretion to schedule any subsequent review hearings as necessary. (b) At any periodic review hearing, the paramount concern shall be a child adjudicated as a dependent child's health and safety. (c) At the initial 75 day periodic review, the court shall approve the completion of the relative search, schedule the subsequent four-month review to be conducted by the court or a citizen judicial review panel, and shall determine: (1) Whether a child adjudicated as a dependent child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for such child and his or her family and whether any changes need to be made to the case plan, including whether a concurrent case plan for nonreunification is appropriate; (3) The extent of compliance with the case plan by all participants; (4) The appropriateness of any recommended changes to such child's placement; (5) Whether appropriate progress is being made on the permanency plan; (6) Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian; (7) Whether visitation is appropriate and, if so, approve and establish a reasonable visitation schedule consistent with the age and developmental needs of a child adjudicated as a dependent child; (8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of such child's removal from his or her home and to reunify the family after removal of a child adjudicated as a dependent child, unless reasonable efforts were not required. (d) If at any review subsequent to the initial 75 day review the court finds that there is a lack of substantial progress towards completion of the case plan, the court shall order DFCS to develop a case plan for nonreunification or a concurrent case plan contemplating nonreunification. (e) At the time of each review of a child adjudicated as a dependent child in DFCS custody, DFCS shall notify the court whether and when it intends to proceed with the termination of parental rights. 15-11-217. (a) In the event the periodic review of a case is conducted by a judicial citizen review panel, the panel shall transmit its report and that of DFCS, including its findings and THURSDAY, MARCH 21, 2013 1841 recommendations together with DFCS proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parent within five days after the review. (b) DFCS shall provide the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relatives providing care for such child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to such child. (c) Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of the plan. (d) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating the revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. (e) Notwithstanding subsections (c) and (d) of this Code section, if the judicial citizen review panel finds that there is a lack of substantial progress towards completion of the case plan, the court shall schedule a hearing within 30 days of such finding to determine whether a case plan for nonreunification is appropriate. (f) If the judicial citizen review panel determines that a parent of a child adjudicated as a dependent child has unjustifiably failed to comply with the ordered plan designed to reunite such child's family and that such failure is significant enough to warrant consideration of the parent's termination of parental rights, the panel may make a recommendation to DFCS and the attorney for such child that a petition for termination of parental rights should be prepared. 15-11-218. (a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall issue written findings of fact that include: (1) Why a child adjudicated as a dependent child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for a child adjudicated as a dependent child and his or her family and whether any changes need to be made to the case plan including whether a concurrent case plan for nonreunification is appropriate; (3) The extent of compliance with the case plan by all participants; (4) The basis for any changes to the placement of a child adjudicated as a dependent child; (5) Whether visitation is or continues to be appropriate; (6) A description of progress being made on the permanency plan; (7) Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian; (8) Whether, for a child adjudicated as a dependent child who is 14 years of age or 1842 JOURNAL OF THE SENATE older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the removal of a child adjudicated as a dependent child and to reunify his or her family after removal, unless reasonable efforts were not required. (b) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall order one of the following dispositions: (1) Return a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian's home with or without court imposed conditions; (2) Allow a child adjudicated as a dependent child to continue in the current custodial placement because the current placement is appropriate for such child's needs; (3) Allow a child adjudicated as a dependent child to continue in the current custodial placement although the current placement is no longer appropriate for such child's needs and direct DFCS to devise another plan which shall: (A) Be submitted within ten days for court approval; (B) Be furnished to all parties after court approval of the revised plan; and (C) Be provided to the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relative providing care for such child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to such child; or (4) Make additional orders regarding the treatment plan or placement of a child adjudicated as a dependent child to protect such child's best interests if the court determines DFCS has failed in implementing any material provision of the case plan or abused its discretion in the placement or proposed placement of such child. Part 12 15-11-230. (a) The court shall hold a permanency plan hearing to determine the future permanent legal status of each child in DFCS custody. (b) A permanency plan hearing, which considers in-state and out-of-state placement options for a child adjudicated as a dependent child, shall be held: (1) No later than 30 days after DFCS has submitted a written report to the court which does not contain a plan for reunification services; (2) For children under seven years of age at the time a petition is filed, no later than nine months after such child has entered foster care; (3) For children seven years of age and older at the time a petition is filed, no later than 12 months after such child has entered foster care; or (4) For a child in a sibling group whose members were removed from the home at the same time and in which one member of the sibling group was under seven years of age at the time a petition for dependency was filed, the permanency plan hearing shall be held no later than nine months after such child has entered foster care. THURSDAY, MARCH 21, 2013 1843 (c) After the initial permanency plan hearing has occurred, a permanency plan hearing shall be held not less frequently than every six months during the time a child adjudicated as a dependent child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved. (d) A child adjudicated as a dependent child, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, foster parents if there are foster parents, any preadoptive parent or relatives providing care for such child, and other parties shall be given written notice of a permanency plan hearing at least five days in advance of such hearing and shall be advised that the permanency plan recommended by DFCS will be submitted to the court for consideration as the order of the court. (e) The court shall consult with the child adjudicated as a dependent child, in an ageappropriate manner, regarding the proposed permanency plan for such child. 15-11-231. At least five days prior to the permanency plan hearing, DFCS shall submit for the court's consideration a report recommending a permanency plan for a child adjudicated as a dependent child. The report shall include documentation of the steps to be taken by DFCS to finalize the permanent placement for such child and shall include, but not be limited to: (1) The name, address, and telephone number of such child's parent, guardian, or legal custodian; (2) The date on which such child was removed from his or her home and the date on which such child was placed in foster care; (3) The location and type of home or facility in which such child is currently held or placed and the location and type of home or facility in which such child will be placed; (4) The basis for the decision to hold such child in protective custody or to place such child outside of his or her home; (5) A statement as to the availability of a safe and appropriate placement with a fit and willing relative of such child or other persons who have demonstrated an ongoing commitment to a child or a statement as to why placement with the relative or other person is not safe or appropriate; (6) If as a result of the placement such child has been or will be transferred from the school in which such child is or most recently was enrolled, documentation that a placement that would maintain such child in that school is unavailable, inappropriate, or that such child's transfer to another school would be in such child's best interests; (7) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of such child and his or her family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of such child or, if available, why such services are not safe or appropriate; (8) The goal of the permanency plan which shall include: 1844 JOURNAL OF THE SENATE (A) Whether and, if applicable, when such child shall be returned to his or her parent; (B) Whether and, if applicable, when such child shall be referred for termination of parental rights and adoption; (C) Whether and, if applicable, when such child shall be placed with a permanent guardian; or (D) In the case in which DFCS has documented a compelling reason that none of the foregoing options would be in the best interests of the child, whether, and if applicable, when such child shall be placed in another planned permanent living arrangement; (9) If a child adjudicated as a dependent child is 14 years of age or older, a description of the programs and services that are or will be provided to assist such child in preparing for the transition from foster care to independent living. The description shall include all of the following: (A) The anticipated age at which such child will be discharged from foster care; (B) The anticipated amount of time available in which to prepare such child for the transition from foster care to independent living; (C) The anticipated location and living situation of such child on discharge from foster care; (D) A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist such child in preparing for the transition from foster care to independent living; and (E) The rationale for each program or service that is or will be provided to assist such child in preparing for the transition from foster care to independent living, the time frames for delivering such programs or services, and the intended outcome of such programs or services; and (10) When the recommended permanency plan is referral for termination of parental rights and adoption or placement in another home, a description of specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-state and interstate placements. 15-11-232. (a) At the permanency plan hearing, the court shall make written findings of fact that include the following: (1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing; (2) The continuing necessity for and the safety and appropriateness of the placement; (3) Compliance with the permanency plan by DFCS, parties, and any other service providers; (4) Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of a child adjudicated as a dependent child and his THURSDAY, MARCH 21, 2013 1845 or her parent, guardian, or legal custodian; (5) Efforts to eliminate the causes for the placement of a child adjudicated as a dependent child outside of his or her home and toward returning such child safely to his or her home or obtaining a permanent placement for such child; (6) The date by which it is likely that a child adjudicated as a dependent child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement; (7) Whether, in the case of a child adjudicated as a dependent child placed out of state, the out-of-state placement continues to be appropriate and in the best interests of such child; and (8) In the case of a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living. (b) The permanency plan incorporated in the court's order shall include: (1) Whether and, if applicable, when a child adjudicated as a dependent child shall be returned to his or her parent; (2) Whether and, if applicable, when a child adjudicated as a dependent child shall be referred for termination of parental rights and adoption; (3) Whether and, if applicable, when a child adjudicated as a dependent child shall be placed with a permanent guardian; or (4) Whether there is a safe and appropriate placement with a fit and willing relative of a child adjudicated as a dependent child or other persons who have demonstrated an ongoing commitment to a child or a statement as to why placement with such relative or other person is not safe or appropriate. (c) If the court finds that there is a compelling reason that it would not be in a child's best interests to be returned to his or her parent, referred for termination of parental rights and adoption, or placed with a permanent guardian, then the court's order shall document the compelling reason and provide that such child should be placed in another planned permanent living arrangement as defined in the court's order. (d) A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of a child adjudicated as a dependent child provide such child with assistance and support in developing a transition plan that is personalized at the direction of such child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as such child may elect in the 90 day period immediately prior to the date on which he or she will attain 18 years of age. 1846 JOURNAL OF THE SENATE 15-11-233. (a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to terminate the parental rights of a parent of a child adjudicated as a dependent child or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption if: (1) A child adjudicated as a dependent child has been in foster care under the responsibility of DFCS for 15 of the most recent 22 months; (2) The court has made a determination that the parent has subjected his or her child to aggravated circumstances; or (3) The court has made a determination that the parent of a child adjudicated as a dependent child has been convicted of: (A) The murder of another child of such parent; (B) Voluntary manslaughter of another child of such parent; (C) Voluntary manslaughter of the other parent of such child; (D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of such child; or (F) Committing felony assault that has resulted in serious bodily injury to such child or to another child of such parent. (b) Termination of parental rights may not be in the best interests of a child adjudicated as a dependent child when: (1) Such child is being cared for by his or her relative; (2) The case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of such child. Such compelling reasons may include, but not be limited to: (A) A parent of such child is successfully participating in services that will make it possible for his or her child to safely return home; (B) Another permanency plan is better suited to meet the health and safety needs of such child. Documentation that another permanent plan is better suited to meet the health and safety needs of such child may include documentation that: (i) Such child is 14 years of age or older and objects to termination of parental rights. Prior to accepting a child's objection, the court shall personally question such child in chambers to determine whether the objection is a voluntary and knowing choice; (ii) Such child is 16 years of age or older and specifically requests that emancipation be established as his or her permanent plan; (iii) The parent of such child and such child have a significant bond, but such parent is unable to care for such child because of an emotional or physical disability and such child's caregiver has committed to raising such child to the age of majority and facilitating visitation with such disabled parent; or (iv) Such child is in a residential treatment facility that provides services THURSDAY, MARCH 21, 2013 1847 specifically designed to address his or her treatment needs and the court determines that his or her needs could not be served by a less restrictive placement; (C) Such child is living with his or her relative who is unable or unwilling to adopt such child, but who is willing and capable of providing such child with a stable and permanent home environment and the removal of such child from the physical custody of his or her relative would be detrimental to such child's emotional wellbeing; (D) The court or judicial citizen review panel, in a prior hearing or review, determined that while the case plan was to reunify the family, DFCS did not make reasonable efforts; or (E) Such child is an unaccompanied refugee or there are international legal obligations or foreign policy reasons that would preclude terminating parental rights; or (3) DFCS has not provided to the family of such child services deemed necessary for his or her safe return to his or her home, consistent with the specific time frames for the accomplishment of the case plan goals. (c) The recommendation by DFCS that termination of parental rights is not in the best interests of a child shall be based on the present family circumstances of such child and shall not preclude a different recommendation at a later date if the family circumstances of a child adjudicated as a dependent child change. Part 13 15-11-240. (a) In addition to the jurisdiction to appoint guardians pursuant to Code Section 15-1113, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child adjudicated as a dependent child in accordance with this article. Prior to the entry of such an order, the court shall: (1) Find that reasonable efforts to reunify such child with his or her parents would be detrimental to such child or find that the living parents of such child have consented to the permanent guardianship; (2) Find that termination of parental rights and adoption is not in the best interests of such child; (3) Find that the proposed permanent guardian can provide a safe and permanent home for such child; (4) Find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen as such child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and (5) If such child is 14 years of age or older, find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen by such child as the child's permanent guardian is the individual most 1848 JOURNAL OF THE SENATE appropriate to be such child's permanent guardian taking into consideration the best interests of the child. (b) The court may enter an order of support on behalf of a child against the parents of such child in accordance with paragraph (7) of subsection (a) of Code Section 15-11212. 15-11-241. The petition for the appointment of a permanent guardian pursuant to this part shall set forth: (1) The facts upon which the court's jurisdiction is based; (2) The name and date of birth of the child adjudicated as a dependent child; (3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to such child, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to such child, if any; (4) A statement that: (A) Reasonable efforts to reunify such child with his or her parents would be detrimental to such child; (B) Termination of parental rights and adoption is not in the best interests of such child; (C) The proposed guardian can provide a safe and permanent home for such child; (D) The appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen as such child's guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and (E) If such child is 14 years of age or older, that the appointment of a permanent guardian for such child is in the best interests of the child and that the individual chosen by such child as the child's permanent guardian is the most appropriate individual to be such child's permanent guardian taking into consideration the best interests of the child; (5) Whether such child was born out of wedlock and, if so, the name and address of the biological father, if known; (6) Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of such child that deals with the guardianship of such child and the name and address of any designee named in the document; (7) In addition to the petitioner and the nominated guardian and, if the parent of such child has not consented to the permanent guardianship, the names and addresses of the following relatives of such child whose parents' whereabouts are known: (A) The adult siblings of such child; provided, however, that not more than three adult siblings need to be listed; (B) If there is no adult sibling of such child, the grandparents of such child; provided, however, that not more than three grandparents need to be listed; or (C) If there is no grandparent of such child, any three of the nearest adult relatives THURSDAY, MARCH 21, 2013 1849 of such child determined according to Code Section 53-2-1; (8) Whether a temporary guardian has been appointed for such child or a petition for the appointment of a temporary guardian has been filed or is being filed; and (9) The reason for any omission in the petition for appointment of a permanent guardian for such child in the event full particulars are lacking. 15-11-242. (a) Permanent guardianship orders entered pursuant to Code Section 15-11-240 shall: (1) Remain in effect until the child adjudicated as a dependent child reaches the age of 18 or becomes emancipated; (2) Not be subject to review by the court except as provided in Code Section 15-11244; and (3) Establish a reasonable visitation schedule which allows the child adjudicated as a dependent child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent's right to visitation. (b) A permanent guardian shall have the rights and duties of a permanent guardian as provided in Code Sections 29-2-21, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as provided in Code Section 29-2-24. 15-11-243. (a) Notice of a guardianship petition pursuant to this part shall be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardianship, notice of the petition shall not be required to be given to: (1) The adult siblings of the child who was adjudicated as a dependent child; (2) The grandparents of the child who was adjudicated as a dependent child; or (3) The nearest adult relatives of the child who was adjudicated as a dependent child as determined in accordance with Code Section 53-2-1. (b) The hearing shall be conducted in accordance with Code Section 29-2-18 to determine the best interests of the child who was adjudicated as a dependent child, and in reaching its determination the court shall consider Code Section 15-11-240. 15-11-244. (a) The court shall retain jurisdiction over a guardianship action under this part for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian. (b) The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support or visitation order entered pursuant to Code Section 15-11-240. (c) The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child who was adjudicated as a dependent child or the guardian and that such modification, vacation, or revocation of the guardianship order and the 1850 JOURNAL OF THE SENATE appointment of a new guardian is in the best interests of the child. Appointment of a new guardian shall be subject to the provisions of Code Sections 15-11-240 and 15-11241. ARTICLE 4 Part 1 15-11-260. (a) The purpose of this article is: (1) To protect a child who has been adjudicated as a dependent child from his or her parent who is unwilling or unable to provide safety and care adequate to meet such child's physical, emotional, and mental health needs by providing a judicial process for the termination of all parental rights and responsibilities; (2) To eliminate the need for a child who has been adjudicated as a dependent child to wait unreasonable periods of time for his or her parent to correct the conditions which prevent his or her return to the family; (3) To ensure that the continuing needs of a child who has been alleged or adjudged to be a dependent child for proper physical, mental, and emotional growth and development are the decisive considerations in all proceedings; (4) To ensure that the constitutional rights of all parties are recognized and enforced in all proceedings conducted pursuant to this article while ensuring that the fundamental needs of a child are not subjugated to the interests of others; and (5) To encourage stability in the life of a child who has been adjudicated as a dependent child and has been removed from his or her home by ensuring that all proceedings are conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for such child. (b) Nothing in this article shall be construed as affecting the rights of a parent who is not the subject of the proceedings. 15-11-261. (a) An order terminating the parental rights of a parent shall be without limit as to duration and shall divest the parent and his or her child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except: (1) The right of such child to receive child support from his or her parent until a final order of adoption is entered; (2) The right of such child to inherit from and through his or her parent. The right of inheritance of such child shall be terminated only by a final order of adoption; and (3) The right of such child to pursue any civil action against his or her parent. (b) When an order terminating the parent and child relationship has been issued, the parent whose right has been terminated shall not thereafter be entitled to notice of proceedings for the adoption of his or her child by another, nor has the parent any right to object to the adoption or otherwise to participate in such proceedings. (c) The relationship between a child and his or her siblings shall not be severed until THURSDAY, MARCH 21, 2013 1851 that relationship is terminated by final order of adoption. (d) A relative whose relationship to a child is derived through the parent whose parental rights are terminated shall be considered to be a relative of such child for purposes of placement of, and permanency plan for, such child until such relationship is terminated by final order of adoption. 15-11-262. (a) A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for a child in a termination of parental rights proceeding. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child. (c) A child's attorney owes to a child the duties imposed by the law of this state in an attorney-client relationship. (d) The court may appoint a guardian ad litem for a child in a termination proceeding at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (e) The role of a guardian ad litem in a termination of parental rights proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (f) If an attorney has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding. (g) An attorney appointed to represent a child in a termination proceeding shall continue the representation in any subsequent appeals unless excused by the court. (h) Unless authorized by the court, neither a child or a representative of a child may waive the right to any attorney in a termination proceeding. (i) A party other than a child shall be informed of his or her right to an attorney prior to the adjudication hearing and prior to any other hearing at which a party could be subjected to the loss of residual parental rights. A party other than a child shall be given an opportunity to: (1) Obtain and employ an attorney of the party's own choice; (2) To obtain a court appointed attorney if the court determines that the party is an indigent person; or (3) Waive the right to an attorney. 15-11-263. (a) Upon motion of any party or the court, the court may require a physical or mental 1852 JOURNAL OF THE SENATE evaluation of a child adjudicated as a dependent child or his or her parent, stepparent, guardian, or legal custodian. (b) The cost of any ordered evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties. 15-11-264. (a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing: (1) The names and telephone numbers of each witness likely to be called to testify at the hearing by another party; (2) A copy of any formal written statement made by the child adjudicated as a dependent child or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing; (3) Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced; (4) Any drug screen concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian; (5) Any case plan concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian; (6) Any visitation schedule related to the child who is adjudicated as a dependent child; (7) Photographs and any physical evidence which are intended to be introduced at any hearing; (8) Copies of the police incident report regarding an occurrence which forms part or all of the basis of the petition; and (9) Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section. (b) Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing: (1) Any psychological, developmental, physical, mental or emotional health, or other assessments of the child adjudicated as a dependent child or the family, parent, guardian, or legal custodian of such child; (2) Any school record concerning the child adjudicated as a dependent child; (3) Any medical record concerning the child adjudicated as a dependent child; (4) Transcriptions, recordings, and summaries of any oral statement of the child adjudicated as a dependent child or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel; (5) Any family team meeting report or multidisciplinary team meeting report concerning the child adjudicated as a dependent child or his or her parent, guardian, or THURSDAY, MARCH 21, 2013 1853 legal custodian; (6) Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and (7) Immigration records concerning the child adjudicated as a dependent child. (c) If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which are intended to be introduced at the hearing; and (4) A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request. (e) If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would: (1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence. (f) No deposition shall be taken of a child adjudicated as a dependent child unless the court orders the deposition, under such conditions as the court may order, on the ground 1854 JOURNAL OF THE SENATE that the deposition would further the purposes of this part. (g) If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances. (h) Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication. (i) Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide. 15-11-265. Once a petition to terminate parental rights has been filed, the parent of a child adjudicated as a dependent child shall thereafter be without authority to execute an act of surrender or otherwise to affect the custody of his or her child except such parent may: (1) Execute an act of surrender in favor of the department; and (2) Consent to a judgment terminating his or her parental rights. Part 2 15-11-270. (a) A proceeding under this article shall be commenced in the county that has jurisdiction over the related dependency proceedings. (b) For the convenience of the parties, the court may transfer proceedings to the county in which the parent of a child adjudicated as a dependent child legally resides. If a proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer. Part 3 15-11-280. (a) A petition to terminate parental rights and all subsequent court documents in such proceeding shall be entitled 'In the interest of _____, a child.', except upon appeal, in which event the anonymity of a child shall be preserved by use of appropriate initials. The petition shall be in writing. (b) The petition to terminate parental rights shall be made, verified, and endorsed by the court as provided in Article 3 of this chapter for a petition alleging dependency. (c) A petition to terminate parental rights shall: (1) State clearly that an order for termination of parental rights is requested and that the effect of the order will conform to Code Section 15-11-261; THURSDAY, MARCH 21, 2013 1855 (2) State the statutory ground, as provided in Code Section 15-11-310, on which the petition is based; and (3) Set forth plainly and with particularity: (A) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and the public that the proceeding be brought; (B) The name, age, date of birth, and residence address of the child named in the petition; (C) The name and residence address of the parent, guardian, or legal custodian of such child; or, if the parent, guardian, or legal custodian of the child named in the petition to terminate parental rights does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (D) Whether the child named in the petition is in protective custody and, if so, the place of his or her foster care and the time such child was taken into protective custody; and (E) Whether any of the information required by this paragraph is unknown. (d) When a petition to terminate parental rights seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to his child, the petition shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child named in the petition or indicating the possibility of paternity of a child of the child's mother for a period beginning no more than two years immediately preceding such child's date of birth. The certificate shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition or as of a date later than the date of the petition. (e) A copy of a voluntary surrender or written consent, if any, previously executed by a parent of the child named in the petition to terminate parental rights shall be attached to the petition. 15-11-281. (a) The court shall direct the issuance of a summons to the mother, legal father or biological father, guardian, legal custodian, attorney, and guardian ad litem, if any, of the child named in the petition to terminate parental rights and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. A copy of such petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of such petition can be obtained. (b) The court shall direct notice and a copy of the petition be provided to the child named in the petition if the child is 14 years of age or older. 1856 JOURNAL OF THE SENATE (c) The summons shall include the notice of effect of a termination judgment as set forth in Code Section 15-11-284 and shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. (d) The court may endorse upon the summons an order directing the parent, guardian, or legal custodian of the child named in the petition to appear personally at the hearing or directing the person having the physical custody or control of such child to bring such child to the hearing. (e) A party other than the child named in the petition may waive service of summons by written stipulation or by voluntary appearance at the hearing. 15-11-282. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 30 days before the termination of parental rights hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least 30 days before the termination of parental rights hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least 30 days before the termination of parental rights hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt request. (d) If, after due diligence, a party to be served with a summons cannot be found and such party's address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The termination of parental rights hearing shall not be earlier than 31 days after the date of the last publication. (e)(1) Service by publication shall be made once a week for four consecutive weeks in the legal organ of the county where the petition to terminate parental rights has been filed. Service shall be deemed complete upon the date of the last publication. (2) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights. (3) The petition to terminate parental rights shall be available to the parent whose rights are sought to be terminated free of charge from the court during business hours or, upon request, shall be mailed to such parent. THURSDAY, MARCH 21, 2013 1857 (4) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition to terminate parental rights to the absent parent's last known address. (f) Service of the summons may be made by any suitable person under the direction of the court. (g) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing. 15-11-283. (a) Unless he has surrendered all parental rights to his child, a summons shall be served on the legal father of a child named in the petition brought pursuant to this article or the biological father: (1) Whose paternity has been previously established in a judicial proceeding to which the father was a party; (2) Whose identity is known to the petitioner or the petitioner's attorney; (3) Who is a registrant on the putative father registry and has acknowledged paternity of the child named in the petition brought pursuant to this article; (4) Who is a registrant on the putative father registry who has indicated possible paternity of the child named in the petition brought pursuant to this article that was born to such child's mother during a period beginning no more than two years immediately preceding such child's date of birth; or (5) Who, if the court finds from the evidence including but not limited to the affidavit of the mother of a child named in the petition brought pursuant to this article, has performed any of the following acts: (A) Lived with such child; (B) Contributed to such child's support; (C) Made any attempt to legitimate such child; or (D) Provided support or medical care for such mother either during her pregnancy or during her hospitalization for the birth of such child. (b) Notice shall be given to the biological father or legal father by the following methods: (1) If the biological father or legal father is within this state and can be found, the summons shall be served upon him personally as soon as possible and least 30 days before the termination of parental rights hearing; (2) If the biological father or legal father is outside this state but his address is known or can be ascertained with due diligence, service of summons shall be made at least 30 days before the termination of parental rights hearing either by delivering a copy to him personally or by mailing a copy to him by registered or certified mail or statutory overnight delivery, return receipt requested; or (3) If, after due diligence, the biological father or legal father to be served with summons cannot be found and his address cannot be ascertained, whether he is within 1858 JOURNAL OF THE SENATE or outside this state, the court may order service of summons upon him by publication. The termination of parental rights hearing shall not be earlier than 31 days after the date of the last publication. Service by publication shall be as follows: (A) Service by publication shall be made once a week for four consecutive weeks in the legal organ of the county where the petition to terminate parental rights has been filed and of the county of the biological father's last known address. Service shall be deemed complete upon the date of the last publication; (B) When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition to terminate parental rights was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition to terminate parental rights can be obtained and require the biological father or legal father to appear before the court at the time fixed to answer the allegations of the petition to terminate parental rights; (C) The petition to terminate parental rights shall be available to the biological father or legal father whose rights are sought to be terminated free of charge from the court during business hours or, upon request, shall be mailed to the biological father or legal father; and (D) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition to terminate parental rights to the biological father's or legal father's last known address. (c) The notice shall advise the biological father who is not the legal father that he may lose all rights to the child named in a petition brought pursuant to this article and will not be entitled to object to the termination of his rights to such child unless, within 30 days of receipt of notice, he files: (1) A petition to legitimate such child; and (2) Notice of the filing of the petition to legitimate with the court in which the termination of parental rights proceeding is pending. (d) If the identity of the biological father whose rights are sought to be terminated is not known to the petitioner or the petitioner's attorney and the biological father would not be entitled to notice in accordance with subsection (a) of this Code section, then it shall be rebuttably presumed that he is not entitled to notice of the proceedings. The court shall be authorized to require the mother to execute an affidavit supporting the presumption or show cause before the court if she refuses. Absent evidence rebutting the presumption, no further inquiry or notice shall be required by the court, and the court may enter an order terminating the rights of the biological father. (e) The court may enter an order terminating all the parental rights of a biological father, including any right to object thereafter to such proceedings: (1) Who fails to file a timely petition to legitimate the child named in a petition brought pursuant to this article and notice in accordance with subsection (c) of this Code section; (2) Whose petition to legitimate is subsequently dismissed for failure to prosecute; or THURSDAY, MARCH 21, 2013 1859 (3) Whose petition to legitimate does not result in a court order finding that he is the legal father of the child named in a petition brought pursuant to this article. 15-11-284. The notice required to be given to the mother, the biological father, and legal father of the child shall state: 'NOTICE OF EFFECT OF TERMINATION JUDGMENT Georgia law provides that you can permanently lose your rights as a parent. A petition to terminate parental rights has been filed requesting the court to terminate your parental rights to your child. A copy of the petition to terminate parental rights is attached to this notice. A court hearing of your case has been scheduled for the _____ day of __________, _____, at (time of day), at the_________Court of _______County. If you fail to appear, the court can terminate your rights in your absence. If the court at the trial finds that the facts set out in the petition to terminate parental rights are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to your child. This means that you will not have the right to visit, contact, or have custody of your child or make any decisions affecting your child or your child's earnings or property. Your child will be legally freed to be adopted by someone else. Even if your parental rights are terminated: (1) You will still be responsible for providing financial support (child support payments) for your child's care unless and until your child is adopted; and (2) Your child can still inherit from you unless and until your child is adopted. This is a very serious matter. You should contact an attorney immediately so that you can be prepared for the court hearing. You have the right to hire an attorney and to have him or her represent you. If you cannot afford to hire an attorney, the court will appoint an attorney if the court finds that you are an indigent person. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is __________.' 15-11-285. (a) If any person named in and properly served with a summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child named in the petition pursuant to this article before the court, then the court may issue a rule nisi against the person, directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child named in the petition pursuant to this article into protective custody. 1860 JOURNAL OF THE SENATE Part 4 15-11-300. (a) In advance of each hearing to terminate parental rights, DFCS shall give written notice of the date, time, place, and purpose of the hearing to the caregiver of the child at issue, the foster parents of such child, if any, any preadoptive parent, or any relative providing care for such child, including the right to be heard. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing by United States mail, e-mail, or hand delivery. (b) This Code section shall not be construed to require a caregiver, foster parent, preadoptive parent, or relative caring for the child at issue to be made a party to the hearing solely on the basis of such notice and right to be heard. 15-11-301. (a) If no just cause has been shown for delay, all hearings contemplated by this article shall be conducted within 90 days of the date a petition to terminate parental rights is filed. (b) If no just cause for delay has been shown by written finding of fact by the court, an order of disposition shall be issued by the juvenile court no later than 30 days after the conclusion of the hearing on the petition to terminate parental rights. (c) All hearings contemplated by this article shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the hearings. If no just cause for delay has been shown, the court reporter shall provide a transcript of the hearings no later than 30 days after a notice of appeal is filed. (d) This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order. (e) Failure to comply with the time requirements of this Code section shall not be grounds to invalidate an otherwise proper order terminating parental rights unless the court determines that such delay resulted in substantial prejudice to a party. 15-11-302. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent dependency or termination proceedings involving the same child or dependency or termination proceedings involving the same respondent. 15-11-303. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence. THURSDAY, MARCH 21, 2013 1861 Part 5 15-11-310. (a) In considering the termination of parental rights, the court shall first determine whether one of the following statutory grounds for termination of parental rights has been met: (1) The parent has given written consent to termination which has been acknowledged by the court or has voluntarily surrendered his or her child for adoption; (2) The parent has subjected his or her child to aggravated circumstances; (3) The parent has wantonly and willfully failed to comply for a period of 12 months or longer with a decree to support his or her child that has been entered by a court of competent jurisdiction of this or any other state; (4) A child is abandoned by his or her parent; or (5) A child is a dependent child due to lack of proper parental care or control by his or her parent, reasonable efforts to remedy the circumstances have been unsuccessful or were not required, such cause of dependency is likely to continue or will not likely be remedied, and the continued dependency will cause or is likely to cause serious physical, mental, emotional, or moral harm to such child. (b) If any of the statutory grounds for termination has been met, the court shall then consider whether termination is in a child's best interests after considering the following factors: (1) Such child's sense of attachments, including his or her sense of security and familiarity, and the continuity of affection for such child; (2) Such child's wishes and long-term goals; (3) Such child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives; and (4) Any other factors, including the factors set forth in Code Section 15-11-26, considered by the court to be relevant and proper to its determination. (c) If the court determines that a parent has subjected his or her child to aggravated circumstances because such parent has committed the murder of the other parent of such child, the court shall presume that termination of parental rights is in the best interests of the child. 15-11-311. (a) In determining whether a child is without proper parental care and control, the court shall consider, without being limited to, the following: (1) A medically verified deficiency of such child's parent's physical, mental, or emotional health that is of such duration or nature so as to render such parent unable to provide adequately for his or her child; (2) Excessive use of or history of chronic unrehabilitated substance abuse with the effect of rendering a parent of such child incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of his or her child; 1862 JOURNAL OF THE SENATE (3) A felony conviction and imprisonment of a parent of such child for an offense which has a demonstrably negative effect on the quality of the parent-child relationship including, but not limited to, any of the following: (A) Murder of another child of such parent; (B) Voluntary manslaughter of another child of such parent; (C) Voluntary manslaughter of the other parent of his or her child; (D) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent; (E) Aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of the other parent of his or her child; or (F) Committing felony assault that results in serious bodily injury to his or her child or another child of such parent; (4) Egregious conduct or evidence of past egregious conduct of a physically, emotionally, or sexually cruel or abusive nature by such parent toward his or her child or toward another child of such parent; (5) Physical, mental, or emotional neglect of his or her child or evidence of past physical, mental, or emotional neglect by the parent of such child or another child of such parent; and (6) Serious bodily injury or death of a sibling of his or her child under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. (b) In determining whether a child who is not in the custody and care of his or her parent is without proper parental care and control, the court shall also consider, without being limited to, whether such parent, without justifiable cause, has failed significantly for a period of six months prior to the date of the termination hearing: (1) To develop and maintain a parental bond with his or her child in a meaningful, supportive manner; (2) To provide for the care and support of his or her child as required by law or judicial decree; and (3) To comply with a court ordered plan designed to reunite such parent with his or her child. (c) A parent's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for determining a parent to be unwilling or unable to provide safety and care adequate to meet his or her child's physical, emotional, and mental health needs as provided in paragraph (1) of subsection (a) of this Code section or as depriving such child of proper parental care or control for purposes of this Code section and Code Section 15-11-310. Part 6 15-11-320. (a) When the court finds that any ground set out in Code Section 15-11-310 is proved by clear and convincing evidence and that termination of parental rights is in a child's THURSDAY, MARCH 21, 2013 1863 best interests, it shall order the termination of the parent's rights. (b) The court's order shall: (1) Contain written findings on which the order is based, including the factual basis for a determination that grounds for termination of parental rights exist and that termination is in the best interests of the child; (2) Be conclusive and binding on all parties from the date of entry; (3) Grant custody of the child at issue in accordance with Code Section 15-11-321; and (4) Inform the parent whose rights have been terminated of his or her right to use the services of the Georgia Adoption Reunion Registry; however, failure to include such information shall not affect the validity of the judgment. (c) If the court does not order the termination of parental rights but the court finds that there is clear and convincing evidence that a child is a dependent child, the court may enter a disposition order in accordance with the provisions of Article 3 of this chapter. (d) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the department within 15 days of the filing of such order. 15-11-321. (a) When a court enters an order terminating the parental rights of a parent or accepts a parent's voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child's court approved permanency plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in a child's best interests, the court shall enter findings of fact reflecting its consideration of the following: (1) Such child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement for such child; (3) Such child's sense of attachment and need for continuity of relationships; (4) The value of biological and familial connections; and (5) Any other factors the court deems relevant to its determination. (b) A guardian or legal custodian shall submit to the jurisdiction of the court for purposes of placement. (c) A placement effected under the provisions of this Code section shall be conditioned upon the person who is given custody or who is granted an adoption of a child whose parents have had their parental rights terminated or surrendered agreeing to abide by the terms and conditions of the order of the court. (d) In addition to its rights as a legal custodian, the department has the authority to consent to the adoption of a child whose parents have had their parental rights terminated or surrendered. 1864 JOURNAL OF THE SENATE 15-11-322. (a) If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains unadopted, review the circumstances of such child to determine what efforts have been made to assure that such child will be adopted. The court shall: (1) Make written findings regarding whether reasonable efforts have been made to move such child to permanency; (2) Evaluate whether, in light of any change in circumstances, the permanency plan for such child remains appropriate; and (3) Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement. (b) In those cases in which a child whose parents have had their parental rights terminated or surrendered was placed with a guardian, within 60 days after such appointment and within 60 days after each anniversary date of such appointment, the guardian shall file with the court a personal status report of such child which shall include: (1) A description of such child's general condition, changes since the last report, and such child's needs; (2) All addresses of such child during the reporting period and the living arrangements of such child for all addresses; and (3) Recommendations for any modification of the guardianship order. 15-11-323. (a) A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights or the parent voluntarily surrendered parental rights to DFCS and for whom the court has determined that adoption is no longer the permanent plan may petition the court to reinstate parental rights pursuant to the modification of orders procedure prescribed by Code Section 15-11-32. Such child may file the petition to reinstate parental rights prior to the expiration of such three-year period if the department or licensed child-placing agency that is responsible for the custody and supervision of such child and such child stipulate that such child is no longer likely to be adopted. A child 14 years of age or older shall sign the petition in the absence of a showing of good cause as to why such child could not do so. (b) If it appears that the best interests of a child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall cause notice to be served by United States mail to DFCS, the attorney of record, guardian ad litem, if any, and foster parents, if any, of the child whose parental rights were terminated or surrendered and the child's former parent whose parental rights were terminated or surrendered. The former parent and foster parents, if any, shall have a right to be heard at the hearing to reinstate parental rights but shall not be parties at such hearing, and such hearing may be conducted in their absence. A child's motion shall be dismissed if his or her former parent cannot be located or if such parent objects to the reinstatement. THURSDAY, MARCH 21, 2013 1865 (c) The court shall grant the petition if it finds by clear and convincing evidence that a child is no longer likely to be adopted and that reinstatement of parental rights is in the child's best interests. In determining whether reinstatement is in the child's best interests the court shall consider, but not be limited to, the following: (1) Whether a parent whose rights are to be reinstated is a fit parent and has remedied his or her deficits as provided in the record of the prior termination proceedings and prior termination order; (2) The age and maturity of a child and the ability of such child to express his or her preference; (3) Whether the reinstatement of parental rights will present a risk to a child's health, welfare, or safety; and (4) Other material changes in circumstances, if any, that may have occurred which warrant the granting of the petition. (d) If the court grants the petition to reinstate parental rights, a review hearing shall be scheduled within six months. During such period, the court may order that a child be immediately placed in the custody of his or her parent or, if the court determines that a transition period is necessary and such child is in DFCS custody at the time of the order, order DFCS to provide transition services to the family as appropriate. (e) An order granted under this Code section reinstates a parent's rights to his or her child. Such reinstatement shall be a recognition that the situation of the parent and his or her child has changed since the time of the termination of parental rights and reunification is now appropriate. (f) This Code section is intended to be retroactive and applied to any child who is under the jurisdiction of the court at the time of the hearing regardless of the date parental rights were terminated. ARTICLE 5 Part 1 15-11-380. The purpose of this article is: (1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from the irreversibility of certain choices and to protect the integrity of such child's family; (2) To make family members aware of their contributions to their family's problems and to encourage family members to accept the responsibility to participate in any program of care ordered by the court; (3) To provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation that he or she needs to assist him or her in becoming a responsible and productive member of society; and (4) To ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of a family referred to the court. 1866 JOURNAL OF THE SENATE 15-11-381. As used in this article, the term: (1) 'Comprehensive services plan' means an interagency treatment, habilitation, support, or supervision plan developed collaboratively by state or local agency representatives, parties, and other interested persons following a court's finding that a child is incompetent to proceed. (2) 'Habilitation' means the process by which a child is helped to acquire and maintain those life skills which will enable him or her to cope more effectively with the demands of his or her own person and of his or her environment and to raise the level of his or her physical, mental, social, and vocational abilities. (3) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a comprehensive services plan. (4) 'Runaway' means a child who without just cause and without the consent of his or her parent, guardian, or legal custodian is absent from his or her home or place of abode for at least 24 hours. (5) 'Status offense' means an act prohibited by law which would not be an offense if committed by an adult. (6) 'Truant' means having ten or more days of unexcused absences from school in the current academic year. Part 2 15-11-390. (a) A complaint alleging a child is a child in need of services may be filed by a parent, guardian, or legal custodian, DFCS, a school official, a law enforcement officer, a guardian ad litem, or an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true. (b) The complaint shall set forth plainly and with particularity: (1) The name, date of birth, and residence address of the child alleged to be a child in need of services; (2) The names and residence addresses of the parent, guardian, or legal custodian, any other family members, or any other individuals living within such child's home; (3) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by such child; and (4) Whether any of the matters required by this subsection are unknown. (c) When a school official is filing a complaint alleging a child is a child in need of services, information shall be included which shows that: (1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and (2) The school district has sought to engage the parent, guardian, or legal custodian of such child in solving the problem but such person has been unwilling or unable to do so, that the problem remains, and that court intervention is needed. THURSDAY, MARCH 21, 2013 1867 (d) When a school official is filing a complaint alleging a child is a child in need of services involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, information shall be included which demonstrates that the legally liable school district: (1) Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and (2) Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate. (e) The juvenile court intake officer shall be responsible for receiving complaints alleging that a child is a child in need of services. Part 3 15-11-400. (a) The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than: (1) Seventy-two hours after such child is taken into temporary custody if he or she is being held in a secure residential facility or nonsecure residential facility; or (2) Five days after such child is placed in foster care, provided that, if the five-day time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (b) If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the following time frames apply: (1) The petition for a child in need of services shall be filed: (A) Within 30 days of the filing of the complaint with the juvenile court; or (B) Within 30 days of such child's release from temporary custody; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) An adjudication hearing shall be scheduled to be held no later than 60 days after the filing of the petition for a child in need of services; and (4) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing. (c) If a child alleged to be a child in need of services is not released from temporary custody at the continued custody hearing, the following time frames apply: (1) The petition for a child in need of services shall be filed within five days of the continued custody hearing; (2) Summons shall be served at least 72 hours before an adjudication hearing; (3) An adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition for a child in need of services; and (4) If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing. 1868 JOURNAL OF THE SENATE 15-11-401. (a) A proceeding under this article may be commenced in the county in which the act complained of took place or in the county in which the child alleged to be a child in need of services legally resides. (b) If a proceeding is commenced in the county in which the act complained of took place, the court shall transfer the case to the county in which the child alleged to be a child in need of services legally resides for further proceedings. (c) When a proceeding is transferred, certified copies of all legal and social documents and records on file with the clerk of court pertaining to the proceeding shall accompany such transfer. 15-11-402. (a) The court shall appoint an attorney for a child alleged to be a child in need of services. (b) The court shall appoint a CASA to act as a guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem. (c) The court may appoint a guardian ad litem for a child alleged to be a child in need of services at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem. (d) The role of a guardian ad litem in a proceeding for a child in need of services shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (e) If an attorney or a guardian ad litem has previously been appointed for a child in a dependency or delinquency proceeding, the court, when possible, shall appoint the same attorney or guardian ad litem for a child alleged to be a child in need of services. (f) An attorney appointed to represent a child in a proceeding for a child in need of services shall continue representation in any subsequent appeals unless excused by the court. (g) A child alleged to be a child in need of services shall be informed of his or her right to an attorney at or prior to the first court proceeding for a child in need of services. A child alleged to be a child in need of services shall be given an opportunity to: (1) Obtain and employ an attorney of his or her own choice; or (2) To obtain a court appointed attorney if the court determines that such child is an indigent person. 15-11-403. A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on such THURSDAY, MARCH 21, 2013 1869 motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record. 15-11-404. If a child is alleged or adjudicated to be a child in need of services and is placed in foster care, the child shall be required to have a case plan. In addition to the case plan requirements of Code Section 15-11-201, a case plan shall include: (1) A description of such child's strengths and needs; (2) A description of such child's specific parental strengths and needs; (3) A description of other personal, family, or environmental problems that may contribute to such child's behaviors; (4) A description of the safety, physical, and mental health needs of such child; (5) Identification of the least restrictive placement to safeguard such child's best interests and protect the community; (6) An assessment of the availability of community resources to address such child's and his or her family's needs; (7) An assessment of the availability of court diversion services; and (8) An assessment of the availability of other preventive measures. 15-11-405. Any proceeding or other processes or actions alleging for the first time that a child is a runaway shall be terminated or dismissed upon the request of such child's parent, guardian, or legal custodian. Part 4 15-11-410. (a) A child may be taken into temporary custody under this article: (1) Pursuant to a court order; or (2) By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances are such as to endanger a child's health or welfare unless immediate action is taken. (b) Before entering an order authorizing temporary custody, the court shall consider the results of a detention assessment and determine whether continuation in the home is contrary to a child's welfare and whether there are available services that would prevent the need for custody. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (c) A person taking a child into temporary custody shall deliver such child, with all reasonable speed and without first taking such child elsewhere, to a medical facility if he or she is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court 1870 JOURNAL OF THE SENATE intake officer. Immediately upon being notified by the person taking such child into custody, the juvenile court intake officer shall administer a detention assessment and determine if such child should be released, remain in temporary custody, or be brought before the court. 15-11-411. (a) A person taking a child into temporary custody pursuant to Code Section 15-11-410 shall not exercise custody over such child except for a period of 12 hours. (b) Immediately after a child taken into custody, every effort shall be made to contact such child's parents, guardian, or legal custodian. (c) If a parent, guardian, or legal custodian has not assumed custody of his or her child at the end of the 12 hour period described in subsection (a) of this Code section, the court shall be notified and shall place such child in the least restrictive placement consistent with such child's needs for protection or control in the custody of such child's parents, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court; provided, however, that if such placement is not available, such child shall be placed in the custody of DFCS which shall promptly arrange for foster care of such child. 15-11-412. (a) A child alleged to be a child in need of services may be held in a secure residential facility or nonsecure residential facility until a continued custody hearing is held, provided that a detention assessment has been administered and such child is not held in a secure residential facility or nonsecure residential facility for more than 24 hours and any of the following apply: (1) It is alleged that such child is a runaway; (2) It is alleged that such child is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable; or (3) Such child has previously failed to appear at a scheduled hearing. (b) A child alleged to be a child in need of services placed in a secure residential facility or nonsecure residential facility pursuant to subsection (a) of this Code section may be appointed an attorney prior to the continued custody hearing. (c) In no case shall a child alleged to be or adjudicated as a child in need of services in custody be detained in a jail, adult lock-up, or other adult detention facility. 15-11-413. (a) If a child alleged to be a child in need of services is being held in a secure residential facility or nonsecure residential facility, a continued custody hearing shall be held within 72 hours. If such hearing is not held within the time specified, such child shall be released from temporary detention in accordance with subsection (c) of Code Section 15-11-411 and with authorization of the detaining authority. (b) If a child alleged to be a child in need of services is not being held in a secure residential facility or nonsecure residential facility and has not been released to the THURSDAY, MARCH 21, 2013 1871 custody of such child's parent, guardian, or legal custodian, a hearing shall be held promptly and not later than five days after such child is placed in foster care, provided that, if the five-day time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday. (c) At the commencement of a continued custody hearing, the court shall inform the parties of: (1) The nature of the allegations; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) Their due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. 15-11-414. (a) At a continued custody hearing, the court shall determine whether there is probable cause to believe that a child has committed a status offense or is otherwise a child in need of services and that continued custody is necessary. (b) If the court determines there is probable cause to believe that a child has committed a status offense or is otherwise in need of services, the court may order that such child: (1) Be released to the custody of his or her parent, guardian, or legal custodian; or (2) Be placed in the least restrictive placement consistent with such child's need for protection and control as authorized by Code Section 15-11-411 and in accordance with Code Section 15-11-415. (c) If the court determines there is probable cause to believe that such child has committed a status offense or is otherwise in need of services, the court shall: (1) Refer such child and his or her family for a community based risk reduction program; or (2) Order that a petition for a child in need of services be filed and set a date for an adjudication hearing. (d) Following a continued custody hearing, the court may detain a child alleged to be a child in need of services in a secure residential facility or nonsecure residential facility for up to 72 hours, excluding weekends and legal holidays, only for the purpose of providing adequate time to arrange for an appropriate alternative placement pending the adjudication hearing. (e) All orders shall contain written findings as to the form or conditions of a child's release. If a child alleged to be a child in need of services cannot be returned to the custody of his or her parent, guardian, or legal custodian at the continued custody hearing, the court shall state the facts upon which the continued custody is based. The 1872 JOURNAL OF THE SENATE court shall make the following findings of fact referencing any and all evidence relied upon to make its determinations: (1) Whether continuation in the home of such child's parent, guardian, or legal custodian is contrary to such child's welfare; and (2) Whether reasonable efforts have been made to safely maintain such child in the home of his or her parent, guardian, or legal custodian and to prevent or eliminate the need for removal from such home. Such finding shall be made at the continued custody hearing if possible but in no case later than 60 days following such child's removal from his or her home. 15-11-415. (a) Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that a child committed the act of which he or she is accused, there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and: (1) Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period; (2) Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court; or (3) An order for such child's detention has been made by the court. (b) A child alleged to be a child in need of services shall not be detained: (1) To punish, treat, or rehabilitate such child; (2) To allow his or her parent, guardian, or legal custodian to avoid his or her legal responsibilities; (3) To satisfy demands by a victim, law enforcement, or the community; (4) To permit more convenient administrative access to him or her; (5) To facilitate further interrogation or investigation; or (6) Due to a lack of a more appropriate facility. (c) Whenever a child alleged to be a child in need of services cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of such child shall be favored over more intrusive alternatives. (d) Whenever the curtailment of the freedom of a child alleged to be a child in need of services is permitted, the exercise of authority shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of such child and his or her family; (2) Protection of the psychological and physical health of such child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of such child; (6) Avoidance of stigmatization of such child; and (7) Assurance that such child has been informed of his or her right to consult with an THURSDAY, MARCH 21, 2013 1873 attorney and that, if the child is an indigent person, an attorney will be provided. (e) Before entering an order authorizing detention, the court shall determine whether a child's continuation in his or her home is contrary to his or her welfare and whether there are available services that would prevent or eliminate the need for detention. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (f) If a child alleged to be a child in need of services can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided. Part 5 15-11-420. A petition alleging that a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that such facts are true. Such petition shall not be filed unless the court or a person authorized by the court has determined and endorsed on the petition that the filing of the petition is in the best interests of the public and such child. 15-11-421. (a) If a child alleged to be a child in need of services is not released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child is in need of services shall be filed within five days of such continued custody hearing. (b) If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child in need of services shall be filed: (1) Within 30 days of the filing of the complaint with the juvenile court intake officer; or (2) Within 30 days of such child's release from temporary custody. (c) Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition seeking an adjudication that a child is a child in need of services in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension. (d) If no petition seeking an adjudication that a child is a child in need of services is filed within the required time frame, the complaint may be dismissed without prejudice. 15-11-422. (a) A petition seeking an adjudication that a child is a child in need of services shall be verified and may be on information and belief. It shall set forth plainly and with particularity: (1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be 1874 JOURNAL OF THE SENATE brought; (2) The name, date of birth, and residence address of the child alleged to be a child in need of services; (3) The name and residence address of the parent, guardian, or legal custodian of the child named in the petition; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court; (4) The name and age of any other family member of such child living within such child's home; (5) Whether all available and appropriate attempts to encourage voluntary use of community services by such child's family have been exhausted; and (6) Whether any of the information required by this subsection is unknown. (b) If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official, such petition shall be dismissed unless it includes information which shows that: (1) The legally liable school district has sought to resolve the expressed problem through available educational approaches; and (2) The school district has sought to engage such child's parent, guardian, or legal custodian in solving the problem but any such individual has been unwilling or unable to do so; that the problem remains; and that court intervention is needed. (c) If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, such petition shall be dismissed unless it includes information which demonstrates that the legally liable school district: (1) Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and (2) Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate. 15-11-423. (a) The court shall direct the issuance of a summons to the child alleged to be a child in need of services, his or her parent, guardian, or legal custodian, DFCS and any other public agencies or institutions providing services, and any other persons who appear to the court to be proper or necessary parties to such child in need of services proceeding requiring them to appear before the court at the time fixed to answer the allegations of the petition seeking an adjudication that a child is in need of services. A copy of such petition shall accompany the summons. (b) The summons shall state that a party is entitled to an attorney in the proceedings THURSDAY, MARCH 21, 2013 1875 and that the court will appoint an attorney if the party is an indigent person. (c) A party other than a child may waive service of summons by written stipulation or by voluntary appearance at the hearing. 15-11-424. (a) If a party to be served with a summons pursuant to Code Section 15-11-423 is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 72 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before an adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least five days before an adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) Service of the summons may be made by any suitable person under the direction of the court. (e) The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing on the petition seeking an adjudication that a child is in need of services. 15-11-425. (a) In the event a parent, guardian, or legal custodian of a child alleged to be a child in need of services willfully fails to appear personally at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear or such parent, guardian, or legal custodian willfully fails to bring such child to such hearing after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of the child alleged to be a child in need of services fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. (c) In the event an agency representative willfully fails to appear at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear, the court may direct the appropriate agency representative to appear before the court to show cause why a contempt order should not be issued. (d) If a child 16 years of age or older fails to appear at a hearing on a petition seeking 1876 JOURNAL OF THE SENATE an adjudication that such child is a child in need of services after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section 15-11-31. (e) If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing on a petition seeking an adjudication that such child is a child in need of services after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section 15-11-31. Part 6 15-11-440. The petitioner has the burden of proving the allegations of a child in need of services petition by clear and convincing evidence. 15-11-441. (a) If a child alleged to be a child in need of services is in continued custody but not in a secure residential facility or nonsecure residential facility, the adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition seeking an adjudication that such child is a child in need of services. If such child is not in continued custody, the adjudication hearing shall be scheduled to be held no later than 60 days after the filing of such petition. (b) At the conclusion of the adjudication hearing, the court shall determine whether such child is a child in need of services. 15-11-442. (a) If the court finds that a child is a child in need of services, a final disposition hearing shall be held and completed within 60 days of the conclusion of the adjudication hearing. (b) The court shall order the least restrictive and most appropriate disposition. Such disposition may include: (1) Permitting such child to remain with his or her caregiver without limitations or conditions; (2) Permitting such child to remain with his or her caregiver subject to such limitations and conditions as the court may prescribe; (3) Placing such child on probation or unsupervised probation on such terms and conditions as deemed in the best interests of such child and the public. An order granting probation to a child in need of services may be revoked on the ground that the terms and conditions of the probation have not been observed; (4) Requiring that such child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; (5) Requiring that such child make restitution. A restitution order may remain in THURSDAY, MARCH 21, 2013 1877 force and effect simultaneously with another order of the court. Payment of funds shall be made by such child or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and such court shall disburse such funds in the manner authorized in the order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to: (A) The juvenile court of the county of such child's residence and its probation staff, if he or she changes his or her place of residence; or (B) A superior court once such child reaches 18 years of age if he or she thereafter comes under the jurisdiction of the superior court; (6) Imposing a fine on such child who has committed an offense which, if committed by an adult, would be a violation under the criminal laws of this state or has violated an ordinance or bylaw of a county, city, town, or consolidated government. Such fine shall not exceed the fine which may be imposed against an adult for the same offense; (7) Requiring such child to attend structured after-school or evening programs or other court approved programs as well as requiring supervision of such child during the time of the day in which he or she most often used to perform the acts complained of in the petition alleging that such child is a child in need of services; (8) Any order authorized for the disposition of a dependent child; (9) Any order authorized for the disposition of a delinquent child except that a child in need of services shall not be placed in a secure residential facility or nonsecure residential facility nor shall such facility accept such child; or (10) Any combination of the dispositions set forth in paragraphs (1) through (9) of this subsection as the court deems to be in the best interests of a child and the public. (c) All disposition orders shall include written findings of the basis for the disposition and such conditions as the court imposes and a specific plan of the services to be provided. 15-11-443. (a) An order of disposition shall be in effect for the shortest time necessary to accomplish the purposes of the order and for not more than two years. A written disposition order shall state the length of time the order is to be in effect. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of DFCS, DJJ, the prosecuting attorney, or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (b) The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished. 1878 JOURNAL OF THE SENATE (c) When a child adjudicated as a child in need of services reaches 18 years of age, all orders affecting him or her then in force shall terminate and he or she shall be discharged from further obligation or control. 15-11-444. (a) An order granting probation to a child adjudicated to be a child in need of services may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to any person authorized to make a petition alleging that a child is in need of services as set forth in Code Section 15-11-420. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) A motion for revocation of probation shall be served upon the child, his or her attorney, and parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-424. (d) If a child in need of services is taken into custody because of the alleged violation of probation, the provisions governing the detention of a child under this article shall apply. (e) A revocation hearing shall be scheduled to be held no later than 30 days after the filing of a motion to revoke probation. (f) If the court finds, beyond a reasonable doubt, that a child in need of services violated the terms and conditions of probation, the court may: (1) Extend his or her probation; (2) Impose additional conditions of probation; or (3) Make any disposition that could have been made at the time probation was imposed. 15-11-445. The court shall review the disposition of a child in need of services at least once within three months after such disposition and at least every six months thereafter so long as the order of disposition is in effect. Part 7 15-11-450. (a) After determining, in accordance with the provisions of Article 7 of this chapter, that a child alleged to be a child in need of services in a petition under this article or who has been alleged to have committed a delinquent act is unrestorably incompetent to proceed and the court orders that procedures for a comprehensive services plan be initiated, the court shall appoint a plan manager, if one has not already been appointed, to direct the development of a comprehensive services plan for such child. (b) The plan manager shall convene all relevant parties to develop a comprehensive services plan. A plan manager shall request that the following persons attend such meeting: THURSDAY, MARCH 21, 2013 1879 (1) The parent, guardian, or legal custodian of such child; (2) Such child's attorney; (3) The person who filed the petition alleging that a child is in need of services or committed a delinquent act; (4) Such child's guardian ad litem, if any; (5) Mental health or developmental disabilities representatives; (6) Such child's caseworker; (7) A representative from such child's school; and (8) Any family member of such child who has shown an interest and involvement in such child's well-being. (c) A plan manager may request that other relevant persons attend a comprehensive services plan meeting, including but not limited to the following: (1) A representative from the Department of Public Health; (2) A DFCS caseworker; (3) Representatives of the public and private resources to be utilized in the plan; and (4) Other persons who have demonstrated an ongoing commitment to the child. (d) A plan manager shall be responsible for collecting all previous histories of such child, including, but not limited to, previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the comprehensive services plan meeting. (e) Unless a time extension is granted by the court, a plan manager shall submit the comprehensive services plan to the court within 30 days of the entry of the court's disposition order for a child adjudicated to be unrestorably incompetent to proceed under Article 7 of this chapter. The plan shall include the following: (1) An outline of the specific provisions for supervision of such child for protection of the community and such child; (2) An outline of a plan designed to provide treatment, habilitation, support, or supervision services for a child in the least restrictive environment; (3) If such child's evaluation recommends inpatient treatment, certification by such plan manager that all other appropriate community based treatment options have been exhausted; and (4) Identification of all parties responsible for each element of the plan, including such child, agency representatives, and other persons. (f) A plan manager shall also be responsible for: (1) Convening a meeting of all parties and representatives of all agencies prior to the comprehensive services plan hearing and review hearings; (2) Identifying to the court any person who should provide testimony at the comprehensive services plan hearing; and (3) Monitoring the comprehensive services plan, presenting to the court amendments to the plan as needed, and presenting evidence to the court for the reapproval of the plan at subsequent review hearings. 1880 JOURNAL OF THE SENATE 15-11-451. (a) The court shall hold a comprehensive services plan hearing within 30 days after the comprehensive services plan has been submitted to the court for the purpose of approving the plan. Thereafter, the court shall hold a comprehensive services plan hearing every six months for the purpose of reviewing such child's condition and approving the comprehensive services plan. (b) The persons required to be notified of a comprehensive services plan hearing and witnesses identified by a plan manager shall be given at least ten days' prior notice of the hearing and any subsequent hearing to review such child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of a child's alleged delinquent act shall also be provided with the same ten days' prior notice and shall be afforded an opportunity to be heard and to present a victim impact form as provided in Code Section 17-10-1.1 to the court at the comprehensive services plan hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of a child adjudicated to be unrestorably incompetent to proceed under Article 7 of this chapter. (c) At the comprehensive services plan hearing, the court shall enter an order incorporating a comprehensive services plan as part of the disposition of the comprehensive services plan hearing. At the time of the disposition, a child shall be placed in an appropriate treatment setting, as recommended by the examiner, unless such child has already been placed in an appropriate treatment setting pursuant to subsection (d) of Code Section 15-11-656. (d) If, during the comprehensive services plan hearing or any subsequent review hearing, the court determines that a child meets criteria for civil commitment, such child may be committed to an appropriate treatment setting. (e) At any time, in the event of a change in circumstances regarding such child, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, the person who filed the petition alleging that a child is in need of services or committed a delinquent act, or the plan manager may set a hearing for review of the comprehensive services plan and any proposed amendments to such plan. The court may issue an appropriate order incorporating an amended plan. (f) If a child is under a comprehensive services plan when he or she reaches the age of 18, the plan manager shall make a referral for appropriate adult services. ARTICLE 6 Part 1 15-11-470. The purpose of this article is: (1) Consistent with the protection of the public interest, to hold a child committing delinquent acts accountable for his or her actions, taking into account such child's age, education, mental and physical condition, background, and all other relevant factors, but to mitigate the adult consequences of criminal behavior; THURSDAY, MARCH 21, 2013 1881 (2) To accord due process of law to each child who is accused of having committed a delinquent act; (3) To provide for a child committing delinquent acts with supervision, care, and rehabilitation which ensure balanced attention to the protection of the community, the imposition of accountability, and the development of competencies to enable such child to become a responsible and productive member of the community; (4) To promote a continuum of services for a child and his or her family from prevention of delinquent acts to aftercare, considering, whenever possible, prevention, diversion, and early intervention, including an emphasis on community based alternatives; (5) To provide effective sanctions to acts of juvenile delinquency; and (6) To strengthen families and to successfully reintegrate delinquent children into homes and communities. 15-11-471. As used in this article, the term: (1) 'AIDS transmitting crime' shall have the same meaning as set forth in Code Section 31-22-9.1. (2) 'Behavioral health evaluation' means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to have committed or adjudicated of a delinquent act so as to provide the juvenile court with information and recommendations relevant to the behavioral health status and mental health treatment needs of such child. (3) 'Community rehabilitation center' means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of delinquent children and children in need of services in a neighborhood and family environment in cooperation with community educational, medical, and social agencies. Such center shall: (A) Be located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and (B) Be operated by a nonprofit corporation organized under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and have a full-time chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chief judge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of juvenile justice; such approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws. (4) 'Determined to be infected with HIV' means having a confirmed positive human immunodeficiency virus (HIV) test or having been clinically diagnosed as having AIDS. 1882 JOURNAL OF THE SENATE (5) 'Graduated sanctions' means: (A) Verbal and written warnings; (B) Increased restrictions and reporting requirements; (C) Community service; (D) Referral to treatment and counseling programs in the community; (E) Weekend programming; (F) Electronic monitoring, as such term is defined in Code Section 42-8-151; (G) Curfew; (H) An intensive supervision program; or (I) A home confinement program. (6) 'Hearing officer' means a DJJ employee or county juvenile probation office employee, as applicable, who has been selected and appointed by DJJ or the county juvenile probation office, as applicable, to hear cases alleging violations of probation for administrative sanctioning. A hearing officer shall not be a probation officer who has direct supervision over the child who is the subject of the hearing. (7) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, and such test has been approved for such purposes by the regulations of the Department of Community Health. (8) 'Intensive supervision' means the monitoring of a child's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the commissioner of juvenile justice. (9) 'Low risk' means the lowest risk to recidivate as calculated by a risk assessment. (10) 'Moderate risk or high risk' means a calculation by a risk assessment that is not low risk. (11) 'Probation management program' means a special condition of probation that includes graduated sanctions. (12) 'Secure probation sanctions program' means confinement in a secure residential facility or nonsecure residential facility for seven, 14, or 30 days. 15-11-472. (a) A detention hearing shall be held promptly and no later than: (1) Two business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody without an arrest warrant; or (2) Five business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody pursuant to an arrest warrant. (b) If an alleged delinquent child is placed in preadjudication custody without an arrest warrant and the detention hearing cannot be held within 48 hours because the expiration of the 48 hours falls on a weekend or legal holiday, the court shall review the detention assessment and the decision to detain such child and make a finding based on probable cause within 48 hours of such child being placed in preadjudication custody. (c) If an alleged delinquent child is released from preadjudication custody at the detention hearing or was never taken into custody, the following time frames shall apply: THURSDAY, MARCH 21, 2013 1883 (1) Any petition alleging delinquency shall be filed within 30 days of the filing of the complaint or within 30 days after such child is released from preadjudication custody. If a complaint was not filed, the complaint shall be filed within the statute of limitations as provided by Chapter 3 of Title 17; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The arraignment hearing shall be scheduled no later than 30 days after the filing of the petition alleging delinquency; (4) The adjudication hearing shall be held no later than 60 days from the filing of the petition alleging delinquency unless a continuance is granted as provided in Code Section 15-11-478; and (5) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (d) If an alleged delinquent child is not released from preadjudication custody at the detention hearing, the following time frames shall apply: (1) The petition alleging delinquency shall be filed within 72 hours of the detention hearing; (2) Summons shall be served at least 72 hours before the adjudication hearing; (3) The adjudication hearing shall be held no later than ten days after the filing of the petition alleging delinquency unless a continuance is granted as provided in Code Section 15-11-478; and (4) The disposition hearing shall be held within 30 days of the adjudication hearing unless the court makes written findings of fact explaining the delay. (e) For purposes of this Code section, preadjudication custody begins when a juvenile court intake officer authorizes the placement of a child in a secure residential facility. (f) A child who is released from detention but subject to conditions of release shall not be considered to be in detention for purposes of calculating time frames set forth in this article or for purposes of calculating time served. 15-11-473. (a) A prosecuting attorney shall conduct delinquency proceedings on behalf of the state. (b) Except as provided in Article 9 of this chapter, in any delinquency proceeding, the prosecuting attorney shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records. It shall be the duty of the clerk, probation and intake officer, probation officers of the juvenile court, and DJJ to assist a prosecuting attorney in obtaining any requested items. 15-11-474. (a) An alleged delinquent child and the state shall be parties at all stages of delinquency proceedings. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall have the right to notice, the right to be present in the courtroom, and the opportunity to be heard 1884 JOURNAL OF THE SENATE at all stages of delinquency proceedings. (c) DJJ shall receive notice of the disposition hearing. 15-11-475. (a) An alleged delinquent child shall have the right to be represented by an attorney at all proceedings under this article. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall not waive his or her child's right to be represented by an attorney. (c) An alleged delinquent child may waive the right to an attorney under limited circumstances as set forth in subsection (b) of Code Section 15-11-511, but if a child's liberty is in jeopardy, he or she shall be represented by an attorney. (d) Upon a motion by an attorney for an alleged delinquent child, together with written permission of such child, a judge shall issue an order providing that such child's attorney shall have access to all dependency, school, hospital, physician, or other health or mental health care records relating for such child. 15-11-476. (a) The court shall appoint a CASA to act as a guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem. (b) The court shall appoint a separate guardian ad litem whenever: (1) An alleged delinquent child appears before the court without his or her parent, guardian, or legal custodian; (2) It appears to the court that a parent, guardian, or legal custodian of an alleged delinquent child is incapable or unwilling to make decisions in the best interests of such child with respect to proceedings under this article such that there may be a conflict of interest between such child and his or her parent, guardian, or legal custodian; or (3) The court finds that it is otherwise in a child's best interests to do so. (c) The role of a guardian ad litem in a delinquency proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter. (d) Neither a child's attorney in a delinquency proceeding nor his or her parent, guardian, or legal custodian shall prohibit or impede access to such child by the guardian ad litem. 15-11-477. (a) At any time prior to the issuance of a final dispositional order, the court may order a behavioral health evaluation of a child alleged to be or adjudicated as a delinquent child which may be conducted by DBHDD or a private psychologist or psychiatrist. (b) The court shall order and give consideration to the results of a child's behavioral health evaluation before ordering a child adjudicated for a class A designated felony act or class B designated felony act placed in restrictive custody; provided, however, that such order shall not be required if the court has considered the results of a prior THURSDAY, MARCH 21, 2013 1885 behavioral health evaluation of such child that had been completed in the preceding six months. (c) Statements made by a child during a behavioral health evaluation shall only be admissible into evidence as provided in Code Section 15-11-479. 15-11-478. A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on the motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record. 15-11-479. Voluntary statements made in the course of intake screening of a child alleged to be or adjudicated as a delinquent child or in the course of his or her treatment, any evaluation, or any other related services shall be inadmissible in any adjudication hearing in which such child is the accused and shall not be considered by the court except such statement shall be admissible as rebuttal or impeachment evidence. 15-11-480. (a) When a child enters a denial to a petition alleging his or her delinquency, jeopardy attaches when the first witness is sworn at the adjudication hearing. (b) When a child enters an admission to a petition alleging his or her delinquency, jeopardy attaches when the court accepts the admission. 15-11-481. (a) The victim of a child's alleged delinquent act shall be entitled to the same rights, notices, and benefits as the victim of a crime committed by an adult as set forth in Chapters 14, 15, 15A, and 17 of Title 17. The rights, notices, and benefits to a victim set forth in this article shall not be construed to deny or diminish the rights, notices, and benefits set forth in Chapters 14, 15, 15A, and 17 of Title 17. (b) In any delinquency proceeding in which a petition has been filed, the prosecuting attorney shall notify any victim of a child's alleged delinquent act that the victim may submit a victim impact form as provided in Code Section 17-10-1.1. (c) The provisions of subsection (e) of Code Section 17-10-1.1 shall apply to the use and disclosure of the victim impact form. (d) Prior to the imposition of a dispositional order for a child adjudicated for a delinquent act, the juvenile court shall permit the victim, the family of the victim, or other witness with personal knowledge of the delinquent act to testify about the impact of the delinquent act on the victim, the victim's family, or the community. Except as provided in subsection (f) of this Code section, such evidence shall be given in the presence of the child adjudicated for a delinquent act and shall be subject to crossexamination. (e) The admissibility of the evidence described in subsection (d) of this Code section 1886 JOURNAL OF THE SENATE shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to unduly prejudice the child adjudicated for a delinquent act. If the judge excludes evidence, the state shall be allowed to make an offer of proof. (f) Upon a finding by the court specific to the case and the witness that the witness would not be able to testify in person without showing undue emotion or that testifying in person will cause the witness severe physical or emotional distress or trauma, evidence presented pursuant to subsection (b) of this Code section may be in the form of, but not limited to, a written statement or a prerecorded audio or video statement, provided that such witness is subject to cross-examination. Photographs of the victim may be included with any evidence presented pursuant to subsection (b) of this Code section. (g) In presenting such evidence, the victim, the family of the victim, or other witness having personal knowledge of the impact of the delinquent act on the victim, the victim's family, or the community shall, if applicable: (1) Describe the nature of the delinquent act; (2) Itemize any economic loss suffered by the victim or the family of the victim, if restitution is sought; (3) Identify any physical injury suffered by the victim as a result of the delinquent act along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the delinquent act; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the delinquent act; and (6) Include any other information related to the impact of the delinquent act upon the victim, the victim's family, or the community that the court inquires of. (h) The court shall allow the child adjudicated for a delinquent act the opportunity to cross-examine and rebut the evidence presented of the victim's personal characteristics and the emotional impact of the delinquent act on the victim, the victim's family, or the community, and such cross-examination and rebuttal evidence shall be subject to the same discretion set forth in subsection (d) of this Code section. (i) No disposition of a child adjudicated as delinquent shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of the victim, the state, or such child; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission. Part 2 15-11-490. (a) A proceeding under this article may be commenced: (1) In the county in which an allegedly delinquent child legally resides; or THURSDAY, MARCH 21, 2013 1887 (2) In any county in which the alleged delinquent acts occurred. (b) If the adjudicating court finds that a nonresident child has committed a delinquent act, the adjudicating court may retain jurisdiction over the disposition of a nonresident child or may transfer the proceeding to the county of such child's residence for disposition. Like transfer may be made if the residence of such child changes pending the proceeding. (c) If the adjudicating court retains jurisdiction, prior to making any order for disposition of a nonresident child, the adjudicating court shall communicate to the court of the county of such child's residence the fact that such child has been adjudicated to have committed a delinquent act. Such communication shall state the date upon which the adjudicating court plans to enter an order for disposition of such nonresident child and shall request any information or recommendations relevant to the disposition of such nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition. (d) When any case is transferred, certified copies of all documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer order. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court. Part 3 15-11-500. If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of an alleged delinquent child are endangering such child's health or welfare or those of others or that such child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take such child into immediate custody and bring him or her forthwith before the court. 15-11-501. (a) An alleged delinquent child may be taken into custody: (1) Pursuant to an order of the court under this article, including an order to a DJJ employee to apprehend: (A) When he or she has escaped from an institution or facility operated by DJJ; or (B) When he or she has been placed under supervision and has violated its conditions; (2) Pursuant to the laws of arrest; or (3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that a child has committed a delinquent act. (b) A law enforcement officer taking a child into custody shall promptly give notice together with a statement of the reasons for taking such child into custody to his or her parent, guardian, or legal custodian and to the court. 1888 JOURNAL OF THE SENATE (c) When a child who is taken into custody has committed an act which would constitute a felony if committed by an adult, the juvenile court, within 48 hours after it learns of such child having been taken into custody, shall notify the prosecuting attorney of the judicial circuit in which the juvenile proceedings are to be instituted. 15-11-502. (a) A person taking an alleged delinquent child into custody, with all reasonable speed and without first taking such child elsewhere, shall: (1) Immediately release such child, without bond, to his or her parent, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court; (2) Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking such child into custody, the juvenile court intake officer shall determine if such child can be administered a detention assessment and if so, shall conduct such assessment and determine if such child should be released, remain in protective custody, or be brought before the court; or (3) Bring such child immediately before the juvenile court or promptly contact a juvenile court intake officer. The court or juvenile court intake officer shall determine if such child should be released or detained. All determinations and court orders regarding detention shall comply with the requirements of this article and shall be based on an individual detention assessment of such child and his or her circumstances. (b) Notwithstanding subsection (a) of this Code section, a law enforcement officer may detain an alleged delinquent child for a reasonable period of time sufficient to conduct interrogations and perform routine law enforcement procedures including but not limited to fingerprinting, photographing, and the preparation of any necessary records. (c) Prior to a detention hearing, an alleged delinquent child shall be placed in detention, if necessary, only in such places as are authorized by Code Section 15-11504. 15-11-503. (a) Restraints on the freedom of an alleged delinquent child prior to adjudication shall be imposed only when there is probable cause to believe that such child committed the act of which he or she is accused, that there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and that: (1) Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period; (2) Such child has a demonstrated pattern of theft or destruction of property such that detention is required to protect the property of others; THURSDAY, MARCH 21, 2013 1889 (3) Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court; or (4) An order for such child's detention has been made by the court. (b) All children who are detained shall be informed of their right to bail as provided by Code Section 15-11-507. (c) An alleged delinquent child shall not be detained: (1) To punish, treat, or rehabilitate him or her; (2) To allow his or her parent, guardian, or legal custodian to avoid his or her legal responsibilities; (3) To satisfy demands by a victim, law enforcement, or the community; (4) To permit more convenient administrative access to him or her; (5) To facilitate further interrogation or investigation; or (6) Due to a lack of a more appropriate facility. (d) Whenever an alleged delinquent child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of such child shall be favored over more intrusive alternatives. (e) Whenever the curtailment of the freedom of an alleged delinquent child is permitted, the exercise of authority shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of such child and his or her family; (2) Protection of the psychological and physical health of such child; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of such child; (6) Avoidance of stigmatization of such child; and (7) Assurance that such child has been informed of his or her right to consult with an attorney and that, if such child is an indigent person, an attorney will be provided. (f) Before entering an order authorizing detention, the court shall determine whether a child's continuation in his or her home is contrary to his or her welfare and whether there are available services that would prevent or eliminate the need for detention. The court shall make that determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision. (g) If an alleged delinquent child can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided. 15-11-504. (a) An alleged delinquent child may be detained only in: (1) A licensed foster home; (2) A home approved by the court which may be a public or private home; (3) The home of such child's noncustodial parent or of a relative; (4) A facility operated by a licensed child welfare agency; or 1890 JOURNAL OF THE SENATE (5) A secure residential facility or nonsecure residential facility. (b) Placement shall be made in the least restrictive facility available consistent with the best interests of the child. (c) A child 15 years of age or older and alleged to be a delinquent child may be held in a jail or other facility for the detention of adults for identification or processing procedures or while awaiting transportation only so long as necessary to complete such activities for up to six hours, or for up to 24 hours if the closest secure residential facility is more than 70 miles from such facility, if all of the following apply: (1) Such child is detained for the commission of a crime that would constitute a class A designated felony act, class B designated felony act, or a serious violent felony as defined in Code Section 17-10-6.1; (2) Such child is awaiting a detention hearing; (3) Such child's detention hearing is scheduled within 24 hours after being taken into custody, excluding weekends and legal holidays; (4) There is no existing acceptable alternative placement for such child; and (5) The jail or other facility for the detention of adults provides sight and sound separation for children, including: (A) Total separation between children and adult facility spatial areas such that there is no verbal, visual, or physical contact and there could be no haphazard or accidental contact between child and adult residents in the respective facilities; (B) Total separation in all program activities for children and adults within the facilities, including recreation, education, counseling, health care, dining, sleeping, and general living activities; (C) Continuous visual supervision of a child; and (D) Separate staff for children and adults, specifically direct care staff such as recreation, education, and counseling, although specialized services staff, such as cooks, bookkeepers, and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of children and adults, can serve both. (d) A child shall not be transported with adults who have been charged with or convicted of a crime. DJJ may transport a child with children who have been charged with or convicted of a crime in superior court. (e) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall inform the court or the juvenile court intake officer immediately when a child who appears to be under the age of 17 years is received at such facility and shall deliver such child to the court upon request or transfer such child to the facility designated by the juvenile court intake officer or the court. (f) All facilities shall maintain data on each child detained and such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by DJJ, by the Governor's Office for Children and Families, and by the Council of Juvenile Court Judges. The required data are each detained child's: THURSDAY, MARCH 21, 2013 1891 (1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense or offenses for which such child is being detained; (6) Date of and authority for confinement; (7) Location of the offense and the name of the school if the offense occurred in a school safety zone, as defined in Code Section 16-11-127.1; (8) The name of the referral source, including the name of the school if the referring source was a school; (9) The score on the detention assessment; (10) The basis for detention if such child's detention assessment score does not in and of itself mandate detention; (11) The reason for detention, which may include, but shall not be limited to, preadjudication detention, detention while awaiting a postdisposition placement, or serving a short-term program disposition; (12) Date of and authority for release or transfer; and (13) Transfer or to whom released. 15-11-505. If an alleged delinquent child is brought before the court or delivered to a secure residential facility or nonsecure residential facility or foster care facility designated by the court, the juvenile court intake officer shall immediately administer a detention assessment and determine if such child should be detained and release such child unless it appears that his or her detention is warranted. 15-11-506. (a) A detention hearing shall be held to determine whether preadjudication custody of an alleged delinquent child is required. If such hearing is not held within the time specified, such child shall be released from detention or foster care. (b) If an alleged delinquent child is detained and is not released from preadjudication custody, a detention hearing shall be held promptly and not later than: (1) Two business days after such child is placed in preadjudication custody if such child is taken into custody without an arrest warrant; or (2) Five business days after such child is placed in preadjudication custody if such child is taken into custody pursuant to an arrest warrant. (c) If the detention hearing cannot be held within two business days in accordance with paragraph (1) of subsection (b) of this Code section because the date for the hearing falls on a weekend or legal holiday, the court shall review the decision to detain such child and make a finding based on probable cause within 48 hours of such child being placed in preadjudication custody. (d) Reasonable oral or written notice of the detention hearing, stating the time, place, and purpose of the hearing, shall be given to an alleged delinquent child and to his or 1892 JOURNAL OF THE SENATE her parent, guardian, or legal custodian, if he or she can be found. In the event such child's parent, guardian, or legal custodian cannot be found, the court shall forthwith appoint a guardian ad litem for such child. (e) If an alleged delinquent child is not released from preadjudication custody and his or her parent, guardian, or legal custodian or guardian ad litem, if any, has not been notified of the hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order such child's release unless it appears from such hearing that such child's detention or foster care is warranted or required. (f) At the commencement of the detention hearing, the court shall inform an alleged delinquent child of: (1) The contents of the complaint or petition; (2) The nature of the proceedings; (3) The right to make an application for bail, as provided by Code Section 15-11-507 and Title 17; (4) The possible consequences or dispositions that may apply to such child's case following adjudication; and (5) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (g) If an alleged delinquent child can be returned to the custody of his or her parent, guardian, or legal custodian through the provision of services to eliminate the need for removal, the court shall release such child to the physical custody of his or her parent, guardian, or legal custodian and order that those services shall be provided. (h) If an alleged delinquent child cannot be returned to the custody of his or her parent, guardian, or legal custodian, a probation officer shall provide referrals for services as soon as possible to enable such child's parent, guardian, or legal custodian to obtain any assistance that may be needed to effectively provide the care and control necessary for such child to return home. (i) For purposes of this Code section, preadjudication custody begins when a juvenile court intake officer authorizes the placement of a child in a secure residential facility. 15-11-507. (a) All children alleged to have committed a delinquent act shall have the same right to bail as adults. (b) The judge shall admit to bail all children in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes, with the exception that applying for bail, holding a hearing on the application, and granting bail for children alleged to have committed a delinquent act may only THURSDAY, MARCH 21, 2013 1893 occur: (1) At intake in accordance with Code Section 15-11-503; or (2) At the detention hearing in accordance with Code Section 15-11-506. (c) A court shall be authorized to release an alleged delinquent child on bail if the court finds that such child: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (d) If a child is accused of committing an act that would be a serious violent felony, as defined in Code Section 17-10-6.1, if committed by an adult and such child has previously been adjudicated for a delinquent act for committing an act that would be a serious violent felony if committed by an adult, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of such child as required or assure the safety of any other person or the community. (e) Any person having legal custody or an adult blood relative or stepparent of an alleged delinquent child shall be entitled to post bail but shall be required immediately to return such child to the individual or entity having legal custody of such child. (f) For the purposes of this Code section, the term 'bail' shall include the releasing of a child on his or her own recognizance. 15-11-508. (a) As used in this Code section, the term: (1) 'Notice' shall have the same meaning as set forth in Code Section 17-17-3. (2) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3. (3) 'Violent delinquent act' means to commit, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute: (A) A serious violent felony as defined by Code Section 17-10-6.1; (B) A class A designated felony act or class B designated felony act; (C) Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title 16; or (D) Any attempt to commit, conspiracy to commit, or solicitation of another to commit an offense enumerated in subparagraphs (A) through (C) of this paragraph. (b) If a child accused of a violent delinquent act is detained pending adjudication, a juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention. (c) Not less than 48 hours prior to a child who has been adjudicated to have committed a violent delinquent act being released from detention or transferred to a nonsecure 1894 JOURNAL OF THE SENATE residential facility, a juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release or transfer. (d) Victim notification need not be given unless a victim has expressed a desire for such notification and has provided a juvenile court intake officer with a current address and telephone number. It shall be the duty of a juvenile court intake officer to advise the victim of his or her right to notification and of the requirement of the victim to provide a primary and personal telephone number to which such notification shall be directed. Part 4 15-11-510. (a) If an alleged delinquent child has not been detained after the filing of a complaint, he or she shall be promptly referred to intake or given a date for arraignment. (b) At intake, the court, the juvenile court intake officer, or other officer designated by the court shall inform a child of: (1) The contents of the complaint; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (c) A juvenile court intake officer may elect to pursue a case through informal adjustment or other nonadjudicatory procedure in accordance with the provisions of Code Section 15-11-515. (d) If a case is to be prosecuted further and handled other than by informal adjustment or other nonadjudicatory procedure, a referral shall be made to the prosecuting attorney and a petition for delinquency shall be filed within 30 days of the filing of a complaint. 15-11-511. (a) At arraignment, the court shall inform a child of: (1) The contents of the petition alleging delinquency; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child's case following adjudication; and (4) His or her due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront THURSDAY, MARCH 21, 2013 1895 anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose. (b) The court may accept an admission at arraignment and may proceed immediately to disposition if a child is represented by counsel at arraignment or if a child's liberty is not in jeopardy, he or she may waive the right to counsel at arraignment. A child represented by counsel or whose liberty is not in jeopardy may make a preliminary statement indicating whether he or she plans to admit or deny the allegations of the complaint at the adjudication hearing, but the court shall not accept an admission from a child whose liberty is in jeopardy and who is unrepresented by counsel. (c) The court shall appoint an attorney to represent an alleged delinquent child whose liberty is in jeopardy and who is an indigent person. Part 5 15-11-515. (a) Before a petition for informal adjustment is filed, a probation officer or other officer designated by the court, subject to the court's direction, may inform the parties of informal adjustment if it appears that: (1) The admitted facts bring the case within the jurisdiction of the court; (2) Counsel and advice without an adjudication would be in the best interests of the public and a child, taking into account at least the following factors: (A) The nature of the alleged offense; (B) The age and individual circumstances of such child; (C) Such child's prior record, if any; (D) Recommendations for informal adjustment made by the complainant or the victim; and (E) Services to meet such child's needs and problems may be unavailable within the formal court system or may be provided more effectively by alternative community programs; and (3) A child and his or her parent, guardian, or legal custodian consent with knowledge that consent is not obligatory. (b) The giving of counsel and advice shall not extend beyond three months unless extended by the court for an additional period not to exceed three months and shall not authorize the detention of a child if not otherwise permitted by this article. (c) An incriminating statement made by a participant in an informal adjustment to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding upon conviction for the purpose of a presentence investigation. (d) If a child is alleged to have committed a class A designated felony act or class B designated felony act, the case shall not be subject to informal adjustment, counsel, or 1896 JOURNAL OF THE SENATE advice without the prior consent of the district attorney or his or her authorized representative. Part 6 15-11-520. A petition alleging delinquency shall be filed by an attorney as set forth in Code Section 15-18-6.1. 15-11-521. (a) If a child is in detention prior to adjudication, a petition alleging delinquency shall be filed not later than 72 hours after the detention hearing. If no petition alleging delinquency is filed within the applicable time, such child shall be released from detention and the complaint shall be dismissed without prejudice. Such petition may be refiled as provided in subsection (b) of this Code section within the statute of limitations. (b) If a child is not in detention prior to adjudication, a petition alleging delinquency shall be filed within 30 days of the filing of the complaint alleging violation of a criminal law or within 30 days of such child's release pursuant to a determination that detention is not warranted. Upon a showing of good cause and notice to all parties, the court may grant an extension of time for filing a petition alleging delinquency. The court shall issue a written order reciting the facts justifying any extension. 15-11-522. A petition alleging delinquency shall be verified and may be on information and belief. It shall set forth plainly and with particularity: (1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and the public that the proceeding be brought and that such child is in need of supervision, treatment, or rehabilitation, as the case may be; (2) The name, age, and residence address of such child on whose behalf such petition is brought; (3) The name and residence address of such child's parent, guardian, or legal custodian; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within this state or if such place of residence address is unknown, the name of any of such child's known adult relative residing within the county or, if there is none, such child's known adult relative residing nearest to the location of the court; (4) If a child is in custody, the place of his or her detention and the time such child was taken into custody; (5) If a child is being charged with a class A designated felony act or class B designated felony act; and (6) Whether any of the information required by this Code section is unknown. THURSDAY, MARCH 21, 2013 1897 15-11-523. (a) A prosecuting attorney may amend a petition alleging delinquency at any time prior to the commencement of the adjudication hearing. However, if an amendment is made, a child may request a continuance of his or her adjudication hearing. A continuance may be granted by the court for such period as required in the interest of justice. (b) When a petition alleging delinquency is amended to include material changes to the allegations or new charges of delinquency for adjudication, the petition shall be served in accordance with Code Sections 15-11-530 and 15-11-531. (c) After jeopardy attaches, a petition alleging delinquency shall not be amended to include new charges of delinquency. Part 7 15-11-530. (a) The court shall direct the issuance of a summons to a child and his or her parent, guardian, or legal custodian requiring them to appear before the court at the time fixed to answer the allegations of a petition alleging delinquency. A copy of the petition shall accompany the summons. (b) The summons shall state that a party shall be entitled to have an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person. 15-11-531. (a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 24 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least five days before the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested. (c) If an individual to be served is outside this state but his or her address is known or can be ascertained with due diligence, notice of the summons shall be made at least five days before the adjudication hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested. (d) Service of the summons may be made by any suitable person under the direction of the court. (e) The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing. 15-11-532. (a) In the event a child's parent, guardian, or legal custodian willfully fails to appear personally at a hearing on a petition alleging delinquency after being ordered to so 1898 JOURNAL OF THE SENATE appear or a child's parent, guardian, or legal custodian willfully fails to bring such child to a hearing after being so directed, the court may issue a rule nisi against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a parent, guardian, or legal custodian of the alleged delinquent child fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. (c) If a child 16 years of age or older fails to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section 15-11-31. (d) If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing on a petition alleging delinquency after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section 15-11-31. Part 8 15-11-540. A delinquency petition shall be dismissed by the court upon the motion of the prosecuting attorney setting forth that there is not sufficient evidence to warrant further proceedings. 15-11-541. (a) Except as limited by subsection (d) of Code Section 15-11-542, in all cases in which a child is charged with having committed a delinquent act, such child shall, upon filing a motion for discovery with the court and serving a copy of the motion to the prosecuting attorney, have full access to the following for inspection, copying, or photographing: (1) A copy of the complaint; (2) A copy of the petition for delinquency; (3) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the charge; (4) A copy of any written statement made by such child or any witness that relates to the testimony of a person whom the prosecuting attorney intends to call as a witness; (5) A copy of any written statement made by any alleged coparticipant which the prosecuting attorney intends to use at a hearing; (6) Transcriptions, recordings, and summaries of any oral statement of such child or of any witness, except attorney work product; (7) Any scientific or other report which is intended to be introduced at the hearing or THURSDAY, MARCH 21, 2013 1899 that pertains to physical evidence which is intended to be introduced; (8) Photographs and any physical evidence which are intended to be introduced at the hearing; and (9) Copies of the police incident report and supplemental report, if any, regarding the occurrence which forms the basis of the charge. (b) The prosecuting attorney shall disclose all evidence, known or that may become known to him or her, favorable to such child and material either to guilt or punishment. (c) If a child requests disclosure of information pursuant to subsection (a) of this Code section, it shall be the duty of such child to promptly make the following available for inspection, copying, or photographing to the prosecuting attorney: (1) The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the defense; (2) Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced; (3) Photographs and any physical evidence which he or she intends to introduce at the hearing; and (4) A copy of any written statement made by any witness that relates to the testimony of a person whom the child intends to call as a witness. (d) A request for discovery or reciprocal discovery shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to the adjudication hearing, the discovery response shall be produced in a timely manner. (e) Any material or information furnished to a child pursuant to a discovery request shall remain in the exclusive custody of such child and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide. 15-11-542. (a) If a request for discovery is refused, application may be made to the court for a written order granting discovery. (b) Motions to compel discovery shall certify that a request for discovery was made and was refused. (c) An order granting discovery shall require reciprocal discovery. (d) The court may deny, in whole or in part, or otherwise limit or set conditions concerning discovery upon sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would: (1) Jeopardize the safety of a party, witness, or confidential informant; (2) Create a substantial threat of physical or economic harm to a witness or other person; (3) Endanger the existence of physical evidence; (4) Disclose privileged information; or (5) Impede the criminal prosecution of a child who is being prosecuted as an adult or 1900 JOURNAL OF THE SENATE the prosecution of an adult charged with an offense arising from the same transaction or occurrence. 15-11-543. (a) Upon written request by a prosecuting attorney stating the time, date, and place at which the alleged delinquent act was committed, a child shall serve upon the prosecuting attorney a written notice of his or her intention to offer a defense of alibi. (b) A notice to offer an alibi defense shall state the specific place or places at which a child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom such child intends to rely to establish his or her alibi, unless previously supplied. (c) A request for alibi evidence shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudication hearing, the alibi evidence shall be produced in a timely manner. (d) If a child withdraws his or her notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense shall not be admissible; provided, however, that a prosecuting attorney may offer any other evidence regarding alibi. (e) A prosecuting attorney shall serve upon a child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut such child's evidence of alibi, unless previously supplied. 15-11-544. If, subsequent to providing a discovery response, the existence of additional evidence is found, it shall be promptly provided to the state or child making the discovery request. 15-11-545. Nothing contained in the provisions governing discovery procedure under this part shall prohibit the court from ordering the disclosure of any information that the court deems necessary and appropriate for proper adjudication. 15-11-546. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with a discovery request, the court may order the person or entity to permit the discovery or inspection of evidence, grant a continuance, or upon a showing of prejudice and bad faith, prohibit the party from introducing in evidence the information not disclosed or presenting the witness not disclosed, or enter such other order as the court deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just. THURSDAY, MARCH 21, 2013 1901 Part 9 15-11-560. (a) Except as provided in subsection (b) of this Code section, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which an adult may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. (b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses: (1) Murder; (2) Voluntary manslaughter; (3) Rape; (4) Aggravated sodomy; (5) Aggravated child molestation; (6) Aggravated sexual battery; or (7) Armed robbery if committed with a firearm. (c) The granting of bail or pretrial release of a child charged with an offense enumerated in subsection (b) of this Code section shall be governed by the provisions of Code Section 17-6-1. (d) At any time before indictment, the district attorney may, after investigation and for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subsection (b) of this Code section. Upon declining such prosecution in the superior court, the district attorney shall cause a petition to be filed in the appropriate juvenile court for adjudication within 72 hours if the child is in detention or 30 days if the child is not in detention. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the district attorney to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 1511-602. (e) After indictment, the superior court may after investigation and for extraordinary cause transfer to the juvenile court any case involving a child 13 to 17 years of age alleged to have committed voluntary manslaughter, aggravated sodomy, aggravated child molestation, or aggravated sexual battery. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the superior court to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court 1902 JOURNAL OF THE SENATE to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 15-11-602. (f) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subsection (b) of this Code section and convicted of a lesser included offense not included in subsection (b) of this Code section to the juvenile court of the county of such child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (g) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has original jurisdiction as provided in subsection (b) of this Code section or adjudicated as a delinquent child on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. The local school system to which such child is assigned may request further information from the court's file. 15-11-561. (a) After a petition alleging delinquency has been filed but before the adjudication hearing, on its own motion or on a motion by a prosecuting attorney, the court may convene a hearing to determine whether to transfer the offense to the appropriate superior court for criminal trial if the court determines that: (1) There is probable cause to believe that a child committed the alleged offense; (2) Such child is not committable to an institution for the developmentally disabled or mentally ill; and (3) The petition alleges that such child: (A) Was at least 15 years of age at the time of the commission of the offense and committed an act which would be a felony if committed by an adult; or (B) Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to a victim. (b) At least three days prior to the scheduled transfer hearing, written notice shall be given to a child and his or her parent, guardian, or legal custodian. The notice shall contain a statement that the purpose of the hearing is to determine whether such child is to be tried in the juvenile court or transferred for trial as an adult in superior court. A child may request and the court shall grant a continuance to prepare for the transfer hearing. (c) After consideration of a probation report, risk assessment, and any other evidence the court deems relevant, including any evidence offered by a child, the court may determine that because of the seriousness of the offense or such child's prior record, the welfare of the community requires that criminal proceedings against such child be THURSDAY, MARCH 21, 2013 1903 instituted. (d) No child, either before or after reaching 17 years of age, shall be prosecuted in superior court for an offense committed before the child turned 17, unless the case has been transferred as provided in this part. In addition, no child shall be subject to criminal prosecution at any time for an offense arising out of a criminal transaction for which the juvenile court retained jurisdiction in its transfer order. 15-11-562. (a) The criteria which the court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (b) of Code Section 15-11-560 to superior court includes, but shall not be limited to: (1) The age of such child; (2) The seriousness of the alleged offense, especially if personal injury resulted; (3) Whether the protection of the community requires transfer of jurisdiction; (4) Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner; (5) The culpability of such child including such child's level of planning and participation in the alleged offense; (6) Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that such child may be beyond rehabilitation in the juvenile justice system; (7) The record and history of such child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements; (8) The sophistication and maturity of such child as determined by consideration of his or her home and environmental situation, emotional condition, and pattern of living; (9) The program and facilities available to the juvenile court in considering disposition; and (10) Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court. (b) A probation officer shall prepare a written report developing fully all available information relevant to the transfer criteria. A probation officer shall submit such report to the parties and the court as soon as practicable but not later than 24 hours before the scheduled hearing. The child subject to transfer and the prosecuting attorney shall have the right to review such report and cross-examine the individual making such report. (c) The court may order a transfer evaluation of a child's clinical status as it may impact the criteria in subsection (a) of this Code section. Statements made by a child in a transfer evaluation shall only be admissible into evidence in an adjudication hearing or in a criminal proceeding as provided by Code Sections 15-11-479 and 15-11-563. 15-11-563. Statements made by a child at a transfer hearing shall not be admissible against such 1904 JOURNAL OF THE SENATE child over objection in a criminal proceedings if transfer is ordered except as impeachment or rebuttal evidence. 15-11-564. (a) The decision of the court regarding transfer of the case shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals. (b) The pendency of an interlocutory appeal shall stay criminal proceedings in superior court. A child transferred for trial as an adult in superior court shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section 15-11-504. 15-11-565. (a) Prior to the entry of a judgment ordering a child's transfer or during the pendency of an appeal of a judgment ordering a child's transfer, such child shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section 15-11-504. (b) After the entry of a judgment ordering transfer, a child shall be detained only in those places authorized for the detention of a child until such child, as set forth in Code Section 15-11-34, reaches 17 years of age. 15-11-566. (a) If the court decides to transfer a child for trial in superior court, it shall dismiss the juvenile court petition alleging delinquency, set forth the offense or offenses which are being transferred, and make the following findings of fact in its dismissal order: (1) That the court had jurisdiction of the cause and the parties; (2) That the child subject to transfer was represented by an attorney; and (3) That the hearing was held in the presence of the child subject to transfer and his or her attorney. (b) The dismissal order shall also recount the reasons underlying the decision to transfer jurisdiction. (c) A dismissal of the petition alleging delinquency terminates the jurisdiction of the juvenile court over such child as to those offenses which are transferred. If the petition alleging delinquency alleges multiple offenses that constitute a single criminal transaction, the court shall either retain or transfer all offenses relating to a single criminal transaction. (d) Once juvenile court jurisdiction is terminated, the superior court shall retain jurisdiction even though, thereafter, a child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over such child. (e) A copy of the petition alleging delinquency and order of dismissal shall be sent to the district attorney of the judicial circuit in which the proceeding is taking place. (f) If the court decides not to transfer a child for trial in superior court, it shall set a date for an adjudication hearing in juvenile court on the petition alleging delinquency. THURSDAY, MARCH 21, 2013 1905 15-11-567. (a) Except in those cases in which the superior court has exclusive original jurisdiction or juvenile court jurisdiction has been terminated and the child has been transferred to superior court, if it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the accused is a child, the case shall forthwith be transferred to the juvenile court together with a copy of the indictment, special presentment, accusation, or citation and all other papers, documents, and transcripts of testimony relating to the case. (b) The transferring court shall order that a child be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, legal custodian, or other person legally responsible for him or her to be brought before the juvenile court at a time designated by that court. The indictment, special presentment, accusation, or citation may not serve in lieu of a petition alleging delinquency in the juvenile court except as provided in Part 14 of this article. Part 10 15-11-580. (a) At the commencement of the adjudication hearing, the court shall address the alleged delinquent child, in language understandable to the child, and determine whether such child is capable of understanding statements about his or her rights under this article. (b) If a child is capable, the court shall inquire how he or she responds to the allegations of the delinquency petition. The child may: (1) Deny the allegations of such petition, in which case the court shall proceed to hear evidence on such petition; or (2) Admit the allegations of such petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudge such child to have committed a delinquent act. (c) If a child stands mute, refuses to answer, or answers evasively, the court shall enter a denial of the allegations. 15-11-581. The state shall have the burden of proving the allegations of a delinquency petition beyond a reasonable doubt. 15-11-582. (a) The court shall fix a time for the adjudication hearing. If an alleged delinquent child is in detention, the hearing shall be scheduled to be held no later than ten days after the filing of the delinquency petition. If a child is not in detention, the hearing shall be scheduled to be held no later than 60 days after the filing of such petition. (b) Adjudication hearings shall be conducted: (1) By the court without a jury; 1906 JOURNAL OF THE SENATE (2) In accordance with Article 5 and Part 1 of Article 6 of Chapter 7 and Chapter 8 of Title 17, unless otherwise provided in this article; (3) In accordance with the rules of evidence set forth in Title 24; and (4) In language understandable to the child subject to the delinquency petition and participants, to the fullest extent practicable. (c) The court shall determine if the allegations of the petition alleging delinquency are admitted or denied in accordance with the provisions of Code Section 15-11-580. (d) After hearing all of the evidence, the court shall make and record its findings on whether the delinquent acts ascribed to a child were committed by such child. If the court finds that the allegations of delinquency have not been established, it shall dismiss the delinquency petition and order such child be released from any detention or legal custody imposed in connection with the proceedings. (e) The court shall make a finding that a child has committed a delinquent act based on a valid admission made in open court of the allegations of the delinquency petition or on the basis of proof beyond a reasonable doubt. If the court finds that a child has committed a delinquent act, the court may proceed immediately or at a postponed hearing to make disposition of the case. Part 11 15-11-590. (a) After an adjudication that a child has committed a delinquent act, the court may direct that a written predisposition investigation report be prepared by the probation officer or other person designated by the court. (b) A predisposition investigation report shall contain such information about the characteristics, family, environment, and the circumstances affecting the child who is the subject of the report as the court determines may be helpful in its determination of the need for treatment or rehabilitation and a proper disposition of the case, including but not limited to: (1) A summary of the facts of the conduct of such child that led to the adjudication; (2) The sophistication and maturity of such child; (3) A summary of such child's home environment, family relationships, and background; (4) A summary of such child's prior contacts with the juvenile court and law enforcement agencies, including the disposition following each contact and the reasons therefor; (5) A summary of such child's educational status, including, but not limited to, his or her strengths, abilities, and special educational needs. The report shall identify appropriate educational and vocational goals for such child. Examples of appropriate goals include: (A) Attainment of a high school diploma or its equivalent; (B) Successful completion of literacy courses; (C) Successful completion of vocational courses; THURSDAY, MARCH 21, 2013 1907 (D) Successful attendance and completion of such child's current grade if enrolled in school; or (E) Enrollment in an apprenticeship or a similar program; (6) A summary of the results and recommendations of any of such child's significant physical and mental examinations; (7) The seriousness of the offense to the community; (8) The nature of the offense; and (9) Whether the offense was against persons or against property. (c) If the court has ordered a child's physical or mental examination to be conducted, the report shall include a copy of the results of the examination. (d) If the court has ordered a risk assessment for a child, that assessment shall be included in the predisposition investigation report. (e) All information shall be presented in a concise and factual manner. The report shall indicate the sources of information in the report. (f) The original report and any other material to be disclosed shall be furnished to the court, and copies shall be furnished to the attorney for the child who is the subject of such report and to the prosecuting attorney at least five days prior to the disposition hearing. Part 12 15-11-600. (a) After a finding that a child has committed a delinquent act, the court shall hear evidence on whether such child is in need of treatment, rehabilitation, or supervision and shall make and file its findings. (b) The court may proceed immediately to the disposition hearing after the adjudication hearing or conduct the disposition hearing within 30 days of the adjudication hearing. The disposition hearing may occur later than 30 days after the adjudication hearing only if the court makes and files written findings of fact explaining the need for delay. (c) In the absence of evidence to the contrary, evidence sufficient to warrant a finding that felony acts have been committed shall also be sufficient to sustain a finding that the child is in need of treatment or rehabilitation. (d) If the court finds that a child who committed a delinquent act is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge such child from any detention or other restriction previously ordered. (e) If the court finds that a child who committed a delinquent act is in need of supervision but not of treatment or rehabilitation, it shall find that such child is a child in need of services and enter any disposition authorized by Code Section 15-11-442. (f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child who committed a delinquent act and the most appropriate disposition. (g)(1) Prior to the disposition hearing, and upon request, the parties and their 1908 JOURNAL OF THE SENATE attorneys shall be afforded an opportunity to examine any written reports received by the court. (2) Portions of written reports not relied on by the court in reaching its decision which if revealed would be prejudicial to the interests of any party to the proceeding, or reveal confidential sources, may be withheld in the court's discretion. (3) Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports. (h) In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home. 15-11-601. (a) At the conclusion of the disposition hearing, if a child who committed a delinquent act is determined to be in need of treatment or rehabilitation, then after considering the results of such child's risk assessment if the court is contemplating placing such child in restrictive custody, the court shall enter the least restrictive disposition order appropriate in view of the seriousness of the delinquent act, such child's culpability as indicated by the circumstances of the particular case, the age of such child, such child's prior record, and such child's strengths and needs. The court may make any of the following orders of disposition, or combination of them, best suited to such child's treatment, rehabilitation, and welfare: (1) Any order authorized for the disposition of a dependent child other than placement in the temporary custody of DFCS unless such child is also adjudicated as a dependent child; (2) An order requiring such child and his or her parent, guardian, or legal custodian to participate in counseling or in counsel and advice. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, physician assistants, qualified volunteers, or appropriate public, private, or volunteer agencies and shall be designed to assist in deterring future delinquent acts or other conduct or conditions which would be harmful to such child or society; (3) An order placing such child on probation under conditions and limitations the court prescribes and which may include the probation management program. The court may place such child on probation under the supervision of: (A) A probation officer of the court or the court of another state; (B) Any public agency authorized by law to receive and provide care for such child; or (C) Any community rehabilitation center if its chief executive officer has acknowledged in writing its willingness to accept the responsibility for the supervision of such child; (4) An order placing a child on unsupervised probation under conditions and limitations the court prescribes; (5) In any case in which such child who has not achieved a high school diploma or THURSDAY, MARCH 21, 2013 1909 the equivalent is placed on probation, the court shall consider and may order as a condition of probation that he or she pursue a course of study designed to lead to achieving a high school diploma or the equivalent; (6) An order requiring that such child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; (7) An order requiring that such child make restitution. In ordering a child to make restitution, the court shall follow the procedure set forth in Article 1 of Chapter 14 of Title 17. Such order may remain in force and effect simultaneously with another order of the court, including but not limited to an order of commitment to DJJ. However, no order of restitution shall be enforced while such child is at a secure residential facility or nonsecure residential facility unless the commissioner of juvenile justice certifies that a restitution program is available at such facility. Payment of funds shall be made by such child or his or her family or employer directly to the clerk of the juvenile court entering the order or to another employee of such court designated by the judge, and that court shall disburse such funds in the manner authorized in the order. While an order requiring restitution is in effect, the court may transfer enforcement of its order to: (A) DJJ; (B) The juvenile court of the county of such child's residence and its probation staff, if he or she changes his or her place of residence; or (C) The superior court once such child reaches 18 years of age as set forth in Code Section 17-14-5 if he or she thereafter comes under the jurisdiction of such court, and the court shall transfer enforcement of its order to superior court if the terms of such order are not completed when such child reaches 21 years of age; (8) An order requiring such child remit to the general fund of the county a sum not to exceed the maximum fine applicable to an adult for commission of any of the following offenses: (A) Any felony in the commission of which a motor vehicle is used; (B) Driving under the influence of alcohol or drugs; (C) Driving without proof of minimum required motor vehicle insurance; (D) Fraudulent or fictitious use of a driver's license; (E) Hit and run or leaving the scene of an accident; (F) Homicide by vehicle; (G) Manslaughter resulting from the operation of a motor vehicle; (H) Possession of controlled substances or marijuana; (I) Racing on highways or streets; (J) Using a motor vehicle in fleeing or attempting to elude an officer; or (K) Any violation of the provisions contained in Title 40 which is properly adjudicated as a delinquent act; (9) An order suspending such child's driver's license for a period not to exceed the date on which he or she reaches 18 years of age or, in the case of a child who does not have a driver's license, an order prohibiting the issuance of a driver's license to such 1910 JOURNAL OF THE SENATE child for a period not to exceed the date on which he or she reaches 18 years of age. The court shall retain the driver's license during such period of suspension and return it to such child at the end of such period. The court shall notify the Department of Driver Services of any actions taken pursuant to this paragraph; (10) An order placing such child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority only if such child was adjudicated for a delinquent act involving: (A) An offense that would be a felony if committed by an adult; or (B) An offense that would be a misdemeanor if committed by an adult and such child has had at least one prior adjudication for an offense that would be a felony if committed by an adult and at least three other prior adjudications for a delinquent act as defined in subparagraph (A) of paragraph (19) of Code Section 15-11-2; or (11) With the same exceptions as set forth in subparagraphs (A) and (B) of paragraph (10) of this subsection, an order committing such child to DJJ. (b)(1) This subsection shall apply to cases involving: (A) An offense that would be a felony if committed by an adult; or (B) An offense that would be a misdemeanor if committed by an adult and such child has had at least one prior adjudication for an offense that would be a felony if committed by an adult and at least three other prior adjudications for a delinquent act as defined in subparagraph (A) of paragraph (19) of Code Section 15-11-2. (2) In addition to any other treatment or rehabilitation, the court may order such child to serve up to a maximum of 30 days in a secure residential facility or, after a risk assessment and with the court's approval, in a treatment program provided by DJJ or the juvenile court. (c) Any child ordered to a secure residential facility under subsection (b) of this Code section and detained after the adjudication hearing in a secure residential facility or nonsecure residential facility pending placement in a secure residential facility shall be given credit for time served in a secure residential facility or nonsecure residential facility awaiting placement. (d) A child shall be given adequate information concerning the obligations and conditions imposed upon him or her by the disposition ordered by the court and the consequences of failure to meet such obligations and conditions. Such information shall be given in terms understandable to a child to enable such child to conform his or her conduct to the requirements of the disposition. 15-11-602. (a) When a child is adjudicated to have committed a class A designated felony act or class B designated felony act, the order of disposition shall be made within 20 days of the conclusion of the disposition hearing. The court may make one of the following orders of disposition best suited to provide for the rehabilitation of such child and the protection of the community: (1) Any order authorized by Code Section 15-11-601, if the court finds that placement in restrictive custody is not required; or THURSDAY, MARCH 21, 2013 1911 (2) An order placing such child in restrictive custody. (b) Every order shall include a finding, based on a preponderance of the evidence, of whether such child requires placement in restrictive custody. If placement in restrictive custody is ordered for a child classified as low risk, the court shall make a specific written finding as to why placement in restrictive custody is necessary. In determining whether placement in restrictive custody is required, the court shall consider and make specific written findings of fact as to each of the following factors: (1) The age and maturity of such child; (2) The needs and best interests of such child; (3) The record, background, and risk level of such child as calculated by a risk assessment, including, but not limited to, information disclosed in the probation investigation, diagnostic assessment, school records, and dependency records; (4) The nature and circumstances of the offense, including whether any injury involved was inflicted by such child or another participant, the culpability of such child or another participant in planning and carrying out the offense, and the existence of any aggravating or mitigating factors; (5) The need for protection of the community; (6) The age and physical condition of the victim; (7) If the act was trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1, whether the circumstances involved sale, delivery, or manufacture of the substances, and if such circumstances were not involved, the court shall dispose of the act as a class B designated felony act; and (8) If the act was aggravated child molestation and subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4, the court shall adjudicate the act as a delinquent act and impose a disposition in accordance with Code Section 1511-601. (c) An order for a child adjudicated for a class A designated felony act placing such child in restrictive custody shall provide that: (1) Such child be placed in DJJ custody for an initial period of up to 60 months; (2) Such child be confined for a period set by the order in a secure residential facility, except as provided in subsection (e) of this Code section. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the period set by the order; (3) After a period of confinement set by the court, such child shall be placed under intensive supervision not to exceed 12 months; (4) Such child shall not be released from intensive supervision unless by court order; and (5) All home visits shall be carefully arranged and monitored by DJJ personnel while such child is placed in a secure residential facility or nonsecure residential facility. (d) An order for a child adjudicated for a class B designated felony act placing such child in restrictive custody shall provide that: (1) Such child be placed in DJJ custody for an initial period of up to 36 months; provided, however, that not more than 18 months of such custodial period shall be 1912 JOURNAL OF THE SENATE spent in restrictive custody; (2) Except as provided in subsection (e) of this Code section, if such child is classified as moderate risk or high risk, he or she shall be confined for a period set by the order in a secure residential facility for half of the period of restrictive custody and the other half of the period of restrictive custody may, at the discretion of DJJ, be spent in a nonsecure residential facility. All time spent in a secure residential facility or nonsecure residential facility shall be counted toward the confinement period set by the order; (3) Except as provided in subsection (e) of this Code section, if such child is classified as low risk, he or she be confined for a period set by the order in a nonsecure residential facility. All time spent in a secure residential facility or nonsecure residential facility subsequent to the date of the disposition hearing and prior to placement in a nonsecure residential facility shall be counted toward the confinement period set by the order; (4) Such child be placed under intensive supervision not to exceed six months either after a period of confinement set by the court or as an initial period of supervision; (5) Such child shall not be released from intensive supervision unless by court order; and (6) All home visits shall be carefully arranged and monitored by DJJ personnel while a child is placed in a secure residential facility or nonsecure residential facility. (e)(1) Any child who is ordered to be confined in restrictive custody who is diagnosed with a developmental disability and is not amenable to treatment in a secure residential facility may be transferred by DJJ to a nonsecure residential facility determined to be appropriate for such child by DJJ, provided that the court and prosecuting attorney are notified of such change of placement. (2) Notwithstanding subsection (b) of this Code section, the court shall order placement in restrictive custody in any case where the child is found to have committed a class A designated felony act or class B designated felony act in which such child inflicted serious physical injury upon another person who is 72 years of age or older. (f) During a child's placement order or any extension of the placement in restrictive custody: (1) While in a secure residential facility or nonsecure residential facility, such child shall be permitted to participate in all services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in such facility. A child adjudicated to have committed a class A designated felony act or class B designated felony act may be eligible to participate in programs sponsored by such facility, including community work programs and sheltered workshops under the general supervision of DJJ staff outside of such facility. In cooperation and coordination with the DJJ, such child shall be allowed to participate in state sponsored programs for evaluation and services under the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities; THURSDAY, MARCH 21, 2013 1913 (2)(A) A child adjudicated to have committed a class A designated felony act or class B designated felony act shall not be discharged from placement in a secure residential facility or nonsecure residential facility prior to the period of time provided in the court's order except as provided in paragraph (1) of subsection (e) of this Code section or when a motion to be discharged from placement in a secure residential facility or nonsecure residential facility is granted by the court. After a court order denying a motion to discharge a child from placement in a secure residential facility or nonsecure residential facility, a subsequent such motion shall not be filed until at least six months have elapsed. Notwithstanding Code Section 15-11-32, DJJ or any party may file a motion with the court seeking a child's release from placement in a secure residential facility or nonsecure residential facility, an order modifying the court's order requiring placement in a secure residential facility or nonsecure residential facility, or termination of an order of disposition for a child committed for a class A designated felony act or class B designated felony act. (B) All motions filed under this paragraph shall be accompanied by a written recommendation for release, modification, or termination from a child's DJJ counselor or placement supervisor, filed in the court that committed such child to DJJ, and served on the prosecuting attorney for such jurisdiction. (C) At least 14 days prior to the date of the hearing on the motion, the moving party shall serve a copy of the motion, by first-class mail, upon the victim of the class A designated felony act or class B designated felony act, if any, at the victim's last known address, the child's attorney, if any, the child's parents or guardian, and the law enforcement agency that investigated the class A designated felony act or class B designated felony act. In addition to the parties to the motion, the prosecuting attorney and the victim, if any, shall have a right to be heard and to present evidence to the court relative to any motion filed pursuant to this paragraph. (D) A court hearing a motion filed under this paragraph shall determine the disposition of a child based upon a preponderance of the evidence. In determining whether a motion for release from custody, modification of placement in a secure residential facility or nonsecure residential facility, or termination of an order of disposition should be granted or denied due to changed circumstances, the court shall be required to find whether or not such child has been rehabilitated and shall consider and make specific findings of fact as to each of the following factors: (i) The needs and best interests of such child; (ii) The record and background of such child, including the disciplinary history of such child during the period of placement in a secure residential facility or nonsecure residential facility and subsequent offense history; (iii) The academic progress of such child during the period of placement in a secure residential facility or nonsecure residential facility, including, if he or she is receiving services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, a review of his or her Individualized Education Program (IEP) and such child's progress toward IEP goals; 1914 JOURNAL OF THE SENATE (iv) The victim's impact statement submitted for purposes of a hearing conducted pursuant to this paragraph; (v) The safety risk to the community if such child is released; and (vi) Such child's acknowledgment to the court and victim, if any, of his or her conduct being the cause of harm to others; and (3) Unless otherwise specified in the order, DJJ shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of such child. (g) Notwithstanding the initial periods of placement in restrictive custody ordered by the court pursuant to subsection (c) or (d) of this Code section, the period of placement may be extended on motion by DJJ, after a disposition hearing, for two additional periods not to exceed 12 months each, provided that no placement or extension of custody may continue beyond a child's twenty-first birthday. (h) The court shall identify the school last attended by a child adjudicated for a class A designated felony act or class B designated felony act and the school which such child intends to attend and shall transmit a copy of the adjudication to the principals of both schools within 15 days of the adjudication. Such information shall be subject to notification, distribution, and other requirements as provided in Code Section 20-2-671. 15-11-603. (a) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, order that such child submit to an HIV test within 45 days following the adjudication of delinquency. The court shall mail DJJ a copy of the order within three days following its issuance. (b) Within 30 days following receipt of the copy of the order, DJJ shall arrange for the HIV test for such child. (c) Any child placed in the custody and control of DJJ shall be HIV tested in accordance with DJJ's policies and procedures. (d) If a child is determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall only be reported to: (1) DJJ or the Department of Corrections, as the case may be, and the Department of Public Health, which may disclose the name of such child if necessary to provide counseling and which shall provide counseling to each victim of the AIDS transmitting crime or to any parent, guardian, or legal custodian of any victim who is a minor or incompetent person if DJJ or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim. Counseling shall include providing the person with information and explanations medically appropriate for such person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding THURSDAY, MARCH 21, 2013 1915 both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which such child has been confined by order of the court. In addition to any other restrictions regarding the confinement of a child, a child determined to be an HIV infected person may be confined separately from any other children in that facility other than those who have been determined to be infected with HIV if: (A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of juvenile justice reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted. 15-11-604. (a) A child adjudicated to have committed a delinquent act shall be given credit for each day spent in a secure residential facility or nonsecure residential facility awaiting adjudication and for each day spent in a secure residential facility or nonsecure residential facility in connection with and resulting from a court order entered in the proceedings for which the disposition was imposed and in any institution or facility for treatment or examination of a physical or mental disability. Such credit shall be applied toward the child's disposition. (b) Subsection (a) of this Code section shall apply to dispositions for all offenses, whether classified as violations, misdemeanors, or felonies. 15-11-605. (a) In addition to any other terms or conditions of probation provided for under this article, the court may require that children who receive a disposition of probation: (1) Be ordered to a probation management program; or (2) Be ordered to a secure probation sanctions program by a probation officer or hearing officer. (b) When a child has been ordered to a probation management program or secure probation sanctions program, the court shall retain jurisdiction throughout the period of the probated sentence and may modify or revoke any part of a probated sentence as provided in Code Section 15-11-32. (c)(1) DJJ in jurisdictions where DJJ is authorized to provide probation supervision or the county juvenile probation office in jurisdictions where probation supervision is provided directly by the county, as applicable, shall be authorized to establish rules and regulations for graduated sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of a probation management program. (2) DJJ or the county juvenile probation office, as applicable, shall not sanction 1916 JOURNAL OF THE SENATE probationers for violations of conditions of probation if the court has expressed an intention in a written order that such violations be heard by the court. (d) DJJ or the county juvenile probation office, as applicable, shall impose only those restrictions equal to or less restrictive than the maximum sanction established by the court. (e) The secure probation sanctions program shall be established by DJJ. Exclusion of a child from a secure probation sanctions program otherwise authorized by this Code section to enter such program shall be mutually agreed upon by the Council of Juvenile Court Judges and DJJ. The secure probation sanctions program shall be available to the juvenile courts to the extent that each secure facility has capacity for such offenders within its facilities. Prior to reaching full capacity, DJJ shall inform the various juvenile courts of its capacity constraints. (f)(1) When requesting the secure probation sanctions program, probation officers supervising a child under a probation management program shall provide an affidavit to the court specifying: (A) The elements of such child's probation program; (B) Such child's failures to respond to graduated sanctions in the community; and (C) Such child's number of violations and the nature of each violation. (2) If a probation officer fails to document the violations and specify how a child has failed to complete a probation management program, such child shall be ineligible to enter the secure probation sanctions program. (3) A child may enter the secure probation sanctions program if ordered by the court and: (A) The probation officer has complied with the provisions of paragraph (1) of this subsection and the criteria set by the department for entrance into such program and such child has had three or more violations of probation; or (B) A child in a probation management program and his or her parent or guardian, or a child in such program and his or her attorney, admit to three or more violations of such program and sign a waiver accepting the sanction proposed by the probation officer. (4) Each new violation of a condition of a probated sentence may result in a child being sentenced to the secure probation sanctions program; provided, however, that if a child is sentenced to the secure probation sanctions program and completes all program components in the seven, 14, and 30 day programs, such child shall be ineligible to attend the secure probation sanctions program for a future violation of a condition of the same probated sentence. (g)(1) When a violation of a condition of probation occurs, a child may have an administrative hearing conducted by a hearing officer. If the hearing officer determines by a preponderance of the evidence that such child violated the conditions of probation, the probation officer shall be authorized to impose graduated sanctions. A child's failure to comply with a sanction imposed under this paragraph shall constitute another violation of probation. (2) A hearing officer's decision shall be final unless such child files, within five days THURSDAY, MARCH 21, 2013 1917 of the service of such decision, a written demand with the hearing officer who conducted the administrative hearing for review of such decision. Such demand shall not stay the sanction decision. Such hearing officer shall issue a response to such demand within five days of receiving such demand. (3) If such hearing officer insists on the sanction, his or her decision shall be final unless the child subject to the sanction files an appeal in the court that originally adjudicated such child. Such appeal shall be filed within ten days of the date of the decision of the hearing officer. (4) The appeal shall first be reviewed by the court upon the record. At the court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the sanction decision. (5) Where the court does not act on the appeal within 15 days of the date of the filing of the appeal, the sanction decision shall be affirmed by operation of law. 15-11-606. An order of disposition or adjudication shall not be a conviction of a crime and shall not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment. 15-11-607. (a) Except as otherwise provided in Code Section 15-11-602, an order of disposition committing a child adjudicated for a delinquent act to DJJ shall continue in force for two years or until such child is sooner discharged by DJJ. The court which made the order may extend its duration for a period not to exceed two years subject to like discharge, if: (1) A hearing is held upon DJJ's motion prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to such child and his or her parent, guardian, or legal custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of such child. (b) Any other order of disposition except an order of restitution as allowed by paragraph (7) or (8) of subsection (a) of Code Section 15-11-601 shall continue in force for not more than two years. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order on the court's own motion or upon motion of DJJ or the prosecuting attorney; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c) The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, 1918 JOURNAL OF THE SENATE if it appears to the court that the purposes of the order have been accomplished. (d) Except as otherwise provided in paragraph (7) of subsection (a) of Code Section 15-11-601 and Code Section 17-14-5, when a child reaches 21 years of age, all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control. 15-11-608. (a) An order granting probation to a child adjudicated for a delinquent act may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to the prosecuting attorney who may file a motion in the court for revocation of probation. A motion for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) The motion for revocation of probation shall be served upon the child serving the probated sentence, his or her attorney, and his or her parent, guardian, or legal custodian in accordance with the provisions of Code Section 15-11-531. (d) If a child serving a probated sentence is taken into custody because of an alleged violation of probation, the provisions governing the detention of a child shall apply. (e) A revocation hearing shall be scheduled to be held no later than 30 days after the filing of such motion or, if a child has been detained as a result of the filing of such motion for revocation, not later than ten days after the filing of the motion. (f) If the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation, the court may: (1) Extend probation; (2) Impose additional conditions of probation; or (3) Make any disposition that could have been made at the time probation was imposed. (g) In the case of a class A designated felony act or class B designated felony act, if the court finds that a child violated the terms and conditions of probation, the court shall reconsider and make specific findings of fact as to each of the factors in subsection (b) of Code Section 15-11-602 to determine whether placement in restrictive custody. (h) In the case of a class A designated felony act or class B designated felony act, if the court finds, beyond a reasonable doubt, that a child violated the terms and conditions of probation and revokes the order granting probation, the child shall be given credit for time served on probation and time served in preadjudication custody. Part 13 15-11-620. (a) When a child is alleged to have committed a delinquent act and be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her THURSDAY, MARCH 21, 2013 1919 home, whichever is earlier. (b) If a child alleged or adjudicated to have committed a delinquent act is detained in a facility operated primarily for the detention of delinquent children but is later placed in foster care within 60 days of such child's removal from the home, then the date of entry into foster care shall be 60 days after the date of removal. (c) If a child is detained in a facility operated primarily for the detention of delinquent children pending placement in foster care and remains detained for more than 60 days, then the date of entry into foster care shall be the date such child is placed in foster care. 15-11-621. The periodic review hearing requirements under Code Sections 15-11-216, 15-11-217, and 15-11-218 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care. 15-11-622. (a) The permanency plan requirements under Code Sections 15-11-230, 15-11-231, and 15-11-232 shall apply to proceedings involving a child alleged or adjudicated to have committed a delinquent act and placed in foster care. (b) In addition to the compelling reasons set forth in Code Section 15-11-233, a compelling reason for determining that filing a termination of parental rights petition is not in the best interests of a child alleged or adjudicated to have committed a delinquent act may include, but not be limited to: (1) A child's developmental needs require continued out-of-home placement for an additional number of months, and his or her parent, guardian, or legal custodian has cooperated with referrals, visitation, and family conferences, as well as therapy; (2) A child is uncooperative with services or referrals; and (3) The length of the delinquency disposition affects the permanency plan. Part 14 15-11-630. (a) A juvenile traffic offense consists of a violation by a child of: (1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or (2) Any other motor vehicle traffic law or local ordinance if a child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge. (b) The following offenses shall be acts of delinquency and shall not be handled as juvenile traffic offenses: aggressive driving, reckless driving, a four-point speeding offense, homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and 1920 JOURNAL OF THE SENATE streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a driver's license, hit and run or leaving the scene of an accident, driving under the influence of alcohol or drugs, and any offense committed by an unlicensed driver under 16 years of age. (c) A juvenile traffic offense shall not be an act of delinquency unless the case is transferred to the delinquency calendar. (d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If a child is taken into custody on the charge, Code Sections 15-11-503 and 15-11-505 shall apply. If a child is, or after commencement of the proceedings becomes, a resident of another county of this state, the court in the county where the alleged traffic offense occurred may retain jurisdiction over the entire case. (e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child accused of committing a juvenile traffic offense and, if his or her address is known, to his or her parent, guardian, or legal custodian. If the accusation made in the summons, notice to appear, or other designation of a citation is denied, a hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear with their attorney. The hearing shall be open to the public. (f) If the court finds on the admission of a child or upon the evidence that a child committed the offense charged, it may make one or more of the following orders: (1) Reprimand, counsel, or warn such child and his or her parent, guardian, or legal custodian; provided, however, that this disposition order shall not be available for any act of delinquency; (2) As a matter of supervised or unsupervised probation, order the Department of Driver Services to suspend such child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months; (3) Require such child to attend a traffic school approved by the Department of Driver Services or a substance abuse clinic or program approved by either DBHDD or the Council of Juvenile Court Judges for a reasonable period of time; (4) Assess a fine and order such child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense. The fine shall be subject to all additions and penalties as specified under this title and Title 47; (5) Require such child to participate in a program of community service as specified by the court; (6) Impose any sanction authorized by Code Section 15-11-442 or 15-11-601; or (7) Place such child on probation subject to the conditions and limitations imposed by Title 40 governing probation granted to adults for like offenses, provided that such probation shall be supervised by the court or shall be unsupervised probation. (g) In lieu of the orders provided by subsection (f) of this Code section, if the evidence THURSDAY, MARCH 21, 2013 1921 warrants, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and delinquency petition. (h) Upon finding that a child has committed a juvenile traffic offense or an act of delinquency which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which a child and his or her parent, guardian, or legal custodian have been reprimanded, counseled, or warned by the court. The Department of Driver Services shall record the adjudication and disposition of the offense on such child's permanent record, and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking such child's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults. ARTICLE 7 15-11-650. The purpose of this article is: (1) To set forth procedures for a determination of whether a child is incompetent to proceed; and (2) To provide a mechanism for the development and implementation of competency remediation services, when appropriate, including treatment, habilitation, support, or supervision services. 15-11-651. As used in this article, the term: (1) 'Competency remediation services' means outpatient interventions directed only at facilitating the attainment of competence to proceed for a child adjudicated to be incompetent to proceed. Such term may include mental health treatment to reduce interfering symptoms, specialized psychoeducational programming, or a combination of these interventions. (2) 'Comprehensive services plan' shall have the same meaning as set forth in Code Section 15-11-381. (3) 'Incompetent to proceed' means lacking sufficient present ability to understand the nature and object of the proceedings, to comprehend his or her own situation in relation to the proceedings, and to assist his or her attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings. Such term shall include consideration of a child's age or immaturity. (4) 'Mental competency proceeding' means a hearing conducted to determine whether a child is incompetent to proceed in adjudication, a disposition hearing, or a transfer proceeding. (5) 'Plan manager' shall have the same meaning as set forth in Code Section 15-11381. 1922 JOURNAL OF THE SENATE (6) 'Treatment facility' means a facility that receives patients for psychiatric treatment as provided in Code Sections 37-3-80 through 37-3-84 but shall not include a secure residential facility. 15-11-652. (a) If at any time after the filing of a petition alleging delinquency or that a child is a child in need of services the court has reason to believe that the child named in the petition may be incompetent to proceed, the court on its own motion or on the motion of the attorney representing such child, any guardian ad litem for such child, such child's parent, guardian, or legal custodian, or the prosecuting attorney shall stay all proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation of and report on such child's mental condition. (b) When a delinquency petition is filed alleging a child under the age of 13 has committed a serious violent felony, as defined in Code Section 17-10-6.1, the court shall stay all delinquency proceedings relating to such petition and, unless the court accepts a stipulation by the parties as to such child's incompetency, shall order a competency evaluation and report concerning such child's mental condition. (c) Any motion, notice of hearing, order, or other pleading relating to a child's incompetency to proceed shall be served upon him or her, his or her attorney, his or her guardian ad litem, if any, his or her parent, guardian, or legal custodian, and the prosecuting attorney. (d) Prior to the administration of any evaluation, the court shall appoint an attorney to represent a child if he or she is not yet represented by an attorney. (e) All time limits set forth in Articles 5 and 6 of this chapter for adjudication and disposition of a delinquency or a child in need of services proceeding shall be tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding and during provision of competency remediation services. 15-11-653. (a) The court ordered evaluation and report shall be conducted by an examiner who shall consider whether a child is incompetent to proceed. The court shall provide the examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency. The attorney for the child being examined and the prosecuting attorney shall provide the examiner with any records from any other available sources that are deemed necessary for the competency evaluation. (b) The competency evaluation shall be performed on an outpatient basis; provided, however, that if a child is in an out-of-home placement, the evaluation shall be performed at such child's location. (c) The examiner who conducts the evaluation shall submit a written report to the court within 30 days of receipt of the court order for evaluation. The court may, in its discretion, grant the examiner an extension in filing such report. The report shall contain the following: THURSDAY, MARCH 21, 2013 1923 (1) The specific reason for the evaluation, as provided by the court or the party requesting the evaluation; (2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed; (3) Any available pertinent background information; (4) The results of a mental status exam, including the diagnosis if any and description of any psychiatric symptoms, cognitive deficiency, or both; (5) A description of a child's abilities and deficits in the following mental competency functions: (A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to assist his or her attorney in the preparation and presentation of his or her case; (6) An opinion regarding the potential significance of a child's mental competency, strengths, and deficits; (7) An opinion regarding whether or not a child should be considered incompetent to proceed; and (8) A specific statement explaining the reasoning supporting the examiner's final determination. (d) If, in the opinion of the examiner, a child should be considered incompetent to proceed, the report shall also include the following: (1) An opinion on whether the primary cause of incompetency to proceed is immaturity, mental illness, developmental disability, or a combination of mental illness and developmental disability; (2) An opinion on whether there is a substantial probability that the examined child will attain the mental competency necessary to participate in adjudication, a disposition hearing, or a transfer hearing in the foreseeable future; (3) If the examiner believes that the examined child will attain mental competency, recommendations for the general level and type of competency remediation services necessary for significant deficits; (4) A recommendation on the appropriate treatment or services; (5) When appropriate, recommendations for modifications of court procedure which may help compensate for mental competency weaknesses; and (6) Any relevant medication history. (e) If the examiner determines that the examined child is currently competent because of ongoing treatment with medication or other services, the report shall address the necessity of continuing such treatment and shall include a description of any limitation such treatment may have on competency. (f) Copies of the written evaluation report shall be provided by the court to the attorney representing the examined child, the prosecuting attorney or a member of his or her staff, and any guardian ad litem for the examined child no later than five days after 1924 JOURNAL OF THE SENATE receipt of the report by the court. (g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional evaluations by other licensed psychologists or psychiatrists. In no event shall more than one evaluation be conducted by an examiner employed by DBHDD. 15-11-654. (a) If at any time following a finding that a child is incompetent to proceed the court determines that such child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of such child's residence. (b) When any case is transferred, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this subsection shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court. (c) If a court determines that such child's competency is remediated, jurisdiction of the case may be returned to the transferring court for the adjudication hearing and any subsequent proceedings. 15-11-655. (a) A hearing to determine if a child is incompetent to proceed shall be conducted within 60 days after the initial court order for evaluation. The hearing may be continued by the court for good cause shown. (b) Written notice shall be given to all parties and the victim at least ten days prior to such hearing. (c) The burden of proving that a child is incompetent to proceed shall be on such child. The standard of proof necessary for proving mental competency shall be a preponderance of the evidence. (d) At the hearing to determine incompetency to proceed, a child's attorney and the prosecuting attorney shall have the right to: (1) Present evidence; (2) Call and examine witnesses; (3) Cross-examine witnesses; and (4) Present arguments. (e) The examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both a child's attorney and the prosecuting attorney. (f) The court's findings of fact shall be based on any evaluations of a child's mental condition conducted by licensed psychologists or psychiatrists appointed by the court, any evaluations of a child's mental condition conducted by independent licensed psychologists or psychiatrists hired by the parties, and any additional evidence presented. (g) If the court finds that a child is not incompetent to proceed, the proceedings which THURSDAY, MARCH 21, 2013 1925 have been suspended shall be resumed. The time limits under Article 5 or 6 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding such child mentally competent. (h) Copies of the court's findings shall be given to the parties within ten days following the issuance of such findings. 15-11-656. (a) If the court finds that a child is incompetent to proceed but such child's incompetence may be remediated, if such child is alleged: (1) To be a child in need of services, the court shall either dismiss the petition without prejudice or order competency remediation services for such child; or (2) To have committed a delinquent act, the court may order competency remediation services for such child. (b) In determining whether to order competency remediation services, the court shall consider: (1) Whether there is probable cause to believe the allegations in the petition are true; (2) The nature of the incompetency; (3) An incompetent child's age; and (4) The nature of the act alleged to have been committed by the incompetent child, in particular whether the act is a serious violent felony as such term is defined in Code Section 17-10-6.1. (c) If a child is determined to be incompetent to proceed, the court has ordered that competency remediation services should be provided, and: (1) Such child is alleged to have committed an act that would be a felony if committed by an adult, the court may retain jurisdiction of such child for up to two years after the date of the order of incompetency, with review hearings at least every six months to redetermine competency or proceed as provided in subsection (f) of this Code section; or (2) A child is alleged to have committed an act that would be a misdemeanor if committed by an adult, the court may retain jurisdiction of a child for up to 120 days after the date of the order of incompetency or proceed as provided in subsection (f) of this Code section. (d) All court orders determining incompetency shall include specific written findings by the court as to the nature of the incompetency and the mandated outpatient competency remediation services. If such child is in an out-of-home placement, the court shall specify the type of competency remediation services to be performed at such child's location. A child may be placed in a secure treatment facility or program, not to include DJJ facilities, if the court makes a finding by clear and convincing evidence that: (1) A child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37; and (2) All available less restrictive alternatives, including treatment in community residential facilities or community settings which would offer an opportunity for 1926 JOURNAL OF THE SENATE improvement of a child's condition, are inappropriate. (e) A child who is incompetent to proceed shall not be subject to transfer to superior court, adjudication, disposition, or modification of disposition so long as the mental incompetency exists. (f) If the court determines that an alleged delinquent child is incompetent to proceed, the court may dismiss the petition without prejudice. (g) If a child is detained in a secure residential facility or nonsecure residential facility and the court determines that such child is incompetent to proceed, within five days of such determination the court shall issue an order to immediately release such child to the appropriate parent, guardian, or legal custodian. 15-11-657. (a) All competency remediation service orders issued by the court shall contain: (1) The name of the competency remediation service program provider and the location of the program; (2) A statement of the arrangements for a child's transportation to the program site; (3) The length of the competency remediation service program; (4) A statement of the arrangements for a child's transportation after the program ends; and (5) A direction concerning the frequency of reports required by the court. (b) DBHDD or a licensed psychologist or psychiatrist shall file a written report with the court: (1) Not later than six months after the date the court orders that competency remediation be attempted but prior to the first review hearing; (2) Every six months after the first review hearing if a child remains incompetent to proceed and under an order for remediation; (3) At any time DBHDD or a licensed psychologist or psychiatrist opines a child has attained competency; or (4) At shorter intervals designated by the court in its competency remediation order. (c) DBHDD or the licensed psychologist or psychiatrist written report shall include, but not be limited to: (1) Whether a child's competency can be remediated or whether a child is likely to remain incompetent to proceed for the foreseeable future; (2) Whether additional time is needed to remediate a child's competency; and (3) If a child has attained competency, the effect, if any, of any limitations that are imposed by any medication or other treatment used in the effort to remediate competency. 15-11-658. (a) If the court initially finds that a child is unrestorably incompetent to proceed, the court shall dismiss the petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may: THURSDAY, MARCH 21, 2013 1927 (1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or a child in need of services petition; or (2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination. (b) If at any time after a child is ordered to undergo competency remediation services DBHDD or a licensed psychologist or psychiatrist opines that a child is likely to remain incompetent to proceed for the foreseeable future, DBHDD or the licensed psychologist or psychiatrist shall submit a report to the court so stating. (c) Upon receipt of the report specified in subsection (b) of this Code section, the court shall make a competency determination and shall dismiss the delinquency petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court may: (1) Order that a child be referred for civil commitment pursuant to Chapters 3 and 4 of Title 37. Such proceedings shall be instituted not less than 60 days prior to the dismissal of the delinquency or child in need of services petition; or (2) Order that referral be made for appropriate adult services if a child has reached the age of 18 years at the time of the competency determination. 15-11-659. If at any time after a child is adjudicated to be incompetent to proceed due to age, immaturity, or for any reason other than mental illness or developmental disability and is ordered to undergo competency remediation services and DBHDD determines that such child is likely to remain incompetent to proceed for the foreseeable future, DBHDD shall submit a report and its conclusions to the court. Upon receipt of such report, the court shall: (1) Make a competency determination; (2) Order that the applicable petition be dismissed; and (3) Order that a plan manager be appointed and that the procedures for a comprehensive services plan be initiated under Article 5 of this chapter. 15-11-660. (a) The court shall hold a hearing to review a child's progress toward competency: (1) At least every six months; (2) At any time, on its own motion or on the motion of the prosecuting attorney, a child's attorney, or a child's guardian ad litem, if any; (3) On receipt of a report submitted by DBHDD; or (4) Not less than three months before a child's eighteenth birthday. (b) If at a review hearing the court finds that a child has attained competency, the suspended proceedings shall be resumed and the time limits applicable under Article 5 or 6 of this chapter shall begin to run from the date of the order finding the child mentally competent. (c) If at a review hearing held following the court's receipt of a DBHDD or licensed 1928 JOURNAL OF THE SENATE psychologist or psychiatrist's report the court finds that a child's incompetency has not been remediated but that such child has made substantial progress toward remediation, the court may extend the competency remediation program period for an additional 60 days if the court determines by clear and convincing evidence that further participation is likely to lead to remediation of competency. (d) If at a review hearing the court finds that a child's competency is not remediated and is not likely to be remediated within the time left before such child's eighteenth birthday, the court shall dismiss the petition with prejudice if such child is alleged to be a child in need of services or to have committed a delinquent act which would be a misdemeanor if committed by an adult. (e) At each review hearing, the court shall also consider whether the petition alleging delinquency or that a child is a child in need of services should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than a child's being incompetent to proceed. If the court dismisses the petition, the prosecuting attorney may seek to refile a petition alleging a delinquent act which would be a felony if committed by an adult if a child is later determined to be mentally competent. The prosecuting attorney may also seek transfer to superior court if a child is later determined to be mentally competent and otherwise meets all the requirements for transfer under Article 6 of this chapter. ARTICLE 8 15-11-680. This article shall be known and may be cited as the 'Parental Notification Act.' 15-11-681. As used in this article, the term: (1) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term 'abortion' shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as a result of a spontaneous abortion. The term 'abortion' also shall not include the prescription or use of contraceptives. (2) 'Proper identification' means any document issued by a governmental agency containing a description of the person, the person's photograph, or both, including but not limited to a driver's license, an identification card authorized under Code Sections 40-5-100 through 40-5-104 or similar identification card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Customs Enforcement Division of the Department of Homeland Security. (3) 'Unemancipated minor' means any person under the age of 18 who is not or has THURSDAY, MARCH 21, 2013 1929 not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction. 15-11-682. (a) No physician or other person shall perform an abortion upon an unemancipated minor unless: (1)(A) The unemancipated minor seeking an abortion is accompanied by his or her parent or guardian who shall show proper identification and state that he or she is the lawful parent or guardian of the unemancipated minor and that he or she has been notified that an abortion is to be performed on the unemancipated minor; (B) The physician or the physician's qualified agent gives at least 24 hours' actual notice, in person or by telephone, to the parent or guardian of the unemancipated minor of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the unemancipated minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the unemancipated minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; or (C) The physician or a physician's qualified agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by registered or certified mail or statutory overnight delivery, return receipt requested with delivery confirmation, addressed to a parent or guardian of the unemancipated minor at the usual place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the unemancipated minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified certifies in writing that he or she has been previously informed that the unemancipated minor was seeking an abortion or if the person so notified has not been previously informed and he or she certifies in writing that he or she does not wish to consult with the unemancipated minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; and (2) The unemancipated minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor or the physician or a physician's qualified agent, as the case may be, elects not to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent or legal guardian of the unemancipated minor cannot be located, the unemancipated minor may petition, on his or her own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist the unemancipated minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in 1930 JOURNAL OF THE SENATE any county. (c) No abortion shall be performed unless the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section have been met or the unemancipated minor has obtained a court order waiving such requirements. 15-11-683. Notwithstanding Code Sections 15-11-40, 15-11-150, 15-11-152, 15-11-160, 15-11281, 15-11-424, and 15-11-531, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding weekends and legal holidays. The parent, guardian, or legal custodian of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted. 15-11-684. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented. (b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed. (c) The requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-682 shall be waived if the court finds either: (1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent or guardian; or (2) That the notice to a parent or, if the unemancipated minor is subject to guardianship, the legal guardian pursuant to Code Section 15-11-682 would not be in the best interests of such minor. (d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the unemancipated minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner that will preserve anonymity. (e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. THURSDAY, MARCH 21, 2013 1931 The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter. (f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section. 15-11-685. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state. 15-11-686. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him or her, a medical emergency exists that so complicates the condition of the unemancipated minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law. 15-11-687. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith. 15-11-688. Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false information pursuant to this article shall be guilty of a misdemeanor. ARTICLE 9 15-11-700. (a) As used in this Code section, the term 'dependency proceeding' means a court proceeding stemming from a petition alleging that a child is a dependent child. (b) The general public shall be admitted to: (1) An adjudicatory hearing involving an allegation of a class A designated felony act or class B designated felony act; 1932 JOURNAL OF THE SENATE (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated for committing a delinquent act; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of dependency; (3) Any child support hearing; (4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; (5) At the court's discretion, any dispositional hearing involving any proceeding under this article; or (6) Any hearing in a dependency proceeding, except as otherwise provided in subsection (c) of this Code section. (c) The court may close the hearing in a dependency proceeding only upon making a finding upon the record and issuing a signed order stating the reason or reasons for closing all or part of a hearing in such proceeding and stating that: (1) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16; or (2) It is in the best interests of the child. In making such a determination, the court shall consider such factors as: (A) The age of the child alleged or adjudicated as a dependent child; (B) The nature of the allegations; (C) The effect that an open court proceeding will have on the court's ability to reunite and rehabilitate the family unit; and (D) Whether the closure is necessary to protect the privacy of a child, of a foster parent or other caretaker of a child, or of a victim of domestic violence. (d) The court may close a hearing or exclude a person from a hearing in any proceeding on its own motion, by motion of a party to the proceeding, or by motion of the child who is the subject of the proceeding or the child's attorney or guardian ad litem. (e) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, the victim, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings from which the public is excluded; provided, however, that when the conduct alleged in the dependency proceeding could give rise to a criminal or delinquent act prosecution, attorneys for the prosecution and the defense shall be admitted. (f) The court may refuse to admit a person to a hearing in any proceeding upon making a finding upon the record and issuing a signed order that the person's presence at the hearing would: (1) Be detrimental to the best interests of the child who is a party to the proceeding; (2) Impair the fact-finding process; or (3) Be otherwise contrary to the interest of justice. (g) The court may temporarily exclude any child from a termination of parental rights hearing except while allegations of his or her delinquency or child in need of services conduct are being heard. THURSDAY, MARCH 21, 2013 1933 (h) Any request for installation and use of electronic recording, transmission, videotaping, or motion picture or still photography of any judicial proceeding shall be made to the court at least two days in advance of the hearing. The request shall be evaluated by the court pursuant to the standards set forth in Code Section 15-1-10.1. (i) The judge may order the media not to release identifying information concerning any child or family members or foster parent or other caretaker of a child involved in hearings open to the public. (j) The general public shall be excluded from proceedings in juvenile court unless such hearing has been specified as one in which the general public shall be admitted to pursuant to this Code section. 15-11-701. (a) Upon dismissal of a petition or complaint alleging delinquency or that a child is a child in need of services or completion of the process in a case handled through informal adjustment, mediation, or other nonadjudicatory procedure, the court shall order the sealing of the files and records in the case. (b) On application of a person who has been adjudicated for committing a delinquent act or as a child in need of services or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding if the court finds that: (1) Two years have elapsed since the final discharge of the person; (2) Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated for committing a delinquent act or as a child in need of services and no proceeding seeking conviction or adjudication is pending against the person; and (3) The person has been rehabilitated. (c) On application of a person who has been adjudicated for a delinquent act or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding, including those specified in Code Sections 15-11-702 and 15-11-708, if the court finds that the child was adjudicated for a delinquent act for a sexual crime as defined in Code Section 16-3-6 and such crime resulted from the child being: (1) Trafficked for sexual servitude in violation of Code Section 16-5-46; or (2) A victim of sexual exploitation as defined in Code Section 49-5-40. (d) Reasonable notice of the hearing required by subsection (b) and (c) of this Code section shall be given to: (1) The prosecuting attorney; (2) DJJ, when appropriate; (3) The authority granting the discharge if the final discharge was from an institution or from parole; and (4) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-702 and 15-11-708 are included in the application or motion. 1934 JOURNAL OF THE SENATE (e) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists pertaining to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or designated official and shall also be sent to the deputy director of the Georgia Crime Information Center of the Georgia Bureau of Investigation. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and otherwise only by those persons named in the order or to criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes. (f) The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16. 15-11-702. (a)(1) Every child charged with an offense that would be a felony if committed by an adult shall be fingerprinted and photographed upon being taken into custody. (2) Fingerprints and photographs of children to be used in investigating the commission of crimes shall be taken and filed separately from those of adults by law enforcement officials and shall be made available as provided in this article and as may be directed by the court. (b) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. (c) If a child has been charged with an offense that if committed by an adult would be a felony or if the case is transferred to another court for prosecution, such child's identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and shall be authorized to disseminate such data for the purposes specified in Code Section 15-11-708. (d) Upon application of a child, fingerprints and photographs of such child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either such petition is filed or the case is transferred to the juvenile court or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when fingerprints and photographs are destroyed, and the Georgia Bureau of Investigation shall treat such records in the same manner as criminal history record information is restricted pursuant to Code Section 35-3-37. (e) Except as provided in subsection (a) of this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the THURSDAY, MARCH 21, 2013 1935 case is transferred to another court for prosecution. (f) Upon request, the judge or his or her designee shall release the name of any child with regard to whom a petition has been filed alleging a child committed a class A designated felony act or class B designated felony act or alleging a child committed a delinquent act if such child has previously been adjudicated for committing a delinquent act or if such child has previously been before the court on a delinquency charge and adjudication was withheld. 15-11-703. Except as provided in subsection (d) of Code Section 24-6-609, the disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or a child in need of services, whether before or after reaching 18 years of age, except in the establishment of conditions of bail, plea negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys, superior or state court judges, and the accused and may be used in the same manner as adult records. 15-11-704. (a) Except as provided in subsection (b) of this Code section and Code Sections 15-11705 and 15-11-706, all files and records of the court in a proceeding under this chapter shall be open to inspection only upon order of the court. (b) The general public shall be allowed to inspect court files and records for any proceeding that was open to the public pursuant to paragraphs (1) through (5) of subsection (b) of Code Section 15-11-700. (c) A judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution such judge may deem proper and may punish by contempt any violation of those conditions. (d) A judge shall permit authorized representatives of DJJ, the Governor's Office for Children and Families, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on children and to make copies pursuant to the order of the court. (e) Except as otherwise provided in Code Sections 15-11-701 and 15-11-703, the complaint, petition, order of adjudication, and order of disposition in any delinquency case shall be disclosed upon request of the prosecuting attorney or the accused for use preliminarily to or in conjunction with a subsequent juvenile or criminal proceeding in a court of record. 15-11-705. (a) Notwithstanding other provisions of this article, the court records of proceedings under Article 5 of this chapter shall be withheld from public inspection but shall be open to inspection by juvenile probation and parole officers, a child who is a party in a 1936 JOURNAL OF THE SENATE proceeding, his or her parent, guardian, or legal custodian, such child's attorney, and others entrusted with the supervision of such child. Additional access to court records may be granted by court order. (b) It shall be unlawful for any person to disclose court records, or any part thereof, to persons other than those entitled to access under subsection (a) of this Code section, except by court order. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. 15-11-706. (a) When a decision is made to handle a case through informal adjustment, mediation, or other nonadjudicatory procedure, the juvenile court intake officer shall file with the court in the county in which a child legally resides all of the following information: (1) The name, address, and date of birth of the child subject to informal adjustment, mediation, or other nonadjudicatory procedure; (2) The act or offense for which such child was apprehended; (3) The diversion decision made; (4) The nature of such child's compliance with an informal adjustment agreement; and (5) If an informal adjustment agreement is revoked, the fact of and reasons for the revocation. (b) Notwithstanding subsection (a) of Code Section 15-11-701, the court in the county in which a child resides shall keep a separate record for such child which shall be open to the court, the prosecuting attorney, or an officer designated by the court only for the purpose of deciding whether to handle a subsequent case through informal adjustment, mediation, or other nonadjudicatory procedure or for use in disposition of a subsequent proceeding. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section 15-11-31. 15-11-707. Within 30 days of any proceeding in which a child is adjudicated for committing a delinquent act for a second or subsequent time or is adjudicated for committing a class A designated felony act or class B designated felony act, the court shall provide written notice to the school superintendent of the school in which such child is enrolled or his or her designee or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or class A designated felony act or class B designated felony act such child committed. 15-11-708. (a) Law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. (b) Unless a charge of delinquency is transferred for criminal prosecution, the interest THURSDAY, MARCH 21, 2013 1937 of national security requires, the case is one in which the general public may not be excluded from the hearings, or the court otherwise orders in the best interests of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public. (c) Inspection of the records and files shall be permitted by: (1) A juvenile court having a child before it in any proceeding; (2) The attorney for a party to the proceedings, with the consent of the court; (3) The officers of public institutions or agencies to whom a child is committed; (4) Law enforcement officers and prosecuting attorneys of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties; (5) A court in which a child is convicted of a criminal offense, for the purpose of a presentence report or other disposition proceeding; (6) Officials of penal institutions and other penal facilities to which a child is committed; or (7) A parole board in considering a child's parole or discharge or in exercising supervision over such child. (d) The court shall allow authorized representatives of DJJ, the Governor's Office for Children and Families, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. (e) Access to fingerprint records submitted to the Georgia Bureau of Investigation shall be limited to the administration of criminal justice purposes. 15-11-709. (a) Subject to the earlier sealing of certain records pursuant to Code Section 15-11-701, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section 50-18-92. (b) Thereafter, the court may destroy such records, except that the records of cases in which a court terminates the parental rights of a parent and the records of cases involving a petition for legitimation of a child shall be preserved permanently. (c) The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed and shall make social records consisting of records of investigation and treatment and other confidential information. (d) Identification data shall be maintained and shall be disseminated to criminal justice officials for official judicial enforcement or criminal justice purposes as provided in Code Section 35-3-33. (e) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indexes, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indexes in connection with the filing for record of papers of the 1938 JOURNAL OF THE SENATE kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indexes. When the clerk of a juvenile 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 shall be maintained. 15-11-710. (a) As used in this Code section, the term 'governmental entity' shall mean the court, superior court, DJJ, DBHDD, DFACS, county departments of family and children services, or public schools, as such term is defined in Code Section 16-11-35. (b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15, 15-11-40, 15-11-105, 15-11-170, 15-11264, 15-11-541, 15-11-542, 15-11-603, 15-11-708, 15-11-709, 15-11-744, 20-2-751.2, 20-14-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interests of such child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of a child in juvenile, superior, or state court or utilized to the detriment of such child. (c) Information released pursuant to this Code section shall not change or rescind the confidential nature of such information and such information shall not be subject to public disclosure or inspection unless otherwise provided by law. ARTICLE 10 15-11-720. (a) Emancipation may occur by operation of law or pursuant to a petition filed with the court as provided in this article by a child who is at least 16 years of age. (b) An emancipation occurs by operation of law: (1) When a child is validly married; (2) When a child reaches the age of 18 years; or (3) During the period when a child is on active duty with the armed forces of the United States. (c) An emancipation occurs by court order pursuant to a petition filed by a child with the juvenile court. 15-11-721. A child seeking emancipation shall file a petition for emancipation in the juvenile court in the county where such child resides. The petition shall be signed and verified by the THURSDAY, MARCH 21, 2013 1939 petitioner, and shall include: (1) The petitioner's full name and birth date and the county and state where the petitioner was born; (2) A certified copy of the petitioner's birth certificate; (3) The name and last known address of the petitioner's parent, guardian, or legal custodian and, if no parent, guardian, or legal custodian can be found, the name and address of the petitioner's nearest living relative residing within this state; (4) The petitioner's present address and length of residency at that address; (5) A declaration by the petitioner demonstrating the ability to manage his or her financial affairs together with any information necessary to support the declaration; (6) A declaration by the petitioner demonstrating the ability to manage his or her personal and social affairs together with any information necessary to support the declaration; and (7) The names of individuals who have personal knowledge of the petitioner's circumstances and believe that under those circumstances emancipation is in the best interests of the petitioner. Such individuals may include any of the following: (A) A licensed physician, physician assistant, or osteopath; (B) A registered professional nurse or licensed practical nurse; (C) A licensed psychologist; (D) A licensed professional counselor, social worker, or marriage and family therapist; (E) A school guidance counselor, school social worker, or school psychologist; (F) A school administrator, school principal, or school teacher; (G) A member of the clergy; (H) A law enforcement officer; or (I) An attorney. 15-11-722. (a) Upon filing the petition, a copy of the petition for emancipation and a summons to appear at the hearing shall be served on all persons named in the petition and upon any individual who provided an affidavit for the emancipation. (b) A person served with a petition may file an answer in the juvenile court in which the petition was filed within 30 days of being served. 15-11-723. (a) After a petition for emancipation is filed, the court may: (1) Appoint a guardian ad litem to investigate the allegations of the petition and to file a report with the court, including a recommendation as to whether it is in the best interests of the petitioner that the petition for emancipation be granted; (2) Appoint an attorney for the petitioner; and (3) Appoint an attorney for the petitioner's parent, guardian, or legal custodian if he or she is an indigent person and if he or she opposes the petition. (b) After a petition for emancipation is filed, the court shall seek an affidavit from each 1940 JOURNAL OF THE SENATE person identified in the petition pursuant to paragraph (7) of Code Section 15-11-721 that describes why that person believes the petitioner should be emancipated. 15-11-724. A child who petitions the court for emancipation shall have the burden of showing that emancipation should be ordered by a preponderance of evidence. 15-11-725. (a) The court shall issue an emancipation order if, after a hearing, it determines that emancipation is in the best interests of the child and such child has established: (1) That his or her parent, guardian, or legal custodian does not object to the petition; or, if a parent, guardian, or legal custodian objects to the petition, that the best interests of the child are served by allowing the emancipation to occur by court order; (2) That he or she is a resident of this state; (3) That he or she has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. 'Other means of support' shall not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families as provided in Article 9 of Chapter 4 of Title 49 or similar programs under Title IV-A of the federal Social Security Act; (4) That he or she has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and (5) That he or she understands his or her rights and responsibilities under this article as an emancipated child. (b) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated child becomes 25 years of age. (c) An emancipation obtained by fraud is voidable. Voiding an emancipation order shall not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect. (d) A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of an emancipation petition. 15-11-726. (a) A child emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order. (b) A copy of the petition for rescission and a summons shall be served on the petitioner's parent, guardian, or legal custodian. (c) The court shall grant the petition and rescind the order of emancipation if it finds: (1) That the petitioner is an indigent person and has no means of support; (2) That the petitioner and the petitioner's parent, guardian, or legal custodian agree that the order should be rescinded; or (3) That there is a resumption of family relations inconsistent with the existing emancipation order. (d) If a petition for rescission is granted, the court shall issue an order rescinding the THURSDAY, MARCH 21, 2013 1941 emancipation order and retain a copy of the order until the petitioner becomes 25 years of age. (e) Rescission of an emancipation order shall not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect. (f) A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals. 15-11-727. (a) A child emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to a child because of his or her age. The rights of a child to receive any transfer of property or money pursuant to 'The Georgia Transfers to Minors Act' under Article 5 of Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform Gift to Minors Act, or other substantially similar act of another state; or pursuant to a trust agreement shall not be affected by a declaration of an emancipation under this article. (b) A child shall be considered emancipated for the purposes of, but not limited to: (1) The right to enter into enforceable contracts, including apartment leases; (2) The right to sue or be sued in his or her own name; (3) The right to retain his or her own earnings; (4) The right to establish a separate domicile; (5) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including but not limited to property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem; (6) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of 18 regardless of their legal status; (7) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability; (8) The right to apply for a driver's license or other state licenses for which he or she might be eligible; (9) The right to register for school; (10) The right to apply for medical assistance programs and for other welfare assistance, if needed; (11) The right, if a parent, to make decisions and give authority in caring for his or her own minor child; and (12) The right to make a will. (c) A parent, guardian, or legal custodian of a child emancipated by court order shall not be liable for any debts incurred by his or her child during the period of emancipation. 1942 JOURNAL OF THE SENATE 15-11-728. (a) The duty to provide support for a child shall continue until an emancipation order is granted. (b) A child emancipated under this article shall not be considered a dependent child. (c) The provisions set forth in Code Section 19-3-2 regarding age limitations to contract for marriage shall apply to a child who has become emancipated under this article. ARTICLE 11 15-11-740. (a) This article shall be known and may be cited as the 'Georgia Child Advocate for the Protection of Children Act.' (b) In keeping with this article's purpose of assisting, protecting, and restoring the security of children whose well-being is threatened, it is the intent of the General Assembly that the mission of protection of the children of this state should have the greatest legislative and executive priority. Recognizing that the needs of children must be attended to in a timely manner and that more aggressive action should be taken to protect children from abuse and neglect, the General Assembly creates the Office of the Child Advocate for the Protection of Children to provide independent oversight of persons, organizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection of Children will provide children with an avenue through which to seek relief when their rights are violated by state officials and agents entrusted with their protection and care. 15-11-741. As used in this article, the term: (1) 'Advocate' or 'child advocate' means the Child Advocate for the Protection of Children established under Code Section 15-11-742. (2) 'Agency' shall have the same meaning and application as provided for in paragraph (1) of subsection (a) of Code Section 50-14-1. (3) 'Child' or 'children' means an individual receiving protective services from DFCS, for whom DFCS has an open case file, or who has been, or whose siblings, parents, or other caretakers have been, the subject of a report to DFCS within the previous five years. 15-11-742. (a) There is created the Office of the Child Advocate for the Protection of Children. The Governor, by executive order, shall create a nominating committee which shall consider nominees for the position of the advocate and shall make a recommendation to the Governor. Such person shall have knowledge of the child welfare system, the THURSDAY, MARCH 21, 2013 1943 juvenile justice system, and the legal system and shall be qualified by training and experience to perform the duties of the office as set forth in this article. (b) The advocate shall be appointed by the Governor from a list of at least three names submitted by the nominating committee for a term of three years and until his or her successor is appointed and qualified and may be reappointed. The salary of the advocate shall not be less than $60,000.00 per year, shall be fixed by the Governor, and shall come from funds appropriated for the purposes of the advocate. (c) The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. (d) The advocate may appoint such staff as may be deemed necessary to effectively fulfill the purposes of this article, within the limitations of the funds available for the purposes of the advocate. The duties of the staff may include the duties and powers of the advocate if performed under the direction of the advocate. The advocate and his or her staff shall receive such reimbursement for travel and other expenses as is normally allowed to state employees from funds appropriated for the purposes of the advocate. (e) The advocate shall have the authority to contract with experts in fields including but not limited to medicine, psychology, education, child development, juvenile justice, mental health, and child welfare as needed to support the work of the advocate, utilizing funds appropriated for the purposes of the advocate. (f) Notwithstanding any other provision of state law, the advocate shall act independently of any state official, department, or agency in the performance of his or her duties. (g) The advocate or his or her designee shall be a member of the Georgia Child Fatality Review Panel. 15-11-743. The advocate shall perform the following duties: (1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children; (2) Refer complaints involving abused children to appropriate regulatory and law enforcement agencies; (3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties; (4) Report the death of any child to the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and to provide such subcommittee access to any records of the advocate relating to such child; (5) Provide periodic reports on the work of the Office of the Child Advocate for the 1944 JOURNAL OF THE SENATE Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy; (6) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article, including without limitation providing DFCS with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by DFCS, in DFCS offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting that office; and (7) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia. 15-11-744. (a) The advocate shall have the following rights and powers: (1) To communicate privately, by mail or orally, with any child and with each child's parent, guardian, or legal custodian; (2) To have access to all records and files of DFCS concerning or relating to a child, and to have access, including the right to inspect, copy, and subpoena records held by clerks of the various courts, law enforcement agencies, service providers, including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatment within this state. To the extent any such information provides the names and addresses of individuals who are the subject of any confidential proceeding or statutory confidentiality provisions, such names and addresses or related information that has the effect of identifying such individuals shall not be released to the public without the consent of such individuals. The Office of the Child Advocate for the Protection of Children shall be bound by all confidentiality safeguards provided in Code Sections 49-5-40 and 49-5-44. Anyone wishing to obtain records held by the Office of the Child Advocate shall petition the original agency of record where such records exist; (3) To enter and inspect any and all institutions, facilities, and residences, public and private, where a child has been placed by a court or DFCS and is currently residing. Upon entering such a place, the advocate shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any children. After notifying the administrator or the person in charge of the facility, the advocate may communicate privately and confidentially with children in the facility, individually or in groups, or the advocate may inspect the physical plant. To the extent possible, entry and investigation provided by this Code section shall be THURSDAY, MARCH 21, 2013 1945 conducted in a manner which will not significantly disrupt the provision of services to children; (4) To apply to the Governor to bring legal action in the nature of a writ of mandamus or application for injunction pursuant to Code Section 45-15-18 to require an agency to take or refrain from taking any action required or prohibited by law involving the protection of children; (5) To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies, independent authorities, private firms, individuals, and foundations for the purpose of carrying out the lawful responsibilities of the Office of the Child Advocate for the Protection of Children; (6) When less formal means of resolution do not achieve appropriate results, to pursue remedies provided by this article on behalf of children for the purpose of effectively carrying out the provisions of this article; and (7) To engage in programs of public education and legislative advocacy concerning the needs of children requiring the intervention, protection, and supervision of courts and state and county agencies. (b)(1) Upon issuance by the advocate of a subpoena in accordance with this article for law enforcement investigative records concerning an ongoing investigation, the subpoenaed party may move a court with appropriate jurisdiction to quash such subpoena. (2) The court shall order a hearing on the motion to quash within five days of the filing of the motion to quash, and the hearing may be continued for good cause shown by any party or by the court on its own motion. Subject to any right to an open hearing in contempt proceedings, such hearing shall be closed to the extent necessary to prevent disclosure of the identity of a confidential source; disclosure of confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons; or disclosure of the existence of confidential surveillance, investigation, or grand jury materials or testimony in an ongoing criminal investigation or prosecution. Records, motions, and orders relating to a motion to quash shall be kept sealed by the court to the extent and for the time necessary to prevent public disclosure of such matters, materials, evidence, or testimony. (c) The court shall, at or before the time specified in the subpoena for compliance therewith, enter an order: (1) Enforcing the subpoena as issued; (2) Quashing or modifying the subpoena if it is unreasonable and oppressive; or (3) Conditioning enforcement of the subpoena on the advocate maintaining confidential any evidence, testimony, or other information obtained from law enforcement or prosecution sources pursuant to the subpoena until the time the criminal investigation and prosecution are concluded. Unless otherwise ordered by the court, an investigation or prosecution shall be deemed to be concluded when the information becomes subject to public inspection pursuant to Code Section 50-18-72. The court shall include in its order written findings of fact and conclusions of law. 1946 JOURNAL OF THE SENATE 15-11-745. (a) No person shall discriminate or retaliate in any manner against any child, parent, guardian, or legal custodian of a child, employee of a facility, agency, institution or other type of provider, or any other person because of the making of a complaint or providing of information in good faith to the advocate or willfully interfere with the advocate in the performance of his or her official duties. (b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor. 15-11-746. The advocate shall be authorized to request an investigation by the Georgia Bureau of Investigation of any complaint of criminal misconduct involving a child. 15-11-747. (a) There is established a Child Advocate Advisory Committee. The advisory committee shall consist of: (1) One representative of a not for profit children's agency appointed by the Governor; (2) One representative of a for profit children's agency appointed by the Lieutenant Governor; (3) One pediatrician appointed by the Speaker of the House of Representatives; (4) One social worker with experience and knowledge of child protective services who is not employed by the state appointed by the Governor; (5) One psychologist appointed by the Lieutenant Governor; (6) One attorney from the Children and the Courts Committee of the State Bar of Georgia appointed by the Speaker of the House of Representatives; and (7) One juvenile court judge appointed by the Chief Justice of the Supreme Court. Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the same manner as the original appointment. (b) The advisory committee shall meet a minimum of three times a year with the advocate and his or her staff to review and assess the following: (1) Patterns of treatment and service for children; (2) Policy implications; and (3) Necessary systemic improvements. The advisory committee shall also provide for an annual evaluation of the effectiveness of the Office of the Child Advocate for the Protection of Children." PART II PLACEMENT OF JUVENILE OFFENDERS SECTION 2-1. Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally and the placement of juvenile THURSDAY, MARCH 21, 2013 1947 offenders, is amended by revising subsection (b), as follows: "(b) The department may establish separate correctional or similar institutions for the separation and care of juvenile offenders. The commissioner may transfer any juvenile under 17 years of age from the penal institution in which he or she is serving to the Department of Juvenile Justice, provided that the transfer is approved thereby. The juvenile may be returned to the custody of the commissioner when the commissioner of juvenile justice determines that the juvenile is unsuited to be dealt with therein. The commissioner may accept a juvenile for transfer into a penal institution upon the request of the commissioner of juvenile justice if such juvenile is 16 years of age or older and has been committed to the Department of Juvenile Justice for a class A designated felony act or class B designated felony act, as defined by Code Section 1511-2, and such juvenile's behavior presents a substantial danger to any person at or within a Department of Juvenile Justice facility. In the event of such transfer, the department shall have the same authority over and responsibility for such juvenile as the Department of Juvenile Justice has for such juvenile and shall maintain sight and sound separation as set forth in paragraph (5) of subsection (c) of Code Section 15-11504." PART III DEPARTMENT OF JUVENILE JUSTICE AND CHILDREN AND YOUTH SERVICES SECTION 3-1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Code Section 49-4A-1, relating to definitions, as follows: "49-4A-1. As used in this chapter, the term: (1) 'Board' means the Board of Juvenile Justice. (2) 'Child in need of services' means any child so adjudged under Article 5 of Chapter 11 of Title 15. (2)(3) 'Commissioner' means the commissioner of juvenile justice. (3)(4) 'Delinquent or unruly child or youth' means any person child so adjudged under Article 1 6 of Chapter 11 of Title 15. (4)(5) 'Department' means the Department of Juvenile Justice. (6) 'Detention assessment' means an actuarial tool, approved by the board and validated on a targeted population, used to make detention decisions and that identifies and calculates specific factors that are likely to indicate a child's risk to public safety pending adjudication and the likelihood that such child will appear for juvenile proceedings for the act causing the detention decision to be made. (7) 'Evidence based programs or practices' means programs, practices, procedures, and policies that scientific research demonstrates a likelihood to prevent or reduce juvenile delinquency or recidivism. (8) 'Juvenile detention facility' means hardware secure residential institutions or 1948 JOURNAL OF THE SENATE community residential locations operated by or on behalf of the department and may include youth development centers, regional youth detention centers, group homes, emergency shelters, wilderness or outdoor therapeutic programs, or other facilities that provide 24 hour care in a residential setting. (9) 'Recidivism' means a conviction or adjudication of delinquency for an offense or crime committed within three years of being placed on probation or being discharged or released from a juvenile detention facility. (10) 'Risk and needs assessment' means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child's likelihood of recidivating and identifies criminal risk factors that, when properly addressed, can reduce such child's likelihood of recidivating. (11) 'Risk assessment' means an actuarial tool, approved by the board and validated on a targeted population, that identifies and calculates specific factors that predict a child's likelihood of recidivating." SECTION 3-2. Said chapter is further amended by revising subsection (b) of Code Section 49-4A-2, relating to the creation of the Board of Juvenile Justice, as follows: "(b) The board shall: (1) Provide provide leadership in developing programs to successfully rehabilitate juvenile delinquents and unruly children delinquent children committed to the state's custody and to provide; (2) Provide technical assistance to private and public entities for prevention programs for children at risk; (3) Ensure that detention assessment, risk assessment, and risk and needs assessment instruments that are utilized by intake personnel and courts are developed in consultation with the Governor's Office for Children and Families and the Council of Juvenile Court Judges and ensure that such instruments are validated at least every five years; (4) Adopt rules and regulations governing the management and treatment of children committed to the department to ensure that evidence based programs or practices, including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to placing a committed child in a facility or into the community, preparing a child's release into the community, and managing children probationers in the community; and (5) Require the department to collect and analyze data and performance outcomes, including, but not limited to, data collected and maintained pursuant to subsection (n) of Code Section 49-4A-8 and prepare an annual report regarding such information which shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Judiciary Non-civil and the Senate State Judiciary Committee." THURSDAY, MARCH 21, 2013 1949 SECTION 3-3. Said chapter is further amended by revising Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice, as follows: "49-4A-3. (a) There is created the Department of Juvenile Justice and the position of commissioner of juvenile justice. The Department of Juvenile Justice shall be the successor entity to the Department of Children and Youth Services and the change is intended to be one of name only; and the commissioner of juvenile justice shall be the successor to the commissioner of children and youth services and the change is intended to be one of name only. The commissioner shall be the chief administrative officer of the Department of Juvenile Justice department and shall be both appointed and removed by the board, subject to the approval of the Governor. The commissioner of human services may shall not also serve as the commissioner of juvenile justice. Subject to the general policy and rules and regulations of the board, the commissioner of juvenile justice shall supervise, direct, account for, organize, plan, administer, and execute the functions of the Department of Juvenile Justice department. (b) The department shall provide for supervision, detention, and rehabilitation of juvenile delinquents delinquent children committed to the state's custody. The department shall also be authorized to operate prevention programs and to provide assistance to local public and private entities with prevention programs for juveniles children at risk. In lieu of commitment Additionally, the department will shall be authorized to provide for specialized treatment for juvenile offenders, in lieu of commitment, who have been found to be sex offenders or drug abusers children adjudicated for delinquent acts involving sexual offenses or controlled substances and who may have behavior disorders. The department's organization, operation, and implementation shall be based on the following: (1) Development of a comprehensive continuum of service options using evidence based programs or practices through flexible funding to allow providers to respond to the unique needs and capabilities of individual children and families; (2) Services implemented so that each child and family served can have a personal relationship with staff, providers, and workers, which staff, providers, and workers shall be trained and treated as professionals, have a range of multidisciplinary skills, and have manageable caseloads; (3) Services shall be based on evidence based programs or practices and be community centered and responsive to local needs with state and local and public and private entities forming cooperative partnerships that enhance informal support systems for families; (4) Systems that are accountable, with desired outcomes specified, results measured and evaluated, and cost-efficient options maximized; (5) Intersystem communication and collaboration that are encouraged and facilitated through coordination of systems so that gaps and unnecessary duplications in planning, funding, and providing services are eliminated; (6) Being consumer The department shall be consumer driven and responsive to the 1950 JOURNAL OF THE SENATE changing needs of individual communities; and (7) Encouraging The department shall encourage the central location of various services whenever possible." SECTION 3-4. Said chapter is further amended by revising Code Section 49-4A-4, relating to purpose of chapter, as follows: "49-4A-4. It is the purpose of this chapter to establish the department as the agency to administer, supervise, and manage juvenile detention facilities. Except for the purposes of administration, supervision, and management as provided in this chapter, juvenile detention facilities shall continue to be detention care facilities for delinquent and unruly children and youth for the purposes of Article 1 of Chapter 11 of Title 15, relating to juvenile courts and juvenile proceedings." SECTION 3-5. Said chapter is further amended by revising subsection (a) of Code Section 49-4A-5, relating to transfer of functions and employees of the Division of Youth Services and personnel administration, as follows: "(a) The department shall carry out all functions and exercise all powers relating to the administration, supervision, and management of juvenile detention facilities, including youth development centers, and jurisdiction over said youth development centers and other such juvenile detention facilities is vested in the department." SECTION 3-6. Said chapter is further amended by revising Code Section 49-4A-6, relating to rules and regulations, as follows: "49-4A-6. (a) The board shall adopt rules and regulations for the government, operation, administration, and maintenance of youth development centers and other juvenile detention facilities by the department and may also adopt such other rules and regulations for the government and operation of the department as the board may deem necessary consistent with the provisions of this chapter. (b) Rules and regulations adopted by the board under subsection (a) of this Code section shall recognize that a primary purpose of youth development centers and other juvenile detention facilities is to carry out rehabilitative programs using evidence based programs or practices to the end that children and youth housed in said centers shall such facilities develop their self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are qualified for honorable employment." SECTION 3-7 Said chapter is further amended by revising Code Section 49-4A-7, relating to powers and duties of the department, as follows: THURSDAY, MARCH 21, 2013 1951 "49-4A-7. (a) The department shall be authorized to: (1) Accept for detention in a youth development center or other juvenile detention facility any child who is committed to the department under Article 1 6 of Chapter 11 of Title 15; (2) Provide probation and parole and other court services for children and youth pursuant to a request from a court under Article 1 6 of Chapter 11 of Title 15; (3) Provide casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state or from their home communities in this state to another state or from their home communities in another state to this state; pay the costs of returning such runaway children and youths to their home communities; and provide such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39; (4) Enter into contracts and cooperative agreements with federal, state, county, and municipal governments and their agencies and departments; enter into contracts with public and private institutions and agencies of this and other states; enter into leases with private vendors selected to operate programs on behalf of the department which leases shall run concurrently with the department's service contracts; provided, however, that any such lease shall provide that if the property which is the subject of the lease is sold and conveyed during the term of the lease, such lease shall expire by operation of law 90 days after the closing of such sale and conveyance; and enter into contracts with individuals, as may be necessary or desirable in effectuating the purposes of this chapter; and (5) Solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes. (b) When given legal custody over a child or youth for detention in a youth development center or other juvenile detention facility under court order under Article 1 6 of Chapter 11 of Title 15, the department shall have: (1) The right of physical possession of the such child or youth; (2) The right and duty to protect, train, and discipline the such child or youth; (3) The responsibility to provide the such child or youth with food, clothing, shelter, and education; (4) The right to determine in which facility the such child or youth shall live and to transfer such child as provided in subsection (b) of Code Section 42-5-52; and (5) The right and duty to provide or obtain for a such child or youth medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians. (c) The board may authorize the commissioner to enter into contracts and agreements provided for in this Code section subject to the approval of the board or may, through appropriate action of the board, delegate such authority to the commissioner; provided, however, that any contract or agreement that provides services to delinquent children 1952 JOURNAL OF THE SENATE shall be a performance based contract that includes financial incentives or consequences based on the results achieved by the contractor as measured by output, quality, or outcome measures." SECTION 3-8. Said chapter is further amended by revising Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows: "49-4A-8. (a) When any child or youth is adjudged to be in a state of delinquency or unruliness under Article 1 of Chapter 11 of Title 15 and the court does not release such a delinquent child or youth unconditionally or place him or her on probation or in a suitable public or private institution or agency, the court may commit him such child to the department as provided in said Article 1 6 of Chapter 11 of Title 15; provided, however, that no delinquent or unruly child or youth shall be committed to the department until the department certifies to the Governor that it has facilities available and personnel ready to assume responsibility for delinquent or unruly children and youths. (b) When the court commits a delinquent or unruly child to the department, it may order the such child conveyed forthwith to any facility designated by the department or direct that the such child be left at liberty until otherwise ordered by the department under such conditions as will ensure his or her availability and submission to any orders of the department. If such delinquent or unruly child is ordered conveyed to the department, the court shall assign an officer or other suitable person to convey such child to any facility designated by the department, provided that the person assigned to convey a girl must be a female. The cost of conveying such child committed to the department to the facility designated by the department shall be paid by the county from which such child is committed, provided that no compensation shall be allowed beyond the actual and necessary expenses of the party conveying and the child conveyed. (c) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department electronically submit a certified copy of the order of commitment to the department, and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect pertaining to the case, including, but not limited to, any predisposition investigation report as set forth in Code Section 15-11-590 and any risk assessment. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department. (d)(1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and study the such child and investigate all pertinent circumstances of his or her life and behavior. The department shall make periodic reexaminations of all delinquent or unruly such children within its control, except those on release under supervision of the department. Such reexaminations may be made as frequently as the THURSDAY, MARCH 21, 2013 1953 department considers desirable, and shall be made with respect to every such child shall be reexamined at intervals not exceeding one year. Failure of the department to examine a delinquent or unruly child such a child committed to it or to reexamine him or her within one year of a previous examination shall not of itself entitle the such child to discharge from control of the department but shall entitle the such child to petition the committing court for an order of discharge; and the court shall discharge him or her unless the department, upon due notice, satisfies the court of the necessity of further control. (2) The department shall keep written records of all examinations and reexaminations, of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the department with respect pertaining to a delinquent or unruly child committed to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to regarding disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles. (e) Except as provided by subsection (e.1) of this Code section and subsection (b) (c) or (d) of Code Section 15-11-70 15-11-602, when a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for the such child's care and treatment has been completed, the department may: (1) Permit the such child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order the such child's confinement under such conditions as the department may believe best designed to serve the such child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desirable; (4) Revoke or modify any order of the department affecting the such child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge the such child from control of the department pursuant to Code Section 15-11-32 and subsection (a) (c) of Code Section 15-11-70 15-11-607 when it is satisfied that such discharge will best serve the such child's welfare and the protection of the public. (e.1)(1) When a child who has been adjudicated delinquent for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-63 15-11-2 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the such child's delinquent acts that the such child is being released from confinement or custody. (2) As long as a good faith attempt to comply with paragraph (1) of this subsection 1954 JOURNAL OF THE SENATE has been made, the The department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection. (3) When a child convicted of a felony offense in a superior court is released from confinement or custody of the department, the department shall provide written notice, including the delinquent act or class A designated felony act or class B designated felony act committed, to the superintendent of the school system in which such child was enrolled or, if the information is known, the school in which such child was enrolled or plans to be enrolled. (4) As long as a good faith attempt to comply with paragraph (3) of this subsection has been made, the The department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide notice required by paragraph (3) of this subsection. (f) As a means of correcting the socially harmful tendencies of a delinquent or unruly child committed to it, the department may: (1) Require participation by youth such child in moral, academic, vocational, physical, and correctional training and activities, and provide youth such child the opportunity for religious activities where practicable in the institutions under the control and supervision of the department; (2) Require such modes of life and conduct as may seem best adapted to fit and equip him or her for return to full liberty without danger to the public; (3) Provide such medical, psychiatric, or casework treatment as is necessary; or (4) Place him or her, if physically fit, in a park, maintenance camp, or forestry camp or on a ranch owned by the state or by the United States and require any child so housed to perform suitable conservation and maintenance work, provided that the children shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabilitate the children rather than to make the camps selfsustaining. (g) When funds are available, the department may: (1) Establish and operate places for detention and diagnosis of all delinquent or unruly children committed to it; (2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits and different mental and physical conditions, according to their needs; and (3) Establish parole or aftercare supervision to aid children given conditional release to find homes and employment and otherwise to assist them to become reestablished in the community and to lead socially acceptable lives. (h) Whenever the department finds that any delinquent or unruly child committed to the department is mentally ill or mentally retarded has a developmental disability, as defined in Code Section 15-11-2, the department shall have the power to return such delinquent or unruly child to the court of original jurisdiction for appropriate disposition by that court or may, if it so desires, request the court having jurisdiction in THURSDAY, MARCH 21, 2013 1955 the county in which the youth development center or other juvenile detention facility is located to take such action as the condition of the child may require. (i)(1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center juvenile detention facility or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the such written request mentioned above must shall be reviewed by the commissioner or his or her designee. If the commissioner or his or her designee finds that probable cause exists to believe that the such child has violated his or her conditions of supervision, he or she may issue an order directing that the such child be picked up and returned to custody. (2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children or children in need of services in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children or children in need of services retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or a juvenile detention facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers such facilities or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the 1956 JOURNAL OF THE SENATE same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126 and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children or children in need of services detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must shall be certified under that chapter. (3) For the purposes of investigation of delinquent or unruly children who have escaped from institutions or juvenile detention facilities of the department or of delinquent or unruly children who are alleged to have broken the conditions of supervision, the department is empowered and authorized to request and receive from the Georgia Crime Information Center, established by Chapter 3 of Title 35, any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children. (4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision, or a child may be taken into custody pursuant to Code Section 15-11-45 15-11-501. When taking a child into custody pursuant to this paragraph, a designated employee of the department shall have the power to use all force reasonably necessary to take the such child into custody. (5) The child shall be kept in custody in a suitable place designated by the department and there detained until such child may be returned to the custody of the department. (6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to this subsection shall have the same immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant. (j) The department shall ensure that each delinquent or unruly child it releases under supervision or otherwise has suitable clothing, transportation to his or her home or to the county in which a suitable home or employment has been found for him or her, and such an amount of money as the rules and regulations of the board may authorize. The expenditure for clothing and for transportation and the payment of money to a delinquent or unruly such child released may be made from funds for support and maintenance appropriated by the General Assembly to the department or to the institution from which such child is released or from local funds. (k) Every child committed to the department as delinquent or unruly, if not already discharged, shall be discharged from custody of the department when he or she reaches his or her twenty-first birthday. (l) Commitment of a delinquent or unruly child to the custody of the department shall THURSDAY, MARCH 21, 2013 1957 not operate to disqualify such child in any future examination, appointment, or application for public service under the government either of the state or of any political subdivision thereof. (m) A commitment to the department shall not be received in evidence or used in any way in any proceedings in any court, except in subsequent proceedings for delinquency or unruliness being in need of services involving the same child and except in imposing sentence in any criminal proceeding against the same person. (n)(1) The department shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the department shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the department and shall tabulate, analyze, and publish in print or electronically annually these data so that they may be used to evaluate the relative merits of methods of treatment. The department shall cooperate and coordinate with courts, juvenile court clerks, the Governor's Office for Children and Families, and public and private agencies in the collection of statistics and information regarding juvenile delinquency; arrests made; complaints, informations, and petitions filed; the disposition made thereof; and other information useful in determining the amount and causes of juvenile delinquency in this state: (A) Juvenile delinquency; (B) Arrests made; (C) Detentions made, the offense for which such detention was authorized, and the reason for each detention; (D) Complaints filed; (E) Informations filed; (F) Petitions filed; (G) The results of complaints, informations, and petitions, including whether such filings were dismissed, diverted, or adjudicated; (H) Commitments to the department, the length of such commitment, and releases from the department; (I) The department's placement decisions for commitments; (J) Placement decisions to institutions, camps, or other facilities for delinquent children operated under the direction of courts or other local public authorities; (K) Community programs utilized and completion data for such programs; (L) Recidivism; (M) Data collected by juvenile court clerks pursuant to Code Section 15-11-64; and (N) Other information useful in determining the amount and causes of juvenile delinquency in this state. (2) In order to facilitate the collection of such the information required by paragraph (1) of this subsection, the department shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to juveniles and collect data from juvenile court clerks. (o) When a child who is committed to the department is under court order to make 1958 JOURNAL OF THE SENATE certain restitution as a part of his or her treatment by the court, the requirement that the restitution be paid in full shall not cease with the order of commitment. The provision of the order requiring restitution shall remain in force and effect during the period of commitment, and the department is empowered to enforce said such restitution requirement and to direct that payment of funds or notification of service completed be made to the clerk of the juvenile court or another employee of that court designated by the judge." SECTION 3-9. Said chapter is further amended by revising subsections (b) and (e) of Code Section 494A-9, relating to sentence of youthful offenders, as follows: "(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing or paroling any child adjudicated for committing a delinquent act for the commission of a class A designated felony act or class B designated felony act as defined in Code Section 15-11-63 15-11-2 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. So As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection." "(e) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center juvenile detention facility programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Georgia Vocational Rehabilitation Agency and the Department of Behavioral Health and Developmental Disabilities, and under the general supervision of youth development center juvenile detention facility staff at special planned activities outside of the youth development center juvenile detention facility. When such a child sentenced in the superior court is approaching his or her seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and THURSDAY, MARCH 21, 2013 1959 progress of the child in programs described in this subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his or her sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law." SECTION 3-10. Said chapter is further amended by revising Code Section 49-4A-10, relating to escape from a youth detention center, petition, and commitment, as follows: "49-4A-10. Whenever any child shall escape from any youth detention center juvenile detention facility, the department shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a youth detention center juvenile detention facility under the jurisdiction of the department or to another institution under the Department of Corrections." SECTION 3-11. Said chapter is further amended by revising Code Section 49-4A-11, relating to aiding or encouraging a child to escape and hindering apprehension of a child, 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 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 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 punished by imprisonment for not less than one nor more than five years." SECTION 3-12. Said chapter is further amended by revising subsection (c) of Code Section 49-4A-16, relating to unlawful crossing or passage of certain items across guard lines and penalty, as follows: "(c) The provisions of this Code section shall not apply when the commissioner or director of the juvenile detention center or youth development center facility has provided authorization for the introduction of the items listed in subsection (b) of this Code section into such center facility." 1960 JOURNAL OF THE SENATE SECTION 3-13. Said chapter is further amended by revising Code Section 49-4A-17, relating to introduction of certain items into a juvenile detention center or youth development center prohibited and commerce with incarcerated youth, as follows: "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 facility, it shall be unlawful for any person to take into or cause to be introduced into such center facility any item which such person has been directed not to take into such center: (A) Verbally by a staff member of such center facility; (B) In writing by a staff member of such center facility; or (C) As directed by the rules, regulations, or policies of such center facility. (2) Any item taken into a center facility 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 child assigned to a juvenile detention center or youth development center facility without the knowledge and consent of the commissioner or the director in charge of such center facility. 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." PART IV CROSS REFERENCES SECTION 4-1. Code Section 1-2-8 of the Official Code of Georgia Annotated, relating to rights of minors, is revised as follows: "1-2-8. The law prescribes certain ages at which persons shall be considered of sufficient maturity to discharge certain civil functions, to make contracts, and to dispose of property. Prior to those ages they are minors and are, on account of that disability, unable to exercise these rights as citizens unless such minor becomes emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15." SECTION 4-2. Code Section 5-7-1 of the Official Code of Georgia Annotated, relating to orders, decisions, or judgments appealable by the state, is amended by revising paragraph (6) of subsection (a) as follows: "(6) From an order, decision, or judgment of a superior court transferring a case to THURSDAY, MARCH 21, 2013 1961 the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 1511-560;" SECTION 4-3. Code Section 13-3-20 of the Official Code of Georgia Annotated, relating to minors and contracts for property or valuable consideration and contracts for necessities, is revised as follows: "13-3-20. (a) Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age of 18, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, the minor shall have thereby ratified or affirmed the contract and it shall be binding on him or her. Such contractual transaction shall also be binding upon any minor who becomes emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15. (b) The contract of a minor for necessaries shall be binding on the minor as if the minor were 18 years of age except that the party furnishing them to the minor shall prove that the parent or guardian of such minor had failed or refused to supply sufficient necessaries for the minor, that the minor was emancipated by operation of law, or the minor was emancipated pursuant to Article 6 10 of Chapter 11 of Title 15." SECTION 4-4. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows: "15-18-6.1. (a) The district attorney shall be responsible for representing the state in any appeal from the juvenile court. Except as provided in subsection (c) of this Code section, the district attorney shall be responsible for representing the state in the prosecution of delinquency cases in the juvenile court. The district attorney may designate assistant district attorneys, investigators, victim and witness assistance personnel, and other employees to assist in juvenile court. (b) In counties with a solicitor-general for the state court, the solicitor-general may, with the approval of the district attorney, represent the state in prosecution of juvenile traffic offenses and in any delinquency case arising out of the operation of a motor vehicle or a watercraft. (c) If as a result of workload, lack of staff, or other cause the district attorney determines that his or her office cannot provide representation for the state in a juvenile court of a county, other than for an appeal, the district attorney shall notify in writing the chief judge of superior court, the judge or judges of the juvenile court, and the chairperson of the county governing authority of such county of such determination. A copy of such notice shall be provided to the Prosecuting Attorneys' Council of the State of Georgia. If the district attorney determines that his or her office may resume representation in juvenile court, he or she shall notify the chief judge of the superior 1962 JOURNAL OF THE SENATE court, the judge or judges of the juvenile court, and the chairperson of the county governing authority in writing. (d) Upon receipt of the notice set forth in subsection (c) of this Code section, the governing authority of such county may appoint one or more attorneys to represent the state in prosecuting delinquency cases in juvenile court. Such attorney shall be compensated in an amount to be fixed by the governing authority of such county. The governing authority shall determine and state in writing whether an attorney shall serve on a full-time or part-time basis. An attorney appointed to serve on a full-time basis shall not engage in the private practice of law. An attorney appointed to serve on a part-time basis may engage in the private practice of law, but shall not represent a child charged with committing a delinquent act in the juvenile court of the county in which he or she serves as part-time prosecutor nor may he or she appear in any matter in which he or she has exercised jurisdiction. (e) An attorney appointed pursuant to subsection (d) of this Code section shall have all of the powers, duties, and authority of the district attorney with regard to delinquency cases and shall be subject to all laws and rules governing the conduct of prosecuting attorneys in this state. If such attorney is disqualified from interest or relationship to engage in prosecution, the provisions of Code Section 15-18-5 shall apply." SECTION 4-5. Said title is further amended by revising subsection (e) of Code Section 15-23-7, relating to collection of additional legal costs in civil actions for purposes of providing courtconnected or court-referred alternative dispute resolution programs, as follows: "(e) Juvenile court supervision fees collected pursuant to Code Section 15-11-71 1511-37 may be used for mediation services provided by court programs pursuant to this chapter." SECTION 4-6. Said title is further amended by revising Code Section 15-23-10, relating to the determination of need as prerequisite to establishment of program, as follows: "15-23-10. No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chapter shall be available to any court, including the juvenile court, which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices. Pursuant to the standards set forth in the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices, the funding mechanism set forth in this chapter shall be available to court programs in which cases THURSDAY, MARCH 21, 2013 1963 are screened by the judge or by the program director under the supervision of the judge on a case-by-case basis to determine whether: (1) The case is appropriate for the process; (2) The parties are able to compensate the neutral if compensation is required; and (3) A need for emergency relief makes referral inappropriate until the request for relief is heard by the court." SECTION 4-7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraphs (1) and (3) of subsection (a) of Code Section 16-5-45, relating to interference with custody, as follows: "(1) 'Child' means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived dependent child or an unruly child a child in need of services as such terms are defined in Code Section 1511-2." "(3) 'Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-45 15-11-133, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction." SECTION 4-8. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 16-10-52, relating to escape, as follows: "(3) Having been adjudicated of a delinquent or unruly act or a juvenile traffic offense, or as a child in need of services subject to lawful custody or lawful confinement, intentionally escapes from lawful custody or from any place of lawful confinement;" SECTION 4-9. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 16-11-101.1, relating to furnishing a pistol or revolver to a person under the age of 18 years, as follows: "(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent act under the provisions of Article 1 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-13, if such minor were an adult." SECTION 4-10 Said title is further amended by revising subsection (b) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school 1964 JOURNAL OF THE SENATE property, as follows: "(b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. (3) Any person convicted of a violation of this subsection involving a dangerous weapon or machine gun, as such terms are defined in Code Section 16-11-121, shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (4) A child who violates this subsection may be subject to the provisions of Code Section 15-11-63 15-11-601." SECTION 4-11. Said title is further amended by revising subsection (d) of Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows: "(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated for committing a delinquent act under the provisions of Article 1 6 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult." SECTION 4-12. Said title is further amended by revising paragraph (3) of subsection (a) and subsections (b) and (c) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows: "(3) 'Minor' means any individual who is under the age of 17 years who is alleged to have committed a delinquent act or any individual under the age of 18 years who is alleged to be a deprived child or an unruly child as such terms are defined in Code Section 15-11-2." "(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation dependency of a minor or causing a child to be a child in need of services when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in THURSDAY, MARCH 21, 2013 1965 committing an act which would cause such minor to be found to be an unruly a child in need of services as such term is defined in Code Section 15-11-2; provided, however, that this paragraph shall not apply to a service provider that notifies the minor's parent, guardian, or legal custodian of the minor's location and general state of well being well-being as soon as possible but not later than 72 hours after the minor's acceptance of services; provided, further, that such notification shall not be required if: (A) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-75; (B) The minor will not disclose the name of the minor's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; or (C) The minor's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the minor's acceptance of services; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found adjudicated to be a deprived dependent child as such term is defined in Code Section 15-11-2; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found adjudged to be unruly or deprived a dependent child or a child in need of services." SECTION 4-13. Said title is further amended by revising subsections (c), (e), and (g) of Code Section 1612-141.1, relating to disposal of aborted fetuses, as follows: "(c) Within 90 days after May 10, 2005, the Department of Human Resources (now 1966 JOURNAL OF THE SENATE known as the Department of Public Health for these purposes) shall prepare a reporting form for physicians which shall include: (1) The number of females whose parent or guardian was provided the notice required in paragraph (1) of subsection (a) of Code Section 15-11-112 15-11-682 by the physician or such physician's agent; of that number, the number of notices provided personally under subparagraphs (a)(1)(A) and (a)(1)(B) of Code Section 1511-112 15-11-682 and the number of notices provided by mail under subparagraph (a)(1)(C) of Code Section 15-11-112 15-11-682; and, of each of those numbers, the number of females who, to the best of the reporting physician's information and belief, went on to obtain the abortion; (2) The number of females upon whom the physician performed an abortion without providing to the parent or guardian of a minor the notice required by subsection (a) of Code Section 15-11-112 15-11-682; and of that number, the number of females for which subsection (b) of Code Section 15-11-112 15-11-682 and Code Section 15-11116 15-11-686 were applicable; (3) The number of abortions performed upon a female by the physician after receiving judicial authorization pursuant to subsection (b) of Code Section 15-11-112 15-11-682 and Code Section 15-11-114 15-11-684; and (4) The same information described in paragraphs (1), (2), and (3) of this subsection with respect to females for whom a guardian or conservator has been appointed." "(e) By February 28 of each year following a calendar year in any part of which this subsection was in effect, each physician who provided, or whose agent provided, the notice described in subsection (a) of Code Section 15-11-112 15-11-682 and any physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Public Health a copy of the form described in subsection (c) of this Code section with the requested data entered accurately and completely." "(g) By June 30 of each year, the Department of Public Health shall issue a public report providing statistics for the previous calendar year compiled from all the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (c) of this Code section. The report shall also include statistics which shall be obtained by the Administrative Office of the Courts giving the total number of petitions or motions filed under subsection (b) of Code Section 15-11-112 15-11-682 and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of such appeals that resulted in the denials being affirmed, and the number of such appeals that resulted in reversals of such denials. Each report shall also provide the statistics for all previous calendar years for which such a public statistical report was required to be issued, adjusted to reflect any additional information from late or corrected reports. The Department of Public Health shall THURSDAY, MARCH 21, 2013 1967 ensure that none of the information included in the public reports could reasonably lead to the identification of any individual female or of any female for whom a guardian or conservator has been appointed." SECTION 4-14. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-4-25.1, relating to the transport of an arrested person to a jurisdiction in which an offense was committed and transport of prisoner outside a county or municipality, as follows: "17-4-25.1. (a) As provided in subsection (e) of this Code section, a sworn law enforcement officer from a county or municipality in which an offense is alleged to have been committed shall be authorized to transport an arrested person, with the warrant under which such person was arrested, from one jurisdiction to the county or municipality in which the offense is alleged to have been committed for examination before any judicial officer of that county or municipality. (b) Unless otherwise provided by contract, the agency transporting requesting the transportation of the arrested person pursuant to subsection (a) of this Code section shall be responsible for all costs associated with the transport. Such officer may hold or imprison the arrested person in a jurisdiction other than where the offense is alleged to have been committed long enough to enable such officer to prepare to take the arrested person to the jurisdiction in which the offense is alleged to have been committed. (c) A sworn law enforcement officer from a county or municipality shall be authorized to transport a prisoner who is lawfully in the custody of such officer to a medical facility, youth development center juvenile detention facility as defined in Code Section 49-4A-1, or court appearance outside such county or municipality or to transport such prisoner to a location outside such county or municipality for any lawfully required or necessary purpose. (d) This Code section shall not be construed to provide any general state-wide police powers or authority for county or municipal law enforcement officers or expand the arrest powers of such officers outside their properly authorized jurisdiction. (e) Sheriffs and, with the approval of its governing authority, municipal or other law enforcement agency heads are authorized to enter into a contract for the purposes of transporting arrested individuals from the jurisdiction of the arrest to an appropriate detention facility where the alleged crime is to have occurred. In the absence of a written contract between the sheriff and municipal or other law enforcement agency head, the sheriff or his or her designee has the right of first refusal, as evidenced in writing, of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred. Any responsibility arising as a result of the transportation of an arrested individual as authorized in this Code section shall be that of the agency whose employee is transporting the arrested individual." 1968 JOURNAL OF THE SENATE SECTION 4-15. Said title is further amended by revising subsection (a) of Code Section 17-7-50.1, relating to time for presentment of child's case to a grand jury, as follows: "(a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-28 15-11-560 or 15-11-30.2 15-11561, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 180 day period, not to exceed 90 additional days." SECTION 4-16. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 17-7-130, relating to proceedings upon a plea of mental incompetency to stand trial, as follows: "(1) 'Child' means an accused person under the jurisdiction of the superior court pursuant to Code Section 15-11-28 15-11-560." SECTION 4-17. Said title is further amended by revising subsection (e) of Code Section 17-10-1, relating to fixing of sentence, as follows: "(e) In any case involving a felony in which the defendant previously appeared before a juvenile court, the records of the dispositions of the defendant as well as any evidence used in any juvenile court hearing shall be available to the district attorney, the defendant, and the superior court judge in determining sentencing as provided in Code Section 15-11-79.1 15-11-703." SECTION 4-18. Said title is further amended by revising Code Section 17-10-14, relating to committal of person under 17 convicted of a felony, as follows: "17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsections (b) and (c) subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Juvenile Justice to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections. (b) If a child is transferred to superior court according to subsection (b) of Code Section 15-11-30.2 15-11-561 and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such child to the Department of THURSDAY, MARCH 21, 2013 1969 Corrections. Such child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections. (c) In any case where a child 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-28, such child shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections." SECTION 4-19. Said title is further amended by revising paragraph (5) of Code Section 17-14-2, relating to definitions regarding restitution, as follows: "(5) 'Parent' means a person who is the legal mother as defined in paragraph (10.2) of Code Section 15-11-2, the legal father as defined in paragraph (10.1) of Code Section 15-11-2, or the legal guardian. Such term shall not include a foster parent." SECTION 4-20. Said title is further amended by revising subsection (d) of Code Section 17-15-13, relating to debt to state created, as follows: "(d) When a child is adjudicated for committing a delinquent act in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the child pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in paragraph (2) of subsection (a) of Code Section 15-11-66 15-11-601." SECTION 4-21. Said title is further amended by revising subsection (c) of Code Section 17-16-2, relating to applicability of rules of discovery, as follows: "(c) This article shall be deemed to have been automatically invoked, without the written notice provided for in subsection (a) of this Code section, when a defendant has sought discovery pursuant to Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' pursuant to Code Section 15-11-75 Part 8 of Article 6 of Chapter 11 of Title 15, or pursuant to the Uniform Rules for the Juvenile Courts of Georgia where such discovery material is the same as the discovery material that may be provided under this article when a written notice is filed pursuant to subsection (a) of this Code section." SECTION 4-22. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in subsection (b) of Code Section 19-7-1, relating to in whom parental power lies and how such power is lost, by deleting "or" at the end of paragraph (5), by replacing the period with a semicolon at the end of paragraph (6), and by adding two new paragraphs to read as follows: 1970 JOURNAL OF THE SENATE "(7) A superior court order terminating parental rights in an adoption proceeding in accordance with Chapter 8 of this title; or (8) A superior court order terminating parental rights of the legal father or the biological father who is not the legal father of the child in a petition for legitimation, a petition to establish paternity, a divorce proceeding, or a custody proceeding pursuant to this chapter or Chapter 6, 8, or 9 of this title, provided that such termination is in the best interest of such child; and provided, further, that this paragraph shall not apply to such termination when a child has been adopted or is conceived by artificial insemination as set forth in Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2 of Chapter 8 of this title." SECTION 4-23. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 19-7-5, relating to reporting of child abuse, as follows: "(1) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-111 15-11-681." SECTION 4-24. Said title is further amended by revising subsection (d) of Code Section 19-7-22, relating to petition for legitimation of a child, as follows: "(d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28 15-11-11, in the juvenile court of the county in which a deprivation dependency proceeding regarding the child is pending." SECTION 4-25. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 19-8-10, relating to when surrender or termination of parental rights not required, as follows: "(4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4), or (5) of subsection (b) (a) of Code Section 15-11-94 15-11-310," SECTION 4-26. Said title is further amended by revising subparagraph (a)(3)(D) of Code Section 19-8-11, relating to petitioning superior court to terminate parental rights, as follows: "(D) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4), or (5) of subsection (b) (a) of Code Section 15-11-94 15-11-310," SECTION 4-27. Said title is further amended by revising subsection (g) of Code Section 19-8-13, relating to petition for adoption, as follows: "(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code THURSDAY, MARCH 21, 2013 1971 section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where when the adoption is sought under subsection (a) of Code Section 198-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11103 15-11-321, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits." SECTION 4-28. Said title is further amended by revising Code Section 19-10A-4, relating to no criminal prosecution for leaving a child in the custody of a medical facility, as follows: "19-10A-4. A mother shall not be prosecuted for the crimes of cruelty to a child, violating Code Section 16-5-70; contributing to the delinquency, unruliness, or deprivation of a child, Code Section 16-12-1; or abandonment of a dependent child, or Code Section 19-10-1, because of the act of leaving her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position, provided that the newborn child is no more than one week old and the mother shows proof of her identity, if available, to the person with whom the newborn is left and provides her name and address." SECTION 4-29. Said title is further amended by revising Code Section 19-10A-6, relating to reimbursement of medical costs, as follows: "19-10A-6. A medical facility which accepts for inpatient admission a child left pursuant to Code Section 19-10A-4 shall be reimbursed by the Department of Human Services for all reasonable medical and other reasonable costs associated with the child prior to the child being placed in the care of the department. A medical facility shall notify the Department of Human Services at such time as the child is left and at the time the child is medically ready for discharge. Upon notification that the child is medically ready for discharge, the Department of Human Services shall take physical custody of the child within six hours. The Department of Human Services upon taking physical custody shall promptly bring the child before the juvenile court as required by Code Section 1511-47 15-11-145." SECTION 4-30. Said title is further amended by revising Code Section 19-13-20, relating to definitions regarding family violence shelters, as follows: "(5) 'Family violence shelter' means a facility approved by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for 1972 JOURNAL OF THE SENATE detention or placement of children only, as provided in subsection (c) of Code Section 15-11-135 and subsection (a) of Code Section 15-11-48 15-11-504." SECTION 4-31. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraph (3) of Code Section 20-1A-30, relating to definitions for background checks, as follows: "(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph." SECTION 4-32. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 20-2-133, relating to free public instruction, exceptions, eligibility, custody of child, notification of local unit of administration of child's location, transfer and utilization of records, and funding, as follows: "(b)(1) Any child, except a child in a youth development center secure residential facility as defined in Code Section 15-11-2, as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services, or; in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities,; or in a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as so long as the child is physically present in the school district. A child will shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child will shall be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and THURSDAY, MARCH 21, 2013 1973 Developmental Disabilities. No child in a youth development center secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held." SECTION 4-33. Said title is further amended by revising subsection (b) of Code Section 20-2-670, relating to requirements for transferring students beyond sixth grade, as follows: "(b) In lieu of complying with the provision of subsection (a) of this Code section, a transferring student may be admitted on a conditional basis if he or she and his or her parent or legal guardian executes execute a document providing the name and address of the school last attended and authorizing the release of all academic and disciplinary records to the school administration. The parent or guardian shall be notified of the transfer of such records and shall, upon written request made within ten days of such notice, be entitled to receive a copy of such records. Within five days of the receipt of a copy of such records, the parent or guardian may make a written request for and shall be entitled to a hearing before the principal of the school or his or her designee which is the custodian of such records for the purpose of challenging the content of the records. The student or his or her parent or legal guardian shall also disclose on the same document as the release whether the child has ever been adjudicated guilty of the commission of a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-63 15-11-2 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed. Any form document to authorize the release of records which is provided by a school to a transferring student or such student's parent or legal guardian shall include a list of class A designated felony acts or class B designated felony acts. The student or his or her parent or legal guardian shall also disclose on the document whether the student is currently serving a suspension or expulsion from another school, the reason for such discipline, and the term of such discipline. If a student so conditionally admitted is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible, he or she shall be dismissed from enrollment until such time as he or she becomes so eligible." SECTION 4-34. Said title is further amended by revising Code Section 20-2-671, relating to transfer students who have committed felony acts, as follows: 1974 JOURNAL OF THE SENATE "20-2-671. If any school administrator determines from the information obtained pursuant to Code Section 15-11-63 15-11-602 or 20-2-670 or from any other source that a student has committed a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-2, such administrator shall so inform all teachers to whom the student is assigned that they may review the information in the student's file provided pursuant to subsection (b) of Code Section 20-2-670 received from other schools or from the juvenile courts. Such information shall be kept confidential." SECTION 4-35. Said title is further amended by revising paragraphs (5) and (14) of subsection (c) and subsection (g) of Code Section 20-2-690.2, relating to establishment of student attendance protocol committee, membership and protocol, summary of penalties for failure to comply, and reporting, as follows: "(5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers juvenile detention facilities as defined in Code Section 49-4A-1;" "(14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10 15-11-38, if such a program has been established." "(g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for unruly children in need of services and possible denial or suspension of a driver's license for a child in accordance with Code Section 40-5-22." SECTION 4-36. Said title is further amended by revising Code Section 20-2-699, relating to the disposition of children taken into custody, as follows: "20-2-699. Any person assuming temporary custody of a child pursuant to Code Section 20-2-698 shall immediately deliver the child either to the parent, guardian, or other person having control or charge of the child or to the school from which the child is absent, or if the child is found to have been adjudged a delinquent or unruly, he child or a child in need of services, the person shall cause the child to be brought before the probation officer of the county having jurisdiction over such child." SECTION 4-37. Said title is further amended by revising subsection (d) of Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, as follows: "(d) If any school administrator determines from the information obtained pursuant to THURSDAY, MARCH 21, 2013 1975 this Code section or from Code Section 15-11-28 or 15-11-80 15-11-599, 15-11-602, or 15-11-707 that a student has been convicted of or has been adjudicated to have committed an offense which is a class A designated felony act or class B designated felony act under Code Section 15-11-63 15-11-2, such administrator shall so inform all teachers to whom the student is assigned and other school personnel to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential." SECTION 4-38. Said title is further amended by revising Code Section 20-2-766.1, relating to proceeding against parents for failure to cooperate in educational programs, as follows: "20-2-766.1. The local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. If the court finds that the parent or guardian has willfully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-5 15-11-31 to enforce any order entered under this Code section." SECTION 4-39. Said title is further amended by revising subsection (a) of Code Section 20-2-768, relating to expulsion or suspension of students for felonies, as follows: "(a) Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or having information filed for the commission of any felony or any delinquent act under Code Section 15-11-28 Sections 15-11-602 and 15-11-707 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or the student's parent or legal guardian has the right to request a hearing pursuant to the procedures provided for in Code Section 20-2754." SECTION 4-40. Said title is further amended by revising subparagraph (B) of paragraph (1) of Code Section 20-3-660, relating to program of grants for foster children created, as follows: "(B) The student is currently committed to the Division of Family and Children 1976 JOURNAL OF THE SENATE Services within the Department of Human Services under Code Section 15-11-55 15-11-212 and placed in a family foster home or is placed in accordance with subparagraph (a)(2)(C) of Code Section 15-11-2 15-11-212;" SECTION 4-41. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by revising subsection (b) of Code Section 24-6-603, relating to oath or affirmation, as follows: "(b) Notwithstanding the provisions of subsection (a) of this Code section, in all proceedings involving deprivation dependency as defined by Code Section 15-11-2 and in all criminal proceedings in which a child was a victim of or witness to any crime, the child shall be competent to testify, and the child's credibility shall be determined as provided in this chapter." SECTION 4-42. Said title is further amended by revising subsection (q) of Code Section 24-12-21, relating to disclosure of AIDS confidential information, as follows: "(q) A public safety agency or prosecuting attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-1166.1 15-11-603, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record." SECTION 4-43. Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to HIV tests and reports of positive results, is amended by revising subsection (c) as follows: "(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-66.1 1511-603, 17-10-15, 31-17-4.2, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample." THURSDAY, MARCH 21, 2013 1977 SECTION 4-44. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising subsection (c) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center, as follows: "(c) The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-82 15-11-702 and 15-11-83 15-11-708. Such records and information shall be sealed or destroyed according to the procedures outlined in Code Sections 15-11-79.2 15-11-701 and 1511-81 15-11-709." SECTION 4-45. Said title is further amended by revising subparagraph (B) of paragraph (7) and subparagraphs (B) and (B.1) of paragraph (8) of Code Section 35-8-2, relating to definitions regarding peace officers, as follows: "(B) The Office of Permits and Enforcement of the Department of Transportation, the Department of Juvenile Justice and its institutions and facilities for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said such department or institutions, and the office or section in the Department of Juvenile Justice in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services; and" "(B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children and any child with a pending juvenile court case alleging the child to be a child in need of services; (B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs;" SECTION 4-46. Code Section 36-32-10 of the Official Code of Georgia Annotated, relating to jurisdiction in cases of furnishing alcoholic beverages, is amended by revising subsection (e) as follows: "(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-28 15-11-10." SECTION 4-47. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (g) of Code Section 40-5-75, relating to suspension of 1978 JOURNAL OF THE SENATE licenses by operation of law, as follows: "(g) Notwithstanding the provisions of Code Section 15-11-72 15-11-606 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section." SECTION 4-48. Said title is further amended by revising subsection (l) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, as follows: "(l) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child." SECTION 4-49. Code Section 44-5-41 of the Official Code of Georgia Annotated, relating to voidance and ratification of conveyance to or by a minor, is revised as follows: "44-5-41. A deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by a minor is voidable unless such minor has become emancipated by operation of law or pursuant to Article 6 10 of Chapter 11 of Title 15. If a minor has conveyed property or an interest in property, the minor may void the conveyance upon arrival at the age of 18; and, if the minor makes another conveyance at that time, it will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to a minor and, after arrival at the age of 18, the minor retains the possession or benefit of the property or interest in property, the minor shall have thereby ratified or affirmed the conveyance." SECTION 4-50. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising paragraph (7) of Code Section 45-9-81, relating to definitions regarding certain indemnification, as follows: "(7) '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 THURSDAY, MARCH 21, 2013 1979 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 who have the duty to investigate and apprehend delinquent and unruly children and any child with a pending juvenile court case alleging the child to be a child in need of services who have has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have has 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." SECTION 4-51. Said title is further amended by revising paragraph (7) of Code Section 45-9-101, relating to definitions regarding certain compensation, as follows: "(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes 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 who have the duty to investigate and apprehend delinquent and unruly children and any child with a pending juvenile court case alleging the child to be a child in need of services who have has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have has 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." SECTION 4-52. Said title is further amended by revising subsection (a) of Code Section 45-20-1, relating to purposes and principles of personnel administration, as follows: "(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will remove unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and 1980 JOURNAL OF THE SENATE in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service as defined in this article, except as provided in Code Section 15-11-24.3 15-11-69. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be employees in the classified service so long as they remain in classified positions or as otherwise provided by law. It is further specifically the intent of the General Assembly that state government operate within a framework of consistent core personnel policies and practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices." SECTION 4-53. Said title is further amended by revising subsection (a) of Code Section 45-20-6, relating to composition of classified and unclassified service, as follows: "(a) Any officer or employee who occupied a classified position under the State Personnel Administration prior to July 1, 1996, or as provided in Code Section 15-1124.3 15-11-69 shall remain in the classified service so long as such officer or employee shall remain in a classified position or as otherwise provided by law. Employees in the classified service shall have, upon completing a working test period, appeal rights as provided in Code Sections 45-20-8 and 45-20-9." SECTION 4-54. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraphs (3), (5), (12), and (16) of Code Section 49-5-3, relating to definitions regarding services for children and youth, as follows: "(3) 'Child welfare and youth services' means duties and functions authorized or required by this article to be provided by the department with respect to: (A) Establishment and enforcement of standards for social services and facilities for children and youths which supplement or substitute for parental care and supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation, or delinquency of children and youths; (B) Protecting and caring for deprived dependent children and youths; (C) Protecting and promoting the welfare of children of working mothers; (D) Providing social services to children and youths and their parents and care for children and youths born out of wedlock and their mothers; (E) Promotion of coordination and cooperation among organizations, agencies, and citizen groups in community planning, organization, development, and implementation of such services; and (F) Otherwise protecting and promoting the welfare of children and youths, including the strengthening of their homes where possible or, where needed, the provision of adequate care of children and youths away from their homes in foster family homes or day-care or other child care facilities." THURSDAY, MARCH 21, 2013 1981 "(5) 'Dependent Deprived child or youth' means any person so adjudged under Chapter 11 of Title 15." "(12) 'Legal custody' means a legal status created by court order embodying the following rights and responsibilities: (A) The right to have the physical possession of the child; (B) The right and the duty to protect, train, and discipline the child; (C) The responsibility to provide the child with food, clothing, shelter, education, and ordinary medical care; and (D) The right to determine where and with whom the child shall live, provided that these rights and responsibilities shall be exercised subject to the powers, rights, duties, and responsibilities of the guardian of the person of the child and subject to any residual parental rights and responsibilities. These rights shall be subject to judicial oversight and review pursuant to Code Section 15-11-55 15-11212." "(16) 'Protective supervision' means a legal status created by court order following adjudication in a deprivation dependency case, whereby a child's place of abode is not changed but assistance directed at correcting the deprivation dependency is provided through the court or an agency designated by the court." SECTION 4-55. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 49-5-8, relating to powers and duties of the department, as follows: "(1) Preventive services as follows: (A) Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and (B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems; (2) Child welfare services as follows: (A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency; (B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency; (C) Supervising and providing required services and care involved in the interstate placement of children; 1982 JOURNAL OF THE SENATE (D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother; (E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes; (F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and (G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision;" SECTION 4-56. Said title is further amended by revising subsection (e) of Code Section 49-5-41, relating to persons and agencies permitted access to records, as follows: "(e) Notwithstanding any other provisions of law, with the exception of medical and mental health records made confidential by other provisions of law, child abuse and deprivation dependency records applicable to a child who at the time of his or her fatality or near fatality was: (1) In the custody of a state department or agency or foster parent; (2) A child as defined in paragraph (3) of Code Section 15-11-171 15-11-741; or (3) The subject of an investigation, report, referral, or complaint under Code Section 15-11-173 15-11-743 shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that any identifying information, including but not limited to the child or caretaker's name, race, ethnicity, address, or telephone numbers and any other information that is privileged or confidential, shall be redacted to preserve the confidentiality of the child, other children in the household, and the child's parents, guardians, custodians, or caretakers. Upon the release of documents pursuant to this subsection, the department may comment publicly on the case." SECTION 4-57. Said title is further amended by revising paragraph (3) of Code Section 49-5-60, relating to definitions for employee record checks for day-care centers, as follows: "(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph." SECTION 4-58. Said title is further amended by revising paragraph (2) of Code Section 49-5-110, relating to definitions for record checks for persons supervising children, as follows: THURSDAY, MARCH 21, 2013 1983 "(2) 'Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating to cruelty to children; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph." SECTION 4-59. Said title is further amended by revising paragraph (2) of Code Section 49-5-131, relating to definitions, as follows: "(2) 'Child' means a person under the age of 17 years who is alleged to have committed a delinquent act or a person under the age of 18 years who is alleged to be deprived a dependent child or is alleged to be a status offender child in need of services as those terms are defined by Code Section 15-11-2." SECTION 4-60. Said title is further amended by revising Code Section 49-5-154, relating to the study of youth needs, as follows: "49-5-154. The governing authority of each participating county shall establish a local advisory group which includes representation from each component of the local children's services systems and other interested parties. The advisory group shall appraise the council on the needs of children and youth in its community giving particular attention to the need for prevention programs and community based services, residential or nonresidential, which would provide an alternative to commitment to or placement or custody in the Department of Juvenile Justice or the Department of Human Services and placement in a youth development center, foster home, or any other institution any juvenile detention facility as defined in Code Section 49-4A-1. Such appraisal shall be made annually and in writing. The governing authority of the county may request technical assistance from the council in conducting such study." SECTION 4-61. Said title is further amended by revising paragraphs (15) and (18) of subsection (a) of Code Section 49-5-281, relating to bill of rights for foster parents, as follows: "(15) The right to participate in the case planning and decision-making process with the Division of Family and Children Services regarding the child as provided in Code Section 15-11-58 15-11-201;" "(18) The right to be notified in advance, in writing, by the Division of Family and 1984 JOURNAL OF THE SENATE Children Services or the court of any hearing or review where the case plan or permanency of the child is an issue, including initial and periodic reviews held by the court in accordance with Code Section 15-11-216 or by the Judicial Citizen Review Panel in accordance with Code Section 15-11-217, hearings following revocation of the license of an agency which has permanent custody of a child in accordance with Code Section 31-2-6, and permanency plan hearings, and motions to extend custody, in accordance with Code Section 15-11-58 in accordance with Code Section 15-11230;" SECTION 4-62. Code Section 52-7-12 of the Official Code of Georgia Annotated, relating to operation of watercraft while under the influence of alcohol or drugs, is amended by revising subsection (l) as follows: "(l) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child." PART V EFFECTIVE DATE, APPLICABILITY, AND REPEALER SECTION 5-1. This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions. SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. THURSDAY, MARCH 21, 2013 1985 The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden E Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Miller E Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 47, nays 0. HB 242, having received the requisite constitutional majority, was passed by substitute. HB 268. By Representatives Harden of the 148th, England of the 116th, Jasperse of the 11th, Burns of the 159th, Williams of the 119th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the O.C.G.A., relating to dealers in agricultural products generally, so as to remove cotton and eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Burke of the 11th. 1986 JOURNAL OF THE SENATE The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 268: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, so as to remove eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to provide for an exemption; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, is amended by revising Code Section 2-9-1, relating to definitions, as follows: "2-9-1. As used in this article, the term: (1) 'Agricultural products' includes fruits, vegetables, eggs, pecans, and cotton but does not include dairy products, tobacco, grains, eggs, and other basic farm crops. (2) 'Dealer in agricultural products' means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricultural products purchased from the producer or his or her agent or representative or received on consignment from the producer or his or her agent or representative or received to be handled on a net return basis from the producer. The term 'dealer in agricultural products' also includes any person buying, selling, processing, or shelling pecan nuts, including any and every kind and variety of pecan nuts. (3) 'Net return basis' means a purchase for sale of agricultural products from a producer or shipper at a price which is not fixed or stated at the time the agricultural products are shipped from the point of origin. The term includes all purchases made 'at the market price,' 'at net worth,' and on similar terms indicating that the buyer is the final arbiter of the price to be paid. (4) 'On consignment' means any receiving or sale of agricultural products for the account of a person, other than the seller, wherein the seller acts as the agent for the owner. (5) 'Producer' means any producer of agricultural products." THURSDAY, MARCH 21, 2013 1987 SECTION 2. Said article is further amended by revising Code Section 2-9-4, relating to issuance of license, to read as follows: "2-9-4. Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-7, he or she shall issue to such applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-5, a state license entitling the applicant to conduct business as a dealer in agricultural products. No fee for such license shall be charged An annual fee not to exceed $400.00 shall be required before a license is issued. Such license shall be valid until revoked or suspended as provided in this article, or until the annual license renewal fee is unpaid." SECTION 3. Said article is further amended by revising Code Section 2-9-5, relating to bond requirements, to read as follows: "2-9-5. Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant; provided, however, that the minimum amount of such bond shall be $10,000.00 and the maximum amount of such bond shall be $230,000.00; provided, further, that or in the case of cotton pecans, such bond shall not to exceed $150,000.00 $500,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing and such person shall be ineligible to reapply for such license for a period of four years after such revocation." 1988 JOURNAL OF THE SENATE SECTION 4. Said article is further amended by revising Code Section 2-9-15, relating to applicability of article, as follows: "2-9-15. (a) This article shall not apply to: (1) Farmers or groups of farmers in the sale of agricultural products grown by themselves; (2) Persons who buy for cash, paying at the time of purchase in United States currency, certified check, cashier's check, or the equivalent; or (3) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act,' who conduct no business at the wholesale level and who have fewer than ten employees. (b) No warehouse that is in full compliance with the provisions of Article 1 of Chapter 4 of Title 10 shall be required to obtain a license or maintain a surety bond under this article." SECTION 5. Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, is amended by revising Code Section 2-9-30, relating to definitions, to read as follows: "2-9-30. As used in this article, the term: (1) 'Grain' means all products commonly classified as grain, including, but not limited to, wheat, corn, oats, barley, rye, field peas, soybeans, clover, and grain sorghum. The term does not include grain which has been produced or packaged for purchase or distribution as seed. (2) 'Grain dealer' means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any grain purchased from the producer or his or her agent or representative, received on consignment from the producer or his or her agent or representative, or received to be handled on a net return basis from the producer. (3) 'On consignment' means any receipt or sale of grain for the account of a person other than the seller in which the seller acts as the agent for the owner. (4) 'Producer' means any producer of grain." SECTION 6. Said article is further amended by revising subsection (a) of Code Section 2-9-34, relating to bond requirements, to read as follows: "2-9-34. (a) Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of THURSDAY, MARCH 21, 2013 1989 the three preceding calendar years or such shorter period of years as the applicant has done business as a grain dealer, provided that the minimum amount of such bond shall be $20,000.00 and the maximum amount of such bond shall be $150,000.00 $300,000.00. If a licensed grain dealer operates his or her grain-dealing activities at more than one physical location, he or she shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as stated in this Code section and each bond to be subject to the minimum and maximum amounts stated in this Code section. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to the producers or their agents or representatives of the proceeds of all grain handled or sold by such dealer. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing." SECTION 7. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing Chapter 31, relating to pecan dealers and processors, and designating said chapter as reserved. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Balfour Y Beach Y Bethel Y Harbison Y Harper Y Heath E Henson Y Miller Y Mullis Y Murphy Y Orrock 1990 JOURNAL OF THE SENATE Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas N McKoon Y Millar E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 46, nays 3. HB 268, having received the requisite constitutional majority, was passed by substitute. HB 287. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Ehrhart of the 36th, England of the 116th and others: A BILL to be entitled an Act to reassign the Division of Archives and History of the Office of the Secretary of State and transfer governance thereof to the Board of Regents of the University System of Georgia; to amend Article 2 of Chapter 3 of Title 20 and Chapter 13 of Title 45 of the O.C.G.A., relating to the board of regents and University System of Georgia and the Secretary of State; to amend Code Section 9-11-29.1 of the O.C.G.A., relating to the retention of depositions and other discovery materials; to amend Code Section 45-11-1 of the O.C.G.A., relating to offenses involving public records, documents, and other items; to amend Article 5 of Chapter 18 of Title 50, relating to state records management; to amend various provisions of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 21, 2013 1991 Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 46, nays 0. HB 287, having received the requisite constitutional majority, was passed. HB 345. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Sims of the 12th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 1992 JOURNAL OF THE SENATE GREG S. GRIFFIN State Auditor (404) 656-2174 February 12, 2013 The Honorable Tommy Benton State Representative Coverdell Legislative Office Building, Room 508-A Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 345 (LC 21 2110) Dear Representative Benton: This bill would amend provisions relating to definitions under the Teachers Retirement System. Specifically, this bill would clarify and consolidate the definition of `teacher.' This revision will not affect eligibility for membership in the System. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor The Senate Retirement Committee offered the following substitute to HB 345: A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by revising paragraph (28) of Code Section THURSDAY, MARCH 21, 2013 1993 47-3-1, relating to definitions, as follows: "(28) 'Teacher' means a permanent status employee employed not less than half time as follows: (A) Employees of a public school or a local board of education with the exception of those employees required to be members of the Public School Employees Retirement System as governed by Chapter 4 of this title; Any of the following persons employed not less than half time by a public school: (i) Persons who supervise the public schools; (ii) Classroom teachers; and (iii) Persons employed in a clerical capacity; (B) Public school lunchroom managers or supervisors, maintenance managers or supervisors, transportation managers or supervisors, and warehouse managers or supervisors who elect to participate in the retirement system pursuant to Code Section 47-3-63 Public school nurses who are employed on a regular basis as much as one-half time or more. The employer's contributions for such public school nurses on all salary amounts which are not paid from state funds shall be paid from local funds; (C) Employees of the Board of Regents of the University System of Georgia with the exception of those employees who elect to participate in the Regents Retirement Plan as governed by Chapter 21 of this title and maintenance and custodial employees employed prior to July 1, 1978, who elected to forgo membership School librarians; (D) Employees of any regional educational service agency created pursuant to Part 11 of Article 6 of Chapter 2 of Title 20 Administrative officials who supervise teachers; (E) Full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation managers or supervisors, and full-time public school warehouse managers or supervisors, upon electing to participate in the retirement system pursuant to Code Section 47-3-63; (F)(E) Certified Any new certified professional personnel employed for the first time by the State Board of Education or by the State Department of Education on and after July 1, 1983, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section 47-3-60, and any employee of the State Board Department of Education or the Technical College System of Georgia employed in a teaching, supervisory, or clerical capacity; (F.1)(F) Certified professional personnel who are in the unclassified service as defined by Code Section 45-20-2 and who are employed by the State Board of Education or by the State Department of Education and who become members of this retirement system pursuant to the authority of subsection (i) of Code Section 47-3-60; (F.2)(G) Professional Newly hired professional personnel employed for the first 1994 JOURNAL OF THE SENATE time by the Technical College System of Georgia on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the Technical College System of Georgia if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.3) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date on which the Technical College System of Georgia assumes governance of the postsecondary vocational-technical school if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.4)(H) Personnel employed by the State Board of Education or by the State Department of Education who are authorized to elect and elect to become or remain members of the retirement system pursuant to the applicable provisions of Code Section 47-3-60; (G)(I) Employees of Any bona fide teacher, supervisor of teachers, or clerical employee in any school operated by the Department of Education; and (H) Teacher aides and paraprofessional personnel and members of the staff of any regional educational service agency created pursuant to Code Sections 20-2-270 through 20-2-274; (I) Registrars of each unit of the University System of Georgia; (J) The secretary and treasurer of the Board of Regents of the University System of Georgia; (K) Teachers, supervisors of teachers, and clerical workers who are employed and paid by the Board of Regents of the University System of Georgia; (L) All personnel of the Cooperative Extension Service of the University of Georgia; (M) Any other person employed not less than on a half-time basis and paid by the Board of Regents of the University System of Georgia, with the exception of such maintenance and custodial employees employed prior to July 1, 1978, who elected to forgo membership, provided that the board of trustees shall determine whether any particular employee is a maintenance or custodial employee; (N) Any full-time employee of the Georgia Association of Educators, Georgia High School Association, or Georgia School Boards Association, provided that such association, as appropriate, and the employee request that the board of trustees permit them to pay the employer and employee contributions, respectively. The state shall make no contributions on account of such employee; (O)(J) Librarians and clerical personnel employed by regional and county libraries. Any of such librarians and clerical personnel who were members of a local retirement system on January 1, 1977, and who elected to remain members of such local retirement system shall not be required to become members of this retirement THURSDAY, MARCH 21, 2013 1995 system, or if they were members of this retirement system on that date, they may withdraw from such membership. This election must have been made, in writing, to the board of trustees by not later than January 1, 1978. Any of such librarians and clerical personnel failing to so notify the board of trustees by that date shall be members of this retirement system. The employer contributions for such librarians and clerical personnel who are or who become members of this retirement system shall be paid from local funds on all salary amounts of such librarians and clerical personnel which are not paid from state funds. Prior service of such librarians and other service for which such librarians have contributed to the Teachers Retirement System of Georgia is ratified, subject to the same laws and the same rules and regulations applicable to other members of this retirement system; (P) The full-time executive secretary of the Georgia Vocational Association. Such association shall pay the required employer contribution for membership service. The executive secretary shall be entitled to receive credit for prior teaching service by paying the employee and employer contributions that would have been paid, plus interest at the rate of 8 percent per annum; and (Q) Attendance officers employed not less than half time for service rendered after June 30, 1992. As used in this subparagraph, 'attendance officer' means an attendance officer employed in lieu of a visiting teacher under Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20; provided, however, that the provisions of this subparagraph shall not apply to any former member employed as an attendance officer who retired prior to July 1, 1992. The term 'teacher' shall not be deemed to include any emergency or temporary employee. The term 'teacher' shall not include an individual classified by an employer as an independent contractor or a leased employee within the meaning of Section 414(n) of the federal Internal Revenue Code, even if such individual is later reclassified by the Internal Revenue Service as a common law employee. The board of trustees shall determine in doubtful cases whether any person is included within the definition set forth in this paragraph. Notwithstanding the provisions of subparagraphs (N) and (P) of this paragraph, no person becoming an employee of the Georgia Association of Educators, the Georgia High School Association, or the Georgia School Boards Association or becoming the executive secretary of the Georgia Vocational Association after June 30, 1984, shall be a 'teacher' within the meaning of this paragraph or shall be eligible for membership in the retirement system provided for by this chapter unless the person holding any such position is also a 'teacher' within the meaning of a subparagraph of this paragraph other than subparagraph (N) or (P) of this paragraph. Except as otherwise provided by Code Section 47-3-84.2, subparagraphs (N) and (P) of this paragraph shall remain effective after June 30, 1984, only for the purpose of allowing any person who was a member of the retirement system on June 30, 1984, because the person held a position specified by subparagraph (N) or (P) of this paragraph to continue such membership as long as the person continues to hold such position." 1996 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended by repealing in its entirety Code Section 47-3-84.2, relating to credit for service by members described in subparagraphs (N) and (P) of paragraph (28) of Code Section 47-3-1. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 GREG S. GRIFFIN State Auditor (404) 656-2174 March 7, 2013 The Honorable Tommy Benton State Representative Coverdell Legislative Office Building, Room 508-A Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 345 (LC 21 2201S) Dear Representative Benton: This substitute bill would amend provisions relating to definitions under the Teachers Retirement System. Specifically, this bill would clarify and consolidate the definition of `teacher.' This revision will not affect eligibility for membership in the System. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor THURSDAY, MARCH 21, 2013 1997 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y 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 0. HB 345, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 1998 JOURNAL OF THE SENATE Mr. Secretary, Please let the journal reflect my favorable vote on HB 242 and HB 345. Respectfully, /s/ Butch Miller 49 3/21/13 2:48 PM The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 380. By Representatives Riley of the 50th, Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor and funding agent of such plan; to provide for the administration of the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 528. By Representatives Yates of the 73rd, Mabra of the 63rd and Fludd of the 64th: A BILL to be entitled an Act to authorize the governing authority of the City of Peachtree City to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 21, 2013 1999 HB 561. HB 575. HB 589. HB 590. By Representatives Nimmer of the 178th and Dutton of the 157th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to change the description of the election 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 Rice of the 95th: A BILL to be entitled an Act to amend an Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), so as to change certain provisions relating to the city's ability to enter into agreements with other governmental parties; to provide for the city's inclusion to the Gwinnett County Police Service District, the Gwinnett County Fire and Emergency Medical Service District, the Gwinnett County Recreation District, and the Gwinnett County Emergency 9-1-1 System at the conclusion of the city's transition period; to clarify the city's municipal elections through the transition period; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Jackson of the 128th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447), 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. By Representative Kelley 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, so as to revise the districts for the election of members of the Board of Education of Polk County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of 2000 JOURNAL OF THE SENATE HB 591. HB 593. HB 594. HB 596. the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Glanton of the 75th, Stovall of the 74th, Waites of the 60th, Mabra of the 63rd and Scott of the 76th: A BILL to be entitled an Act repealing an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3869); and for other purposes. By Representative Jackson of the 128th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454), 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 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 Martin of the 49th, Jones of the 47th, Lindsey of the 54th, Riley of the 50th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to define certain terms; to provide that all future employees of Fulton County other than public safety employees shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes. By Representative Pruett of the 149th: A BILL to be entitled an Act to amend an Act reapportioning the election districts of the Board of Education of Telfair County, approved April 11, THURSDAY, MARCH 21, 2013 2001 HB 598. HB 603. HB 604. SB 222. 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5385), so as to redistrict the Board of Education of Telfair County; to change the description of the education districts; to provide for the continuation in office of the current members and the election of subsequent members; to provide for related matters; 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 an effective date; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Wilkinson of the 52nd, Geisinger of the 48th and others: A BILL to be entitled an Act to provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; to repeal conflicting laws; and for other purposes. By Representatives Evans of the 42nd, Ehrhart of the 36th, Wilkerson of the 38th, Parsons of the 44th, Bruce of the 61st and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3699), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), so as to provide for dates on which the governing authority of Fulton County may make or fix certain levies of ad valorem taxes; to provide for procedures related thereto; to cite a certain constitutional authorization; to repeal conflicting laws; and for other purposes. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Conyers, approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended specifically by an Act approved March 20, 1990 (Ga. L. 1990, p. 2002 JOURNAL OF THE SENATE 4032), so as to repeal certain provisions relating to the election and terms of office of the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 223. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3817), 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. The House has agreed to the Senate substitute to the following Bill of the House: HB 353. By Representative Lumsden of the 12th: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 349. By Representatives Golick of the 40th, Hatchett of the 150th, Coomer of the 14th, Pak of the 108th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 5 of the O.C.G.A., relating to appeal or certiorari by the state in criminal cases, so as to provide the state with more direct appeal rights; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the O.C.G.A., relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to amend Article 2 of Chapter 8 of Title 24 of the O.C.G.A., relating to admissions and confessions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. THURSDAY, MARCH 21, 2013 2003 The Senate Judiciary Non-Civil Committee offered the following substitute to HB 349: A BILL TO BE ENTITLED AN ACT 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 provide the state with more direct appeal rights; to provide the state with cross appeal rights; to provide for crossreferences; to provide for liberal construction of the chapter; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to change provisions relating to sentencing for trafficking in certain drugs; to provide for definitions; to clarify provisions relating to the weight or quantity of controlled substances and marijuana; to change provisions relating to sentencing serious violent offenders, certain sexual offenders, and repeat offenders; to create the Georgia Council on Criminal Justice Reform and provide for its members, chairperson, other officers, committees, staff, and funding; to allow a drug court or mental health court division judge to order the Department of Driver's Services to change a defendant's driving privileges for participants in their court programs under certain circumstances; to delete definitions; to change terms of a probated sentence; to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that incarcerated individuals who qualify for HOPE GED vouchers may use such vouchers within 24 months of release; to amend Article 2 of Chapter 8 of Title 24 of the Official Code of Georgia Annotated, relating to admissions and confessions, so as to change provisions relating to a child's description of sexual contact or physical abuse; to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, so as to clarify provisions relating to record restriction involving certain felony offenses; to change provisions relating to the application of the Code section to arrests occurring prior to July 1, 2013; to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, so as to define terms applicable to issuing medical reprieves to entirely incapacitated persons suffering a progressively debilitating terminal illness; to amend Code Section 49-5-183.1 of the Official Code of Georgia Annotated, relating to notice to alleged child abuser of classification, procedures, notification to division, and children under 14 years of age not required to testify, so as to correct a cross-reference; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 2004 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 Code Section 5-7-1, relating to orders, decisions, or judgments appealable and defendant's right to cross appeal, as follows: "5-7-1. (a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances: (1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or a petition alleging that a child has committed a delinquent act, or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; (5) From an order, decision, or judgment excluding any other evidence to be used by the state at trial on any motion filed by the state or defendant at least 30 days prior to trial and ruled on prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first, if: (A) Notwithstanding the provisions of Code Section 5-6-38, the notice of appeal filed pursuant to this paragraph is filed within two days of such order, decision, or judgment; and (B) The prosecuting attorney certifies to the trial court that such appeal is not taken for purpose of delay and that the evidence is a substantial proof of a material fact in the proceeding; (5)(6) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (6)(7) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or subsection (b) of Code Section 17-7-50.1; (7)(8) From an order, decision, or judgment of a court granting a motion for new trial or an extraordinary motion for new trial; (8)(9) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in THURSDAY, MARCH 21, 2013 2005 jeopardy; or (9)(10) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2. (b) In any instance in which any appeal is taken by and on behalf of the State of Georgia in a criminal case, the defendant shall have the right to cross appeal. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38. (c) In any instance in which the defendant in a criminal cases applies for and is granted an interlocutory appeal as provided Code Section 5-6-34 or an appeal is taken pursuant to Code Section 17-10-35.1, the state shall have the right to cross appeal on any matter ruled on prior to the impaneling of a jury or the defendant being put in jeopardy. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38. The state shall not be required to obtain a certificate of immediate review for such cross appeal." SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 5-7-2, relating to certification required for immediate review of nonfinal orders, decisions, or judgments, as follows: "(b) A certificate of immediate review shall not be required from an: (1) Order, decision, or judgment suppressing or excluding illegally seized evidence as set forth in paragraph (4) or (5) of subsection (a) of Code Section 5-7-1; or (2) Order, decision, or judgment described in paragraph (1) or (7) of subsection (a) of Code Section 5-7-1." SECTION 3. Said chapter is further amended by adding a new Code section to read as follows: "5-7-6. This chapter shall be liberally construed to effectuate the purposes stated in this chapter." SECTION 4. Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties for controlled substances, is amended by revising Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, as follows: "16-13-31. (a)(1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows: (A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but 2006 JOURNAL OF THE SENATE less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing. (b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 4 four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or 4 four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows: (1) If the quantity of such substances involved is 4 four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 10 ten pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of 10 ten pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $100,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $250,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall THURSDAY, MARCH 21, 2013 2007 be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $1 million. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) Any person who knowingly sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (f) Any person who knowingly manufactures methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and 2008 JOURNAL OF THE SENATE (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. (g)(1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section. (2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he or she finds that the defendant has rendered such substantial assistance. (2)(A) In the court's discretion, the judge may depart from the mandatory minimum sentence specified for a person who is convicted of a violation of this Code section as set forth in subparagraph (B) of this paragraph if the judge concludes that: (i) The defendant was not a leader of the criminal conduct; (ii) The defendant did not possess or use a weapon during the crime; (iii) The criminal conduct did not result in a death or serious bodily injury to a person other than to a person who is a party to the crime; (iv) The defendant has no prior felony conviction; and (v) The interests of justice will not be served by the imposition of the prescribed mandatory minimum sentence. (B) The sentencing departure ranges pursuant to subparagraph (A) of this paragraph shall be as follows: (i) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this Code section, two years and six months to five years imprisonment and a fine of not less than $25,000.00 nor more than $50,000.00; (ii) Any person convicted of violating paragraph (1) of subsection (c) of this Code section, two years and six months to five years imprisonment and a fine of not less than $50,000.00 nor more than $100,000.00; (iii) Any person convicted of violating paragraph (2) of subsection (c) of this Code section, three years and six months to seven years imprisonment and a fine of not less than $125,000.00 nor more than $250,000.00; (iv) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(A) of this Code section, or paragraph (1) of subsection (e) or (f) of this Code section, five to ten years imprisonment and a fine of not less than $100,000.00 nor more than $200,000.00; (v) Any person convicted of violating paragraph (2) of subsection (b) of this Code THURSDAY, MARCH 21, 2013 2009 section, five to ten years imprisonment and a fine of not less than $50,000.00 nor more than $100,000.00; (vi) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(B) of this Code section, or paragraph (2) of subsection (e) or (f) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $150,000.00 nor more than $300,000.00; (vii) Any person convicted of violating paragraph (3) of subsection (c) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $500,000.00 nor more than $1 million; (viii) Any person convicted of violating paragraph (2) of subsection (d) of this Code section, seven years and six months to 15 years imprisonment and a fine of not less than $125,000.00 nor more than $250,000.00; (ix) Any person convicted of violating paragraph (3) of subsection (b) of this Code section, 12 years and six months to 25 years imprisonment and a fine of not less than $250,000.00 nor more than $500,000.00; and (x) Any person convicted of violating subparagraph (a)(1)(C), paragraph (2) of subsection (a), relating to the quantity of drugs specified in subparagraph (a)(1)(C) of this Code section, or paragraph (3) of subsection (e) or (f) of this Code section, 12 years and six months to 25 years imprisonment and a fine of not less than $500,000.00 nor more than $1 million. (C) If a judge reduces the mandatory minimum sentence pursuant to this paragraph, the judge shall specify on the record the circumstances for the reduction and the interests served by such departure. Any such order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. (D) As used in this paragraph, the term: (i) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal. (ii) 'Weapon' shall have the same meaning as set forth in Code Section 16-11127.1. (3) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a violation of this Code section when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. (h) Any person who violates any provision of this Code section shall be punished as provided for in the applicable mandatory minimum punishment and for not more than 30 years of imprisonment and by a fine not to exceed $1 million. (i) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of 2010 JOURNAL OF THE SENATE incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program." SECTION 5. Said part is further amended by revising Code Section 16-13-31.1, relating to trafficking in ecstacy and penalties, as follows: "16-13-31.1. (a) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4methylenedioxymethamphetamine, or any mixture containing 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described in Schedule I, in violation of this article commits the felony offense of trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of such substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three years but not more than 30 years and shall pay a fine of not less than $25,000.00 nor more than $250,000.00; (2) If the quantity of such substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years but not more than 30 years and shall pay a fine of not less than $50,000.00 nor more than $250,000.00; and (3) If the quantity of such substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years but not more than 30 years and shall pay a fine of not less than $100,000.00 nor more than $250,000.00. (b)(1) In the court's discretion, the judge may depart from the mandatory minimum sentence specified for a person who is convicted of a violation of this Code section as set forth in paragraph (2) of this subsection if the judge concludes that: (A) The defendant was not a leader of the criminal conduct; (B) The defendant did not possess or use a weapon during the crime; (C) The criminal conduct did not result in a death or serious bodily injury to a person other than to a person who is a party to the crime; (D) The defendant has no prior felony conviction; and (E) The interests of justice will not be served by the imposition of the prescribed mandatory minimum sentence. (2) The sentencing departure ranges pursuant to paragraph (1) of this subsection shall be as follows: (A) Any person convicted of violating paragraph (1) of subsection (a) of this Code section, one year and six months to 30 years imprisonment and a fine of not less than $12,500.00 nor more than $250,000.00; (B) Any person convicted of violating paragraph (2) of subsection (a) of this Code THURSDAY, MARCH 21, 2013 2011 section, two years and six months to 30 years imprisonment and a fine of not less than $25,000.00 nor more than $250,000.00; and (C) Any person convicted of violating paragraph (3) of subsection (a) of this Code section, five to 30 years imprisonment and a fine of not less than $50,000.00 nor more than $250,000.00; (3) If a judge reduces the mandatory minimum sentence pursuant to this subsection, the judge shall specify on the record the circumstances for the reduction and the interests served by such departure. Any such order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. (4) As used in this subsection, the term: (A) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal. (B) 'Weapon' shall have the same meaning as set forth in Code Section 16-11127.1. (c) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he or she finds that the defendant has rendered such substantial assistance. (d) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a violation of this Code section when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. (e) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program." SECTION 6. Said part is further amended by adding a new Code section to read as follows: "16-13-54.1. When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant's knowledge of such weight or quantity shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the weight or quantity of the controlled substance or marijuana in order to be convicted of an offense." 2012 JOURNAL OF THE SENATE SECTION 7. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising paragraph (2) of subsection (a), subparagraphs (a)(5)(A) and (a)(5)(C), and adding a new paragraph to subsection (a) of Code Section 17-10-1, relating to fixing of sentence, to read as follows: "(2) Active probation supervision shall terminate in all cases no later than two years from the commencement of active probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, that in those cases involving the collection of fines, restitution, or other funds, the period of active probation supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs, and for those cases involving a conviction under Chapter 15 of Title 16, the 'Georgia Street Gang Terrorism and Prevention Act,' the period of active probation supervision shall remain in effect until the termination of the sentence, but shall not exceed five years unless as otherwise provided in this paragraph. Active probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles. As used in this paragraph, the term: 'active probation supervision' shall have the same meaning as the term 'active supervision' as set forth in Code Section 42-1-1." "(A) When Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of active probation supervision or administrative unsupervised probation supervision on motion of the defendant or on its own motion, or upon the request of a probation supervisor, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice to the victim or victims of all sex related offenses or violent offenses resulting in serious bodily injury or death and, upon request of the victim or victims so notified, shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney." "(C) As used in this paragraph, the terms 'active probation supervision' and 'administrative probation supervision' shall have the same meanings as the terms 'active supervision' and 'administrative supervision,' respectively, as set forth in Code Section 42-1-1." "(7) As used in this subsection, the term: (A) 'Active probation supervision' means the period of a probated sentence in which a probationer actively reports to his or her probation supervisor or is otherwise under the direct supervision of a probation supervisor. (B) 'Unsupervised probation' means the period of a probated sentence that follows active probation supervision in which: THURSDAY, MARCH 21, 2013 2013 (i) All of the conditions and limitations imposed by the court remain intact; (ii) A probationer may have reduced reporting requirements; and (iii) A probation supervisor shall not actively supervise such probationer." SECTION 8. Said title is further amended in Code Section 17-10-6.1, relating to punishment for serious violent offenders, by revising subsection (b) and adding two new subsections to read as follows: "(b)(1) Except as provided in subsection (e) of this Code section Notwithstanding any other provisions of law to the contrary, any person convicted of the serious violent felony of kidnapping involving a victim who is 14 years of age or older or armed robbery shall be sentenced to a mandatory minimum term of imprisonment of ten years, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (2) Except as provided in subsection (e) of this Code section Notwithstanding any other provisions of law to the contrary, the sentence of any person convicted of the serious violent felony of: (A) Kidnapping involving a victim who is less than 14 years of age; (B) Rape; (C) Aggravated child molestation, as defined in subsection (c) of Code Section 166-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (D) Aggravated sodomy, as defined in Code Section 16-6-2; or (E) Aggravated sexual battery, as defined in Code Section 16-6-22.2 shall, unless sentenced to life imprisonment, be a split sentence which shall include a mandatory minimum term of imprisonment of 25 years, followed by probation for life. No, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court or reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (3) No person convicted of a serious violent felony shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state." "(e) In the court's discretion, the judge may depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a serious violent felony when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. 2014 JOURNAL OF THE SENATE (f) Any sentence imposed pursuant to this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program." SECTION 9. Said title is further amended by revising subsection (c) of Code Section 17-10-6.2, relating to punishment for sexual offenders, as follows: "(c)(1) In the court's discretion, the court may deviate from the mandatory minimum sentence as set forth in subsection (b) of this Code section, or any portion thereof, when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum or provided that: (A) The defendant has no prior conviction of an offense prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior conviction for any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16; (B) The defendant did not use a deadly weapon or any object, device, or instrument which when used offensively against a person would be likely to or actually did result in serious bodily injury during the commission of the offense; (C) The court has not found evidence of a relevant similar transaction; (D) The victim did not suffer any intentional physical harm during the commission of the offense; (E) The offense did not involve the transportation of the victim; and (F) The victim was not physically restrained during the commission of the offense. (2) If the court deviates in sentencing pursuant to this subsection, the judge shall issue a written order setting forth the judge's reasons. Any such order shall be appealable by the defendant pursuant to Code Section 5-6-34, or by the State of Georgia pursuant to Code Section 5-7-1, unless the sentence imposed was pursuant to an agreement by the prosecuting attorney and the defendant." SECTION 10. Said title is further amended by revising subsection (b) of Code Section 17-10-7, relating to punishment for repeat offenders, as follows: "(b)(1) As used in this subsection, the term 'serious violent felony' means a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1. (2) Except as provided in subsection (e) of Code Section 17-10-6.1, any Any person who has been convicted of a serious violent felony in this state or who has been convicted under the laws of any other state or of the United States of a crime which if THURSDAY, MARCH 21, 2013 2015 committed in this state would be a serious violent felony and who after such first conviction subsequently commits and is convicted of a serious violent felony for which such person is not sentenced to death shall be sentenced to imprisonment for life without parole. Any such sentence of life without parole shall not be suspended, stayed, probated, deferred, or withheld, and any such person sentenced pursuant to this paragraph shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the sentence of life imprisonment without possibility of parole, except as may be authorized by any existing or future provisions of the Constitution." SECTION 11. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 19 17-19-1. (a) There is created the Georgia Council on Criminal Justice Reform for the purpose of conducting periodic comprehensive reviews of criminal laws, criminal procedure, sentencing laws, adult correctional issues, juvenile justice issues, enhancement of probation and parole supervision, better management of the prison population and of the population in the custody of the Department of Juvenile Justice, and other issues related to criminal and accountability courts. The Georgia Council on Criminal Justice Reform shall be responsible for establishing performance measures that track the implementation of criminal justice and juvenile justice reforms through the analysis of data collected under law and shall propose additional reforms to further the reduction of recidivism, the lowering of state expenses, and the maintenance of an effective and efficient Code that will promote public safety. (b) As used in this chapter, the term 'council' means the Georgia Council on Criminal Justice Reform. 17-19-2. (a) The Governor shall appoint all 15 members of the council which shall be composed of one member of the Senate, one member of the House of Representatives, one member who shall be either a Justice of the Supreme Court or a Judge of the Court of Appeals, one superior court judge, one juvenile court judge, one district attorney, one criminal defense attorney, one sheriff, the executive counsel to the Governor or his or her designee, the director of the Governor's Office for Children and Families or his or her designee, and five other members as determined by the Governor. (b) Each member of the council shall be appointed to serve for a term of four years or until his or her successor is duly appointed, except the members of the General Assembly, who shall serve until completion of their current terms of office. A member 2016 JOURNAL OF THE SENATE may be appointed to succeed himself or herself on the council. If a member of the council is an elected or appointed official, the member, or his or her designee, shall be removed from the council if the member no longer serves as such elected or appointed official. (c) The Governor shall designate the chairperson of the council. The council may elect other officers as it deems necessary. The chairperson of the council may designate and appoint committees from among the membership of the council as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this chapter. The chairperson shall only vote to break a tie. (d) The council shall be attached for administrative purposes only to the Governor's Office for Children and Families. The Governor's Office for Children and Families and the Criminal Justice Coordinating Council shall provide staff support for the council. The Governor's Office for Children and Families and the Criminal Justice Coordinating Council shall use any funds specifically appropriated to it to support the work of the council. 17-19-3. (a) The council may conduct meetings at such places and times as it deems necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this chapter. The council shall hold meetings at the call of the chairperson. The council shall meet not less than twice every year. (b) A quorum for transacting business shall be a majority of the members of the council. (c) Any legislative members of the council shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the council who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the council, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the council in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this chapter shall come from funds appropriated to the Senate and the House of Representatives. 17-19-4. (a) The council shall have the following duties: (1) To periodically, and at least every two years, review the conditions, needs, issues, and problems related to criminal justice; issue a report on the same to the executive THURSDAY, MARCH 21, 2013 2017 counsel of the Governor, the Office of Planning and Budget, and the chairpersons of the House Committee on Appropriations, the Senate Appropriations Committee, the House Committee on Judiciary, and the Senate Judiciary Committee; and recommend any action or proposed legislation which the council deems necessary or appropriate. Nothing contained in the council's report shall be considered to authorize or require a change in any law without action by the General Assembly; (2) To evaluate and consider the best practices, experiences, and results of legislation in other states with regard to children, adults, and families involved in the juvenile or superior court or equivalent systems; and (3) To identify and recommend whether and when any state law should be modified to conform, whenever desirable, to federal legislation. (b) The council shall have the following powers: (1) To evaluate how the laws and programs affecting the criminal justice system in this state are working; (2) To request and receive data from and review the records of appropriate state agencies and courts to the greatest extent allowed by state and federal law; (3) To accept public or private grants, devises, and bequests; (4) To authorize entering into contracts or agreements through the council's chairperson necessary or incidental to the performance of its duties; (5) To establish rules and procedures for conducting the business of the council; and (6) To conduct studies, hold public meetings, collect data, or take any other action the council deems necessary to fulfill its responsibilities. (c) The council shall be authorized to retain the services of attorneys, consultants, subject matter experts, economists, budget analysts, data analysts, statisticians, and other individuals or organizations as determined appropriate by the council. 17-19-5. This chapter shall be repealed effective June 30, 2018, unless continued in effect by the General Assembly prior to that date." SECTION 12. Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended by revising Code Section 20-3519.6, relating to HOPE GED vouchers, as follows: "20-3-519.6. Subject to the amounts appropriated by the General Assembly and provisions relating to the shortfall reserve in Code Section 50-27-13, a HOPE GED voucher in the amount of $500.00 shall be available once to each student receiving a general educational development (GED) diploma awarded by the Department of Technical and Adult Education, now known as the Technical College System of Georgia, after June 30, 1993. Such voucher shall be issued to such student upon enrollment in any eligible postsecondary institution in Georgia within 24 months from the date the general educational development (GED) diploma was awarded to the student and may only be 2018 JOURNAL OF THE SENATE used to cover postsecondary costs of attendance at such institution; provided, however, that for an individual who becomes eligible for such voucher while he or she is incarcerated in a penal institution in this state, such voucher may be used by such individual within 24 months from the date of release from the penal institution." SECTION 13. Article 2 of Chapter 8 of Title 24 of the Official Code of Georgia Annotated, relating to admissions and confessions, is amended by revising Code Section 24-8-820, relating to testimony as to child's description of sexual contact or physical abuse, as follows: "24-8-820. A statement made by a child under the age of 14 years younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on the such child by another or with or on another in the presence of such child shall be admissible in evidence by the testimony of the person to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at the trial, unless the adverse party forfeits or waives such child's testimony as provided in this title, and, at the time of the testimony regarding the outof-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements." SECTION 14. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, and privacy considerations, is amended by revising paragraph (1) of subsection (j) and subsection (n) as follows: "(j)(1) When an individual had a felony charges charge dismissed or nolle prossed or was found not guilty of felony charges such charge but was convicted of a misdemeanor offense or offenses arising out of the same underlying transaction or occurrence that was not a lesser included offense of the felony charge, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such the felony charges charge within four years of the arrest. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines the charges in question did not arise out of the same underlying transaction or occurrence that the misdemeanor conviction was not a lesser included offense of the felony charge and that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available." THURSDAY, MARCH 21, 2013 2019 "(n)(1) Except as provided in subsection (j) of this Code section, as As to arrests occurring before July 1, 2013, an individual may, in writing, request the arresting law enforcement agency to restrict the criminal history record information of an arrest, including any fingerprints or photographs taken in conjunction with such arrest. Reasonable fees shall be charged by the arresting law enforcement agency and the center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00. (2) Within 30 days of receipt of such written request, the arresting law enforcement agency shall provide a copy of the request to the prosecuting attorney. Within 90 days of receiving the request, the prosecuting attorney shall review the request to determine if he or she agrees to the request meets the criteria set forth in subsection (h) of this Code section for record restriction, and the prosecuting attorney shall notify the arresting law enforcement agency of his or her decision within such 90 day period. If the prosecuting attorney denies such request, he or she shall cite with specificity the reason for such denial in writing and attach to such denial any relevant documentation in his or her possession used to make such denial. There shall be a presumption that the prosecuting attorney does not object to the request to restrict the criminal history record information if he or she fails to respond to the request for a determination within the 90 day period set forth in this paragraph. The arresting law enforcement agency shall inform the individual of the prosecuting attorney's decision, and, if record restriction is approved by the prosecuting attorney, the arresting law enforcement agency shall restrict the criminal history record information within 30 days of receipt of the prosecuting attorney's decision. (3) If a prosecuting attorney declines an individual's request to restrict access to criminal history record information, such individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the prosecuting attorney to decline a request to restrict access to criminal history record information shall not be upheld if it is determined unless the individual demonstrates by clear and convincing evidence that the arrest is eligible for record restriction pursuant to subsection (h) of this Code section and the harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available. (4) To restrict criminal history record information at the center, an individual shall submit a prosecuting attorney's approved record restriction request or a court order issued pursuant to paragraph (3) of this subsection to the center. The center shall restrict access to such criminal history record information within 30 days from of receiving such information." SECTION 15. Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of driver's license for certain drug offenses, is amended by revising 2020 JOURNAL OF THE SENATE subsections (a), (b), and (e) of Code Section 40-5-75, relating to suspension of license by operation of law, as follows: "(a) Except as provided in Code Section 40-5-76, the The driver's license of any person convicted of any violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' including, but not limited to, possession, distribution, manufacture, cultivation, sale, transfer of, trafficking in, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, transfer or traffic in a controlled substance or marijuana, or the law of any other jurisdiction, shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the Department of Driver Services department a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services department a restoration fee of $310.00 or $300.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and (3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions: (A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit; (B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid THURSDAY, MARCH 21, 2013 2021 for by the offender. The offender shall pay a permit fee of $25.00 to the department; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from: (i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. At the end of five years from the date on which the license was suspended, the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services department a restoration fee of $410.00 or $400.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction." "(b) Except as provided in Code Section 40-5-76, whenever Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 406-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender of the driver's license or on the date that the department processes the conviction or citation, whichever shall first occur." "(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his or her license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section or Code Section 40-5-76." 2022 JOURNAL OF THE SENATE SECTION 16. Said article is further amended by adding a new Code section to read as follows: "40-5-76. A judge presiding in a drug court division or mental health court division may order the department to restore a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75, suspend such license, or issue a defendant a limited driving permit in accordance with the provisions set forth in subsections (c) and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances as a reward or sanction to the defendant's behavior in such court division. The court shall determine what fees, if any, shall be paid to the department for such reward or sanction, provided that such fee shall not be greater than the fee normally imposed for such services." SECTION 17. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in Code Section 42-1-1, relating to definitions, by repealing paragraphs (1) and (2) and redesignating paragraphs (3) through (9) as paragraphs (1) through (7), respectively. SECTION 18. Said title is further amended in subsection (a) of Code Section 42-8-35, relating to terms and conditions of probation, by deleting "and" at the end of paragraph (15), by replacing the period with "; and" at the end of paragraph (16), and by adding a new paragraph (17) to read as follows: "(17) Pay for the cost of drug screening. The Department of Corrections shall assess and collect fees from the probationer for such screening at levels set by regulation of the Department of Corrections." SECTION 19. Said title is further amended in Code Section 42-9-43, relating to information to be considered by the State Board of Pardons and Paroles generally, by redesignating subsections (b) through (e) as subsections (c) through (f), respectively, and by adding a new subsection (b) to read as follows: "(b)(1) As used in this subsection, the term: (A) 'Debilitating terminal illness' means a disease that cannot be cured or adequately treated and that is reasonably expected to result in death within 12 months. (B) 'Entirely incapacitated' means an offender who: (i) Requires assistance in order to perform two or more necessary daily life functions or who is completely immobile; and (ii) Has such limited physical or mental ability, strength, or capacity that he or she poses an extremely low risk of physical threat to others or to the community. (C) 'Necessary daily life function' means eating, breathing, dressing, grooming, THURSDAY, MARCH 21, 2013 2023 toileting, walking, or bathing. (2) The board may issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness in accordance with Article IV, Section II, Paragraph II of the Constitution." SECTION 20. Code Section 49-5-183.1 of the Official Code of Georgia Annotated, relating to notice to alleged child abuser of classification, procedures, notification to division, and children under 14 years of age not required to testify, is amended by revising subsection (i) as follows: "(i) No child under the age of 14 younger than 16 years of age shall be compelled to appear to testify at any hearing held pursuant to this Code section. If a child under the age of 14 younger than 16 years of age testifies voluntarily, such testimony shall be given in compliance with procedures analogous to those contained in Code Section 178-55. Nothing in this article shall prohibit introducing a child's statement in a hearing held pursuant to this Code section if the statement meets the criteria of Code Section 24-8-820." SECTION 21. This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense. SECTION 22. All laws and parts of laws in conflict with this Act are repealed. Senators Bethel of the 54th and Jackson of the 24th offered the following amendment #1: Amend the substitute to HB 349 (LC 29 5646S) by replacing "is clearly outweighed by" with "clearly outweighs" on line 637. On the adoption of the amendment, the President asked unanimous consent. Senator Loudermilk of the 14th objected. On the adoption of the amendment, the yeas were 22, nays 15, and the Bethel, Jackson of the 24th amendment #1 to the committee substitute was adopted. Senators Bethel of the 54th and Carter of the 42nd offered the following amendment #2: Amend the Senate Judiciary, Non-civil Committee substitute to HB 349 (LC 29 5646S) by inserting after the semicolon on line 20 the following: to revise eligibility for a HOPE grant at a technical college or university institution; 2024 JOURNAL OF THE SENATE By replacing line 589 with the following: relating to HOPE scholarships and grants, is amended by revising paragraph (1) of subsection (a) of Code Section 20-3-519.5, relating to eligibility requirements for HOPE grants, as follows: "(1) Meet achievement standards by earning a cumulative grade point average of at least 3.0 2.0 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 2.0 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 shall only be eligible to regain or requalify for the HOPE grant one time; and" SECTION 12A. Said part is further amended by revising Code Section 20-3-519.6, Senator Staton of the 18th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Bethel, Carter of the 42nd amendment #2 to the committee substitute 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 Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Sims Y Staton Y Stone THURSDAY, MARCH 21, 2013 2025 Y Crane Y Crosby Y Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar 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 46, nays 1. HB 349, having received the requisite constitutional majority, was passed by substitute. HB 473. By Representatives Welch of the 110th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties and municipal corporations, so as to add the option of fiscal year contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler of the 52nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Sims Y Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson 2026 JOURNAL OF THE SENATE Fort Y Ginn Y Golden Y Gooch Y Loudermilk Lucas Y McKoon Y Millar Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 473, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd moved that the following bill, having been placed on the Table on Wednesday, March 20, 2013, be taken from the Table: HB 171. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others: 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 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for the continuation in office of current members; to provide for qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; 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. Senate Sponsor: Senator Albers of the 56th. On the motion, Senator James of the 35th objected. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Chance N Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Miller Y Mullis Y Murphy N Orrock E Ramsey N Seay Y Shafer N Sims Y Staton THURSDAY, MARCH 21, 2013 2027 Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Stone N Tate N Thompson, C E 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 HB 171 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), HB 171, having been taken from the Table, was placed at the foot of the Senate Rules Calendar. Senator Hill of the 32nd moved that the following bill, having been placed on the Table on Wednesday March 20, 2013, be taken from the Table: HB 347. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Hill of the 32nd. On the motion, Senator James of the 35th objected. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J N Harbison Y Harper Y Heath E Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Miller Y Mullis Y Murphy N Orrock E Ramsey N Seay Y Shafer N Sims 2028 JOURNAL OF THE SENATE Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Jackson, B N Jackson, L N James Y Jeffares Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Staton Y Stone 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 13; the motion prevailed, 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 Hill of the 32nd moved that the following bill, having been placed on the Table on Wednesday, March 20, 2013, be taken from the Table: HB 443. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; 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. Senate Sponsor: Albers of the 56th. On the motion, Senator James of the 35th objected. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach N Harbison Y Harper Y Heath Miller Y Mullis Y Murphy THURSDAY, MARCH 21, 2013 2029 Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Ginn Y Golden Y Gooch E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar N Orrock E Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 35, nays 13; the motion prevailed, and HB 443 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), HB 443, having been taken from the Table, was placed at the foot of the Senate Rules Calendar. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Heath of the 31st Ginn of the 47th Ligon, Jr. of the 3rd Golden of the 8th Stone of the 23rd HB 171. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others: 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 12, 1982 (Ga. L. 1982, p. 4148), an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for the continuation in office of current members; to provide for qualifications and the manner of election and terms of office; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for a quorum; 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. Senate Sponsor: Senator Albers of the 56th. 2030 JOURNAL OF THE SENATE Senators Tate of the 38th, Fort of the 39th and Orrock of the 36th offered the following substitute to HB 171: 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. 1880-81, 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), is amended by revising subsections (a) and (b) of Section 2 as follows: "(a) For the purpose of electing the members of the board of commissioners, there shall be seven commissioner districts to be designated Commission Districts 1 through 7. One commissioner shall be elected from each district. Commission Districts 1 and 2 shall consist of the entirety of Fulton County. Commission Districts 3 through 7 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: fultoncc-2012 Plan Type: local Administrator: fulton cc User: bak'. (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 Fulton 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. THURSDAY, MARCH 21, 2013 2031 (3) Any part of Fulton County 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. (a) All members of the board of commissioners serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their respective successors are elected and qualified unless otherwise removed from office as provided by the Constitution and laws of this state. (b) Each member of the board of commissioners serving in office on the effective date of this Act and elected from former Commissioner District 3, 4, 5, 6, or 7 shall on and after said date be deemed to represent the new Commissioner District 3, 4, 5, 6, or 7 in which he or she resides. SECTION 3. The Board of Commissioners of Fulton 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: fultoncc-2012 Plan Type: local Administrator: fulton cc User: bak District 003 Fulton County VTD: 121AP01A - AP01A VTD: 121AP01B - AP01B VTD: 121AP01C - AP01C VTD: 121AP02 - AP02 VTD: 121AP04 - AP04 VTD: 121AP05 - AP05 VTD: 121AP06 - AP06 VTD: 121AP07A - AP07A VTD: 121AP07B - AP07B VTD: 121AP09A - AP09A 2032 JOURNAL OF THE SENATE VTD: 121AP09B - AP09B VTD: 121AP10 - AP10 VTD: 121AP12 - AP12 VTD: 121AP13 - AP13 VTD: 121AP14A - AP14A VTD: 121AP14B - AP14B VTD: 121AP14C - AP14C VTD: 121JC01 - JC01 VTD: 121JC02 - JC02 VTD: 121JC03 - JC03 VTD: 121JC04A - JC04A VTD: 121JC04B - JC04B VTD: 121JC05 - JC05 VTD: 121JC06 - JC06 VTD: 121JC07 - JC07 VTD: 121JC08 - JC08 VTD: 121JC09 - JC09 VTD: 121JC10 - JC10 VTD: 121JC11 - JC11 VTD: 121JC12A - JC12A VTD: 121JC12B - JC12B VTD: 121JC13A - JC13A VTD: 121JC13B - JC13B VTD: 121JC14 - JC14 VTD: 121JC15 - JC15 VTD: 121JC16 - JC16 VTD: 121JC17 - JC17 VTD: 121JC18 - JC18 VTD: 121JC19 - JC19 VTD: 121ML01A - ML01A VTD: 121ML01B - ML01B VTD: 121ML02A - ML02A VTD: 121ML02B - ML02B VTD: 121ML03 - ML03 VTD: 121ML04 - ML04 VTD: 121ML05 - ML05 VTD: 121ML06 - ML06 VTD: 121ML07 - ML07 VTD: 121MP01 - MP01 VTD: 121RW09 - RW09 VTD: 121RW12A - RW12A VTD: 121RW12B - RW12B VTD: 121RW12C - RW12C THURSDAY, MARCH 21, 2013 VTD: 121RW13 - RW13 VTD: 121RW15 - RW15 VTD: 121RW18 - RW18 VTD: 121RW19 - RW19 VTD: 121RW21B - RW21B VTD: 121RW22A - RW22A 3002 3003 3004 3008 3009 4006 1011 1012 1013 1015 1016 2003 2004 2007 2008 District 004 Fulton County VTD: 12107A - 07A VTD: 12107F - 07F VTD: 12107G - 07G VTD: 12108A - 08A VTD: 12108B - 08B VTD: 12108C - 08C VTD: 12108D - 08D VTD: 12108G - 08G VTD: 12108M - 08M VTD: 121AP03 - AP03 VTD: 121RW01 - RW01 VTD: 121RW02 - RW02 VTD: 121RW03A - RW03A VTD: 121RW03B - RW03B VTD: 121RW04 - RW04 VTD: 121RW05 - RW05 VTD: 121RW06 - RW06 VTD: 121RW07A - RW07A VTD: 121RW07B - RW07B VTD: 121RW08 - RW08 VTD: 121RW10 - RW10 VTD: 121RW11A - RW11A VTD: 121RW16 - RW16 VTD: 121RW17 - RW17 VTD: 121RW20 - RW20 VTD: 121RW21A - RW21A VTD: 121RW22A - RW22A 1003 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1000 1001 1002 1003 4000 4001 4002 4003 4004 4005 VTD: 121SS01 - SS01 VTD: 121SS02A - SS02A 2033 2034 JOURNAL OF THE SENATE VTD: 121SS02B - SS02B VTD: 121SS03 - SS03 VTD: 121SS04 - SS04 VTD: 121SS05 - SS05 VTD: 121SS06 - SS06 VTD: 121SS07A - SS07A VTD: 121SS07B - SS07B VTD: 121SS07C - SS07C VTD: 121SS08A - SS08A VTD: 121SS08B - SS08B VTD: 121SS08C - SS08C VTD: 121SS09 - SS09 VTD: 121SS10 - SS10 VTD: 121SS11A - SS11A VTD: 121SS11B - SS11B VTD: 121SS11C - SS11C VTD: 121SS11D - SS11D VTD: 121SS12 - SS12 VTD: 121SS13A - SS13A VTD: 121SS13B - SS13B VTD: 121SS14 - SS14 VTD: 121SS15A - SS15A VTD: 121SS15B - SS15B VTD: 121SS16 - SS16 VTD: 121SS17 - SS17 VTD: 121SS18A - SS18A VTD: 121SS18B - SS18B VTD: 121SS19 - SS19 VTD: 121SS20 - SS20 VTD: 121SS22 - SS22 VTD: 121SS25 - SS25 VTD: 121SS26 - SS26 VTD: 121SS29 - SS29 VTD: 121SS31 - SS31 District 005 Fulton County VTD: 12102X - 02X VTD: 12103A1 - 03A1 VTD: 12103A2 - 03A2 VTD: 12103B1 - 03B1 VTD: 12103B2 - 03B2 VTD: 12103C - 03C THURSDAY, MARCH 21, 2013 VTD: 12103D - 03D VTD: 12103H - 03H VTD: 12103P1 - 03P1 VTD: 12103R - 03R VTD: 12103S - 03S VTD: 12104A - 04A VTD: 12104D - 04D VTD: 12104L - 04L VTD: 12104S - 04S VTD: 12104T - 04T VTD: 12104X1 - 04X1 VTD: 12104X2 - 04X2 VTD: 12107B - 07B VTD: 12107C - 07C VTD: 12107D - 07D VTD: 12107E - 07E VTD: 12107H - 07H VTD: 12107J - 07J VTD: 12107K1 - 07K1 VTD: 12107K2 - 07K2 VTD: 12107M1 - 07M1 VTD: 12107M2 - 07M2 VTD: 12107N - 07N VTD: 12108E - 08E VTD: 12108F - 08F VTD: 12108H - 08H VTD: 12108J - 08J VTD: 12108K - 08K VTD: 12108L - 08L VTD: 12108N - 08N VTD: 12108P - 08P VTD: 12109A - 09A VTD: 12109B - 09B VTD: 12109C - 09C VTD: 12109D - 09D VTD: 12109E - 09E VTD: 12109F - 09F VTD: 12109G - 09G VTD: 12109K - 09K VTD: 12109L - 09L VTD: 12109M - 09M VTD: 12109N - 09N VTD: 12110A - 10A 2035 2036 JOURNAL OF THE SENATE VTD: 12110C - 10C VTD: 12110D - 10D VTD: 12110E - 10E VTD: 12110F - 10F VTD: 12110G - 10G VTD: 12110H - 10H VTD: 12110J - 10J VTD: 12110L - 10L VTD: 12110M1 - 10M1 VTD: 12110M2 - 10M2 VTD: 12110P - 10P VTD: 12110R - 10R VTD: 12111A1 - 11A1 VTD: 12111A2 - 11A2 VTD: 12111A3 - 11A3 VTD: 12111B1 - 11B1 VTD: 12111B2 - 11B2 VTD: 12111C - 11C VTD: 12111G - 11G VTD: 12111H1 - 11H1 VTD: 12111H2 - 11H2 VTD: 12111K - 11K VTD: 12111L - 11L VTD: 12111M - 11M VTD: 12111N - 11N VTD: 12111R - 11R VTD: 121SC14 - SC14 VTD: 121SC30 - SC30 District 006 Fulton County VTD: 12101A - 01A VTD: 12101B - 01B VTD: 12101C - 01C VTD: 12101D - 01D VTD: 12101E - 01E VTD: 12101F - 01F VTD: 12101G - 01G VTD: 12101J - 01J VTD: 12101P1 - 01P1 VTD: 12101P2 - 01P2 VTD: 12101R - 01R VTD: 12101S - 01S THURSDAY, MARCH 21, 2013 VTD: 12101T - 01T VTD: 12102A - 02A VTD: 12102B - 02B VTD: 12102C - 02C VTD: 12102D - 02D VTD: 12102E - 02E VTD: 12102F1 - 02F1 VTD: 12102F2 - 02F2 VTD: 12102G - 02G VTD: 12102J - 02J VTD: 12102L1 - 02L1 VTD: 12102L2 - 02L2 VTD: 12102S - 02S VTD: 12102W - 02W VTD: 12103E - 03E VTD: 12103F - 03F VTD: 12103G - 03G VTD: 12103L - 03L VTD: 12103M - 03M VTD: 12103N - 03N VTD: 12103P2 - 03P2 VTD: 12103T - 03T VTD: 12103U - 03U VTD: 12104B - 04B VTD: 12104E - 04E VTD: 12104G - 04G VTD: 12104H - 04H VTD: 12104K - 04K VTD: 12104M - 04M VTD: 12104V - 04V VTD: 12104W - 04W VTD: 12105A - 05A VTD: 12105B - 05B VTD: 12105C - 05C VTD: 12105F - 05F VTD: 12106A - 06A VTD: 12106B - 06B VTD: 12106D - 06D VTD: 12106E - 06E VTD: 12106F - 06F VTD: 12106G - 06G VTD: 12106H - 06H VTD: 12106J - 06J 2037 2038 JOURNAL OF THE SENATE VTD: 12106K - 06K VTD: 12106L - 06L VTD: 12106R - 06R VTD: 12106S - 06S VTD: 12112A - 12A VTD: 12112B - 12B VTD: 12112C - 12C VTD: 12112D - 12D VTD: 12112E1 - 12E1 VTD: 12112F - 12F VTD: 12112G - 12G VTD: 12112H - 12H VTD: 12112J - 12J VTD: 12112L - 12L VTD: 12112M - 12M VTD: 12112S - 12S VTD: 12112T - 12T VTD: 121EP03 - EP03 VTD: 121EP04 - EP04 VTD: 121EP05A - EP05A 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 3000 3009 3010 3011 3012 3015 3016 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 2027 2028 2036 2039 2040 2041 2042 VTD: 121EP07 - EP07 1003 1004 1005 1006 1007 1008 1009 1010 1011 1014 1015 3007 3009 3010 District 007 Fulton County VTD: 12111E1 - 11E1 VTD: 12111E2 - 11E2 VTD: 12111E3 - 11E3 VTD: 12111E4 - 11E4 VTD: 12111J - 11J VTD: 12111P - 11P VTD: 12112E2 - 12E2 VTD: 121CH01 - CH01 VTD: 121CH02 - CH02 VTD: 121CH03 - CH03 VTD: 121CH04 - CH04 THURSDAY, MARCH 21, 2013 VTD: 121CH05 - CH05 VTD: 121CP01A - CP01A VTD: 121CP01B - CP01B VTD: 121CP02A - CP02A VTD: 121CP02B - CP02B VTD: 121CP04 - CP04 VTD: 121CP05A - CP05A VTD: 121CP05B - CP05B VTD: 121CP06 - CP06 VTD: 121CP07A - CP07A VTD: 121CP07B - CP07B VTD: 121CP08A - CP08A VTD: 121CP08B - CP08B VTD: 121CP08C - CP08C VTD: 121EP01 - EP01 VTD: 121EP05A - EP05A 3079 3080 3081 3082 1011 3001 3002 3003 3004 3005 3006 3007 3008 3013 3014 3017 3018 3019 3020 3021 3022 3023 3024 3025 2019 2020 2029 2030 2031 2032 2033 2034 2035 2037 2038 2043 1000 2000 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 3048 3050 3051 3052 3053 3054 3055 3056 3057 3059 VTD: 121EP05B - EP05B VTD: 121EP06 - EP06 VTD: 121EP07 - EP07 1020 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 3011 3012 3013 3033 3034 3035 3036 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 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 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 5000 5001 5002 5003 5005 5006 5009 5010 5011 5012 5013 5014 5015 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 2039 2040 JOURNAL OF THE SENATE VTD: 121EP08A - EP08A VTD: 121EP08D - EP08D VTD: 121EP09 - EP09 VTD: 121EP10 - EP10 VTD: 121EP11 - EP11 VTD: 121FA01A - FA01A VTD: 121FA01B - FA01B VTD: 121HP01 - HP01 VTD: 121PA01 - PA01 VTD: 121SC01 - SC01 VTD: 121SC02 - SC02 VTD: 121SC04 - SC04 VTD: 121SC05 - SC05 VTD: 121SC07 - SC07 VTD: 121SC08 - SC08 VTD: 121SC09 - SC09 VTD: 121SC10 - SC10 VTD: 121SC11 - SC11 VTD: 121SC13A - SC13A VTD: 121SC13B - SC13B VTD: 121SC16A - SC16A VTD: 121SC16B - SC16B VTD: 121SC17 - SC17 VTD: 121SC18 - SC18 VTD: 121SC19 - SC19 VTD: 121SC21 - SC21 VTD: 121SC23 - SC23 VTD: 121SC27 - SC27 VTD: 121SC29 - SC29 VTD: 121UC01 - UC01 VTD: 121UC02 - UC02 VTD: 121UC03A - UC03A VTD: 121UC03B - UC03B On the adoption of the substitute, the President asked unanimous consent. Senator Albers of the 56th objected. On the adoption of the substitute, 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 Beach Y Harbison N Harper E Heath Miller N Mullis N Murphy THURSDAY, MARCH 21, 2013 2041 E Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance Cowsert N Crane N Crosby Y Davenport Davis N Dugan Y Fort E Ginn E Golden N Gooch E Henson N Hill, H Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B E Jones, E E Ligon N Loudermilk Lucas N McKoon N Millar Y Orrock E Ramsey Y Seay N Shafer Y Sims N Staton E Stone Y Tate Y Thompson, C E Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the substitute, the yeas were 12, nays 29, and the Tate, et al. substitute was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort E Ginn E Golden Y Gooch N Harbison Y Harper E Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L James Y Jeffares Y Jones, B E Jones, E E Ligon Y Loudermilk Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy N Orrock E Ramsey N Seay Y Shafer N Sims Y Staton E Stone N Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 2042 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 31, nays 11. HB 171, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Donzella James Economic Development District 35 Education and Youth 304-B Coverdell Legislative Office Building Special Judiciary Atlanta, GA 30334 State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 March 22, 2013 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Secretary Ewing, On Thursday, March 21, 2013, the Senate voted on HB 171. No vote was recorded for me at the time. Through this letter, I am giving notice of my opposition to the measure and ask for a vote of Nay to be entered into the record of the Senate. Thank you for your attention to this matter. Sincerely, /s/ Donzella J. James Senator, District 35 The following Senators were excused for business outside the Senate Chamber: Murphy of the 27th Wilkinson of the 50th HB 347. By Representatives Riley of the 50th, Wilkinson of the 52nd, Willard of the 51st, Geisinger of the 48th, Jones of the 47th and others: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Fulton County, Georgia, approved March 30, 1989 (Ga. L. 1989, p. 4577), so as to revise the manner of appointment of the members of THURSDAY, MARCH 21, 2013 2043 the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Hill of the 32nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Dugan N Fort E Ginn E Golden Y Gooch N Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E E Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock E Ramsey N Seay Y Shafer N Sims Y Staton E Stone N Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman E Wilkinson Y Williams On the passage of the bill, the yeas were 31, nays 13. HB 347, having received the requisite constitutional majority, was passed. HB 443. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the 2044 JOURNAL OF THE SENATE appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; 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. Senate Sponsor: Albers of the 56th. Senators Fort of the 39th, Orrock of the 36th, Tate of the 38th and James of the 35th offered the following amendment #1: Amend HB 443 (LC 35 2902) by replacing lines 3 and 4 with the following: the chief magistrate judge of the Magistrate Court of Fulton County currently serving By deleting "and until a successor has been duly appointed" on line 18. By replacing lines 20 and 21 with the following: be elected at the nonpartisan general election held immediately preceding On the adoption of the amendment, the President asked unanimous consent. Senator Albers of the 56th objected. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Beach N Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance Cowsert Crane N Crosby Y Davenport Davis N Dugan Y Fort N Ginn E Golden N Gooch Y Harbison N Harper N Heath E Henson N Hill, H N Hill, Jack N Hill, Judson Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares Jones, B E Jones, E N Ligon N Loudermilk Lucas N McKoon N Millar N Miller N Mullis E Murphy Y Orrock E Ramsey Y Seay N Shafer Sims N Staton E Stone Y Tate Y Thompson, C E Thompson, S N Tippins N Tolleson N Unterman E Wilkinson N Williams THURSDAY, MARCH 21, 2013 2045 On the adoption of the amendment, the yeas were 11, nays 30, and the Fort, 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 Beach Y Bethel Y Burke N Butler Carter, B N Carter, J Y Chance Cowsert N Crane Y Crosby N Davenport Davis Dugan N Fort Y Ginn E Golden Y Gooch N Harbison Y Harper Y Heath E Henson Y Hill, H Y Hill, Jack Y Hill, Judson N Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 29, nays 12. Y Miller Y Mullis E Murphy N Orrock E Ramsey N Seay Y Shafer Sims Y Staton Y Stone Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman E Wilkinson Y Williams HB 443, having received the requisite constitutional majority, was passed. Senator Fort of the 39th gave notice that at the proper time he would move that the Senate reconsider its action on HB 443. The following communication was received by the Secretary: Senator Horacena Tate District 38 121-A State Capitol Atlanta, GA 30334 Committees: Rules Appropriations Education and Youth State and Local Governmental Operations Reapportionment and Redistricting Urban Affairs DEMOCRATIC CAUCUS CHAIRMAN 2046 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 MEMORANDUM TO: Mr. Robert Ewing Secretary of Senate FROM: Senator Horacena Tate 38th District SUBJECT: REGISTER MISSED VOTE DATE: MONDAY, MARCH 25, 2013 On Thursday, March 21, 2013, the Senate voted on HB 443. There was not a vote recorded for me at that time. Through this letter, I am giving notice of my opposition to the measure and ask for a vote of "Nay" to be entered into the record of the Senate. Thank you. The following bill was taken up to consider House action thereto: HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Miller of the 49th asked unanimous consent that the Senate insist on its substitute to HB 487. The consent was granted, and the Senate insisted on its substitute to HB 487. Senator Staton of the 18th moved that the Senate adjourn until 10:00 a.m. Friday, March 22, 2013. The motion prevailed, and the President announced the Senate adjourned at 4:15 p.m. FRIDAY, MARCH 22, 2013 2047 Senate Chamber, Atlanta, Georgia Friday, March 22, 2013 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. Senator Fort of the 39th moved that the Senate reconsider its action in passing the following bill. HB 443. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Lindsey of the 54th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, so as to provide that the successor to the chief magistrate judge of the Magistrate Court of Fulton County currently serving shall be appointed by the Governor; to provide that after one four-year term, the chief magistrate shall be elected in nonpartisan elections; to provide for the appointment of magistrates; to provide for the assignment of responsibilities; to provide for the filling of vacancies; 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. Senate Sponsor: Albers of the 56th. Senator Fort of the 39th withdrew his motion, and HB 443 was not reconsidered. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills and Resolution of the Senate: 2048 SB 14. SB 76. SB 87. SB 97. SB 140. JOURNAL OF THE SENATE By Senators Unterman of the 45th, Wilkinson of the 50th, Crosby of the 13th, Hill of the 4th and Orrock of the 36th: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to create a Georgia Alzheimer's and Related Dementias State Plan Task Force; to provide for legislative intent; to provide for its members and vacancies; to provide for duties and responsibilities; to provide for a chairperson; to provide for a quorum for the transaction of business; to provide for a final report; to provide for related matters; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. By Senators Jackson of the 2nd, Harbison of the 15th, Jones of the 10th, Lucas of the 26th and Sims of the 12th: 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. By Senators Ginn of the 47th, Wilkinson of the 50th and Harper of the 7th: A BILL to be entitled an Act to amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to marketing facilities, organizations, and programs, so as to repeal the roadside markets incentive program; to repeal conflicting laws; and for other purposes. By Senators Wilkinson of the 50th, Heath of the 31st and Ginn of the 47th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to create the Agricultural Commodity Commission for Beef; to provide for membership; to establish powers and limitations regarding assessments; to provide an effective date; to repeal conflicting laws; and for other purposes. By Senators Murphy of the 27th, Miller of the 49th, Mullis of the 53rd, Ginn of the 47th and Gooch of the 51st: A BILL to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract FRIDAY, MARCH 22, 2013 2049 requirements, rules and regulations, and exemptions, so as to include contracts, agreements, and instruments for the repair of certain wear and tear of a motor vehicle to include rips, burns, tears, holes, and punctures to interior fabric or carpet, cosmetic repair to aluminum or painted wheels, and exterior reconditioning of foggy or yellowed headlights within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. SR 267. By Senator Ligon, Jr. of the 3rd: A RESOLUTION urging the United States Army Corps of Engineers to close Noyes Cut in the Satilla River System; and for other purposes The House has passed, by substitute, by the requisite constitutional majority the following Bills and Resolution of the Senate: SB 11. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties; to provide for rules and regulations; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 170. By Senator Hill of the 32nd: 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. SB 179. By Senators Hill of the 6th and Dugan of the 30th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an 2050 JOURNAL OF THE SENATE exception; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 236. By Senators Jones of the 25th, Murphy of the 27th, Harper of the 7th, Tippins of the 37th, Ginn of the 47th 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 require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any, attributable to the Patient Protection and Affordable Care Act; to provide for related matters; to repeal conflicting laws; and for other purposes. SR 113. By Senators Jackson of the 24th, Albers of the 56th, Jeffares of the 17th and Bethel of the 54th: 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, 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 262. By Senators Jones of the 25th, Mullis of the 53rd, Jeffares of the 17th, Golden of the 8th, Dugan of the 30th and others: A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for legislative findings; to provide for definitions; to provide for tuition grant assistance for certain students attending the Military Junior College of Georgia; to provide for the manner of applying for such grants; to provide for reductions of grant amounts under certain circumstances; to provide for audits; to provide for refunds under certain circumstances; to provide for penalties for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. FRIDAY, MARCH 22, 2013 2051 SB 263. By Senator Jackson of the 2nd: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for certain residents of the City of Savannah regarding whether certain property should be deannexed from the corporate limits of the city; to provide for a referendum; 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. SB 264. By Senator Jackson of the 2nd: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for residents of the City of Savannah regarding whether certain property should be deannexed from the corporate limits of the city; to provide for a referendum; 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 613. By Senator Mullis of the 53rd: A RESOLUTION requesting the Georgia Department of Transportation extend State Route 341 north to the Georgia/Tennessee state line to include McFarland Avenue in Rossville, Georgia; and for other purposes. Referred to the Transportation Committee. SR 618. By Senators Beach of the 21st, Gooch of the 51st, Fort of the 39th, Carter of the 42nd and Tippins of the 37th: A RESOLUTION creating the Senate Study Committee on Public Transportation in the Metropolitan Atlanta Region; and for other purposes. Referred to the Rules Committee. SR 623. By Senators McKoon of the 29th, Shafer of the 48th, Bethel of the 54th and Heath of the 31st: A RESOLUTION creating the Senate Select Study Committee on Erin's Law; and for other purposes. Referred to the Rules Committee. 2052 JOURNAL OF THE SENATE SR 625. By Senators Orrock of the 36th, Fort of the 39th, Butler of the 55th, James of the 35th, Seay of the 34th and others: A RESOLUTION supporting the strengthening of Social Security, Medicare, and Medicaid; 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 380. By Representatives Riley of the 50th, Jones of the 47th, Geisinger of the 48th, Wilkinson of the 52nd, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor and funding agent of such plan; to provide for the administration of the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 528. By Representatives Yates of the 73rd, Mabra of the 63rd and Fludd of the 64th: A BILL to be entitled an Act to authorize the governing authority of the City of Peachtree City to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 561. By Representatives Nimmer of the 178th and Dutton of the 157th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to change the description of the election districts; to provide for definitions and inclusions; to provide for the continuation in office FRIDAY, MARCH 22, 2013 2053 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 575. By Representative Rice of the 95th: A BILL to be entitled an Act to amend an Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), so as to change certain provisions relating to the city's ability to enter into agreements with other governmental parties; to provide for the city's inclusion to the Gwinnett County Police Service District, the Gwinnett County Fire and Emergency Medical Service District, the Gwinnett County Recreation District, and the Gwinnett County Emergency 9-1-1 System at the conclusion of the city's transition period; to clarify the city's municipal elections through the transition period; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 589. By Representative Jackson of the 128th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447), 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 590. By Representative Kelley 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, so as to revise the districts for the election of members of the Board of Education of Polk 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 effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2054 JOURNAL OF THE SENATE HB 591. By Representatives Glanton of the 75th, Stovall of the 74th, Waites of the 60th, Mabra of the 63rd and Scott of the 76th: A BILL to be entitled an Act repealing an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3869); and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 593. By Representative Jackson of the 128th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454), 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 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 594. By Representatives Martin of the 49th, Jones of the 47th, Lindsey of the 54th, Riley of the 50th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to define certain terms; to provide that all future employees of Fulton County other than public safety employees shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 596. By Representative Pruett of the 149th: A BILL to be entitled an Act to amend an Act reapportioning the election districts of the Board of Education of Telfair County, approved April 11, 1979 FRIDAY, MARCH 22, 2013 2055 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5385), so as to redistrict the Board of Education of Telfair County; to change the description of the education districts; to provide for the continuation in office of the current members and the election of subsequent members; to provide for related matters; 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 598. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Wilkinson of the 52nd, Geisinger of the 48th and others: A BILL to be entitled an Act to provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 603. By Representatives Evans of the 42nd, Ehrhart of the 36th, Wilkerson of the 38th, Parsons of the 44th, Bruce of the 61st and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3699), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 604. By Representatives Jones of the 47th, Lindsey of the 54th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), so as to provide for dates on which the governing authority of Fulton County may make or fix certain levies of ad valorem taxes; to provide for procedures related thereto; to cite a certain constitutional authorization; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2056 JOURNAL OF THE SENATE 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 70 HB 244 HB 283 Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Tippins of the 37th 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 87 Do Pass by substitute Respectfully submitted, Senator Jeffares of the 17th 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 34 HB 250 HB 463 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Hill of the 32nd District, Chairman FRIDAY, MARCH 22, 2013 2057 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 189 HB 497 SR 531 Do Pass Do Pass by substitute Do Pass HB 320 Do Pass by substitute SR 502 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 104 Do Pass HB 482 Do Pass Respectfully submitted, Senator Carter of the 1st District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 150 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: 2058 JOURNAL OF THE SENATE HB 253 HB 442 HB 450 HB 467 HB 476 HB 529 HB 574 HB 578 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 281 HB 447 HB 452 HB 472 HB 527 HB 573 HB 576 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following legislation was read the second time: HB 34 HB 244 HB 497 HB 70 HB 250 SR 502 HB 87 HB 283 SR 531 HB 104 HB 320 HB 150 HB 463 HB 189 HB 482 Senator Mullis of the 53rd recognized and commended the Atlanta Falcons football team, commended by SR 599, adopted previously. Arthur Blank addressed the Senate briefly. Senator Staton of the 18th introduced the doctor of the day, Dr. Edward H. Young. Senator Bethel of the 54th asked unanimous consent that Senator Jeffares of the 17th be excused. The consent was granted, and Senator Jeffares was excused. The following Senators were excused for business outside the Senate Chamber: Hill of the 6th Jones of the 10th Thompson of the 33rd Hill of the 32nd Murphy of the 27th Jackson of the 24th Seay of the 34th The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Carter, B Carter, J Chance Cowsert Fort Golden Gooch Harbison Harper Heath Henson Hill, Jack Hufstetler Millar Miller Mullis Orrock Ramsey Shafer Sims Staton Stone FRIDAY, MARCH 22, 2013 2059 Crane Crosby Davenport Davis Dugan Jones, B Ligon Loudermilk Lucas McKoon Thompson, C Tolleson Unterman Wilkinson Williams Not answering were Senators: Butler Hill, Judson (Excused) James Murphy (Excused) Thompson, S. (Excused) Ginn Jackson, B. (Excused) Jeffares (Excused) Seay (Excused) Tippins Hill, H. (Excused) Jackson, L. Jones, E. (Excused) Tate The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Jackson of the 2nd Tate 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 Adrienne Swearinger of Stone Mountain, Georgia, who offered scripture reading and prayer. Senator Hill of the 6th recognized and commended the Ahavath Achim Synagogue on the occasion of its 125th anniversary, commended by SR 264, adopted previously. Rabbi Neil Sandler addressed the Senate briefly. Senator Shafer of the 48th honored the life of Dick Pettys. Beaux Pettys and Dick Yarbrough addressed the Senate briefly. Senator Gooch of the 51st recognized and congratulated the White County High School WTVN Warrior TV broadcast team on their first place win at the 2013 Student Television National Convention, commended by SR 562, adopted previously. John Jackson and WTVN Executive Director Charles Dewalt addressed the Senate briefly. Senator Harbison of the 15th recognized and commended the Georgia Military Veterans Hall of Fame, Colonel Paul Richard Longgear, Captain Clifford Paul Barnes, Colonel Richard H. White, Sergeant Harry Howard Gregory IV, and Specialist Richard Lee Schooley, commended by SR 616, adopted today. 2060 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 600. By Senators Miller of the 49th, Wilkinson of the 50th and Gooch of the 51st: A RESOLUTION congratulating the North Hall High School Trojans varsity boys basketball team on its exemplary season; and for other purposes. SR 601. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Randall Frost; and for other purposes. SR 602. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Elton Maddox; and for other purposes. SR 603. By Senator Miller of the 49th: A RESOLUTION congratulating Mr. Tommy Bagwell on being inducted into the Northeast Georgia Business Hall of Fame; and for other purposes. SR 604. By Senator Miller of the 49th: A RESOLUTION congratulating Mr. Bob Swoszowski on being inducted into the Northeast Georgia Business Hall of Fame; and for other purposes. SR 605. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Mary Lynn Coyle; and for other purposes. SR 606. By Senator Miller of the 49th: A RESOLUTION congratulating Mr. Jan Cooley on being inducted into the Northeast Georgia Business Hall of Fame; and for other purposes. SR 607. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Mrs. Lee D. Highsmith, executive director of Junior Achievement of Northeast Georgia; and for other purposes. FRIDAY, MARCH 22, 2013 2061 SR 608. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Mr. Russell Vandiver on the occasion of his retirement; and for other purposes. SR 609. By Senator Jackson of the 2nd: A RESOLUTION congratulating the Johnson High School boys basketball team on their 2013 GHSA Class AAA State Championship win; and for other purposes. SR 610. By Senators Davenport of the 44th, Seay of the 34th, Chance of the 16th and Jeffares of the 17th: A RESOLUTION commending Clayton State University women's basketball team on winning the NCAA Division II Southeast Regional Championship; and for other purposes. SR 611. By Senators Jeffares of the 17th, Jones of the 25th and Chance of the 16th: A RESOLUTION congratulating Payton Jonson on winning the first state championship for Strong Rock Christian School; and for other purposes. SR 612. By Senators Carter of the 1st, Albers of the 56th, Loudermilk of the 14th and Harper of the 7th: A RESOLUTION recognizing and commending Captain James Paul Cosper; and for other purposes. SR 614. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Miss Linda White upon the occasion of her ordainment as a minister; and for other purposes. SR 615. By Senators Harbison of the 15th, Dugan of the 30th, Loudermilk of the 14th, Hill of the 6th and Davenport of the 44th: A RESOLUTION encouraging Welcome Home Vietnam Veterans parades and similar events; and for other purposes. 2062 JOURNAL OF THE SENATE SR 616. By Senators Harbison of the 15th, Dugan of the 30th, Loudermilk of the 14th, Hill of the 6th and Davenport of the 44th: A RESOLUTION commending the Georgia Military Veterans Hall of Fame, Colonel Paul Richard Longgear, Captain Clifford Paul Barnes, Colonel Richard H. White, Sergeant Harry Howard Gregory IV, and Specialist Richard Lee Schooley; and for other purposes. SR 617. By Senator Wilkinson of the 50th: A RESOLUTION requesting the implementation of comprehensive school counseling programs for Georgia students; and for other purposes. SR 619. By Senator Tippins of the 37th: A RESOLUTION commending the Cobb EMC Board of Directors, management, and employees; and for other purposes. SR 620. By Senator Jeffares of the 17th: A RESOLUTION honoring the life and memory of Simon Thomas "Tom" Ellis; and for other purposes. SR 621. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending the Chick-fil-A Foundation; and for other purposes. SR 622. By Senator Millar of the 40th: A RESOLUTION recognizing and commending Dr. John D. Welty on the occasion of his retirement; and for other purposes. SR 624. By Senator Sims of the 12th: A RESOLUTION honoring the life and memory of Ms. Andrea P. F. Brooks; and for other purposes. SR 626. By Senators Mullis of the 53rd, Shafer of the 48th, Chance of the 16th and Staton of the 18th: A RESOLUTION recognizing and commending the Atlanta Falcons football team; and for other purposes. FRIDAY, MARCH 22, 2013 2063 SR 650. By Senators Shafer of the 48th, Chance of the 16th, Miller of the 49th, Staton of the 18th, Mullis of the 53rd and others: A RESOLUTION recognizing and commending Mr. Robert F. Ewing on his service to the State of Georgia and on the occasion of his retirement; and for other purposes. The President recognized and commended Mr. Robert F. Ewing. Honorable Secretary of the Georgia State Senate Bob Ewing addressed the Senate: Mr. President and members of the Senate, I have been truly blessed to work in the office of the Secretary of the Senate for 34 years. When I was placed at my first desk and given my IBM Selectric II typewriter and my white out paper, I felt like I had died and gone to heaven...... I was off the roof for good... and actually working my first indoor job!!! Over the years I was mentored and essentially raised by a kind Southern gentleman and eight deeply protective women who taught me the intricacies of recording the legislative process. For every question I posed, I would get a long history lesson, showing how the answers had come to be. As I've learned, the process is always evolving! I have served under 6 Governors and 4 Lieutenant Governors and have witnessed 276 Senators grace this chamber throughout the years.... Being elected Secretary was without question, the highlight of my career. This room is my sanctuary. I often come here in the evening and sit in my seat. It is as if I can hear the voices of members past, debating the stirring issues of their day. It inspires awe. You are a part of a great tradition. When I received the title of "Secretary" in 2006, I was filled with pride. Returning to my office after my election, that morning, I clearly remember the first letter I received from the Lieutenant Governor's office. The address on the envelope left a deep and lasting impression on me. It read "Honorable" Bob Ewing. It impressed upon me the awesome responsibilities conferred by title. Being worthy of "Honor" ....is not to be taken lightly. You all are addressed as "Honorable" by your colleagues and constituents. I hope the weight of that title likewise humbles you each and every day. I want to leave this body with that one thing that influenced me the most. I thought back over the years of listening to the speeches from the well. The vision that will stay with me forever.... is the deep breath and exhalation that a member takes, who after rising and speaking his heart; states "Mr. President, I yield the well". As he steps down... the members on the aisle shake his hand... and pat him on the back... he knows deep down inside how it feels to be a statesman... that he is a statesman and not just a politician. This is the highpoint of this arena. It's not the rote passing of day to day legislation but the speech that occurs on an issue of substance a speech that stirs the hearts of those in favor and of those opposed. That is what I will remember. What an amazing process! 2064 JOURNAL OF THE SENATE I want to thank everyone I have met over the years who has made this Senate such a special family. You know who you are..... I know that we have made great changes for the members and for all Georgians so that their government and its actions are available right at their fingertips. I want to thank my family and my staff for their support. Thank you all for what you do. I wish you long life and happiness. SR 651. By Senators Shafer of the 48th, Chance of the 16th, Miller of the 49th, Staton of the 18th, Wilkinson of the 50th and others: A RESOLUTION recognizing and commending Mr. Jeffrey W. Foley on his service to the State of Georgia and on the occasion of his retirement; and for other purposes. The President recognized Mr. Jeffrey W. Foley. Deputy Secretary of the Georgia State Senate Jeffrey Foley addressed the Senate briefly. At 12:04 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 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 609. By Representatives Rogers of the 10th and Gasaway of the 28th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Demorest," approved May 5, 2006 (Ga. L. 2006, p. 4301), as amended, so as to provide that the corporate limits of such city shall include certain property; to provide 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 613. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Mosby of the 83rd, Dawkins-Haigler of the 91st 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 FRIDAY, MARCH 22, 2013 2065 HB 614. HB 616. HB 619. HB 620. Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Jacobs of the 80th, Holcomb of the 81st, Oliver of the 82nd, Taylor of the 79th, Mayo of the 84th and others: A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), so as to provide a definition for the governing authority of the City of Brookhaven; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for cooperation of the district with the City of Brookhaven; to provide for powers of the district board; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes. By Representative Morris of the 156th: A BILL to be entitled an Act to provide a new charter for the City of Lyons to provide for severability; 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 Oliver of the 82nd, Holcomb of the 81st, Jacobs of the 80th, Taylor of the 79th, Drenner of the 85th 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. 976), 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. By Representatives Rice of the 95th, Marin of the 96th and Holcomb of the 81st: A BILL to be entitled an Act to authorize the City of Peachtree Corners to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a 2066 JOURNAL OF THE SENATE HB 622. HB 623. HB 624. HB 625. HB 626. referendum; to provide for related matters; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representative Greene of the 151st: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Benton of the 31st: A BILL to be entitled an Act to create the City of Commerce Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes By Representative Greene of the 151st: A BILL to be entitled an Act to amend an Act creating the Dawson-Terrell County Airport Authority, approved April 4, 1997 (Ga. L. 1997, p. 3696), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3958), so as to change the membership; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Hitchens of the 161st and Burns of the 159th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005 (Ga. L. 2005, p. 3547), so as to provide that the corporate limits of such town shall include certain property; to repeal conflicting laws; and for other purposes. By Representative Channell of the 120th: A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to split the position of secretary-treasurer into two separate positions; to provide for an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 22, 2013 2067 HB 627. HB 628. HB 629. HB 630. HB 631. By Representatives Jones of the 47th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to change a certain provision relating to the dissolution of the district; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Neal of the 2nd, Deffenbaugh of the 1st and Weldon of the 3rd: A BILL to be entitled an Act to amend an Act to change the method of filling vacancies on the board of the hospital authority of Walker, Dade, and Catoosa counties, approved April 12, 1982 (Ga. L. 1982, p. 4531), so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Gregory of the 34th, Setzler of the 35th, Carson of the 46th, Cooper of the 43rd, Teasley of the 37th and others: A BILL to be entitled an Act to provide a new charter for the City of Kennesaw; to provide for reincorporation; to provide for an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. By Representative Kelley of the 16th: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652), so as to provide for districts; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Kelley of the 16th: A BILL to be entitled an Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3949), so as to change certain provisions relating to the appointment, taking of office, and terms of office of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. 2068 JOURNAL OF THE SENATE HB 632. HB 634. HB 635. HB 636. By Representatives Dukes of the 154th and Greene of the 151st: A BILL to be entitled an Act to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, approved March 18, 1986 (Ga. L. 1986, p. 3831), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4234), so as to provide for the appointment of members; to repeal conflicting laws; and for other purposes. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Bruce of the 61st, Smith of the 41st, Evans of the 42nd and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide for city council terms and qualifications for office; to provide for election of the city council and mayor; to provide for the powers and duties of the city manager; to provide for the qualifications of the municipal court judges; to provide for a code of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Pruett of the 149th: A BILL to be entitled an Act to amend an Act to provide for the membership of the Dodge County-Eastman Development Authority, approved May 1, 2012 (Ga. L. 2012, p. 4970), so as to change the membership and terms of office of the Dodge County-Eastman Development Authority; to provide for the transfer of the powers, duties, assets, property, liabilities, and indebtedness of the Heart of Georgia Regional Airport Authority to the Dodge County-Eastman Development Authority; to provided a statement of authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. By Representative Pruett of the 149th: A BILL to be entitled an Act to amend an Act to create the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, so as to abolish the authority; to transfer all powers, powers, duties, assets, property, liabilities, and indebtedness of the authority to the Dodge County-Eastman Development Authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 22, 2013 2069 HB 638. HB 639. HB 641. HB 642. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Parsons of the 44th, Wilkerson of the 38th, Morgan of the 39th and others: A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3730), so as to provide for a supplement to be paid to each of the judges of the superior court of such circuit and an additional supplement for the chief judge of such circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Mitchell of the 88th, Williams of the 87th, Anderson of the 92nd, Jacobs of the 80th, Taylor of the 79th and others: A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), and an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Parsons of the 44th, Cooper of the 43rd, Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd and others: A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. By Representatives Jacobs of the 80th, Holcomb of the 81st and Oliver of the 82nd: A BILL to be entitled an Act to amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes. 2070 JOURNAL OF THE SENATE 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 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Ramsey of the 72nd, Coomer of the 14th, and Williams of the 168th. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; 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 March 22, 2013 Thirty-seventh Legislative Day FRIDAY, MARCH 22, 2013 2071 (The names listed are the Senators whose districts are affected by the legislation.) HB 253 Cowsert of the 46th Ginn of the 47th ATHENS-CLARK COUNTY A BILL to be entitled an Act to provide that future elections for the office of probate judge of Athens-Clarke County shall be nonpartisan elections held at the time of certain general primary elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 281 Hill of the 6th Loudermilk of the 14th 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 Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4307), so as to provide for an annual report; to change the termination date; to repeal conflicting laws; and for other purposes. HB 442 Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th STATE COURT OF FULTON COUNTY A BILL to be entitled an Act to provide for the administration of the budget of the State Court of Fulton County; to provide that the court 2072 HB 447 HB 450 HB 452 JOURNAL OF THE SENATE administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; 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. Loudermilk of the 14th Beach of the 21st Albers of the 56th COURT OF CHEROKEE COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), 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 said technology fees may be put; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. Beach of the 21st Albers of the 56th CITY OF MILTON IN FULTON COUNTY A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), 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 HB 467 HB 472 HB 476 HB 527 FRIDAY, MARCH 22, 2013 2073 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. Lucas of the 26th TOWN OF DANVILLE A BILL to be entitled an Act to provide a new charter for the Town of Danville; to provide for related matters; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Hufstetler of the 52nd Bethel of the 54th GORDON COUNTY A BILL to be entitled an Act to authorize the governing authority of Gordon 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. Carter of the 1st Williams of the 19th CITY OF HINESVILLE A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Beach of the 21st Albers of the 56th CITY OF MILTON IN FULTON COUNTY A BILL to be entitled an Act to amend an Act to incorporate the City of Milton in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3554), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4283), so as to clarify the cap on the 2074 HB 529 HB 573 HB 574 HB 576 JOURNAL OF THE SENATE millage rate for ad valorem property taxes; to revise the term limits on the mayor and city council; to provide that the affirmative vote of five councilmembers shall be required to override a veto; to provide for the selection and term of a mayor pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes. Crosby of the 13th CITY OF CORDELE A BILL to be entitled an Act to authorize the governing authority of the City of Cordele to increase the excise tax levied 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. Bethel of the 54th WHITFIELD COUNTY A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Whitfield County; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A. shall not apply to the offer, sale, or issuance of the boards' 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. Shafer of the 48th Albers of the 56th CITY OF JOHNS CREEK A BILL to be entitled an Act to amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to clarify the cap on changing the millage rate for ad valorem property taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. Crosby of the 13th WILCOX COUNTY A BILL to be entitled an Act to create a board of elections and registration for Wilcox County and to provide for its powers and FRIDAY, MARCH 22, 2013 2075 duties; to provide for definitions; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 578 Stone of the 23rd Jackson of the 24th COLUMBIA COUNTY A BILL to be entitled an Act to amend an Act to provide that certain officials of Columbia County who have served at least 15 years in office may, upon leaving office, continue to participate in the county health insurance program by paying the total cost of such participation, approved May 17, 2004 (Ga. L. 2004, p. 4471), as amended, so as to revise the time for vesting in such program; to provide for related matters; to provide for intent; 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 Beach Y Bethel Y Burke N Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Jackson, L James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 2076 JOURNAL OF THE SENATE On the passage of the local legislation, the yeas were 44, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Chance of the 16th moved to engross HB 142, which was on today's Senate Rules Calendar. Senator Lucas of the 26th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Carter, B N Carter, J Y Chance Cowsert Crane Y Crosby N Davenport N Davis Y Dugan N Fort Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 31, nays 15; the motion prevailed, and HB 142 was engrossed. Senator Bethel of the 54th moved to engross HB 318, HB 197, HB 359, and HB 372, which were on today's Senate Rules Calendar. Senator Fort of the 39th objected. FRIDAY, MARCH 22, 2013 2077 On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Cowsert Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 34, nays 15; the motion prevailed, and HB 318, HB 197, HB 359, and HB 372 were engrossed. 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 231. By Senators Loudermilk of the 14th, Albers of the 56th, Ligon, Jr. of the 3rd, Hill of the 4th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, so as to extend the sunset provisions for the additional sums collected on fines for the purpose of funding the commission and driver education and training in Georgia; to provide for 2078 JOURNAL OF THE SENATE related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. NOTICE OF MOTION TO RECONSIDER: HB 443 Fulton County Magistrate Court; successor to chief judge currently serving shall be appointed by Governor; provide (SLGO-56th) Willard-51st SENATE RULES CALENDAR FRIDAY, MARCH 22, 2013 THIRTY-SEVENTH LEGISLATIVE DAY HB 106 General appropriations; State Fiscal Year July 1, 2013 - June 30, 2014 (Substitute)(APPROP-4th) Ralston-7th HB 209 Pharmacists and pharmacies; revise definition of "security paper"; revise requirements (Substitute)(H&HS-11th) Watson-166th HB 318 Georgia Tourism Development Act; revise certain definitions; provisions (Substitute)(FIN-54th) Stephens-164th HB 131 HOPE; dual credit courses; treated the same as advanced placement and international baccalaureate courses for determining eligibility; provide (Substitute)(ED&Y-45th) Clark-101st HB 175 Covenants and warranties; certain covenants run with the land as a matter of public policy of this state; provide (JUDY-29th) Hightower-68th HB 194 Public utilities; venue for actions against gas companies; provide (JUDY-54th) Powell-171st HB 197 Ad valorem tax; land subject to a forest land conservation use covenant; provide taxation (Substitute)(FIN-19th) Powell-171st HB 142 Georgia Government Transparency and Campaign Finance Commission; change certain provisions (Substitute)(RULES-53rd) Ralston-7th HB 122 Sexual Offender Registration Review Board; review and utilize records of Board of Pardons and Paroles in making assessments; authorize (JUDYNC-23rd) Tanner-9th FRIDAY, MARCH 22, 2013 2079 HB 336 HB 359 HB 372 HB 402 Civil practice; tort claims arising out of use of motor vehicles; provide for certain pre-suit settlement offers (JUDY-54th) Powell-171st Unclaimed property; commissioner of revenue to deposit certain funds in state treasury; require (Substitute)(FIN-54th) Nimmer-178th HOPE; grant at technical college or university institutions; revise eligibility (Substitute)(H ED-54th) Coomer-14th Conservation; shore protection and coastal marshlands protection; revise various provisions (NR&E-20th) Stephens-164th HB 384 Transportation, Department of; local governing authority designating public streets or portions thereof for combined use of motorized carts and regular vehicle traffic; modify provisions (TRANS-7th) Roberts-155th HR 73 Word, Mr. Lathan Rydell; compensate (APPROP-38th) Hugley-136th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. Senate Sponsor: Senator Hill of the 4th. 2080 JOURNAL OF THE SENATE SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 106 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014; 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 The sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014, as prescribed hereinafter for such fiscal year: HB 106 (FY 2014G) Gov Rev House SAC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Community Mental Health Services Block Grant CFDA93.958 $19,864,261,481 $19,864,261,481 $19,864,261,481 $17,422,367,055 $17,422,367,055 $17,422,367,055 $975,897,108 $975,897,108 $975,897,108 $910,819,213 $910,819,213 $910,819,213 $143,758,761 $143,758,761 $143,758,761 $1,988,502 $1,988,502 $1,988,502 $167,756,401 $167,756,401 $167,756,401 $241,674,441 $241,674,441 $241,674,441 $11,671,809,163 $11,691,229,956 $11,692,131,264 $3,505,111,198 $3,505,111,198 $3,505,111,198 $96,773,342 $96,773,342 $96,773,342 $1,308,661 $102,632,009 $102,632,009 $102,632,009 $0 $0 $10,191,339 $14,163,709 $14,163,709 $14,163,709 FRIDAY, MARCH 22, 2013 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 University System of Georgia Research Funds 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 2081 $15,977,927 $1,143,641,430 $73,000,590 $51,766,614 $20,886,897 $5,903,396,100 $47,141,096 $2,257,620 $53,771,331 $35,981,142 $249,631,749 $330,741,739 $330,741,739 $15,383,070 $9,551,600 $5,469,450,621 $6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,367,909,586 $214,057,828 $1,972,097,601 $181,754,157 $239,644,939 $239,644,939 $1,672,491 $1,672,491 $2,817,597,126 $435,771 $959,558,722 $15,977,927 $1,143,641,430 $73,978,576 $51,766,614 $20,886,897 $5,920,668,538 $47,141,096 $2,257,620 $53,771,331 $35,981,142 $250,802,118 $330,741,739 $330,741,739 $15,383,070 $9,551,600 $5,473,235,217 $6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,367,909,586 $214,057,828 $1,972,097,601 $181,754,157 $240,044,939 $240,044,939 $1,672,491 $1,672,491 $2,820,981,722 $435,771 $962,943,318 $15,977,927 $1,143,641,430 $73,489,583 $51,766,614 $20,886,897 $5,882,293,182 $47,141,096 $2,257,620 $53,771,331 $35,981,142 $279,067,775 $330,741,739 $330,741,739 $15,383,070 $9,551,600 $5,473,984,517 $6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,368,392,309 $214,057,828 $1,972,097,601 $182,236,880 $239,994,939 $239,994,939 $1,672,491 $1,672,491 $2,821,298,299 $435,771 $963,259,895 2082 JOURNAL OF THE SENATE Tuition and Fees for Higher Education Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Liability Funds Merit System Assessments Optional Medicaid Services Payments Retirement Payments Unemployment Compensation Funds Workers Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers Federal Fund Transfers Not Itemized FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 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 $1,857,602,633 $1,857,602,633 $1,857,602,633 $12,404,745 $12,404,745 $12,404,745 $12,404,745 $12,404,745 $12,404,745 $3,830,198,008 $3,913,749,429 $3,830,198,008 $3,822,672,126 $3,906,223,547 $3,822,672,126 $68,084,624 $68,084,624 $68,084,624 $16,412,502 $16,412,502 $16,412,502 $8,132,349 $8,132,349 $8,132,349 $3,253,537,402 $3,337,088,823 $3,253,537,402 $28,427,991 $28,427,991 $28,427,991 $9,806,920 $9,806,920 $9,806,920 $280,857,262 $280,857,262 $280,857,262 $50,146,672 $50,146,672 $50,146,672 $18,166,404 $18,166,404 $18,166,404 $89,100,000 $89,100,000 $89,100,000 $36,316 $36,316 $36,316 $36,316 $36,316 $36,316 $7,489,566 $7,489,566 $7,489,566 $2,153,035 $2,153,035 $2,153,035 $1,531,226 $1,531,226 $1,531,226 $351,158 $351,158 $351,158 $3,454,147 $3,454,147 $3,454,147 $37,005,521,265 $37,028,726,654 $37,030,377,262 $522,591,938 $495,570,970 $6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 $522,591,938 $495,570,970 $6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 $522,591,938 $495,570,970 $6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 FRIDAY, MARCH 22, 2013 TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 FFIND Child Care and Development Block Grant CFDA93.575 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 State Children's Insurance Program CFDA93.767 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 State Fund Transfers Not Itemized Accounting System Assessments Health Insurance Payments Retirement Payments 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 2083 $369,219,988 $388,640,781 $389,542,089 ($1,739,002) ($1,739,002) ($1,739,002) $1,308,661 $0 $0 $10,191,339 ($126,838) $851,148 $362,155 $394,637,034 $411,909,472 $373,534,116 $200,470 $200,470 $200,470 ($23,751,676) ($22,581,307) $5,684,350 ($20,884,906) ($17,100,310) ($16,351,010) $115,637 $115,637 $115,637 $115,637 $115,637 $115,637 ($1,998,842) ($1,998,842) ($1,516,119) ($1,998,842) ($1,998,842) ($1,516,119) $330,000 $730,000 $680,000 $330,000 $730,000 $680,000 ($18,331,701) ($14,947,105) ($14,630,528) ($18,331,701) ($14,947,105) ($14,630,528) ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) $246,272,618 $329,824,039 $246,272,618 $246,272,618 $329,824,039 $246,272,618 ($21,811) ($21,811) ($21,811) $717,179 $717,179 $717,179 $244,700,252 $328,251,673 $244,700,252 $876,998 $876,998 $876,998 $1,117,199,638 $1,223,956,448 $1,142,055,635 ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) 2084 JOURNAL OF THE SENATE Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 Section Total - Final $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,325,104 $10,325,104 $10,325,104 Continuation Budget $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 1.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds 1.2 Reduce funds for operations. State General Funds $22,330 ($28,401) 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 $1,212,241 $1,212,241 $1,212,241 Appropriation (HB 106) $1,212,241 $1,206,170 $1,212,241 $1,206,170 $1,212,241 $1,206,170 Continuation Budget $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 FRIDAY, MARCH 22, 2013 2085 2.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds 2.2 Reduce funds for operations. State General Funds $17,695 ($11,323) 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 $1,114,623 $1,114,623 $1,114,623 Appropriation (HB 106) $1,114,623 $1,120,995 $1,114,623 $1,120,995 $1,114,623 $1,120,995 Continuation Budget $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 3.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds 3.2 Reduce funds for operations. State General Funds $74,183 ($134,299) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,048,447 $7,048,447 $7,048,447 Appropriation (HB 106) $7,048,447 $6,988,331 $7,048,447 $6,988,331 $7,048,447 $6,988,331 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 $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 2086 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $999,159 $999,159 $999,159 4.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds 4.2 Reduce funds for operations. State General Funds $20,647 ($10,198) 4.100 -Senate Budget and Evaluation Office Appropriation (HB 106) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $999,159 $999,159 $1,009,608 State General Funds $999,159 $999,159 $1,009,608 TOTAL PUBLIC FUNDS $999,159 $999,159 $1,009,608 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,631,809 $18,631,809 $18,631,809 $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 5.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $174,602 $174,602 FRIDAY, MARCH 22, 2013 2087 5.2 Reduce funds for operations. State General Funds ($389,934) ($389,934) 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,631,809 $18,631,809 $18,631,809 Appropriation (HB 106) $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,036,991 $10,036,991 $10,036,991 $9,888,573 $9,888,573 $9,888,573 $9,888,573 $9,888,573 $9,888,573 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 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 6.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $27,677 $27,677 6.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $1,054 $1,054 6.3 Increase funds to reflect an adjustment in telecommunications expenses. 2088 JOURNAL OF THE SENATE State General Funds 6.4 Reduce funds for operations. State General Funds $20,927 $20,927 ($217,648) ($217,648) 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,807,892 State General Funds $4,807,892 TOTAL PUBLIC FUNDS $4,807,892 Appropriation (HB 106) $4,639,902 $4,639,902 $4,639,902 $4,639,902 $4,639,902 $4,639,902 Legislative Fiscal Office Continuation Budget The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 7.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,742 7.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,436 7.3 Reduce funds for operations. State General Funds ($23,159) $25,742 $3,436 ($23,159) 7.100 -Legislative Fiscal Office Appropriation (HB 106) 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 $2,290,157 $2,296,176 $2,296,176 State General Funds $2,290,157 $2,296,176 $2,296,176 TOTAL PUBLIC FUNDS $2,290,157 $2,296,176 $2,296,176 FRIDAY, MARCH 22, 2013 2089 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 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 8.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $43,376 8.2 Reduce funds for operations. State General Funds ($29,823) $43,376 ($29,823) 8.100 -Office of Legislative Counsel Appropriation (HB 106) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,938,942 $2,952,495 $2,952,495 State General Funds $2,938,942 $2,952,495 $2,952,495 TOTAL PUBLIC FUNDS $2,938,942 $2,952,495 $2,952,495 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 $30,450,223 $30,450,223 $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $338,710 $338,710 $338,710 $30,788,933 $30,788,933 $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $30,788,933 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Section Total - Final $31,076,868 $31,076,868 $132,000 $132,000 $30,479,052 $30,479,052 $132,000 $132,000 $30,656,750 $30,656,750 $132,000 $132,000 2090 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $132,000 $31,208,868 $132,000 $30,611,052 $132,000 $30,788,750 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 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 9.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $552,525 $552,525 $552,525 9.2 Reduce funds for American Recovery and Reinvestment Act audit work required in FY2014. Intergovernmental Transfers Not Itemized ($206,710) ($206,710) ($206,710) 9.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,780 $5,780 9.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,580 $1,580 9.5 Reduce funds for personnel and operations. (S:Restore funds for compliance activities and local education audits) State General Funds ($606,275) ($428,388) FRIDAY, MARCH 22, 2013 2091 9.100 -Audit and Assurance Services Appropriation (HB 106) The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non- profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $27,035,335 $26,436,420 $26,614,307 State General Funds $27,035,335 $26,436,420 $26,614,307 TOTAL AGENCY FUNDS $132,000 $132,000 $132,000 Intergovernmental Transfers $132,000 $132,000 $132,000 Intergovernmental Transfers Not Itemized $132,000 $132,000 $132,000 TOTAL PUBLIC FUNDS $27,167,335 $26,568,420 $26,746,307 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 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 10.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $30,233 $30,233 10.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $260 10.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $260 $30,233 $260 $71 10.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support to all Department programs. 2092 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,669,435 $1,669,435 $1,669,435 $1,669,955 $1,669,955 $1,669,955 $1,669,766 $1,669,766 $1,669,766 Immigration Enforcement Review Board Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 11.100 -Immigration Enforcement Review Board Appropriation (HB 106) 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 $20,000 State General Funds $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $20,000 $20,000 $20,000 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 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 12.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,426 $1,426 $1,426 FRIDAY, MARCH 22, 2013 2093 12.100 -Legislative Services Appropriation (HB 106) 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 $248,987 $248,987 $248,987 State General Funds $248,987 $248,987 $248,987 TOTAL PUBLIC FUNDS $248,987 $248,987 $248,987 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 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 13.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $42,461 $42,461 13.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $455 13.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $124 $42,461 $455 $124 13.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 106) 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. 2094 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,103,111 $2,103,111 $2,103,111 $2,103,690 $2,103,690 $2,103,690 $2,103,690 $2,103,690 $2,103,690 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 $14,106,000 $14,106,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $14,256,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $14,339,599 $14,339,599 $150,000 $150,000 $150,000 $14,489,599 $14,442,472 $14,442,472 $150,000 $150,000 $150,000 $14,592,472 $14,428,544 $14,428,544 $150,000 $150,000 $150,000 $14,578,544 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 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 FRIDAY, MARCH 22, 2013 2095 14.1 Increase funds for personnel to restore furloughs. State General Funds $225,016 $112,508 $128,580 14.2 Increase funds for information technology for docket software maintenance fees. State General Funds $33,000 $33,000 $33,000 14.3 Increase funds for one-time funding of software upgrades to allow e-voting for judges. State General Funds $30,000 $30,000 $0 14.4 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds $10,459 $10,459 $10,459 14.5 Increase funds for online legal subscription fee increases. State General Funds $1,124 $1,124 $1,124 14.6 Reduce funds for one-time funding used for software to automate receipt of trial records to support the e-filing initiative. State General Funds ($66,000) ($66,000) ($66,000) 14.7 Reduce funds for one-time funding used to replace computers. State General Funds ($34,000) ($34,000) 14.8 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $246,043 $246,043 14.9 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,062 $3,062 14.10 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $276 $276 14.100 -Court of Appeals Appropriation (HB 106) 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 $14,339,599 $14,442,472 $14,428,544 State General Funds $14,339,599 $14,442,472 $14,428,544 2096 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $150,000 $150,000 $14,489,599 $150,000 $150,000 $150,000 $14,592,472 $150,000 $150,000 $150,000 $14,578,544 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 $12,423,861 $12,423,861 $12,423,861 $12,423,861 $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 $16,121,794 $16,121,794 $12,423,861 $12,423,861 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794 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 $12,831,118 $12,831,118 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,529,051 $12,370,700 $12,370,700 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,068,633 $12,369,998 $12,369,998 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,067,931 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 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 $431,821 $431,821 $431,821 FRIDAY, MARCH 22, 2013 2097 State General Funds TOTAL PUBLIC FUNDS $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 15.1 Reduce funds for one position. State General Funds ($78,806) $0 15.100 -Accountability Courts Appropriation (HB 106) 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 $431,821 $353,015 $431,821 State General Funds $431,821 $353,015 $431,821 TOTAL PUBLIC FUNDS $431,821 $353,015 $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 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 16.100 -Georgia Office of Dispute Resolution Appropriation (HB 106) 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. 2098 JOURNAL OF THE SENATE 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 17.1 Increase funds for training of judges. State General Funds $30,580 $10,000 $10,000 17.100 -Institute of Continuing Judicial Education Appropriation (HB 106) 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 $492,369 $471,789 $471,789 State General Funds $492,369 $471,789 $471,789 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 $1,195,572 $1,174,992 $1,174,992 Judicial Council Continuation Budget 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, FRIDAY, MARCH 22, 2013 2099 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 $10,218,036 $10,218,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 $10,218,036 $10,218,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 $10,218,036 $10,218,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 18.1 Increase funds for personnel and operations for an Executive Director for the Council of Probate Court Judges. State General Funds $108,320 $0 $0 18.2 Increase funds for a new Family Law Information Center. State General Funds $60,357 $0 $0 18.3 Increase funds to support the statewide e-filing initiative. State General Funds $208,000 $0 $0 18.4 Reduce funds. State General Funds ($102,180) ($181,688) 18.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $137,301 $137,301 18.6 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($28,761) ($28,761) 18.7 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,996 $2,996 2100 JOURNAL OF THE SENATE 18.100 -Judicial Council Appropriation (HB 106) 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 STATE FUNDS $10,594,713 $10,227,392 $10,147,884 State General Funds $10,594,713 $10,227,392 $10,147,884 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 $13,416,553 $13,049,232 $12,969,724 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 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 19.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $8,420 $8,420 19.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($2,131) ($2,131) 19.100 -Judicial Qualifications Commission Appropriation (HB 106) 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 FRIDAY, MARCH 22, 2013 2101 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 $512,215 $518,504 $518,504 State General Funds $512,215 $518,504 $518,504 TOTAL PUBLIC FUNDS $512,215 $518,504 $518,504 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 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 20.100 -Resource Center Appropriation (HB 106) 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 $6,774,461 $6,774,461 $6,774,461 $6,774,461 $447,456 $447,456 $447,456 $447,456 $7,221,917 $7,221,917 $6,774,461 $6,774,461 $447,456 $447,456 $7,221,917 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,804,211 $6,804,211 $447,456 $447,456 $7,251,667 $6,789,621 $6,789,621 $447,456 $447,456 $7,237,077 $6,789,621 $6,789,621 $447,456 $447,456 $7,237,077 2102 JOURNAL OF THE SENATE 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 $1,470,066 $1,470,066 $447,456 $447,456 $1,917,522 $1,470,066 $1,470,066 $447,456 $447,456 $1,917,522 $1,470,066 $1,470,066 $447,456 $447,456 $1,917,522 21.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $29,750 $29,593 21.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $268 21.3 Reduce funds. State General Funds ($14,701) $29,593 $268 ($14,701) 21.100 -Council of Juvenile Court Judges Appropriation (HB 106) 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 $1,499,816 $1,485,226 $1,485,226 State General Funds $1,499,816 $1,485,226 $1,485,226 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,947,272 $1,932,682 $1,932,682 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 FRIDAY, MARCH 22, 2013 2103 22.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 106) 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 Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $60,074,711 $60,074,711 $60,074,711 $60,074,711 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $61,876,838 $61,876,838 $60,074,711 $60,074,711 $1,802,127 $1,802,127 $1,802,127 $61,876,838 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $64,638,563 $64,638,563 $1,802,127 $1,802,127 $1,802,127 $66,440,690 $64,308,842 $64,308,842 $1,802,127 $1,802,127 $1,802,127 $66,110,969 $62,944,514 $62,944,514 $1,802,127 $1,802,127 $1,802,127 $64,746,641 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 23.1 Reduce funds. State General Funds $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 ($1,875) ($1,875) 2104 JOURNAL OF THE SENATE 23.100 -Council of Superior Court Clerks (PAC) Appropriation (HB 106) 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 $185,580 $185,580 State General Funds $187,455 $185,580 $185,580 TOTAL PUBLIC FUNDS $187,455 $185,580 $185,580 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 Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $52,881,965 $52,881,965 $1,802,127 $1,802,127 $1,802,127 $54,684,092 $52,881,965 $52,881,965 $1,802,127 $1,802,127 $1,802,127 $54,684,092 $52,881,965 $52,881,965 $1,802,127 $1,802,127 $1,802,127 $54,684,092 24.1 Increase funds for personnel for 25 additional assistant district attorneys. (H and S:Increase funds for 12 additional assistant district attorneys for use only in circuits or among circuits which have accountability courts and stagger start dates) State General Funds $2,188,230 $941,782 $941,782 24.2 Increase funds to annualize promotions for assistant district attorneys provided in HB742 (2012 session) that were deferred. State General Funds $271,932 $0 $271,932 24.3 Increase funds for personnel to annualize two assistant district attorneys reflecting the increase of new judgeships in the Piedmont and Bell-Forsyth Judicial Circuits as provided in HB742 (2012 session). State General Funds $104,522 $104,522 $104,522 24.4 Increase funds for personnel to reflect promotional increases for experienced district attorneys. State General Funds $1,734,320 $1,734,320 $867,160 24.5 Increase funds for district attorney court travel. State General Funds $155,947 $155,947 $0 FRIDAY, MARCH 22, 2013 2105 24.6 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to realign the FY2013 increase in retirement premiums to the correct program. State General Funds $1,125,097 $1,125,097 $1,125,097 24.7 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,088,882 $1,088,882 24.8 Increase funds as authorized in HB451 (2013 Session) for one Assistant District Attorney starting January 1, 2014 to reflect a new judgeship in the Chattahoochee Judicial District. (S:Increase funds for two Assistant District Attorney positions in the Chattahoochee and Oconee Judicial Districts starting January 1, 2014) State General Funds $52,261 $104,522 24.9 Reduce funds. State General Funds ($528,820) 24.10 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($8,323) 24.100 -District Attorneys Appropriation (HB 106) 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 $58,462,013 $58,084,776 $56,848,719 State General Funds $58,462,013 $58,084,776 $56,848,719 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 Federal Fund Transfers Not Itemized $1,802,127 $1,802,127 $1,802,127 TOTAL PUBLIC FUNDS $60,264,140 $59,886,903 $58,650,846 Prosecuting Attorneys' 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 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 2106 JOURNAL OF THE SENATE 25.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $58,218 $57,920 $57,920 25.2 Increase funds for promotional increases for seven experienced attorneys. State General Funds $50,683 $25,342 $25,342 25.3 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to realign the FY2013 increase in retirement premiums to the correct program. State General Funds ($1,125,097) ($1,125,097) ($1,125,097) 25.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,981 $3,981 25.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $58,218 $0 25.6 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System from 3.90% to 4.23%. State General Funds $12,831 $12,831 25.7 Reduce funds. State General Funds ($70,053) 25.100 -Prosecuting Attorneys' Council Appropriation (HB 106) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,989,095 $6,038,486 $5,910,215 State General Funds $5,989,095 $6,038,486 $5,910,215 TOTAL PUBLIC FUNDS $5,989,095 $6,038,486 $5,910,215 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 FRIDAY, MARCH 22, 2013 2107 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $61,823,951 $61,823,951 $61,823,951 $62,338,228 $62,338,228 $62,338,228 $61,752,513 $61,752,513 $61,752,513 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 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 26.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,130 $25,130 26.2 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds $1,405 $1,405 26.3 Increase funds for personnel for temporary labor and interns. State General Funds $11,700 $11,700 26.4 Reduce funds. State General Funds ($12,914) 26.5 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $473 26.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $25,130 $1,405 $11,700 ($12,914) $473 ($6,710) 26.100 -Council of Superior Court Judges Appropriation (HB 106) 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. 2108 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,329,612 $1,329,612 $1,329,612 $1,317,171 $1,317,171 $1,317,171 $1,310,461 $1,310,461 $1,310,461 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 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 27.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $46,442 $46,442 27.2 Increase funds to restore FY2013 personnel reductions. State General Funds $18,051 $18,051 27.3 Increase funds to restore operations reductions. State General Funds $135,000 $67,500 $46,442 $0 $0 27.100 -Judicial Administrative Districts Appropriation (HB 106) 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 $2,536,386 $2,536,386 $2,536,386 $2,468,886 $2,468,886 $2,468,886 $2,383,335 $2,383,335 $2,383,335 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. FRIDAY, MARCH 22, 2013 2109 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 28.1 Increase funds for personnel for salary step increases for 30 secretaries. State General Funds $205,019 $0 $0 28.2 Increase funds for personnel to restore FY2013 reductions. State General Funds $168,558 $168,558 $0 28.3 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System from 3.90% to 4.23%. State General Funds $82,144 $80,407 $80,407 28.4 Increase funds for personnel for two law clerk positions. State General Funds $116,318 $0 $0 28.5 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $308,486 $297,307 $297,307 28.6 Increase funds for personnel to annualize two judgeships for the Piedmont and Bell-Forsyth Judicial Circuits created in SB356 (2012 Session). State General Funds $350,207 $350,207 $350,207 28.7 Reduce funds for senior judges and consolidate remaining funds for accountability courts' senior judges and general usage senior judges into one category. (S:Reduce funds) State General Funds ($749,551) $0 ($500,000) 28.8 Increase funds as authorized in HB451 (2013 Session) for a Superior Court Judgeship in the Chattahoochee Judicial District starting January 1, 2014. (S:Increase funds for two Superior Court judgeships in the Chattahoochee and Oconee Judicial Circuits starting January 1, 2014) State General Funds $175,104 $350,208 28.9 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,816 $3,816 2110 JOURNAL OF THE SENATE 28.100 -Superior Court Judges Appropriation (HB 106) The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS $57,957,953 $58,552,171 $58,058,717 State General Funds $57,957,953 $58,552,171 $58,058,717 TOTAL PUBLIC FUNDS $57,957,953 $58,552,171 $58,058,717 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 $9,093,297 $9,093,297 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $9,339,925 $9,339,925 $1,859,823 $1,859,823 $1,859,823 $11,199,748 $9,392,560 $9,392,560 $1,859,823 $1,859,823 $1,859,823 $11,252,383 $9,330,203 $9,330,203 $1,859,823 $1,859,823 $1,859,823 $11,190,026 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. FRIDAY, MARCH 22, 2013 2111 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 29.1 Increase funds for personnel for one staff attorney position. (H:Increase funds for one staff attorney position starting January 1, 2014) State General Funds $124,713 $62,357 $0 29.2 Increase funds for one-time funding to digitize paper records for cases in calendar year 2012. State General Funds $34,875 $34,875 $34,875 29.3 Increase funds to convert microfilm records to digital records. State General Funds $79,500 $79,500 $79,500 29.4 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds $7,540 $7,540 $7,540 29.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $146,611 $146,611 29.6 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($32,455) ($32,455) 29.7 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $835 $835 29.100 -Supreme Court of Georgia Appropriation (HB 106) 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. 2112 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,339,925 $9,339,925 $1,859,823 $1,859,823 $1,859,823 $11,199,748 $9,392,560 $9,392,560 $1,859,823 $1,859,823 $1,859,823 $11,252,383 $9,330,203 $9,330,203 $1,859,823 $1,859,823 $1,859,823 $11,190,026 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 $3,781,064 $3,781,064 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $19,476,387 $19,476,387 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Final $3,670,594 $3,670,594 $16,412,502 $16,412,502 $16,412,502 $20,083,096 $3,623,730 $3,623,730 $16,412,502 $16,412,502 $16,412,502 $20,036,232 $3,760,594 $3,760,594 $16,412,502 $16,412,502 $16,412,502 $20,173,096 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 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $3,781,064 $3,781,064 $15,695,323 $15,695,323 FRIDAY, MARCH 22, 2013 2113 Accounting System Assessments TOTAL PUBLIC FUNDS $15,695,323 $19,476,387 $15,695,323 $19,476,387 $15,695,323 $19,476,387 30.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $64,117 $64,117 30.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($61,155) ($61,155) 30.3 Reduce funds for personnel. State General Funds ($23,432) ($70,296) 30.4 Eliminate funds for the training contract with the Carl Vinson Institute of Government. State General Funds ($90,000) ($90,000) 30.5 Increase funds to reflect additional billings for TeamWorks Financials statewide adjustments. Accounting System Assessments $717,179 $717,179 $64,117 ($61,155) ($23,432) $0 $717,179 30.100 -State Accounting Office Appropriation (HB 106) 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 $3,670,594 $3,623,730 $3,760,594 State General Funds $3,670,594 $3,623,730 $3,760,594 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,412,502 $16,412,502 $16,412,502 State Funds Transfers $16,412,502 $16,412,502 $16,412,502 Accounting System Assessments $16,412,502 $16,412,502 $16,412,502 TOTAL PUBLIC FUNDS $20,083,096 $20,036,232 $20,173,096 Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $4,848,272 $4,848,272 $4,848,272 $4,848,272 $4,848,272 $4,848,272 2114 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Liability Funds Merit System Assessments 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,149,505 $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,149,505 $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,149,505 Section Total - Final $5,840,559 $5,840,559 $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $5,484,066 $5,484,066 $19,766,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,599,536 $14,599,536 $4,785,064 $4,785,064 $19,716,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,549,536 $14,549,536 FRIDAY, MARCH 22, 2013 2115 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $199,141,792 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $199,185,299 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,436,297 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolution. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 31.1 Reduce one-time funds for HR1160 and HR1161 (2012 Session). State General Funds ($337,355) ($337,355) ($337,355) 31.2 Increase funds pursuant to HR73 (2013 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 $343,507 $343,507 31.100 -Compensation Per General Assembly Resolutions Appropriation (HB 106) 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 $0 $343,507 $343,507 State General Funds $0 $343,507 $343,507 TOTAL PUBLIC FUNDS $0 $343,507 $343,507 2116 JOURNAL OF THE SENATE 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 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 State Fund Transfers Not Itemized Agency to Agency Contracts Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 32.1 Transfer funds from the Office of Consumer Protection to the Department of Administrative Services for Team Georgia personnel and operations. (S:Transfer funds from the State Purchasing program to the Departmental Administration program for Team Georgia personnel and operations) State General Funds Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: $350,000 $350,000 $350,000 $350,000 $0 $350,000 $350,000 32.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $350,000 State General Funds $350,000 TOTAL AGENCY FUNDS $3,485,465 Intergovernmental Transfers $36,619 Intergovernmental Transfers Not Itemized $36,619 Appropriation (HB 106) $350,000 $350,000 $3,485,465 $36,619 $36,619 $0 $0 $3,835,465 $36,619 $36,619 FRIDAY, MARCH 22, 2013 2117 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 State Fund Transfers Not Itemized Agency to Agency Contracts Merit System Assessments TOTAL PUBLIC FUNDS $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $6,079,732 $3,032,114 $3,032,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $6,079,732 $3,382,114 $3,382,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $6,079,732 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 33.100 -Fleet Management Appropriation (HB 106) 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 2118 JOURNAL OF THE SENATE 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 Human Resources Administration Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $0 $0 $8,654,485 $8,654,485 $8,654,485 $8,654,485 34.100 -Human Resources Administration Appropriation (HB 106) 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 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. FRIDAY, MARCH 22, 2013 2119 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Liability Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205 $0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205 $0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205 35.1 Increase funds for the Peace Officer's Indemnification Trust Fund. State General Funds $1,000,000 $1,000,000 $1,000,000 35.100 -Risk Management Appropriation (HB 106) 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 $1,000,000 $1,000,000 $1,000,000 State General Funds $1,000,000 $1,000,000 $1,000,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $161,735,205 $161,735,205 $161,735,205 State Funds Transfers $161,735,205 $161,735,205 $161,735,205 State Fund Transfers Not Itemized $26,040,810 $26,040,810 $26,040,810 Liability Funds $28,427,991 $28,427,991 $28,427,991 Unemployment Compensation Funds $18,166,404 $18,166,404 $18,166,404 Workers Compensation Funds $89,100,000 $89,100,000 $89,100,000 TOTAL PUBLIC FUNDS $162,735,205 $162,735,205 $162,735,205 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; 2120 JOURNAL OF THE SENATE to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374 36.1 Remit payment to the State Treasury. (Total Funds: $1,200,000)(G:YES)(H:Follow Governor's Recommendation for Revenue estimate)(S:YES) State General Funds $0 $0 $0 36.2 The Department is authorized to retain only $10,719,374 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. (H:YES)(S:The Department is authorized to retain only $10,319,374 for Purchasing and $2,125,974 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 $400,000 $0 36.100 -State Purchasing Appropriation (HB 106) 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 $10,719,374 $10,719,374 $10,719,374 $10,719,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 FRIDAY, MARCH 22, 2013 2121 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 37.100 -Surplus Property Appropriation (HB 106) 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 $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 38.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $58,496 $58,496 $58,496 2122 JOURNAL OF THE SENATE 38.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 38.3 Reduce funds for contracts. State General Funds 38.4 Reduce funds to reflect projected expenditures. State General Funds $7,783 $7,783 $7,783 ($46,208) ($46,208) ($46,208) ($700,000) ($1,049,002) 38.100 -Payments to Georgia Aviation Authority Appropriation (HB 106) 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 $1,560,322 $860,322 $511,320 State General Funds $1,560,322 $860,322 $511,320 TOTAL PUBLIC FUNDS $1,560,322 $860,322 $511,320 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 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 40.1 Reduce funds for operations. State General Funds ($1,222) ($1,222) ($1,222) 40.100 -Certificate of Need Appeal Panel Appropriation (HB 106) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS $39,506 $39,506 $39,506 State General Funds $39,506 $39,506 $39,506 TOTAL PUBLIC FUNDS $39,506 $39,506 $39,506 FRIDAY, MARCH 22, 2013 2123 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, 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 41.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $48,660 $48,660 41.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $31 $31 41.3 Reduce funds for the Tax Court based on projected expenditures. State General Funds ($9,788) ($9,788) 41.4 Reduce funds for a vacant judge position and replace with a temporary position. State General Funds ($78,110) ($78,110) $48,660 $31 ($9,788) ($78,110) 41.100 -Administrative Hearings, Office of State Appropriation (HB 106) 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 $2,890,731 $2,890,731 $2,890,731 State General Funds $2,890,731 $2,890,731 $2,890,731 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 State Fund Transfers Not Itemized $1,300,805 $1,300,805 $1,300,805 TOTAL PUBLIC FUNDS $4,191,536 $4,191,536 $4,191,536 2124 JOURNAL OF THE SENATE 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 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 42.100 -State Treasurer, Office of the Appropriation (HB 106) 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 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 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 Section Total - Continuation $40,734,043 $40,734,043 $40,734,043 $40,734,043 $40,734,043 $40,734,043 FRIDAY, MARCH 22, 2013 2125 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $40,136,800 $40,136,800 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $50,754,818 $40,061,800 $40,061,800 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $50,679,818 $40,039,809 $40,039,809 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $50,657,827 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. 2126 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 43.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $18,991 $18,991 $18,991 43.2 Increase funds for the Board of Regents contract to reflect an adjustment in the employer share of health insurance premiums. State General Funds $5,992 $5,992 $5,992 43.3 Increase funds to recognize the annualized portion of FY2013 increase in the employer share of health insurance and Teachers' Retirement System. State General Funds $20,238 $20,238 $20,238 43.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 106) 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 $2,855,370 $2,855,370 $2,855,370 State General Funds $2,855,370 $2,855,370 $2,855,370 TOTAL PUBLIC FUNDS $2,855,370 $2,855,370 $2,855,370 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; 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. FRIDAY, MARCH 22, 2013 2127 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 $24,325,136 $24,325,136 $7,128,980 $7,128,980 $1,276,004 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 $24,325,136 $24,325,136 $7,128,980 $7,128,980 $1,276,004 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 $24,325,136 $24,325,136 $7,128,980 $7,128,980 $1,276,004 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 44.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $390,561 $390,561 $390,561 44.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($104,405) ($104,405) ($104,405) 44.3 Reduce funds for operations. State General Funds ($65,194) ($65,194) ($65,194) 44.4 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds ($140,239) ($140,239) ($140,239) 44.5 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($205,765) ($280,765) ($280,765) 44.6 Reduce funds for motor vehicle purchases. State General Funds ($121,000) ($121,000) ($121,000) 44.7 Reduce funds for safety inspections in the Consumer Protection program and transfer savings to the Marketing and Promotion program for farmers' markets safety compliance expenditures. State General Funds ($472,013) ($472,013) ($472,013) 2128 JOURNAL OF THE SENATE 44.100 -Consumer Protection Appropriation (HB 106) 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 $23,607,081 $23,532,081 $23,532,081 State General Funds $23,607,081 $23,532,081 $23,532,081 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 $1,276,004 $1,276,004 $1,276,004 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 $1,101,004 $1,101,004 $1,101,004 Sales and Services Not Itemized $1,101,004 $1,101,004 $1,101,004 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 $32,237,065 $32,162,065 $32,162,065 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 45.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $70,480 $70,480 $4,558,992 $4,558,992 $4,558,992 $70,480 FRIDAY, MARCH 22, 2013 2129 45.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($27,776) ($27,776) 45.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,262 $3,262 45.4 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($142,020) ($142,020) 45.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($27,776) $3,262 ($142,020) ($21,991) 45.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,462,938 $4,462,938 $4,440,947 State General Funds $4,462,938 $4,462,938 $4,440,947 TOTAL PUBLIC FUNDS $4,462,938 $4,462,938 $4,440,947 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $4,991,729 $4,991,729 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763 $4,991,729 $4,991,729 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763 $4,991,729 $4,991,729 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763 2130 JOURNAL OF THE SENATE 46.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $60,786 $60,786 $60,786 46.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($42,911) ($42,911) ($42,911) 46.3 Increase funds for operations related to issuing Georgia Agricultural Tax Exemption (GATE) certificates. State General Funds $500,000 $550,000 $550,000 46.4 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds ($36,046) ($36,046) ($36,046) 46.5 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($139,324) ($189,324) ($189,324) 46.6 Eliminate funds for contracts for the Brussels office. State General Funds ($81,882) ($81,882) ($81,882) 46.7 Eliminate funds for the H1B/H2A Guest Worker program. State General Funds ($150,000) ($150,000) ($150,000) 46.8 Increase funds for farmers' markets safety compliance expenditures in the Marketing and Promotion program by transferring savings from the Consumer Protection program. State General Funds $472,013 $472,013 $472,013 46.100 -Marketing and Promotion Appropriation (HB 106) 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 $5,574,365 $5,574,365 $5,574,365 State General Funds $5,574,365 $5,574,365 $5,574,365 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 FRIDAY, MARCH 22, 2013 2131 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $621,739 $621,739 $621,739 $7,562,399 $621,739 $621,739 $621,739 $7,562,399 $621,739 $621,739 $621,739 $7,562,399 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 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 47.1 Reduce funds for operations. State General Funds ($82,899) ($82,899) ($82,899) 47.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 106) 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 $2,680,399 $2,680,399 $2,680,399 State General Funds $2,680,399 $2,680,399 $2,680,399 TOTAL PUBLIC FUNDS $2,680,399 $2,680,399 $2,680,399 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 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 48.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. 2132 JOURNAL OF THE SENATE State General Funds $10,450 $10,450 48.2 Reduce funds and replace with other funds. State General Funds ($200,000) ($200,000) 48.3 Reduce funds to reflect savings from energy efficient investments and horse stable enhancements. State General Funds ($100,000) ($100,000) 48.4 Reduce funds for operations. State General Funds ($38,542) ($38,542) $10,450 ($200,000) ($100,000) ($38,542) 48.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 106) 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 $956,647 $956,647 $956,647 State General Funds $956,647 $956,647 $956,647 TOTAL PUBLIC FUNDS $956,647 $956,647 $956,647 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 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 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 FRIDAY, MARCH 22, 2013 2133 49.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $4,035 $4,035 49.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($160) ($160) 49.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $20 $20 $4,035 ($160) $20 49.100 -Consumer Protection and Assistance Appropriation (HB 106) The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $222,101 $222,101 $222,101 State General Funds $222,101 $222,101 $222,101 TOTAL PUBLIC FUNDS $222,101 $222,101 $222,101 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 50.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $36,880 $36,880 $36,880 50.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,460) ($1,460) ($1,460) 50.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $185 $185 $185 50.4 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel. State General Funds ($50,000) ($50,000) ($50,000) 2134 JOURNAL OF THE SENATE 50.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,000,513 State General Funds $2,000,513 TOTAL PUBLIC FUNDS $2,000,513 Appropriation (HB 106) $2,000,513 $2,000,513 $2,000,513 $2,000,513 $2,000,513 $2,000,513 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 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 51.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $133,946 $133,946 51.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($5,302) ($5,302) 51.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $673 $673 51.4 Reduce funds for travel. State General Funds ($14,632) ($14,632) 51.5 Reduce funds for operations. State General Funds ($3,890) ($3,890) 51.6 Reduce funds for personnel for one filled position and part-time labor, and hold two positions vacant. State General Funds ($276,823) ($276,823) $133,946 ($5,302) $673 ($14,632) ($3,890) ($276,823) FRIDAY, MARCH 22, 2013 2135 51.100 -Financial Institution Supervision Appropriation (HB 106) 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 $7,048,996 $7,048,996 $7,048,996 State General Funds $7,048,996 $7,048,996 $7,048,996 TOTAL PUBLIC FUNDS $7,048,996 $7,048,996 $7,048,996 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, 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 State General Funds TOTAL PUBLIC FUNDS $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 52.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $35,362 $35,362 $35,362 52.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,400) ($1,400) ($1,400) 52.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $178 $178 $178 52.4 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel. State General Funds $50,000 $50,000 $50,000 52.5 Reduce funds for operations. State General Funds ($1,512) ($1,512) ($1,512) 52.6 Reduce funds for contracts by eliminating temporary clerical assistance. 2136 JOURNAL OF THE SENATE State General Funds 52.7 Reduce funds for personnel by eliminating part-time employees. State General Funds ($20,000) ($38,488) ($20,000) ($38,488) ($20,000) ($38,488) 52.100 -Non-Depository Financial Institution Supervision Appropriation (HB 106) 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 $1,933,113 $1,933,113 $1,933,113 State General Funds $1,933,113 $1,933,113 $1,933,113 TOTAL PUBLIC FUNDS $1,933,113 $1,933,113 $1,933,113 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $938,225,891 $938,225,891 State General Funds $927,970,753 $927,970,753 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $143,796,869 $143,796,869 Federal Funds Not Itemized $10,716,517 $10,716,517 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $24,477,192 $24,477,192 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $46,889,589 $46,889,589 FFIND Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 $11,568,720 TOTAL AGENCY FUNDS $45,392,197 $45,392,197 Intergovernmental Transfers $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 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 $44,267,137 $44,267,137 Sales and Services Not Itemized $44,267,137 $44,267,137 $938,225,891 $927,970,753 $10,255,138 $143,796,869 $10,716,517 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $45,392,197 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $44,267,137 $44,267,137 FRIDAY, MARCH 22, 2013 2137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,132,419,448 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,132,419,448 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,132,419,448 Section Total - Final TOTAL STATE FUNDS $956,435,491 State General Funds $946,180,353 Tobacco Settlement Funds $10,255,138 TOTAL FEDERAL FUNDS $144,355,412 Federal Funds Not Itemized $10,716,517 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 Medical Assistance Program CFDA93.778 $25,035,735 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $46,889,589 FFIND Social Services Block Grant CFDA93.667 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 TOTAL AGENCY FUNDS $54,801,749 Intergovernmental Transfers $200,000 Intergovernmental Transfers Not Itemized $200,000 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 $53,676,689 Sales and Services Not Itemized $53,676,689 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 State Funds Transfers $4,956,393 State Fund Transfers Not Itemized $2,357,130 Agency to Agency Contracts $2,599,263 Federal Funds Transfers $48,098 $956,128,317 $945,873,179 $10,255,138 $145,162,586 $10,716,517 $14,163,709 $25,842,909 $46,889,589 $35,981,142 $11,568,720 $54,801,749 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $53,676,689 $53,676,689 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $953,610,020 $943,354,882 $10,255,138 $144,967,401 $10,716,517 $14,163,709 $25,647,724 $46,889,589 $35,981,142 $11,568,720 $54,801,749 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $53,676,689 $53,676,689 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 2138 JOURNAL OF THE SENATE Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $48,098 $48,098 $48,098 $1,160,597,143 $1,161,097,143 $1,158,383,661 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 Social Services Block Grant CFDA93.667 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 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 53.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $203,634 $203,634 $203,634 53.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $8,260 $8,260 $8,260 53.3 Transfer funds from the Adult Addictive Diseases Services program to the Adult Forensic Services program to align the budget with program expenditures. State General Funds ($1,231,428) ($1,231,428) ($1,231,428) FRIDAY, MARCH 22, 2013 2139 53.100 -Adult Addictive Diseases Services Appropriation (HB 106) 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 $44,056,612 $44,056,612 $44,056,612 State General Funds $44,056,612 $44,056,612 $44,056,612 TOTAL FEDERAL FUNDS $44,990,790 $44,990,790 $44,990,790 Medical Assistance Program CFDA93.778 $200,000 $200,000 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $30,722,070 $30,722,070 $30,722,070 FFIND Social Services Block Grant CFDA93.667 $2,500,000 $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 $89,482,605 $89,482,605 $89,482,605 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509 $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509 $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509 2140 JOURNAL OF THE SENATE 54.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,474,781 $1,474,781 $1,474,781 54.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $127,627 $127,627 $127,627 54.3 Reduce funds to reflect savings from unit closures at state hospitals. State General Funds ($10,500,000) ($10,500,000) ($10,500,000) 54.4 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($558,543) $558,543 $0 ($558,543) $558,543 $0 ($558,543) $558,543 $0 54.5 Increase funds for developmental disabilities consumers in community settings to meet the requirements of the State's settlement agreement with the United States Department of Justice (excludes waivers). State General Funds $1,872,000 $1,872,000 $1,872,000 54.6 Reduce funds to reflect savings from administrative efficiencies at regional offices. State General Funds ($250,000) ($250,000) ($250,000) 54.7 Increase funds for 250 additional slots for the New Options Waiver (NOW) and Comprehensive Waiver (COMP) and to annualize the cost of the 250 FY2013 waiver slots for the developmentally disabled to meet the requirements of the State's settlement agreement with the United States Department of Justice. State General Funds $11,966,160 $11,966,160 $11,966,160 54.8 Replace funds with Medicaid Upper Payment Limit and Cost Settlement Funds for hospitals. (H and S:YES; This reduction reflects a one-time savings that cannot be achieved in future years) State General Funds Sales and Services Not Itemized Total Public Funds: ($9,409,552) $9,409,552 $0 ($9,409,552) $9,409,552 $0 ($9,409,552) $9,409,552 $0 54.9 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 $2,297,999 $2,297,999 $2,297,999 54.10 Increase funds for residential housing vouchers for developmentally disabled individuals in the community. FRIDAY, MARCH 22, 2013 2141 State General Funds 54.11 Increase funds for Georgia Community Support and Solutions. State General Funds 54.12 Increase funds for Rockdale Cares. State General Funds $50,000 $25,000 $50,000 54.100 -Adult Developmental Disabilities Services Appropriation (HB 106) 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 $271,772,197 $271,772,197 $271,897,197 State General Funds $261,517,059 $261,517,059 $261,642,059 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $38,480,753 $38,480,753 $38,480,753 Medical Assistance Program CFDA93.778 $12,336,582 $12,336,582 $12,336,582 FFIND Social Services Block Grant CFDA93.667 $26,144,171 $26,144,171 $26,144,171 TOTAL AGENCY FUNDS $30,379,126 $30,379,126 $30,379,126 Sales and Services $30,379,126 $30,379,126 $30,379,126 Sales and Services Not Itemized $30,379,126 $30,379,126 $30,379,126 TOTAL PUBLIC FUNDS $340,632,076 $340,632,076 $340,757,076 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 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 2142 JOURNAL OF THE SENATE 55.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,337,336 $1,337,336 $1,337,336 55.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,589 $3,589 $3,589 55.3 Transfer funds from the Adult Addictive Diseases Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to the Adult Forensic Services program to align the budget with program expenditures. State General Funds $2,334,600 $2,334,600 $2,334,600 55.4 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program for CRIPA treatment mall activities. State General Funds $2,687,881 $2,687,881 $2,687,881 55.5 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 $4,853,320 $4,853,320 $4,853,320 55.100 -Adult Forensic Services Appropriation (HB 106) 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 $79,605,380 $79,605,380 $26,500 $26,500 $26,500 $79,631,880 $79,605,380 $79,605,380 $26,500 $26,500 $26,500 $79,631,880 $79,605,380 $79,605,380 $26,500 $26,500 $26,500 $79,631,880 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. FRIDAY, MARCH 22, 2013 2143 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 $279,744,235 $279,744,235 $16,747,136 $8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 $279,744,235 $279,744,235 $16,747,136 $8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 $279,744,235 $279,744,235 $16,747,136 $8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 56.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,628,658 $1,628,658 $1,628,658 56.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $27,081 $27,081 $27,081 56.3 Increase funds for Medicaid growth. State General Funds $1,250,000 $1,250,000 $1,250,000 56.4 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 $21,557,465 $21,557,465 $21,557,465 56.5 Reduce funds to reflect savings from administrative efficiencies at regional offices. State General Funds ($500,000) ($500,000) ($500,000) 56.6 Reduce funds to reflect the completion of the Opening Doors to Recovery Project. State General Funds ($250,000) ($250,000) ($250,000) 56.7 Transfer funds from the Adult Mental Health Services program to the Adult Forensic Services program to align the budget with program expenditures. State General Funds ($1,103,172) ($1,103,172) ($1,103,172) 56.8 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program to align the budget with program expenditures. 2144 JOURNAL OF THE SENATE State General Funds $2,072,629 $2,072,629 $2,072,629 56.9 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program for CRIPA treatment mall activities. State General Funds $2,143,824 $2,143,824 $2,143,824 56.10 Replace funds to reflect a change in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($88,355) $88,355 $0 ($88,355) $88,355 $0 56.100 -Adult Mental Health Services Appropriation (HB 106) 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 $306,570,720 $306,482,365 $306,482,365 State General Funds $306,570,720 $306,482,365 $306,482,365 TOTAL FEDERAL FUNDS $16,747,136 $16,835,491 $16,835,491 Federal Funds Not Itemized $8,038,893 $8,038,893 $8,038,893 Community Mental Health Services Block Grant CFDA93.958 $6,726,178 $6,726,178 $6,726,178 Medical Assistance Program CFDA93.778 $1,982,065 $2,070,420 $2,070,420 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 $325,621,213 $325,621,213 $325,621,213 Adult Nursing Home Services Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 FRIDAY, MARCH 22, 2013 2145 57.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $78,487 $78,487 $78,487 57.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,487 $1,487 $1,487 57.3 Reduce funds to reflect the closure of Craig Nursing Home. (S:Reflect increased savings estimate from closure) State General Funds ($100,000) ($100,000) ($1,500,000) 57.4 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 $3,263,083 $3,263,083 $3,263,083 57.100 -Adult Nursing Home Services Appropriation (HB 106) 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 $8,126,686 $8,126,686 $6,726,686 State General Funds $8,126,686 $8,126,686 $6,726,686 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 $14,456,755 $14,456,755 $13,056,755 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 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 2146 JOURNAL OF THE SENATE 58.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $6,997 $6,997 $6,997 58.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,300 $1,300 $1,300 58.3 Replace funds to reflect a change in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($10,074) $10,074 $0 ($10,074) $10,074 $0 58.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 106) 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 $3,281,651 $3,271,577 $3,271,577 State General Funds $3,281,651 $3,271,577 $3,271,577 TOTAL FEDERAL FUNDS $6,154,800 $6,164,874 $6,164,874 Medical Assistance Program CFDA93.778 $226,000 $236,074 $236,074 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $5,928,800 $5,928,800 $5,928,800 TOTAL PUBLIC FUNDS $9,436,451 $9,436,451 $9,436,451 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 PUBLIC FUNDS $8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608 $8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608 $8,345,916 $8,345,916 $3,148,692 $3,148,692 $11,494,608 59.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $12,024 $12,024 $12,024 FRIDAY, MARCH 22, 2013 2147 59.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,224 $4,224 $4,224 59.3 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 59.4 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($140,359) $140,359 $0 ($140,359) $140,359 $0 59.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 106) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. TOTAL STATE FUNDS $8,362,164 $8,471,805 $8,471,805 State General Funds $8,362,164 $8,471,805 $8,471,805 TOTAL FEDERAL FUNDS $3,148,692 $3,539,051 $3,539,051 Medical Assistance Program CFDA93.778 $3,148,692 $3,539,051 $3,539,051 TOTAL PUBLIC FUNDS $11,510,856 $12,010,856 $12,010,856 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 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 60.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $40,774 $40,774 60.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,398 $3,398 $40,774 $3,398 2148 JOURNAL OF THE SENATE 60.3 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center. State General Funds $1,800,000 $1,800,000 $1,800,000 60.100 -Child and Adolescent Forensic Services Appropriation (HB 106) 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 $5,146,102 $5,146,102 $5,146,102 State General Funds $5,146,102 $5,146,102 $5,146,102 TOTAL PUBLIC FUNDS $5,146,102 $5,146,102 $5,146,102 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 Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $75,502,819 $75,502,819 $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 $88,373,914 $75,502,819 $75,502,819 $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 $88,373,914 $75,502,819 $75,502,819 $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 $88,373,914 61.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $130,880 $130,880 $130,880 FRIDAY, MARCH 22, 2013 2149 61.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $8,078 $8,078 $8,078 61.3 Increase funds for Medicaid growth. State General Funds $1,250,000 $1,250,000 $1,250,000 61.4 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center. State General Funds ($1,800,000) ($1,800,000) ($1,800,000) 61.5 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($123,201) $123,201 $0 ($123,201) $123,201 $0 61.100 -Child and Adolescent Mental Health Services Appropriation (HB 106) 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 Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $75,091,777 $75,091,777 $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 $87,962,872 $74,968,576 $74,968,576 $10,324,515 $7,437,531 $2,886,984 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $87,962,872 $74,968,576 $74,968,576 $10,324,515 $7,437,531 $2,886,984 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $87,962,872 2150 JOURNAL OF THE SENATE 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $36,672,440 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 $36,672,440 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 $36,672,440 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 62.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $367,577 $367,577 $367,577 62.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $88,524 $88,524 $88,524 62.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $65,234 $65,234 $65,234 62.4 Reduce funds to reflect savings from administrative efficiencies. State General Funds ($250,000) ($250,000) ($250,000) 62.5 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. (S:Reduce funds) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($195,185) $195,185 $0 ($195,185) $0 ($195,185) 62.6 By January 1, 2014, the Department shall provide a report to the Georgia General Assembly with an actionable plan to equalize grant-in-aid funding for core behavioral health services statewide. (H:YES)(S:YES) State General Funds $0 $0 FRIDAY, MARCH 22, 2013 2151 62.7 Reduce funds for the Kronos contract and direct the Department to work with the State Accounting Office to implement the already purchased PeopleSoft time management system effective January 1, 2014. (S:YES) State General Funds ($1,250,000) 62.8 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($93,297) 62.100 -Departmental Administration-Behavioral Health Appropriation (HB 106) 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 $36,943,775 $36,748,590 $35,405,293 State General Funds $36,943,775 $36,748,590 $35,405,293 TOTAL FEDERAL FUNDS $11,715,584 $11,910,769 $11,715,584 Medical Assistance Program CFDA93.778 $4,378,613 $4,573,798 $4,378,613 FFIND Social Services Block Grant CFDA93.667 $7,336,971 $7,336,971 $7,336,971 TOTAL AGENCY FUNDS $22,133 $22,133 $22,133 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 $48,681,492 $48,681,492 $47,143,010 Direct Care and Support Services The purpose of this appropriation is to operate six 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 State Fund Transfers Not Itemized $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 2152 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS $62,580 $62,580 $62,580 $154,991,193 $154,991,193 $154,991,193 63.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,084,771 $2,084,771 $2,084,771 63.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $438,158 $438,158 $438,158 63.3 Reduce funds for personnel. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 63.4 Reduce funds for contracts. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 63.5 Reduce funds from the discontinuation of cook-chill and other ancillary services at Central State Hospital. State General Funds ($2,500,000) ($2,500,000) ($2,500,000) 63.6 Transfer funds from the Direct Care and Support Services program to the Adult Developmental Disabilities Services ($2,297,999), Adult Forensic Services ($4,853,320), Adult Mental Health Services ($2,072,629), and Adult Nursing Home Services ($3,263,083) programs to align the budget with program expenditures. State General Funds ($12,487,031) ($12,487,031) ($12,487,031) 63.7 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program ($2,687,881) and the Adult Mental Health Services program ($2,143,824) for CRIPA treatment mall activities. State General Funds ($4,831,705) ($4,831,705) ($4,831,705) 63.100 -Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. TOTAL STATE FUNDS $116,555,315 State General Funds $116,555,315 TOTAL AGENCY FUNDS $15,220,361 Royalties and Rents $668,024 Royalties and Rents Not Itemized $668,024 Sales and Services $14,552,337 Appropriation (HB 106) $116,555,315 $116,555,315 $15,220,361 $668,024 $668,024 $14,552,337 $116,555,315 $116,555,315 $15,220,361 $668,024 $668,024 $14,552,337 FRIDAY, MARCH 22, 2013 2153 Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $134,195,386 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $134,195,386 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $134,195,386 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $233,007 $233,007 $10,238,719 $10,238,719 $10,471,726 $233,007 $233,007 $10,238,719 $10,238,719 $10,471,726 $233,007 $233,007 $10,238,719 $10,238,719 $10,471,726 64.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $463 $463 $463 64.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $82 $82 $82 64.100 -Substance Abuse Prevention Appropriation (HB 106) 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $233,552 $233,552 $10,238,719 $10,238,719 $10,472,271 $233,552 $233,552 $10,238,719 $10,238,719 $10,472,271 $233,552 $233,552 $10,238,719 $10,238,719 $10,472,271 2154 JOURNAL OF THE SENATE Developmental Disabilities, Georgia 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 $44,635 $44,635 $2,677,624 $2,677,624 $2,722,259 $44,635 $44,635 $2,677,624 $2,677,624 $2,722,259 $44,635 $44,635 $2,677,624 $2,677,624 $2,722,259 65.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $857 $857 $857 65.2 Reduce funds for operations. State General Funds ($1,339) ($1,339) ($1,339) 65.3 Increase funds for post-secondary options for students with intellectual disabilities by funding a new program in south Georgia ($50,000) and expanding the existing pilot program at Kennesaw State University ($50,000). State General Funds $100,000 65.100 -Developmental Disabilities, Georgia Council on Appropriation (HB 106) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $44,153 $44,153 $144,153 State General Funds $44,153 $44,153 $144,153 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 $2,721,777 $2,721,777 $2,821,777 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. FRIDAY, MARCH 22, 2013 2155 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 66.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $7,370 $7,370 66.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,446 $1,446 66.3 Reduce funds for operations. State General Funds ($19,688) ($19,688) $7,370 $1,446 ($19,688) 66.100 -Sexual Offender Review Board Appropriation (HB 106) 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 $645,407 $645,407 $645,407 State General Funds $645,407 $645,407 $645,407 TOTAL PUBLIC FUNDS $645,407 $645,407 $645,407 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $138,921,611 $138,921,611 $138,921,611 $138,921,611 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $13,100,483 $13,100,483 $344,319 $344,319 $344,319 $344,319 $11,163,006 $11,163,006 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $1,593,158 $1,593,158 $80,386 $80,386 $138,921,611 $138,921,611 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 2156 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $44,070 $44,070 $36,316 $36,316 $324,994,944 $44,070 $44,070 $36,316 $36,316 $324,994,944 $44,070 $44,070 $36,316 $36,316 $324,994,944 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 State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $58,819,507 $58,819,507 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $244,892,840 $58,841,507 $58,841,507 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $244,914,840 $49,110,419 $49,110,419 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $235,183,752 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 FEDERAL FUNDS $229,373 $229,373 $75,116 $229,373 $229,373 $75,116 $229,373 $229,373 $75,116 FRIDAY, MARCH 22, 2013 2157 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $75,116 $257,804 $257,804 $257,804 $562,293 $75,116 $257,804 $257,804 $257,804 $562,293 $75,116 $257,804 $257,804 $257,804 $562,293 67.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $4,512 $4,512 67.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,233) ($3,233) $4,512 ($3,233) 67.100 -Building Construction Appropriation (HB 106) 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 $230,652 $230,652 $230,652 State General Funds $230,652 $230,652 $230,652 TOTAL FEDERAL FUNDS $75,116 $75,116 $75,116 Federal Funds Not Itemized $75,116 $75,116 $75,116 TOTAL AGENCY FUNDS $257,804 $257,804 $257,804 Sales and Services $257,804 $257,804 $257,804 Sales and Services Not Itemized $257,804 $257,804 $257,804 TOTAL PUBLIC FUNDS $563,572 $563,572 $563,572 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. 2158 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 68.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $18,051 $18,051 68.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($12,932) ($12,932) 68.3 Reduce funds for Regional Commissions. State General Funds ($73,057) ($76,057) 68.4 Reduce funds for personnel for four filled positions. State General Funds ($260,686) ($260,686) 68.5 Reduce funds for the Keep Georgia Beautiful Foundation contract and replace with other funds. State General Funds ($61,114) ($61,114) $18,051 ($12,932) ($73,057) ($260,686) ($61,114) 68.100 -Coordinated Planning Appropriation (HB 106) The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. TOTAL STATE FUNDS $3,633,756 $3,630,756 $3,633,756 State General Funds $3,633,756 $3,630,756 $3,633,756 TOTAL AGENCY FUNDS $126,906 $126,906 $126,906 Sales and Services $126,906 $126,906 $126,906 Sales and Services Not Itemized $126,906 $126,906 $126,906 TOTAL PUBLIC FUNDS $3,760,662 $3,757,662 $3,760,662 FRIDAY, MARCH 22, 2013 2159 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,535,528 $1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,535,528 $1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,535,528 69.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $19,179 $19,179 69.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($13,740) ($13,740) 69.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,695 $3,695 69.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $19,179 ($13,740) $3,695 ($7,583) 69.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,103,981 $1,103,981 $1,096,398 2160 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized 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 $1,103,981 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,544,662 $1,103,981 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,544,662 $1,096,398 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $9,906 $9,906 $9,906 $6,537,079 Federal Community and Economic Development Programs Continuation Budget The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,525,558 $1,525,558 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801 $1,525,558 $1,525,558 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801 $1,525,558 $1,525,558 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801 FRIDAY, MARCH 22, 2013 2161 70.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,947 $25,947 70.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($18,590) ($18,590) $25,947 ($18,590) 70.100 -Federal Community and Economic Development Programs Appropriation (HB 106) 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 $1,532,915 $1,532,915 $1,532,915 State General Funds $1,532,915 $1,532,915 $1,532,915 TOTAL FEDERAL FUNDS $52,272,828 $52,272,828 $52,272,828 Federal Funds Not Itemized $52,272,828 $52,272,828 $52,272,828 TOTAL AGENCY FUNDS $295,415 $295,415 $295,415 Intergovernmental Transfers $275,415 $275,415 $275,415 Intergovernmental Transfers Not Itemized $275,415 $275,415 $275,415 Sales and Services $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $10,000 $10,000 $10,000 Agency Funds Transfers $10,000 $10,000 $10,000 Agency Fund Transfers Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $54,111,158 $54,111,158 $54,111,158 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 $0 $0 $474,298 $474,298 $0 $0 $474,298 $474,298 $0 $0 $474,298 $474,298 2162 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,773,354 $4,773,354 $4,773,354 $5,247,652 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $4,773,354 $4,773,354 $4,773,354 $5,247,652 71.100 -Homeownership Programs Appropriation (HB 106) 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 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,101,054 $1,101,054 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 $1,101,054 $1,101,054 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 $1,101,054 $1,101,054 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 FRIDAY, MARCH 22, 2013 2163 72.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $20,307 $20,307 $20,307 72.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($14,548) ($14,548) ($14,548) 72.3 Reduce funds for personnel for one filled regional director position. State General Funds ($77,841) ($77,841) ($77,841) 72.4 Transfer funds from the Regional Services program to State Economic Development Programs for one position. State General Funds ($30,000) ($30,000) ($30,000) 72.100 -Regional Services Appropriation (HB 106) 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 $998,972 $998,972 $998,972 State General Funds $998,972 $998,972 $998,972 TOTAL FEDERAL FUNDS $108,000 $108,000 $108,000 Federal Funds Not Itemized $108,000 $108,000 $108,000 TOTAL AGENCY FUNDS $188,650 $188,650 $188,650 Intergovernmental Transfers $175,000 $175,000 $175,000 Intergovernmental Transfers Not Itemized $175,000 $175,000 $175,000 Sales and Services $13,650 $13,650 $13,650 Sales and Services Not Itemized $13,650 $13,650 $13,650 TOTAL PUBLIC FUNDS $1,295,622 $1,295,622 $1,295,622 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. 2164 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 $0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 73.100 -Rental Housing Programs Appropriation (HB 106) 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 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 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 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 FRIDAY, MARCH 22, 2013 2165 74.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $6,769 $6,769 74.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,850) ($4,850) $6,769 ($4,850) 74.100 -Research and Surveys Appropriation (HB 106) The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law. TOTAL STATE FUNDS $375,887 $375,887 $375,887 State General Funds $375,887 $375,887 $375,887 TOTAL PUBLIC FUNDS $375,887 $375,887 $375,887 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 State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 2166 JOURNAL OF THE SENATE 75.100 -Special Housing Initiatives Appropriation (HB 106) 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 $1,702,960 $1,702,960 $1,702,960 Federal Funds Not Itemized $1,702,960 $1,702,960 $1,702,960 TOTAL AGENCY FUNDS $776,725 $776,725 $776,725 Reserved Fund Balances $300,000 $300,000 $300,000 Reserved Fund Balances Not Itemized $300,000 $300,000 $300,000 Intergovernmental Transfers $476,725 $476,725 $476,725 Intergovernmental Transfers Not Itemized $476,725 $476,725 $476,725 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $60,480 $60,480 $60,480 State Funds Transfers $44,070 $44,070 $44,070 Agency to Agency Contracts $44,070 $44,070 $44,070 Agency Funds Transfers $16,410 $16,410 $16,410 Agency Fund Transfers Not Itemized $16,410 $16,410 $16,410 TOTAL PUBLIC FUNDS $5,503,057 $5,503,057 $5,503,057 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 TOTAL PUBLIC FUNDS $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 76.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $15,795 $15,795 $15,795 FRIDAY, MARCH 22, 2013 2167 76.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,315) ($11,315) ($11,315) 76.3 Eliminate funds for one office director position. State General Funds ($100,836) ($100,836) ($100,836) 76.4 Transfer funds from State Community Development Programs to the State Economic Development Program for one position. State General Funds ($40,000) ($40,000) ($40,000) 76.100 -State Community Development Programs Appropriation (HB 106) 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 $731,223 $731,223 $731,223 State General Funds $731,223 $731,223 $731,223 TOTAL AGENCY FUNDS $55,284 $55,284 $55,284 Intergovernmental Transfers $55,284 $55,284 $55,284 Intergovernmental Transfers Not Itemized $55,284 $55,284 $55,284 TOTAL PUBLIC FUNDS $786,507 $786,507 $786,507 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $78,596,831 $78,596,831 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 $78,596,831 $78,596,831 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 $78,596,831 $78,596,831 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 2168 JOURNAL OF THE SENATE 77.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,256 $2,256 $2,256 77.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,617) ($1,617) ($1,617) 77.3 Transfer funds from State Community Development Programs and the Regional Services program to the State Economic Development Program for one position to assist with processing Regional Economic Business Assistance (REBA) grants. State General Funds $70,000 $70,000 $70,000 77.4 Reduce funds for one-time funding for Regional Economic Business Assistance (REBA) grants. State General Funds ($67,059,063) ($67,059,063) ($67,059,063) 77.5 Increase funds for Regional Economic Business Assistance (REBA) grants. State General Funds $9,475,000 $9,475,000 $9,475,000 77.100 -State Economic Development Program Appropriation (HB 106) 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 $21,083,407 $21,083,407 $21,083,407 State General Funds $21,083,407 $21,083,407 $21,083,407 TOTAL FEDERAL FUNDS $95,000 $95,000 $95,000 Federal Funds Not Itemized $95,000 $95,000 $95,000 TOTAL AGENCY FUNDS $240,587 $240,587 $240,587 Intergovernmental Transfers $171,000 $171,000 $171,000 Intergovernmental Transfers Not Itemized $171,000 $171,000 $171,000 Sales and Services $69,587 $69,587 $69,587 Sales and Services Not Itemized $69,587 $69,587 $69,587 TOTAL PUBLIC FUNDS $21,418,994 $21,418,994 $21,418,994 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 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 FRIDAY, MARCH 22, 2013 2169 TOTAL PUBLIC FUNDS $298,495 $298,495 $298,495 78.1 Eliminate funds for the Georgia Rural Water Association. (H:Reduce funds for the Georgia Rural Water Association) State General Funds ($298,495) ($273,495) $0 78.100 -Payments to Georgia Environmental Finance Authority Appropriation (HB 106) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $0 $25,000 $298,495 State General Funds $0 $25,000 $298,495 TOTAL PUBLIC FUNDS $0 $25,000 $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 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 79.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $75,742 $75,742 $75,742 79.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $34,054 $34,054 $34,054 79.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $163 $163 $163 79.4 Reduce funds for personnel for one filled position. State General Funds ($91,245) ($91,245) ($91,245) 79.5 Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds. State General Funds $8,105,630 $8,105,630 $8,105,630 2170 JOURNAL OF THE SENATE 79.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 106) 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 $11,165,822 $11,165,822 $11,165,822 State General Funds $11,165,822 $11,165,822 $11,165,822 TOTAL PUBLIC FUNDS $11,165,822 $11,165,822 $11,165,822 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 80.1 Reduce funds for one-time funding for rural economic development. State General Funds ($44,806,042) ($44,806,042) ($44,806,042) 80.2 Increase funds for rural economic development. (H:Utilize $5,000,000 per SB91 (2013 session) to implement the New and Beginning Farmer Loan Program in the Georgia Development Authority)(S:Increase funds for rural economic development) State General Funds $15,000,000 $15,000,000 $5,000,000 80.100 -Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $15,000,000 $15,000,000 $178,902 $178,902 $178,902 $15,178,902 Appropriation (HB 106) $15,000,000 $15,000,000 $178,902 $178,902 $178,902 $15,178,902 $5,000,000 $5,000,000 $178,902 $178,902 $178,902 $5,178,902 FRIDAY, MARCH 22, 2013 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 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees 2171 Section Total - Continuation $2,711,373,577 $2,711,373,577 $2,711,373,577 $2,208,433,332 $2,208,433,332 $2,208,433,332 $110,193,257 $110,193,257 $110,193,257 $157,444,961 $157,444,961 $157,444,961 $235,302,027 $235,302,027 $235,302,027 $5,725,589,221 $5,725,589,221 $5,725,589,221 $31,363,844 $31,363,844 $31,363,844 $5,420,841,952 $5,420,841,952 $5,420,841,952 $273,383,425 $273,383,425 $273,383,425 $245,651,179 $245,651,179 $245,651,179 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $242,519 $242,519 $242,519 $242,519 $242,519 $242,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,008,837,150 $3,008,837,150 $3,008,837,150 $280,857,262 $280,857,262 $280,857,262 $11,972,308,389 $11,972,308,389 $11,972,308,389 Section Total - Final $2,879,616,055 $2,359,991,956 $110,193,257 $167,756,401 $2,885,824,623 $2,366,200,524 $110,193,257 $167,756,401 $2,871,956,963 $2,352,332,864 $110,193,257 $167,756,401 2172 JOURNAL OF THE SENATE 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 $241,674,441 $241,674,441 $241,674,441 $6,096,480,000 $6,114,115,633 $6,104,201,119 $31,281,344 $31,281,344 $31,281,344 $5,815,566,907 $5,832,032,171 $5,793,852,000 $249,631,749 $250,802,118 $279,067,775 $245,981,179 $245,981,179 $245,981,179 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $572,519 $572,519 $572,519 $572,519 $572,519 $572,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $3,534,394,664 $3,617,946,085 $3,534,394,664 $3,534,394,664 $3,617,946,085 $3,534,394,664 $3,253,537,402 $3,337,088,823 $3,253,537,402 $280,857,262 $280,857,262 $280,857,262 $12,756,471,898 $12,863,867,520 $12,756,533,925 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $67,136,937 $67,136,937 $67,136,937 State General Funds $67,136,937 $67,136,937 $67,136,937 TOTAL FEDERAL FUNDS $257,478,252 $257,478,252 $257,478,252 Federal Funds Not Itemized $1,922,629 $1,922,629 $1,922,629 Medical Assistance Program CFDA93.778 $232,518,668 $232,518,668 $232,518,668 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 $242,519 $242,519 $242,519 Rebates, Refunds, and Reimbursements Not Itemized $242,519 $242,519 $242,519 FRIDAY, MARCH 22, 2013 2173 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 81.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $452,256 $452,256 81.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($282,792) ($282,792) 81.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $4,004 $4,004 81.4 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,358,951) ($1,358,951) ($2,717,902) ($1,358,951) ($1,358,951) ($2,717,902) 81.5 Reduce funds for operations. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($243,398) ($243,398) ($486,796) ($243,398) ($243,398) ($486,796) 81.6 Replace funds to reflect the Children's Health Insurance Program (CHIPRA) performance bonus. State General Funds Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: ($330,000) $330,000 $0 ($330,000) $330,000 $0 81.7 Eliminate funds for the consulting contract to assess the managed care program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($170,687) ($170,687) ($341,374) $452,256 ($282,792) $4,004 ($1,358,951) ($1,358,951) ($2,717,902) ($243,398) ($243,398) ($486,796) ($330,000) $330,000 $0 $0 $0 $0 2174 JOURNAL OF THE SENATE 81.8 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. (H:YES)(S:YES) State General Funds $0 $0 81.100 -Departmental Administration and Program Support Appropriation (HB 106) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $65,378,056 $65,207,369 $65,378,056 State General Funds $65,378,056 $65,207,369 $65,378,056 TOTAL FEDERAL FUNDS $255,875,903 $255,705,216 $255,875,903 Federal Funds Not Itemized $1,922,629 $1,922,629 $1,922,629 Medical Assistance Program CFDA93.778 $230,916,319 $230,745,632 $230,916,319 State Children's Insurance Program CFDA93.767 $23,036,955 $23,036,955 $23,036,955 TOTAL AGENCY FUNDS $3,184,039 $3,184,039 $3,184,039 Rebates, Refunds, and Reimbursements $572,519 $572,519 $572,519 Rebates, Refunds, and Reimbursements Not Itemized $572,519 $572,519 $572,519 Sanctions, Fines, and Penalties $2,611,520 $2,611,520 $2,611,520 Sanctions, Fines, and Penalties Not Itemized $2,611,520 $2,611,520 $2,611,520 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 $345,540,189 $345,198,815 $345,540,189 Health Care Access and Improvement Continuation Budget The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $7,317,234 $7,317,234 $21,548,346 $21,132,096 $7,317,234 $7,317,234 $21,548,346 $21,132,096 $7,317,234 $7,317,234 $21,548,346 $21,132,096 FRIDAY, MARCH 22, 2013 2175 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $416,250 $28,865,580 $416,250 $28,865,580 $416,250 $28,865,580 82.1 Reduce funds for operations for the State Office of Rural Health. State General Funds ($300,000) ($300,000) ($300,000) 82.2 Reduce funds added in HB742 (2012 Session) for the Southeastern Firefighters Burn Foundation. State General Funds ($50,000) ($25,000) ($25,000) 82.3 Reduce funds for one-time funding for Federally Qualified Health Center (FQHC) startup grants. State General Funds ($750,000) ($750,000) ($750,000) 82.4 Increase funds to provide start-up funds through the Georgia Association for Primary Health Care for two Federally Qualified Health Centers in Dawson and Chatham counties. State General Funds $500,000 $500,000 82.100 -Health Care Access and Improvement Appropriation (HB 106) The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS $6,217,234 $6,742,234 $6,742,234 State General Funds $6,217,234 $6,742,234 $6,742,234 TOTAL FEDERAL FUNDS $21,548,346 $21,548,346 $21,548,346 Federal Funds Not Itemized $21,132,096 $21,132,096 $21,132,096 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 TOTAL PUBLIC FUNDS $27,765,580 $28,290,580 $28,290,580 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 $7,124,146 $7,124,146 $8,461,900 $5,521,905 $7,124,146 $7,124,146 $8,461,900 $5,521,905 $7,124,146 $7,124,146 $8,461,900 $5,521,905 2176 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,939,995 $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 83.1 Reduce funds for personnel and eliminate two vacant positions. State General Funds Medical Assistance Program CFDA93.778 Federal Funds Not Itemized Total Public Funds: ($165,000) ($82,500) ($82,500) ($330,000) ($165,000) ($82,500) ($82,500) ($330,000) ($165,000) ($82,500) ($82,500) ($330,000) 83.100 -Healthcare Facility Regulation Appropriation (HB 106) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $6,959,146 $6,959,146 $6,959,146 State General Funds $6,959,146 $6,959,146 $6,959,146 TOTAL FEDERAL FUNDS $8,296,900 $8,296,900 $8,296,900 Federal Funds Not Itemized $5,439,405 $5,439,405 $5,439,405 Medical Assistance Program CFDA93.778 $2,857,495 $2,857,495 $2,857,495 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 $15,356,046 $15,356,046 $15,356,046 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 $0 $0 $257,075,969 $257,075,969 $150,450,219 $0 $0 $257,075,969 $257,075,969 $150,450,219 $0 $0 $257,075,969 $257,075,969 $150,450,219 FRIDAY, MARCH 22, 2013 2177 Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 84.100 -Indigent Care Trust Fund Appropriation (HB 106) 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 Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $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 $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 $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 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 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 2178 JOURNAL OF THE SENATE 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 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 $2,787,214 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 $2,787,214 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 85.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $129,148,434 $248,893,085 $378,041,519 $108,983,707 $210,055,248 $319,038,955 $108,983,707 $210,055,248 $319,038,955 85.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 65.71% to 65.84%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($6,220,152) $6,220,152 $0 ($6,220,152) $6,220,152 $0 ($6,220,152) $6,220,152 $0 85.3 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,715,298) ($3,305,699) ($5,020,997) ($1,715,298) ($3,305,699) ($5,020,997) ($1,715,298) ($3,305,699) ($5,020,997) 85.4 Reduce funds to reflect savings through patient-centered outcome incentives for Case Care and Disease Management. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,630,279) ($5,069,038) ($7,699,317) ($4,130,279) ($7,960,701) ($12,090,980) ($4,100,000) ($7,902,342) ($12,002,342) 85.5 Reduce funds to reflect savings through better enforcement of level-of-care qualification analysis for placement into long-term care and home and community-based services. FRIDAY, MARCH 22, 2013 2179 State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($7,225,223) ($13,924,350) ($21,149,573) ($7,225,223) ($13,924,350) ($21,149,573) ($7,225,223) ($13,924,350) ($21,149,573) 85.6 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($22,398) ($43,165) ($65,563) ($22,398) ($43,165) ($65,563) ($22,398) ($43,165) ($65,563) 85.7 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($19,715,341) $0 $0 ($37,995,135) $0 $0 ($57,710,476) $0 $0 85.8 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($393,857) ($759,035) ($1,152,892) ($393,857) ($759,035) ($1,152,892) ($393,857) ($759,035) ($1,152,892) 85.9 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,664,208) ($5,134,425) ($7,798,633) ($1,332,104) ($2,567,498) ($3,899,602) ($2,664,208) ($5,134,425) ($7,798,633) 85.10 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($7,722,563) ($14,882,817) ($22,605,380) $0 ($3,861,282) $0 ($7,442,237) $0 ($11,303,519) 85.11 Replace funds reduced in HB742 (2012 Session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections. 2180 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $3,938,398 $7,590,026 $11,528,424 $3,938,398 $7,590,026 $11,528,424 $3,938,398 $7,590,026 $11,528,424 85.12 Increase funds to reflect projected FY2014 nursing home provider fee revenue. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $19,872,065 $10,311,440 $30,183,505 $19,872,065 $10,311,440 $30,183,505 $19,872,065 $10,311,440 $30,183,505 85.13 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: $1,330,258 $690,260 $2,020,518 $1,330,258 $690,260 $2,020,518 $1,330,258 $690,260 $2,020,518 85.14 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,584,362) ($4,981,101) ($7,565,463) ($2,584,362) ($4,981,101) ($7,565,463) 85.15 Reduce funds to reflect an unimplemented pharmacy reimbursement policy. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,200,000) ($2,312,881) ($3,512,881) ($1,200,000) ($2,312,881) ($3,512,881) 85.16 Increase funds for 28 additional Independent Care Waiver Program (ICWP) slots. (S:Increase funds for 14 additional Independent Care Waiver Program (ICWP) slots) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $462,525 $891,471 $1,353,996 $231,262 $445,734 $676,996 85.17 Increase funds to implement a wastage policy to reimburse for single-dose vials administered in the physician office. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,932,317 $0 $3,724,350 $0 $5,656,667 $0 FRIDAY, MARCH 22, 2013 2181 85.18 Increase funds to provide funding to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $146,074 $281,543 $427,617 $146,074 $281,543 $427,617 85.19 Report to the House and Senate Appropriations Committees on or by December 31, 2013, after reviewing the potential budget effect and administrative burden to families of the current Qualified Income Trust (QIT) policy compared to an Adult Medically Needy spend-down for nursing home clients. (H:YES)(S:YES) State General Funds $0 $0 85.20 Increase funds to create a SOURCE Quality Incentive Program based on client satisfaction measures. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $300,000 $0 $578,220 $0 $878,220 $0 85.21 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low-Income Medicaid and Medicaid: Aged, Blind, and Disabled programs. (H:YES)(S:YES) State General Funds $0 $0 85.22 Provide Consumer Choice in Georgia's Elderly and Disabled waiver by assuring eligible Medicaid beneficiaries can choose from the SOURCE care management companies and the Community Care Services Program that are available in each county. (H:YES)(S:YES) State General Funds $0 $0 85.23 Increase funds for a $20 per day rate increase for ventilator dependent patients served in skilled nursing facilities. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $90,000 $173,466 $263,466 85.24 It is the intent of the General Assembly that the Department shall revise policies to improve access to RSV vaccinations for medically fragile infants effective July 1, 2013. (S:YES) State General Funds $0 85.25 Reduce funds to recognize savings due to the increased utilization of the Public Assistance Reporting Information System (PARIS) by moving eligible members from Medicaid to the Veterans Administration (VA). 2182 JOURNAL OF THE SENATE State General Funds ($2,844,778) 85.26 Reduce funds for funding for unimplemented nursing home policies for medically frail inmates (HB78). State General Funds ($1,030,300) 85.27 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled to reflect updated Medicaid projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $74,255,644 $143,120,363 $217,376,007 85.98 Transfer all funds and activities from the Medicaid: Aged, Blind, and Disabled program to create a new "Medicaid Benefits" program. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 85.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 106) 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 $1,491,726,769 $1,497,888,604 $1,560,732,483 State General Funds $1,297,792,067 $1,303,953,902 $1,366,797,781 Nursing Home Provider Fees $167,756,401 $167,756,401 $167,756,401 Hospital Provider Fee $26,178,301 $26,178,301 $26,178,301 TOTAL FEDERAL FUNDS $2,963,457,512 $2,975,354,493 $3,103,949,210 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $2,960,670,298 $2,972,567,279 $3,101,161,996 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 FRIDAY, MARCH 22, 2013 2183 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $267,288,632 $267,288,632 $267,288,632 $4,791,315,901 $4,809,374,717 $5,000,813,313 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 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 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 86.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $88,062,323 $169,712,499 $257,774,822 $74,312,629 $143,230,195 $217,542,824 $74,312,629 $143,230,195 $217,542,824 86.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 65.71% to 65.84%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($4,087,071) $4,087,071 $0 ($4,087,071) $4,087,071 $0 ($4,087,071) $4,087,071 $0 86.3 Transfer funds from the PeachCare program to the Medicaid: Low-Income Medicaid program to reflect the eligibility of 6-18 year olds with family income of 100-133% of the federal poverty level (FPL) for Medicaid under the Affordable Care Act. 2184 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $13,356,832 $42,494,441 $55,851,273 $13,356,832 $42,494,441 $55,851,273 $13,356,832 $42,494,441 $55,851,273 86.4 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,169,609) ($2,254,054) ($3,423,663) ($1,169,609) ($2,254,054) ($3,423,663) ($1,169,609) ($2,254,054) ($3,423,663) 86.5 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($15,272) ($29,433) ($44,705) ($15,272) ($29,433) ($44,705) ($15,272) ($29,433) ($44,705) 86.6 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($13,443,282) $0 $0 ($25,907,707) $0 $0 ($39,350,989) $0 $0 86.7 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($268,559) ($517,563) ($786,122) ($268,559) ($517,563) ($786,122) ($268,559) ($517,563) ($786,122) 86.8 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,816,641) ($3,501,006) ($5,317,647) ($908,321) ($1,750,697) ($2,659,018) ($1,816,641) ($3,501,006) ($5,317,647) 86.9 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice) State General Funds Medical Assistance Program CFDA93.778 ($5,265,777) ($10,148,133) $0 ($2,632,889) $0 ($5,074,631) FRIDAY, MARCH 22, 2013 2185 Total Public Funds: ($15,413,910) $0 ($7,707,520) 86.10 Increase funds to reflect unrealized FY2012 reserves. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $10,975,617 $21,152,058 $32,127,675 $10,975,617 $21,152,058 $32,127,675 $10,975,617 $21,152,058 $32,127,675 86.11 Reduce funds to reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week. (H and S:Recognize savings from physicians and hospitals by eliminating elective births prior to the 39th gestational week) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($5,120,000) ($9,867,194) ($14,987,194) ($5,120,000) ($9,867,194) ($14,987,194) ($5,120,000) ($9,867,194) ($14,987,194) 86.12 Reduce funds to reflect savings from the revision of supplemental drug rebates to include Care Management Organization (CMO) claims. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,281,000) ($2,468,726) ($3,749,726) ($1,281,000) ($2,468,726) ($3,749,726) ($1,281,000) ($2,468,726) ($3,749,726) 86.13 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: $10,865,629 $5,638,080 $16,503,709 $10,865,629 $5,638,080 $16,503,709 $10,865,629 $5,638,080 $16,503,709 86.14 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,762,196) ($3,396,457) ($5,158,653) ($1,762,196) ($3,396,457) ($5,158,653) 86.15 Reduce funds to reflect savings from reduced readmissions and cost avoidance due to the elective delivery policy change. State General Funds ($4,000,000) ($3,900,000) 86.16 Reduce funds to reflect the reconciliation of the overage paid through the Hospital Provider Payment Agreement. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,016,031) ($3,885,699) ($5,901,730) ($2,016,031) ($3,885,699) ($5,901,730) 2186 JOURNAL OF THE SENATE 86.17 Increase funds to provide funding to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $99,603 $191,976 $291,579 $99,603 $191,976 $291,579 86.18 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low-Income Medicaid and Medicaid: Aged, Blind, and Disabled programs. (H:YES)(S:YES) State General Funds $0 $0 86.19 Request an extension of the Planning for Healthy Babies waiver. (H:YES)(S:Request an extension of the Planning for Healthy Babies waiver for the population currently covered by the program) State General Funds $0 $0 86.20 Increase funds to provide medically necessary emergency transportation of medically indigent citizens 21 years of age and older by rotary wing air ambulance. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $380,000 $732,412 $1,112,412 86.21 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled and PeachCare to reflect updated Medicaid projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($83,455,955) ($160,853,047) ($244,309,002) 86.98 Transfer all funds and activities from the Medicaid: Low-Income Medicaid program to create a new "Medicaid Benefits" program. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 86.100 -Medicaid: Low-Income Medicaid Appropriation (HB 106) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,192,983,181 $1,191,172,242 $1,104,655,078 State General Funds $868,965,107 $867,154,168 $780,637,004 Tobacco Settlement Funds $110,193,257 $110,193,257 $110,193,257 FRIDAY, MARCH 22, 2013 2187 Hospital Provider Fee TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $213,824,817 $2,363,630,576 $2,363,630,576 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,593,334,537 $213,824,817 $2,367,864,241 $2,367,864,241 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,595,757,263 $213,824,817 $2,200,918,666 $2,200,918,666 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,342,294,524 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 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 87.1 Increase funds for projected growth. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $7,667,976 $24,395,479 $32,063,455 $6,470,725 $20,592,116 $27,062,841 $6,470,725 $20,592,116 $27,062,841 87.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 76.00% to 76.09%. 2188 JOURNAL OF THE SENATE State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($295,838) $295,838 $0 ($295,838) $295,838 $0 ($295,838) $295,838 $0 87.3 Transfer funds from the PeachCare program to the Medicaid: Low-Income Medicaid program to reflect the eligibility of 6-18 year olds with family income of 100-133% of the federal poverty level (FPL) for Medicaid under the Affordable Care Act. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($13,356,832) ($42,494,441) ($55,851,273) ($13,356,832) ($42,494,441) ($55,851,273) ($13,356,832) ($42,494,441) ($55,851,273) 87.4 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($101,843) ($324,011) ($425,854) ($101,843) ($324,011) ($425,854) ($101,843) ($324,011) ($425,854) 87.5 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($1,330) ($4,231) ($5,561) ($1,330) ($4,231) ($5,561) ($1,330) ($4,231) ($5,561) 87.6 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals) State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($1,170,566) $0 $0 ($3,724,127) $0 $0 ($4,894,693) $0 $0 87.7 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($23,384) ($74,398) ($97,782) ($23,384) ($74,398) ($97,782) ($23,384) ($74,398) ($97,782) 87.8 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate) State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($158,183) ($503,255) ($661,438) ($79,092) ($251,697) ($330,789) ($158,183) ($503,255) ($661,438) FRIDAY, MARCH 22, 2013 2189 87.9 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice) State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($458,514) ($1,458,753) ($1,917,267) $0 ($229,257) $0 ($729,576) $0 ($958,833) 87.10 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization. State Children's Insurance Program CFDA93.767 Hospital Provider Fee Total Public Funds: $140,223 $44,074 $184,297 $140,223 $44,074 $184,297 $140,223 $44,074 $184,297 87.11 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($153,442) ($488,306) ($641,748) ($153,442) ($488,306) ($641,748) 87.12 Increase funds to provide funds to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $8,673 $27,600 $36,273 $8,673 $27,600 $36,273 87.13 Transfer funds from Medicaid: Low-Income Medicaid to PeachCare to reflect updated Medicaid projections. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $9,190,311 $29,246,791 $38,437,102 87.100 -PeachCare Appropriation (HB 106) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $71,723,903 $72,090,054 $80,972,017 State General Funds $70,052,580 $70,418,731 $79,300,694 Hospital Provider Fee $1,671,323 $1,671,323 $1,671,323 TOTAL FEDERAL FUNDS $226,594,794 $227,765,163 $256,030,820 2190 JOURNAL OF THE SENATE State Children's Insurance Program CFDA93.767 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $226,594,794 $151,783 $151,783 $151,783 $298,470,480 $227,765,163 $151,783 $151,783 $151,783 $300,007,000 $256,030,820 $151,783 $151,783 $151,783 $337,154,620 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 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $0 $0 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $0 $0 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 88.1 Increase funds to reflect updated revenue and expense projections. Health Insurance Payments $64,856,535 $64,856,535 $64,856,535 88.2 Reduce funds to reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and HRA funding. Health Insurance Payments ($160,796,000) ($160,796,000) ($160,796,000) 88.3 Increase funds to reflect an increase in employee contribution rates for spousal coverage. Health Insurance Payments $118,977,414 $118,977,414 $118,977,414 88.4 Increase funds for the implementation of the childhood obesity initiative in cooperation with Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office. Health Insurance Payments $8,000,000 $8,000,000 $8,000,000 88.5 Increase funds to reflect revenue from increasing per member per month billings for non-certificated school service personnel from $446.20 to $596.20, effective July 2013. Health Insurance Payments $107,693,937 $107,693,937 $107,693,937 FRIDAY, MARCH 22, 2013 2191 88.6 Increase funds to reflect an increase in employee premiums of 7.5% for employee-only and employee + child(ren) tiers. Health Insurance Payments $11,966,438 $11,966,438 $11,966,438 88.7 Increase funds to reflect an increase in employee premiums of 2% due to increased costs from the requirements of the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $14,834,463 $14,834,463 $14,834,463 88.8 Increase funds to reflect revenue from the implementation of an add-on fee of $7 per employee per month for select plans. Health Insurance Payments $17,988,000 $17,988,000 $17,988,000 88.9 Increase funds for continued implementation of the EnGAgement wellness plan. Health Insurance Payments $12,838,000 $12,838,000 $12,838,000 88.10 Reduce funds to reflect savings from elimination of prior authorization for Attention Deficit-Hyperactivity Disorder (ADHD) drugs. Health Insurance Payments ($232,200) ($232,200) ($232,200) 88.11 Reduce funds to reflect savings from implementing a pharmacy step therapy program. Health Insurance Payments ($1,711,000) ($1,711,000) ($1,711,000) 88.12 Reduce funds to reflect savings from revising the prescription drug list. Health Insurance Payments ($7,398,000) ($7,398,000) ($7,398,000) 88.13 Reduce funds to reflect savings from renegotiated rates with the hospital network. Health Insurance Payments ($6,418,000) ($6,418,000) ($6,418,000) 88.14 Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $945.00, effective July 2013. (H:Reflect the full health insurance earnings in QBE for SHBP by increasing the per member per month billings for certificated school service personnel from $912.34 to $1,016.39 to mitigate a mid-year employer rate increase for health benefits)(S:Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $945.00, effective July 2013) Health Insurance Payments $37,877,566 $121,428,987 $37,877,566 88.15 Increase funds to reflect an increase in the employer share of the State Health Benefit Plan from 29.781% to 30.781%, effective July 2013. Health Insurance Payments $26,223,099 $26,223,099 $26,223,099 2192 JOURNAL OF THE SENATE 88.100 -State Health Benefit Plan Appropriation (HB 106) 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 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,315,986,632 $3,315,986,632 $3,315,986,632 $3,315,986,632 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211 Georgia Composite Medical Board Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,046,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 $2,046,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 $2,046,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 89.1 Reduce funds for personnel. State General Funds 89.2 Reduce funds for telecommunications. State General Funds 89.3 Reduce funds for contracts. State General Funds 89.4 Increase funds to implement the Georgia Cosmetic Laser Services Act. State General Funds ($34,654) ($1,332) ($17,000) ($34,654) ($1,332) ($17,000) ($34,654) ($1,332) ($17,000) $10,000 FRIDAY, MARCH 22, 2013 2193 89.100 -Georgia Composite Medical Board Appropriation (HB 106) 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,993,168 $1,993,168 $100,000 $100,000 $100,000 $2,093,168 $1,993,168 $1,993,168 $100,000 $100,000 $100,000 $2,093,168 $2,003,168 $2,003,168 $100,000 $100,000 $100,000 $2,103,168 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 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 90.1 Reduce funds for personnel. State General Funds 90.2 Reduce funds for operations. State General Funds ($2,500) ($4,351) ($2,500) ($4,351) ($2,500) ($4,351) 90.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $678,277 $678,277 $678,277 Appropriation (HB 106) $678,277 $678,277 $678,277 $678,277 $678,277 $678,277 2194 JOURNAL OF THE SENATE 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 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 91.1 Reduce funds for Graduate Medical Education residency slots. State General Funds ($275,551) $0 $0 91.2 Eliminate funds for residency development programs provided for Gwinnett Medical Center and the Southwest Georgia Consortium. (H:Reflect residency development funds in Regents Health Professions Initiative)(S:Restore funds for residency development programs provided for Gwinnett Medical Center ($132,108) and the Southwest Georgia Consortium ($694,791)) State General Funds ($826,899) ($826,899) $0 91.3 Increase funds for six new family medicine residents at Houston Medical Center. State General Funds $123,924 $0 91.4 Increase funds for osteopathic program development to establish two new Doctor of Osteopathic Medicine residency programs at WellStar Health System and East Georgia Medical Center. State General Funds $50,000 $50,000 91.100 -Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 106) 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 $7,815,068 $8,264,543 $8,967,518 State General Funds $7,815,068 $8,264,543 $8,967,518 TOTAL PUBLIC FUNDS $7,815,068 $8,264,543 $8,967,518 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. FRIDAY, MARCH 22, 2013 2195 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 92.1 Reduce funds for the Mercer School of Medicine operating grant. State General Funds ($647,733) $0 $0 92.100 -Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 106) 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 $20,322,178 $20,969,911 $20,969,911 State General Funds $20,322,178 $20,969,911 $20,969,911 TOTAL PUBLIC FUNDS $20,322,178 $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 93.1 Reduce funds for the Morehouse School of Medicine operating grant. State General Funds ($329,627) $0 $0 93.2 Transfer the Morehouse Undergraduate Medical Education funds to the Morehouse School of Medicine Operating Grant to maximize matching federal funds. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $262,169 $505,305 $767,474 $262,169 $505,305 $767,474 2196 JOURNAL OF THE SENATE 93.100 -Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 106) 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 $10,341,847 $10,933,643 $10,933,643 State General Funds $10,341,847 $10,933,643 $10,933,643 TOTAL FEDERAL FUNDS $505,305 $505,305 Medical Assistance Program CFDA93.778 $505,305 $505,305 TOTAL PUBLIC FUNDS $10,341,847 $11,438,948 $11,438,948 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 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 94.1 Increase funds to establish the Medical Recruitment Fair using a public/private partnership with the Georgia Alliance of Community Hospitals and the Georgia Rural Health Association. State General Funds $40,000 $40,000 94.2 Increase funds for two additional loan repayments to the Physicians for Rural Areas Assistance program. State General Funds $40,000 94.100 -Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 106) 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 $910,000 State General Funds $830,000 $870,000 $910,000 TOTAL PUBLIC FUNDS $830,000 $870,000 $910,000 FRIDAY, MARCH 22, 2013 2197 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 95.1 Reduce funds for medical education at private institutions. State General Funds ($84,408) ($84,408) ($84,408) 95.2 Transfer the Morehouse Undergraduate Medical Education funds to the Morehouse School of Medicine Operating Grant to maximize federal matching funds. State General Funds ($591,796) ($591,796) 95.100 -Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 106) 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 $2,647,228 $2,055,432 $2,055,432 State General Funds $2,647,228 $2,055,432 $2,055,432 TOTAL PUBLIC FUNDS $2,647,228 $2,055,432 $2,055,432 Fees assessed for the Hospital Provider Payment Program shall not exceed 1.45% of net patient revenue. In addition, any other fees assessed pursuant to the Hospital Medicaid Financing Program Act shall not exceed that percentage of net patient revenues necessary to obtain federal financing participation for additional medical assistance payments to participating hospitals allowable under 42 C.F.R. Section 447.272 and 42 C.F.R. Section 447.321. Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $1,121,908,791 $1,121,908,791 $1,121,908,791 $1,121,908,791 $1,121,908,791 $1,121,908,791 2198 JOURNAL OF THE SENATE 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 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,140,912,716 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,140,912,716 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,140,912,716 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 Section Total - Final $1,134,081,799 $1,134,081,799 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,153,085,724 $1,132,581,799 $1,132,581,799 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,151,585,724 $1,132,495,600 $1,132,495,600 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,151,499,525 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 $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 96.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $79,125 $79,125 $79,125 FRIDAY, MARCH 22, 2013 2199 96.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $419 $419 $419 96.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 106) 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 $6,228,226 $6,228,226 $6,228,226 State General Funds $6,228,226 $6,228,226 $6,228,226 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 $6,235,272 $6,235,272 $6,235,272 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 $9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 $9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 97.100 -County Jail Subsidy Appropriation (HB 106) 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 AGENCY FUNDS $4,500,000 $4,500,000 $4,500,000 Sales and Services $4,500,000 $4,500,000 $4,500,000 Sales and Services Not Itemized $4,500,000 $4,500,000 $4,500,000 TOTAL PUBLIC FUNDS $14,096,724 $14,096,724 $14,096,724 2200 JOURNAL OF THE SENATE Departmental Administration Continuation Budget The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $36,067,108 $36,067,108 $70,555 $70,555 $36,137,663 $36,067,108 $36,067,108 $70,555 $70,555 $36,137,663 $36,067,108 $36,067,108 $70,555 $70,555 $36,137,663 98.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $474,747 $474,747 98.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($301,042) ($301,042) 98.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,531 $1,531 98.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $474,747 ($301,042) $1,531 ($86,199) 98.100 -Departmental Administration Appropriation (HB 106) 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 $36,242,344 $36,242,344 $36,156,145 State General Funds $36,242,344 $36,242,344 $36,156,145 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 Federal Funds Not Itemized $70,555 $70,555 $70,555 TOTAL PUBLIC FUNDS $36,312,899 $36,312,899 $36,226,700 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. FRIDAY, MARCH 22, 2013 2201 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 99.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $553,872 $553,872 99.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($32,255) ($32,255) 99.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,017 $2,017 $553,872 ($32,255) $2,017 99.100 -Detention Centers Appropriation (HB 106) 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 $28,922,837 $28,922,837 $28,922,837 State General Funds $28,922,837 $28,922,837 $28,922,837 TOTAL AGENCY FUNDS $450,000 $450,000 $450,000 Sales and Services $450,000 $450,000 $450,000 Sales and Services Not Itemized $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $29,372,837 $29,372,837 $29,372,837 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 $27,519,049 $27,519,049 $27,519,049 $27,519,049 $27,519,049 $27,519,049 2202 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $751,721 $751,721 $28,270,770 $751,721 $751,721 $28,270,770 $751,721 $751,721 $28,270,770 100.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $26,375 $26,375 100.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $128 $128 $26,375 $128 100.100 -Food and Farm Operations Appropriation (HB 106) 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 $27,545,552 $27,545,552 $27,545,552 State General Funds $27,545,552 $27,545,552 $27,545,552 TOTAL FEDERAL FUNDS $751,721 $751,721 $751,721 Federal Funds Not Itemized $751,721 $751,721 $751,721 TOTAL PUBLIC FUNDS $28,297,273 $28,297,273 $28,297,273 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 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,883,766 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,883,766 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,883,766 101.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $210,999 $210,999 $210,999 FRIDAY, MARCH 22, 2013 2203 101.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds 101.3 Reduce funds to recognize program efficiencies. State General Funds $1,118 $1,118 $1,118 ($1,500,000) ($1,500,000) 101.100 -Health Appropriation (HB 106) 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 $201,705,883 $200,205,883 $200,205,883 State General Funds $201,705,883 $200,205,883 $200,205,883 TOTAL AGENCY FUNDS $390,000 $390,000 $390,000 Sales and Services $390,000 $390,000 $390,000 Sales and Services Not Itemized $390,000 $390,000 $390,000 TOTAL PUBLIC FUNDS $202,095,883 $200,595,883 $200,595,883 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 $42,320,127 $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 $42,350,127 102.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $79,125 $79,125 102.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($10,742) ($10,742) $79,125 ($10,742) 2204 JOURNAL OF THE SENATE 102.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $310 $310 $310 102.100 -Offender Management Appropriation (HB 106) The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads. TOTAL STATE FUNDS $42,388,820 $42,388,820 $42,388,820 State General Funds $42,388,820 $42,388,820 $42,388,820 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $42,418,820 $42,418,820 $42,418,820 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 103.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $105,499 $105,499 $105,499 103.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $437 $437 $437 103.3 Transfer funds from the Parole Revocation Centers program to the State Prisons program to properly align budget and expenditures. State General Funds ($4,902,641) ($4,902,641) ($4,902,641) FRIDAY, MARCH 22, 2013 2205 Sales and Services Not Itemized Total Public Funds: ($405,000) ($5,307,641) ($405,000) ($5,307,641) ($405,000) ($5,307,641) 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 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 104.100 -Private Prisons Appropriation (HB 106) 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 $134,908,024 State General Funds $134,908,024 $134,908,024 $134,908,024 TOTAL PUBLIC FUNDS $134,908,024 $134,908,024 $134,908,024 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, as well as support the Georgia Commission on Family Violence. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $97,678,890 $97,678,890 $10,000 $10,000 $10,000 $97,688,890 $97,678,890 $97,678,890 $10,000 $10,000 $10,000 $97,688,890 $97,678,890 $97,678,890 $10,000 $10,000 $10,000 $97,688,890 105.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,925,363 $1,925,363 105.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($247,285) ($247,285) $1,925,363 ($247,285) 2206 JOURNAL OF THE SENATE 105.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $7,325 $7,325 $7,325 105.100 -Probation Supervision Appropriation (HB 106) 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 $99,364,293 $99,364,293 $99,364,293 State General Funds $99,364,293 $99,364,293 $99,364,293 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 Sales and Services $10,000 $10,000 $10,000 Sales and Services Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $99,374,293 $99,374,293 $99,374,293 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; 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 Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $505,172,788 $505,172,788 $100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 $505,172,788 $505,172,788 $100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 $505,172,788 $505,172,788 $100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 106.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $9,231,193 $9,231,193 $9,231,193 FRIDAY, MARCH 22, 2013 2207 106.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($462,323) ($462,323) ($462,323) 106.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $44,953 $44,953 $44,953 106.4 Transfer funds from the Parole Revocation Centers program to the State Prisons program to properly align budget and expenditures. State General Funds Sales and Services Not Itemized Total Public Funds: $4,902,641 $405,000 $5,307,641 $4,902,641 $405,000 $5,307,641 $4,902,641 $405,000 $5,307,641 106.100 -State Prisons Appropriation (HB 106) 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 $518,889,252 $518,889,252 $518,889,252 State General Funds $518,889,252 $518,889,252 $518,889,252 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $12,694,603 $12,694,603 $12,694,603 Royalties and Rents $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 Sales and Services $12,039,499 $12,039,499 $12,039,499 Sales and Services Not Itemized $12,039,499 $12,039,499 $12,039,499 TOTAL PUBLIC FUNDS $531,683,855 $531,683,855 $531,683,855 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 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 2208 JOURNAL OF THE SENATE 107.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $501,121 $501,121 107.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($21,503) ($21,503) 107.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,501 $2,501 $501,121 ($21,503) $2,501 107.100 -Transitional Centers Appropriation (HB 106) 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 $28,289,844 $28,289,844 $28,289,844 State General Funds $28,289,844 $28,289,844 $28,289,844 TOTAL PUBLIC FUNDS $28,289,844 $28,289,844 $28,289,844 Section 19: Defense, 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 TOTAL STATE FUNDS State General Funds Section Total - Continuation $9,101,329 $9,101,329 $9,101,329 $9,101,329 $74,506,287 $74,506,287 $74,506,287 $74,506,287 $7,641,586 $7,641,586 $6,165,906 $6,165,906 $6,165,906 $6,165,906 $171,171 $171,171 $171,171 $171,171 $1,304,509 $1,304,509 $1,304,509 $1,304,509 $91,249,202 $91,249,202 Section Total - Final $9,192,612 $9,192,612 $9,183,398 $9,183,398 $9,101,329 $9,101,329 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $91,249,202 $9,166,038 $9,166,038 FRIDAY, MARCH 22, 2013 2209 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 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $91,340,485 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $91,331,271 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $91,313,911 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 $1,144,335 $1,144,335 $672,334 $672,334 $1,816,669 $1,144,335 $1,144,335 $672,334 $672,334 $1,816,669 $1,144,335 $1,144,335 $672,334 $672,334 $1,816,669 108.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $23,380 $23,380 108.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,706 $1,706 108.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $201 $201 108.4 Reduce funds for telecommunications. State General Funds ($55,453) ($55,453) 108.5 Reduce funds for personnel by converting one full-time administrative position to a part-time position. State General Funds ($20,629) ($20,629) $23,380 $1,706 $201 ($55,453) ($20,629) 2210 JOURNAL OF THE SENATE 108.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($17,360) 108.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,093,540 $1,093,540 $1,076,180 State General Funds $1,093,540 $1,093,540 $1,076,180 TOTAL FEDERAL FUNDS $672,334 $672,334 $672,334 Federal Funds Not Itemized $672,334 $672,334 $672,334 TOTAL PUBLIC FUNDS $1,765,874 $1,765,874 $1,748,514 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 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 $4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 $4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 $4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 109.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $55,852 $55,852 109.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $873 $873 $55,852 $873 FRIDAY, MARCH 22, 2013 2211 109.3 Reduce funds for personnel and hold one position vacant. State General Funds ($217,587) ($217,587) 109.4 Increase funds for minor repair and maintenance for facilities statewide not eligible for bond funding. State General Funds $250,000 $250,000 109.5 Reduce funds to reflect an adjustment in the Military Interstate Compact billing. State General Funds ($9,214) ($217,587) $250,000 ($9,214) 109.100 -Military Readiness Appropriation (HB 106) 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 $4,799,610 $4,790,396 $4,790,396 State General Funds $4,799,610 $4,790,396 $4,790,396 TOTAL FEDERAL FUNDS $63,865,953 $63,865,953 $63,865,953 Federal Funds Not Itemized $63,865,953 $63,865,953 $63,865,953 TOTAL AGENCY FUNDS $7,641,586 $7,641,586 $7,641,586 Intergovernmental Transfers $6,165,906 $6,165,906 $6,165,906 Intergovernmental Transfers Not Itemized $6,165,906 $6,165,906 $6,165,906 Royalties and Rents $171,171 $171,171 $171,171 Royalties and Rents Not Itemized $171,171 $171,171 $171,171 Sales and Services $1,304,509 $1,304,509 $1,304,509 Sales and Services Not Itemized $1,304,509 $1,304,509 $1,304,509 TOTAL PUBLIC FUNDS $76,307,149 $76,297,935 $76,297,935 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 $3,246,522 $3,246,522 $9,968,000 $3,246,522 $3,246,522 $9,968,000 $3,246,522 $3,246,522 $9,968,000 2212 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $9,968,000 $13,214,522 $9,968,000 $13,214,522 110.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $50,656 $50,656 110.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,284 $2,284 $9,968,000 $13,214,522 $50,656 $2,284 110.100 -Youth Educational Services Appropriation (HB 106) 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 $3,299,462 $3,299,462 $3,299,462 State General Funds $3,299,462 $3,299,462 $3,299,462 TOTAL FEDERAL FUNDS $9,968,000 $9,968,000 $9,968,000 Federal Funds Not Itemized $9,968,000 $9,968,000 $9,968,000 TOTAL PUBLIC FUNDS $13,267,462 $13,267,462 $13,267,462 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 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $59,380,684 $59,380,684 $59,380,684 $59,380,684 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $62,224,805 $62,224,805 Section Total - Final $60,666,328 $60,666,328 $2,844,121 $2,844,121 $2,844,121 $63,510,449 $60,666,328 $60,666,328 $2,844,121 $2,844,121 $2,844,121 $63,510,449 $59,380,684 $59,380,684 $2,844,121 $2,844,121 $2,844,121 $62,224,805 $60,666,328 $60,666,328 $2,844,121 $2,844,121 $2,844,121 $63,510,449 FRIDAY, MARCH 22, 2013 2213 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 111.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $98,201 $98,201 111.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $7,174 $7,174 111.3 Reduce funds for operations. State General Funds ($3,432) ($3,432) $98,201 $7,174 ($3,432) 111.100 -Customer Service Support Appropriation (HB 106) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,214,980 $9,214,980 $9,214,980 State General Funds $9,214,980 $9,214,980 $9,214,980 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 $9,715,837 $9,715,837 $9,715,837 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. 2214 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 112.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $596,531 $596,531 $596,531 112.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($144,617) ($144,617) ($144,617) 112.3 Increase funds for archival storage for Real ID implementation. State General Funds $541,485 $541,485 $541,485 112.4 Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation. State General Funds $200,000 $200,000 $200,000 112.5 Reduce funds for operations. State General Funds ($21,146) ($21,146) ($21,146) 112.6 Reduce funds for telecommunications. State General Funds ($12,109) ($12,109) ($12,109) 112.100 -License Issuance Appropriation (HB 106) 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 $50,594,516 $50,594,516 $50,594,516 State General Funds $50,594,516 $50,594,516 $50,594,516 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 $52,422,351 $52,422,351 $52,422,351 FRIDAY, MARCH 22, 2013 2215 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 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 113.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $24,154 $24,154 113.2 Reduce funds for operations. State General Funds ($597) ($597) $24,154 ($597) 113.100 -Regulatory Compliance Appropriation (HB 106) 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 $856,832 $856,832 $856,832 State General Funds $856,832 $856,832 $856,832 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 $1,372,261 $1,372,261 $1,372,261 Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $354,061,853 $354,061,853 $55,459,608 $55,459,608 $354,061,853 $55,459,608 2216 JOURNAL OF THE SENATE Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $298,602,245 $313,627,536 $125,722,185 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263 $298,602,245 $313,627,536 $125,722,185 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263 $298,602,245 $313,627,536 $125,722,185 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263 Section Total - Final $367,625,482 $55,451,852 $312,173,630 $313,627,536 $125,722,185 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $681,450,892 $367,625,482 $55,451,852 $312,173,630 $313,627,536 $125,722,185 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $681,450,892 $367,625,482 $55,451,852 $312,173,630 $325,127,536 $125,722,185 $96,773,342 $102,632,009 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $692,950,892 FRIDAY, MARCH 22, 2013 2217 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 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 114.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $29,003 $29,003 $29,003 114.2 Reduce funds for personnel for a portion of the Chief Financial Officer's salary and replace with federal funds. State General Funds ($36,559) ($36,559) ($36,559) 114.3 Reduce funds for contracts. State General Funds ($200) ($200) ($200) 114.4 Transfer funds from the Department of Human Services Child Care Services program, Child Welfare Services program, Departmental Administration program and Federal Eligibility Benefit Services program to the Department of Early Care and Learning Child Care Services program to properly reflect the correct receiving department. Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds: $10,191,339 $1,308,661 $11,500,000 114.100 -Child Care Services Appropriation (HB 106) 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. 2218 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $55,451,852 $55,451,852 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,372,203 $55,451,852 $55,451,852 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,372,203 $55,451,852 $55,451,852 $175,405,351 $96,773,342 $78,632,009 $15,000 $15,000 $15,000 $230,872,203 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 $121,997,250 $121,997,250 $121,997,250 $0 $0 $121,997,250 $121,997,250 $121,997,250 $0 $0 $121,997,250 $121,997,250 $121,997,250 115.100 -Nutrition Appropriation (HB 106) 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 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 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. FRIDAY, MARCH 22, 2013 2219 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $298,602,245 $0 $298,602,245 $218,000 $218,000 $298,820,245 $298,602,245 $0 $298,602,245 $218,000 $218,000 $298,820,245 $298,602,245 $0 $298,602,245 $218,000 $218,000 $298,820,245 116.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $59,236 $59,236 $59,236 116.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. Lottery Proceeds $459,115 $459,115 $459,115 116.3 Reduce funds to reflect an adjustment in telecommunications expenses. Lottery Proceeds ($94,898) ($94,898) ($94,898) 116.4 Increase funds to increase the school year by 10 days from 170 days to 180 days. Lottery Proceeds $12,915,130 $12,915,130 $12,915,130 116.5 Increase funds for transportation. Lottery Proceeds $232,802 $232,802 $232,802 116.100 -Pre-Kindergarten Program Appropriation (HB 106) 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 $312,173,630 $312,173,630 $312,173,630 Lottery Proceeds $312,173,630 $312,173,630 $312,173,630 TOTAL FEDERAL FUNDS $218,000 $218,000 $218,000 Federal Funds Not Itemized $218,000 $218,000 $218,000 TOTAL PUBLIC FUNDS $312,391,630 $312,391,630 $312,391,630 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. 2220 JOURNAL OF THE SENATE 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 117.100 -Quality Initiatives Appropriation (HB 106) 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 FRIDAY, MARCH 22, 2013 2221 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $40,617,320 $40,617,320 $33,779,876 $33,779,876 $6,837,444 $6,837,444 $659,400 $659,400 $659,400 $659,400 $41,276,720 $41,276,720 $40,617,320 $33,779,876 $6,837,444 $659,400 $659,400 $41,276,720 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $36,429,024 $33,237,107 $3,191,917 $659,400 $659,400 $37,088,424 $36,431,524 $33,239,607 $3,191,917 $659,400 $659,400 $37,090,924 $36,543,980 $33,352,063 $3,191,917 $659,400 $659,400 $37,203,380 Departmental Administration Continuation Budget The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 118.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $62,262 $62,262 118.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($203) ($203) 118.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,587 $2,587 $62,262 ($203) $2,587 2222 JOURNAL OF THE SENATE 118.4 Reduce funds for personnel and eliminate two vacant positions. State General Funds ($94,813) ($94,813) ($94,813) 118.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($5,044) 118.100 -Departmental Administration Appropriation (HB 106) 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 $4,054,293 $4,054,293 $4,049,249 State General Funds $4,054,293 $4,054,293 $4,049,249 TOTAL PUBLIC FUNDS $4,054,293 $4,054,293 $4,049,249 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 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 119.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,082 $13,082 119.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($16) ($16) 119.3 Reduce funds for marketing. State General Funds ($62,538) ($62,538) $13,082 ($16) ($62,538) 119.100 -Film, Video, and Music Appropriation (HB 106) 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. FRIDAY, MARCH 22, 2013 2223 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $905,693 $905,693 $905,693 $905,693 $905,693 $905,693 $905,693 $905,693 $905,693 Global Commerce Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 120.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $109,050 $109,050 120.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($639) ($639) 120.3 Reduce funds for marketing. State General Funds ($100,000) ($100,000) 120.4 Reduce funds for contracts. State General Funds ($65,000) ($65,000) $109,050 ($639) ($100,000) ($65,000) 120.100 -Global Commerce Appropriation (HB 106) 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. 2224 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,235,416 $10,235,416 $10,235,416 $10,235,416 $10,235,416 $10,235,416 $10,235,416 $10,235,416 $10,235,416 Innovation and Technology Continuation Budget The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. TOTAL STATE FUNDS $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 PUBLIC FUNDS $14,347,266 $14,347,266 $14,347,266 121.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $12,780 $12,780 $12,780 121.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($42) ($42) ($42) 121.3 Reduce funds for the Georgia Research Alliance. State General Funds ($180,849) ($180,849) ($180,849) 121.4 Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780). Tobacco Settlement Funds ($52,040) ($52,040) ($52,040) 121.5 Reduce funds for the Tumor Tissue Bank. Tobacco Settlement Funds ($124,595) ($124,595) ($124,595) 121.6 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations. Tobacco Settlement Funds ($1,989,152) ($1,989,152) ($1,989,152) 121.7 Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) ($275,000) and Regional Cancer Coalitions ($1,204,740). Tobacco Settlement Funds ($1,479,740) ($1,479,740) ($1,479,740) FRIDAY, MARCH 22, 2013 2225 121.100 -Innovation and Technology Appropriation (HB 106) 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 $10,533,628 $10,533,628 $10,533,628 State General Funds $7,341,711 $7,341,711 $7,341,711 Tobacco Settlement Funds $3,191,917 $3,191,917 $3,191,917 TOTAL PUBLIC FUNDS $10,533,628 $10,533,628 $10,533,628 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 PUBLIC FUNDS $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 122.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $16,068 $16,068 122.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($58) ($58) 122.3 Reduce funds for operations. State General Funds ($20,868) ($20,868) $16,068 ($58) ($20,868) 122.100 -Small and Minority Business Development Appropriation (HB 106) 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 $912,002 $912,002 $912,002 State General Funds $912,002 $912,002 $912,002 TOTAL PUBLIC FUNDS $912,002 $912,002 $912,002 2226 JOURNAL OF THE SENATE Tourism Continuation Budget The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 123.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $85,756 $85,756 123.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($642) ($642) 123.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds ($74,100) ($74,100) 123.4 Reduce funds for contracts. State General Funds ($19,882) ($19,882) 123.5 Reduce funds for marketing. State General Funds ($100,000) ($100,000) 123.6 Increase funds for the Historic Chattahoochee Commission. State General Funds $2,500 123.7 Increase funds for the Civil War Commission. State General Funds 123.8 Increase funds for sponsorship of special education programming. State General Funds $9,310,394 $9,310,394 $9,310,394 $85,756 ($642) ($74,100) ($19,882) ($100,000) $0 $20,000 $100,000 123.100 -Tourism Appropriation (HB 106) 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. FRIDAY, MARCH 22, 2013 2227 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,201,526 $9,201,526 $9,201,526 $9,204,026 $9,204,026 $9,204,026 $9,321,526 $9,321,526 $9,321,526 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 $578,689 $578,689 $578,689 State General Funds $578,689 $578,689 $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 $1,238,089 $1,238,089 124.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $7,777 $7,777 $7,777 124.100 -Arts, Georgia Council for the Appropriation (HB 106) 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 $586,466 $586,466 $586,466 State General Funds $586,466 $586,466 $586,466 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $1,245,866 $1,245,866 $1,245,866 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 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 125.1 Eliminate funds. State General Funds ($132,481) ($132,481) ($132,481) 2228 JOURNAL OF THE SENATE 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 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 $7,168,032,040 $7,168,032,040 $7,168,032,040 $7,168,032,040 $1,754,515,336 $1,754,515,336 $1,754,515,336 $1,754,515,336 $3,713,178 $3,713,178 $1,109,438 $1,109,438 $1,109,438 $1,109,438 $300,000 $300,000 $300,000 $300,000 $828,560 $828,560 $828,560 $828,560 $1,475,180 $1,475,180 $1,475,180 $1,475,180 $8,926,260,554 $8,926,260,554 $7,168,032,040 $7,168,032,040 $1,754,515,336 $1,754,515,336 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $8,926,260,554 Section Total - Final $7,407,799,810 $7,407,799,810 $1,754,515,336 $1,754,515,336 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $9,166,028,324 $7,404,149,772 $7,404,149,772 $1,754,515,336 $1,754,515,336 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $9,162,378,286 $7,408,107,606 $7,408,107,606 $1,754,515,336 $1,754,515,336 $4,232,953 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,994,955 $1,994,955 $9,166,855,895 FRIDAY, MARCH 22, 2013 2229 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 PUBLIC FUNDS $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 126.1 Reduce funds for the Extended Day/Year program. State General Funds ($90,377) ($45,189) ($45,189) 126.2 Reduce funds for Area Teachers. State General Funds ($44,647) ($22,323) ($22,323) 126.3 Reduce funds for Young Farmers. State General Funds ($80,051) ($40,025) ($40,025) 126.4 Reduce for Youth Camps. State General Funds ($14,440) ($7,220) ($7,220) 126.5 Transfer funds from the Central Office program to the Agricultural Education program for administrative staff. State General Funds $345,157 $345,157 $345,157 126.6 Transfer funds from the Technology/Career Education program to the Agricultural Education program. State General Funds $124,318 126.100 -Agricultural Education Appropriation (HB 106) 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 $7,766,151 $7,880,909 $8,005,227 State General Funds $7,766,151 $7,880,909 $8,005,227 TOTAL PUBLIC FUNDS $7,766,151 $7,880,909 $8,005,227 2230 JOURNAL OF THE SENATE 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 $30,301,129 $30,301,129 $55,540,713 $55,540,713 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 $30,301,129 $30,301,129 $55,540,713 $55,540,713 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 $30,301,129 $30,301,129 $55,540,713 $55,540,713 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 128.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $409,488 $409,488 $409,488 128.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $43,255 $43,255 $43,255 128.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,688 $4,688 $4,688 128.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $39,176 $39,176 $39,176 128.5 Reduce funds for personnel and eliminate one filled position. State General Funds ($283,953) ($283,953) ($283,953) 128.6 Reduce funds for personnel to eliminate two vacant positions in Charter School Administration. State General Funds ($95,824) ($95,824) ($95,824) 128.7 Reduce funds for the School Nurse Coordinator to reflect projected expenditures. State General Funds ($18,077) ($18,077) ($18,077) FRIDAY, MARCH 22, 2013 2231 128.8 Reduce funds for operations. State General Funds ($41,447) ($41,447) ($41,447) 128.9 Reduce funds for travel based on prior years' expenditures. State General Funds ($20,099) ($20,099) ($20,099) 128.10 Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones. State General Funds ($31,584) ($31,584) ($31,584) 128.11 Reduce funds for the Superintendent's Leadership Program. State General Funds ($44,597) $0 ($44,597) 128.12 Reduce funds for the American Association of Adapted Sports Program. State General Funds ($40,000) $0 $0 128.13 Reduce funds for State Schools Administration based on prior year expenditures. State General Funds ($20,000) ($20,000) ($20,000) 128.14 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for the Discovery Education contract. State General Funds ($961,565) ($961,565) ($721,174) 128.15 Transfer funds from the Department of Education to the Office of Student Achievement for technology for the Reading Mentors program. State General Funds ($396,824) ($396,824) ($396,824) 128.16 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($69,490) 128.97 Transfer funds and administrative staff from the Central Office program and create a new "Business and Finance Administration" program. (Total Funds: $7,393,641)(G:YES)(H:YES)(S:YES) State General Funds Federal Funds Not Itemized Reserved Fund Balances Not Itemized Total Public Funds: ($7,106,636) ($137,890) ($149,115) ($7,393,641) ($7,106,636) ($137,890) ($149,115) ($7,393,641) ($7,106,636) ($137,890) ($149,115) ($7,393,641) 2232 JOURNAL OF THE SENATE 128.98 Transfer the following program administrative staff from Central Office to their respective program: Agriculture Education, Charter Schools, Curriculum, Federal Programs, Information Technology, Nutrition, School Improvement, Technology/Career Education, and Testing. State General Funds Contributions, Donations, and Forfeitures Not Itemized Federal Funds Not Itemized Total Public Funds: ($17,962,336) ($619,031) ($33,403,236) ($51,984,603) ($17,962,336) ($619,031) ($33,403,236) ($51,984,603) ($17,962,336) ($619,031) ($33,403,236) ($51,984,603) 128.100 -Central Office Appropriation (HB 106) 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 $3,774,794 $3,859,391 $3,985,695 State General Funds $3,774,794 $3,859,391 $3,985,695 TOTAL FEDERAL FUNDS $21,999,587 $21,999,587 $21,999,587 Federal Funds Not Itemized $21,999,587 $21,999,587 $21,999,587 TOTAL AGENCY FUNDS $150,885 $150,885 $150,885 Reserved Fund Balances $150,885 $150,885 $150,885 Reserved Fund Balances Not Itemized $150,885 $150,885 $150,885 TOTAL PUBLIC FUNDS $25,925,266 $26,009,863 $26,136,167 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 $1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876 $1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876 $1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876 129.1 Reduce funds for planning grants. (H:Eliminate funds for planning grants)(S:Utilize funds for assistance to charter school and charter system planning, development and implementation of best practices across systems pursuant to recommendation of Charter Advisory Committee OCGA 20-2-2063.1) FRIDAY, MARCH 22, 2013 2233 State General Funds ($5,000) ($90,000) $0 129.2 Reduce funds for facility grants. (S:Reduce funds due to the availability of capital revenue for state charter schools and state chartered special schools per HB 797 (2012 Session)) State General Funds ($54,806) ($54,806) ($1,903,546) 129.3 Transfer funds from the Central Office program to the Charter Schools program for administrative staff. State General Funds $347,744 $347,744 $347,744 129.100 -Charter Schools Appropriation (HB 106) The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities. TOTAL STATE FUNDS $2,281,484 $2,196,484 $437,744 State General Funds $2,281,484 $2,196,484 $437,744 TOTAL FEDERAL FUNDS $7,001,330 $7,001,330 $7,001,330 Federal Funds Not Itemized $7,001,330 $7,001,330 $7,001,330 TOTAL PUBLIC FUNDS $9,282,814 $9,197,814 $7,439,074 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 ($27,993) $0 $0 130.100 -Communities in Schools Appropriation (HB 106) 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 $905,107 $933,100 $933,100 State General Funds $905,107 $933,100 $933,100 TOTAL PUBLIC FUNDS $905,107 $933,100 $933,100 2234 JOURNAL OF THE SENATE 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 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 131.1 Reduce funds for contracts. State General Funds ($212,907) ($212,907) ($212,907) 131.2 Transfer funds from the Department of Education to the University System of Georgia for GALILEO. State General Funds ($125,512) ($125,512) ($125,512) 131.3 Transfer funds from the Central Office program to the Curriculum Development program for administrative staff. State General Funds Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Total Public Funds: $2,614,113 $1,099,020 $619,031 $4,332,164 $2,614,113 $1,099,020 $619,031 $4,332,164 $2,614,113 $1,099,020 $619,031 $4,332,164 131.4 Transfer funds from the Department of Education to the University System of Georgia for the SIRS Discovery subscription. State General Funds ($106,790) ($106,790) 131.100 -Curriculum Development Appropriation (HB 106) 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 $3,508,438 $3,401,648 $3,401,648 State General Funds $3,508,438 $3,401,648 $3,401,648 TOTAL FEDERAL FUNDS $1,099,020 $1,099,020 $1,099,020 Federal Funds Not Itemized $1,099,020 $1,099,020 $1,099,020 TOTAL AGENCY FUNDS $619,031 $619,031 $619,031 Contributions, Donations, and Forfeitures $619,031 $619,031 $619,031 Contributions, Donations, and Forfeitures Not Itemized $619,031 $619,031 $619,031 TOTAL PUBLIC FUNDS $5,226,489 $5,119,699 $5,119,699 FRIDAY, MARCH 22, 2013 2235 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 $1,072,513,107 $1,072,513,107 $1,072,513,107 $0 $1,072,513,107 $1,072,513,107 $1,072,513,107 $0 $1,072,513,107 $1,072,513,107 $1,072,513,107 132.1 Transfer funds from the Central Office program to the Federal Programs program for administrative staff. Federal Funds Not Itemized $11,728,068 $11,728,068 $11,728,068 132.2 Transfer funds from the Georgia Learning Resource System program to the Federal Programs program for the Georgia Learning Resource Center. Federal Funds Not Itemized $6,300,860 $6,300,860 $6,300,860 132.100 -Federal Programs Appropriation (HB 106) 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 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 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 $6,300,860 $6,300,860 $6,300,860 $0 $0 $6,300,860 $6,300,860 $6,300,860 $0 $0 $6,300,860 $6,300,860 $6,300,860 133.1 Transfer funds from the Georgia Learning Resource System program to the Federal Programs program for the Georgia Learning Resource Center. Federal Funds Not Itemized ($6,300,860) ($6,300,860) ($6,300,860) 2236 JOURNAL OF THE SENATE 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 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 134.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,531 $2,531 $2,531 134.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $1,573 $1,573 $1,573 134.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $23 $23 $23 134.4 Reduce funds for contracts. State General Funds ($141,179) ($141,179) ($141,179) 134.5 Reduce funds for the transfer of course development for FY2014 to FY2015. State General Funds ($1,000,000) ($1,000,000) 134.100 -Georgia Virtual School Appropriation (HB 106) 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 $4,568,903 $3,568,903 $3,568,903 State General Funds $4,568,903 $3,568,903 $3,568,903 TOTAL AGENCY FUNDS $1,371,025 $1,371,025 $1,371,025 Sales and Services $1,371,025 $1,371,025 $1,371,025 FRIDAY, MARCH 22, 2013 2237 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,371,025 $5,939,928 $1,371,025 $4,939,928 $1,371,025 $4,939,928 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 Eliminate funds for the Georgia Youth Science and Technology Program. (H and S:Reduce funds ($94,000) and transfer remaining funds to the Board of Regents ($50,000)) State General Funds ($144,000) ($144,000) ($144,000) Governor's Honors Program Continuation Budget The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 136.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,114 $2,114 136.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $20 $20 136.3 Reduce funds for operations. State General Funds ($28,795) $0 $2,114 $20 ($14,398) 136.100 -Governor's Honors Program Appropriation (HB 106) 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. 2238 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $933,178 $933,178 $933,178 $961,973 $961,973 $961,973 $947,575 $947,575 $947,575 Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS $3,321,803 State General Funds $3,321,803 TOTAL PUBLIC FUNDS $3,321,803 Continuation Budget $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 137.1 Transfer funds from the Central Office program to the Information Technology Services program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $10,143,927 $101,170 $10,245,097 $10,143,927 $101,170 $10,245,097 $10,143,927 $101,170 $10,245,097 137.2 Increase funds for information technology for critical infrastructure upgrades in Internal Technology. State General Funds $1,683,217 $1,683,217 $1,683,217 137.3 Increase funds for personnel for four positions on the Longitudinal Data System Training Team. State General Funds $435,091 $435,091 $435,091 137.4 Increase funds for training and operations in Data Collections. State General Funds $42,500 $42,500 $42,500 137.5 Increase funds for personnel for three positions in Data Collections. State General Funds $400,846 $400,846 $400,846 137.100 -Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS $16,027,384 State General Funds $16,027,384 TOTAL FEDERAL FUNDS $101,170 Federal Funds Not Itemized $101,170 TOTAL PUBLIC FUNDS $16,128,554 Appropriation (HB 106) $16,027,384 $16,027,384 $101,170 $101,170 $16,128,554 $16,027,384 $16,027,384 $101,170 $101,170 $16,128,554 FRIDAY, MARCH 22, 2013 2239 Non Quality Basic Education Formula Grants Continuation Budget The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 138.1 Eliminate funds for Sparsity Grants and transfer savings from the Non Quality Basic Education Formula Grants program to the Quality Basic Education Program. (H and S:Direct the Department of Education to study and evaluate the need for a Sparsity Grant program) State General Funds ($2,631,275) $0 $0 138.2 Increase funds for a revised allocation methodology that provides special education funding to all students served in Residential Treatment Facilities and provide a midterm adjustment in Amended FY2014 for enrollment and programmatic changes for Devereux Ackerman Academy and Murphy-Harpst Academy. State General Funds $291,361 $0 138.98 Change the name of the Non Quality Basic Education Formula Grants program to the Residential Treatment Facilities program. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 138.99 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. Gov Rev: The purpose of this appropriation is to fund the increased cost to educate children placed in residential treatment facilities. State General Funds $0 $0 $0 138.100 -Non Quality Basic Education Formula Grants Appropriation (HB 106) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $3,831,393 $6,754,029 $6,462,668 2240 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $3,831,393 $3,831,393 $6,754,029 $6,754,029 $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 $22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435 $22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435 $22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435 139.1 Reduce funds to the Nutrition program by not reimbursing sick days paid for managers and non-managers through the state nutrition formula. (H:Reduce funds for the school lunch program) State General Funds ($1,306,720) ($677,796) $0 139.2 Transfer funds from the Central Office program to the Nutrition program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $254,090 $8,887,616 $9,141,706 $254,090 $8,887,616 $9,141,706 $254,090 $8,887,616 $9,141,706 139.100 -Nutrition Appropriation (HB 106) 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 $21,540,593 $22,169,517 $22,847,313 State General Funds $21,540,593 $22,169,517 $22,847,313 TOTAL FEDERAL FUNDS $583,775,828 $583,775,828 $583,775,828 Federal Funds Not Itemized $583,775,828 $583,775,828 $583,775,828 TOTAL PUBLIC FUNDS $605,316,421 $605,945,345 $606,623,141 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. FRIDAY, MARCH 22, 2013 2241 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 140.1 Increase funds for enrollment growth. State General Funds $763,969 $763,969 $763,969 140.100 -Preschool Handicapped Appropriation (HB 106) The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. TOTAL STATE FUNDS $29,176,324 $29,176,324 $29,176,324 State General Funds $29,176,324 $29,176,324 $29,176,324 TOTAL PUBLIC FUNDS $29,176,324 $29,176,324 $29,176,324 Quality Basic Education Equalization Continuation Budget 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 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 $436,158,587 141.1 Increase funds for the Equalization Grant to fully fund the formula as set in HB824 (2012 Session). State General Funds $40,964,947 $38,275,147 $38,275,147 141.100 -Quality Basic Education Equalization Appropriation (HB 106) 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 $477,123,534 $474,433,734 $474,433,734 State General Funds $477,123,534 $474,433,734 $474,433,734 TOTAL PUBLIC FUNDS $477,123,534 $474,433,734 $474,433,734 2242 JOURNAL OF THE SENATE 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) 142.1 Reduce funds for the Local Five Mill Fair Share. (H and S:Adjust funds for the Local Five Mill Share) State General Funds ($5,370,665) ($5,288,314) ($5,288,314) 142.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 106) 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 ($1,702,875,395) ($1,702,793,044) ($1,702,793,044) State General Funds ($1,702,875,395) ($1,702,793,044) ($1,702,793,044) TOTAL PUBLIC FUNDS ($1,702,875,395) ($1,702,793,044) ($1,702,793,044) 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 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 143.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $56,442,133 $56,135,736 $56,135,736 143.2 Reduce funds for School Counselors based on recommendations by the State Education Finance Study Commission. State General Funds ($898,952) ($854,439) ($854,439) 143.3 Increase funds for School Nurses based on recommendations by the State Education Finance Study Commission. State General Funds $2,577,745 $3,167,313 $2,577,745 FRIDAY, MARCH 22, 2013 2243 143.4 Increase funds for Professional Development based on recommendations by the State Education Finance Study Commission. State General Funds $759,393 $759,393 $759,393 143.5 Increase funds to hold harmless Central Operation Redirect to Classroom Technology based on recommendations by the State Education Finance Study Commission. State General Funds $183,574 $183,533 $183,533 143.6 Increase funds to cover 1.36% enrollment growth and training and experience. State General Funds $147,352,939 $146,583,599 $146,583,599 143.7 Increase funds for the Quality Basic Education Program by transferring savings from Sparsity Grants from the Non Quality Basic Education Formula Grants program. State General Funds $2,631,275 $0 $0 143.8 Transfer funds in current formula earnings in central administration operations to classroom technology and increase the per FTE earnings from $15.39 to $16.15 based on recommendations by the State Education Finance Study Commission and fund with savings from the redirection of Education Technology Center funding into the Quality Basic Education Program. (H and S:NO; redirect $15.39/FTE from central operations administration to classroom technology as recommended by the State Education Finance Study Commission) State General Funds $1,276,493 $0 $0 143.9 Increase funds to meet projected need for Special Needs Scholarships. State General Funds $778,118 $52,247 $52,247 143.10 Increase funds to provide differentiated pay for newly certified math and science teachers. (H and S:Adjust funds for differentiated pay for newly certified math and science teachers and reflect adjusted benefit rate due to the transition from calculating health insurance as a percent of payroll to per member per month rate) State General Funds $2,574 ($1,996,524) ($1,996,524) 143.11 Increase funds for grants to charter systems that are within their initial contract per HB283 (2013 Session). (S:Increase funds for charter system per OCGA 20-2-165.1, reflected in HB283 (2013 session)) State General Funds $1,391,678 $7,199,479 143.12 Reflect the full health insurance earnings in QBE for SHBP by increasing the per member, per month billings for certificated school service personnel from $912.34 to $1,016.39 to mitigate a mid-year employer rate increase for health benefits. (H:YES)(S:NO) State General Funds $0 $0 2244 JOURNAL OF THE SENATE 143.13 Transfer funds from the Quality Basic Education program to the new Quality Basic Education Teacher Health Insurance program for health insurance of certified employees. State General Funds ($1,102,878,079) 143.100 -Quality Basic Education Program Appropriation (HB 106) 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 $8,394,117,329 $8,388,434,573 $7,290,774,727 State General Funds $8,394,117,329 $8,388,434,573 $7,290,774,727 TOTAL PUBLIC FUNDS $8,394,117,329 $8,388,434,573 $7,290,774,727 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 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 144.1 Reduce funds for operations. State General Funds ($205,995) ($85,108) ($85,108) 144.2 Reduce funds for Education Technology Center from the Regional Education Agencies program and transfer savings for classroom technology in the Quality Basic Education Program. State General Funds ($1,279,927) $0 $0 144.100 -Regional Education Service Agencies Appropriation (HB 106) 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 $7,024,890 $8,425,704 $8,425,704 State General Funds $7,024,890 $8,425,704 $8,425,704 TOTAL PUBLIC FUNDS $7,024,890 $8,425,704 $8,425,704 FRIDAY, MARCH 22, 2013 2245 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 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 $5,199,064 145.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $68,967 $68,967 $68,967 145.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $10,297 $10,297 $10,297 145.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $58 $58 $58 145.4 Transfer funds from the Central Office program to the School Improvement program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $679,446 $7,759,750 $8,439,196 $679,446 $7,759,750 $8,439,196 $679,446 $7,759,750 $8,439,196 145.100 -School Improvement Appropriation (HB 106) 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,957,832 $5,957,832 $7,759,750 $7,759,750 $13,717,582 $5,957,832 $5,957,832 $7,759,750 $7,759,750 $13,717,582 $5,957,832 $5,957,832 $7,759,750 $7,759,750 $13,717,582 2246 JOURNAL OF THE SENATE 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 $62,113,005 $62,113,005 $7,908,992 $7,908,992 $70,021,997 $62,113,005 $62,113,005 $7,908,992 $7,908,992 $70,021,997 $62,113,005 $62,113,005 $7,908,992 $7,908,992 $70,021,997 146.1 Reduce funds based on declining enrollment. State General Funds ($2,009,258) ($2,009,258) ($2,009,258) 146.100 -Severely Emotionally Disturbed Appropriation (HB 106) 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 $60,103,747 $60,103,747 $60,103,747 State General Funds $60,103,747 $60,103,747 $60,103,747 TOTAL FEDERAL FUNDS $7,908,992 $7,908,992 $7,908,992 Federal Funds Not Itemized $7,908,992 $7,908,992 $7,908,992 TOTAL PUBLIC FUNDS $68,012,739 $68,012,739 $68,012,739 State Charter School Commission Administration Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 147.1 Utilize revenue from State Chartered Special Schools to fund personnel and operations. (G:YES)(H:YES)(S:YES) Sales and Services Not Itemized $519,775 147.99 SAC: The purpose of this appropriation is to focus on 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. FRIDAY, MARCH 22, 2013 2247 House: The purpose of this appropriation is to focus on 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. Gov Rev: The purpose of this appropriation is to focus on 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. State General Funds $0 $0 $0 147.100 -State Charter School Commission Administration Appropriation (HB 106) The purpose of this appropriation is to focus on 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. TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $519,775 $519,775 $519,775 $0 $0 $519,775 State Interagency Transfers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305 $8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305 $8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305 148.1 Reduce funds for the transfer to Teachers' Retirement System of Georgia to reflect projected expenditures. State General Funds ($400,000) ($400,000) ($400,000) 148.100 -State Interagency Transfers Appropriation (HB 106) 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. 2248 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,097,963 $8,097,963 $3,958,342 $3,958,342 $12,056,305 $8,097,963 $8,097,963 $3,958,342 $3,958,342 $12,056,305 $8,097,963 $8,097,963 $3,958,342 $3,958,342 $12,056,305 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 $24,244,124 $24,244,124 $24,244,124 State General Funds $24,244,124 $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 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 $25,667,246 $25,667,246 $25,667,246 149.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $318,638 $318,638 $318,638 149.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $18,813 $18,813 $18,813 149.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,559 $1,559 $1,559 149.4 Increase funds for training and experience. State General Funds $412,552 $412,552 149.100 -State Schools Appropriation (HB 106) 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. FRIDAY, MARCH 22, 2013 2249 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 $24,583,134 $24,583,134 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $26,006,256 $24,995,686 $24,995,686 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $26,418,808 $24,995,686 $24,995,686 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $26,418,808 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 $14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075 $14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075 $14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075 150.1 Reduce funds for the Extended Day/Year program. State General Funds ($421,775) $0 $0 150.2 Transfer funds from the Central Office program to the Technology/Career Education program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $1,602,864 $79,056 $1,681,920 $1,602,864 $79,056 $1,681,920 $1,602,864 $79,056 $1,681,920 150.3 Reduce funds. State General Funds ($210,887) ($210,887) 150.4 Transfer funds from the Technology/Career Education program to the Agricultural Education program. State General Funds ($124,318) 2250 JOURNAL OF THE SENATE 150.100 -Technology/Career Education Appropriation (HB 106) 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 $15,240,241 $15,451,129 $15,326,811 State General Funds $15,240,241 $15,451,129 $15,326,811 TOTAL FEDERAL FUNDS $16,091,979 $16,091,979 $16,091,979 Federal Funds Not Itemized $16,091,979 $16,091,979 $16,091,979 TOTAL PUBLIC FUNDS $31,332,220 $31,543,108 $31,418,790 Testing Continuation Budget The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066 $13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066 $13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066 151.1 Transfer funds from the Central Office program to the Testing program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $1,974,995 $3,748,556 $5,723,551 $1,974,995 $3,748,556 $5,723,551 $1,974,995 $3,748,556 $5,723,551 151.100 -Testing Appropriation (HB 106) 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 $15,454,204 $15,454,204 $15,454,204 State General Funds $15,454,204 $15,454,204 $15,454,204 TOTAL FEDERAL FUNDS $14,139,413 $14,139,413 $14,139,413 Federal Funds Not Itemized $14,139,413 $14,139,413 $14,139,413 TOTAL PUBLIC FUNDS $29,593,617 $29,593,617 $29,593,617 FRIDAY, MARCH 22, 2013 2251 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 $1,551,946 152.100 -Tuition for Multi-Handicapped Appropriation (HB 106) 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 Quality Basic Education Teacher Health Insurance Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 363.1 Transfer funds from the Quality Basic Education (QBE) program to the Quality Basic Education Teacher Health Insurance program to recognize the state fund portion of the employer share of earned certificated employees in the QBE program. State General Funds $1,102,878,079 363.99 SAC: The purpose of this appropriation is to provide the employer share of the healthcare benefit for certificated school employees that generate earnings in the Quality Basic Education Program, a rate of which is established by the Department of Community Health on a per member per month basis which shall be billed to local educational agencies. State General Funds $0 363.100 -Quality Basic Education Teacher Health Insurance Appropriation (HB 106) The purpose of this appropriation is to provide the employer share of the healthcare benefit for certificated school employees that generate earnings in the Quality Basic Education Program, a rate of which is established by the Department of Community Health on a per member per month basis which shall be billed to local educational agencies. TOTAL STATE FUNDS $1,102,878,079 State General Funds $1,102,878,079 TOTAL PUBLIC FUNDS $1,102,878,079 2252 JOURNAL OF THE SENATE Business and Finance Administration Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 364.1 Transfer funds and administrative staff from the Central Office program and create a new "Business and Finance Administration" program. (Total Funds: $7,393,641)(G:YES)(H:YES)(S:YES) State General Funds Reserved Fund Balances Not Itemized Federal Funds Not Itemized Total Public Funds: $7,106,636 $149,115 $137,890 $7,393,641 $7,106,636 $149,115 $137,890 $7,393,641 $7,106,636 $149,115 $137,890 $7,393,641 364.99 SAC: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. House: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. Gov Rev: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. State General Funds $0 $0 364.100 -Business and Finance Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. TOTAL STATE FUNDS $7,106,636 $7,106,636 $7,106,636 State General Funds $7,106,636 $7,106,636 $7,106,636 TOTAL FEDERAL FUNDS $137,890 $137,890 $137,890 Federal Funds Not Itemized $137,890 $137,890 $137,890 TOTAL AGENCY FUNDS $149,115 $149,115 $149,115 Reserved Fund Balances $149,115 $149,115 $149,115 Reserved Fund Balances Not Itemized $149,115 $149,115 $149,115 TOTAL PUBLIC FUNDS $7,393,641 $7,393,641 $7,393,641 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,430.57. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. FRIDAY, MARCH 22, 2013 2253 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 $26,432,022 $26,432,022 $26,432,022 $26,432,022 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $48,153,922 $48,153,922 $26,432,022 $26,432,022 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922 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 $29,051,720 $29,051,720 $3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $51,367,538 $29,051,720 $29,051,720 $3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $51,367,538 $29,051,720 $29,051,720 $3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $51,367,538 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 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813 2254 JOURNAL OF THE SENATE 153.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Sales and Services Not Itemized $4,922 $4,922 153.2 Increase funds for contracts. Sales and Services Not Itemized $253,000 $253,000 $4,922 $253,000 153.100 -Deferred Compensation Appropriation (HB 106) 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 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 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 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 154.1 Increase funds for the annual required contribution in accordance with the most recent actuarial evaluation. State General Funds $188,698 $188,698 $188,698 154.100 -Georgia Military Pension Fund Appropriation (HB 106) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,891,720 $1,891,720 $1,891,720 State General Funds $1,891,720 $1,891,720 $1,891,720 TOTAL PUBLIC FUNDS $1,891,720 $1,891,720 $1,891,720 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. FRIDAY, MARCH 22, 2013 2255 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 155.1 Increase funds for the annual required contribution in accordance with the most recent actuarial evaluation. State General Funds $2,431,000 $2,431,000 $2,431,000 155.100 -Public School Employees Retirement System Appropriation (HB 106) 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 $27,160,000 $27,160,000 $27,160,000 State General Funds $27,160,000 $27,160,000 $27,160,000 TOTAL PUBLIC FUNDS $27,160,000 $27,160,000 $27,160,000 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 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087 156.1 Reduce funds for personnel. Retirement Payments ($1,878) ($1,878) 156.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Retirement Payments $182,874 $182,874 156.3 Increase funds for contracts. Retirement Payments $155,000 $155,000 ($1,878) $182,874 $155,000 2256 JOURNAL OF THE SENATE 156.100 -System Administration Appropriation (HB 106) 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 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 18.46% for New Plan employees and 13.71% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 15.18% 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 $692.00 per member for State Fiscal Year 2014. 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 Section Total - Continuation $30,440,883 $30,440,883 $30,440,883 $30,440,883 $5,994,473 $5,994,473 $5,994,473 $5,994,473 $6,833,695 $6,833,695 $125,000 $125,000 $125,000 $125,000 $33,000 $33,000 $33,000 $33,000 $6,675,695 $6,675,695 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $43,319,051 $43,319,051 $30,440,883 $30,440,883 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,319,051 FRIDAY, MARCH 22, 2013 2257 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 Section Total - Final $30,072,551 $30,072,551 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,950,719 $30,519,203 $30,519,203 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,397,371 $30,429,203 $30,429,203 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,307,371 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 $3,371,335 $3,371,335 $48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423 $3,371,335 $3,371,335 $48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423 $3,371,335 $3,371,335 $48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423 157.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $44,491 $44,491 157.2 Increase funds to reflect an adjustment in telecommunications expenses. $44,491 2258 JOURNAL OF THE SENATE State General Funds 157.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds 157.4 Reduce funds for personnel to reflect projected expenditures. State General Funds $3,467 $7,618 ($78,648) $3,467 $7,618 ($78,648) $3,467 $7,618 ($78,648) 157.100 -Commission Administration Appropriation (HB 106) 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 $3,348,263 $3,348,263 $3,348,263 State General Funds $3,348,263 $3,348,263 $3,348,263 TOTAL FEDERAL FUNDS $48,800 $48,800 $48,800 Federal Funds Not Itemized $48,800 $48,800 $48,800 TOTAL AGENCY FUNDS $76,288 $76,288 $76,288 Sales and Services $76,288 $76,288 $76,288 Sales and Services Not Itemized $76,288 $76,288 $76,288 TOTAL PUBLIC FUNDS $3,473,351 $3,473,351 $3,473,351 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 $2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 FRIDAY, MARCH 22, 2013 2259 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176 $902,732 $902,732 $50,000 $50,000 $50,000 $6,775,176 158.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $81,767 $81,767 158.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $812 $812 $81,767 $812 158.100 -Forest Management Appropriation (HB 106) 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 $2,214,748 $2,214,748 $2,214,748 State General Funds $2,214,748 $2,214,748 $2,214,748 TOTAL FEDERAL FUNDS $3,565,275 $3,565,275 $3,565,275 Federal Funds Not Itemized $3,565,275 $3,565,275 $3,565,275 TOTAL AGENCY FUNDS $1,027,732 $1,027,732 $1,027,732 Intergovernmental Transfers $125,000 $125,000 $125,000 Intergovernmental Transfers Not Itemized $125,000 $125,000 $125,000 Sales and Services $902,732 $902,732 $902,732 Sales and Services Not Itemized $902,732 $902,732 $902,732 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 $6,857,755 $6,857,755 $6,857,755 2260 JOURNAL OF THE SENATE 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 $24,937,379 $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 $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 $24,937,379 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $31,840,372 159.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $399,070 $399,070 159.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $7,669 $7,669 159.3 Reduce funds for operations. State General Funds ($121,273) ($31,273) 159.4 Reduce funds for firefighter personnel. State General Funds ($379,297) ($22,645) 159.5 Reduce funds for support personnel. State General Funds ($115,683) ($115,683) 159.6 Reduce funds for chief ranger personnel. State General Funds ($218,325) ($218,325) $399,070 $7,669 ($121,273) ($22,645) ($115,683) ($218,325) FRIDAY, MARCH 22, 2013 2261 159.100 -Forest Protection Appropriation (HB 106) 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 $24,509,540 $24,956,192 $24,866,192 State General Funds $24,509,540 $24,956,192 $24,866,192 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 $31,412,533 $31,859,185 $31,769,185 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 $1,207,080 160.100 -Tree Seedling Nursery Appropriation (HB 106) 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. 2262 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 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 $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 Total - Continuation $57,604,463 $57,604,463 $57,604,463 $57,604,463 $112,177,734 $112,177,734 $108,363,384 $108,363,384 $3,814,350 $3,814,350 $2,175,809 $2,175,809 $500,000 $500,000 $500,000 $500,000 $100,000 $100,000 $100,000 $100,000 $747,064 $747,064 $747,064 $747,064 $661,056 $661,056 $661,056 $661,056 $167,689 $167,689 $167,689 $167,689 $147,325 $147,325 $147,325 $147,325 $147,325 $147,325 $172,105,331 $172,105,331 $57,604,463 $57,604,463 $112,177,734 $108,363,384 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,105,331 Section Total - Final $55,707,072 $55,707,072 $49,133,353 $49,133,353 $50,922,406 $50,922,406 FRIDAY, MARCH 22, 2013 2263 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 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 $112,378,204 $108,363,384 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $170,408,410 $112,378,204 $108,363,384 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $163,834,691 $112,378,204 $108,363,384 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $165,623,744 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 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 161.1 Reduce funds for the Unemployment Trust Fund loan interest payment from $19,108,685 to $12,331,991 to reflect the actual need for the interest payment due September 30, 2013. State General Funds ($6,776,694) ($6,776,694) ($6,776,694) 161.100 -Governor's Emergency Fund Appropriation (HB 106) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. 2264 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $15,801,567 $15,801,567 $15,801,567 $15,801,567 $15,801,567 $15,801,567 $15,801,567 $15,801,567 $15,801,567 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 $5,987,885 $5,987,885 $100,000 $100,000 $100,000 $6,087,885 $5,987,885 $5,987,885 $100,000 $100,000 $100,000 $6,087,885 $5,987,885 $5,987,885 $100,000 $100,000 $100,000 $6,087,885 162.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $105,412 $105,412 162.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $25,673 $25,673 162.3 Reduce funds for operations. State General Funds ($179,637) ($179,637) $105,412 $25,673 ($179,637) 162.100 -Governor's Office Appropriation (HB 106) 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 $5,939,333 $5,939,333 $5,939,333 State General Funds $5,939,333 $5,939,333 $5,939,333 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 FRIDAY, MARCH 22, 2013 2265 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $100,000 $6,039,333 $100,000 $6,039,333 $100,000 $6,039,333 Planning and Budget, Governor's Office of Continuation Budget The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 163.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $117,121 $117,121 163.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($43,863) ($43,863) 163.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $6,823 $6,823 163.4 Reduce funds for operations. State General Funds ($228,808) ($228,808) 163.5 Reduce funds for the American Indian Council Contract. State General Funds ($12,500) ($12,500) $117,121 ($43,863) $6,823 ($228,808) ($12,500) 163.100 -Planning and Budget, Governor's Office of Appropriation (HB 106) 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 $7,882,384 $7,882,384 $7,882,384 State General Funds $7,882,384 $7,882,384 $7,882,384 TOTAL PUBLIC FUNDS $7,882,384 $7,882,384 $7,882,384 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. 2266 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 $841,704 $841,704 $89,558 $89,558 $25 $25 $25 $931,287 $841,704 $841,704 $89,558 $89,558 $25 $25 $25 $931,287 $841,704 $841,704 $89,558 $89,558 $25 $25 $25 $931,287 164.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $15,919 $15,919 164.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,833 $1,833 164.3 Reduce funds for operations. State General Funds ($14,251) ($14,251) 164.4 Reduce funds for information technology. State General Funds ($2,000) ($2,000) 164.5 Reduce funds for contracts. State General Funds ($9,000) ($9,000) 164.6 Reduce funds for personnel. State General Funds ($11,463) ($11,463) $15,919 $1,833 ($14,251) ($2,000) ($9,000) ($11,463) 164.100 -Child Advocate, Office of the Appropriation (HB 106) 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 $822,742 $822,742 $822,742 State General Funds $822,742 $822,742 $822,742 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 FRIDAY, MARCH 22, 2013 2267 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25 $25 $912,325 $25 $25 $912,325 $25 $25 $912,325 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 PUBLIC FUNDS $2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668 $2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668 $2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668 165.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $7,515 $7,515 $7,515 165.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $38,824 $38,824 $38,824 165.3 Increase funds to provide for the creation of community based Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders. (H and S:NO; Reflect community based Juvenile Incentive Funding Grant program in the Criminal Justice Coordinating Council) State General Funds $5,000,000 $0 $0 165.4 Reduce funds for implementing new Community Strategy grants. State General Funds ($87,182) ($87,182) ($87,182) 165.5 Recognize an Executive Order creating the Juvenile Court Incentive Granting Committee of the Governor's Office of Children and Families. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 165.6 Recognize funds for sexual assault centers. (H:YES)(S:YES) Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 2268 JOURNAL OF THE SENATE 165.7 Reduce funds to reflect the completion of the final year of funding for community based grants. State General Funds ($1,852,719) $0 165.8 Continue the use of $240,000 for the Child Advocacy Centers of Georgia to ensure maximum federal grant funding, quality assurance, and center support. (H:YES)(S:It is the intent of the General Assembly that the Governor's Office for Children and Families utilize no more than $175,000 for the Child Advocacy Centers of Georgia administration and oversight to ensure maximum federal grant funding, quality assurance, and center support) State General Funds $0 $0 165.9 The Governor's Office of Children and Families shall present a plan to the General Assembly by July 1, 2013 to convert grants issued to an updated funding formula that will be phased in incrementally over a three year period. (H:YES)(S:It is the intent of the General Assembly that the Governor's Office for Children and Families shall present a plan to the General Assembly by July 1, 2013 to convert to an updated funding formula that will be phased in incrementally over a three year period and to quantify the impact of such formula change on local job loss or gain and on the number of clients served) State General Funds $0 $0 165.10 Transfer funds from the Department of Human Services Administration program for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to shelters. (S:Transfer funds from the Department of Human Services Administration program to the Governor's Office for Children and Families for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to domestic violence shelters and sexual assault centers) State General Funds $279,000 $279,000 165.11 No grants distributed through this office shall be financially penalized for administrative errors without a 30-day grace period and adequate communication of such error. (H:YES)(S:It is the intent of the General Assembly that no grants or applications for grants distributed through this office shall be financially penalized for administrative errors without a 30-day grace period and adequate communication of such error) State General Funds $0 $0 165.12 It is the intent of the General Assembly that the Governor's Office for Children and Families shall administer FY2014 grants to domestic violence shelters based on the allocation formula and indirect costs classification utilized for these grants in FY2013. (S:YES) State General Funds $0 FRIDAY, MARCH 22, 2013 2269 165.100 -Children and Families, Governor's Office for Appropriation (HB 106) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $7,865,229 $1,291,510 $3,144,229 State General Funds $7,865,229 $1,291,510 $3,144,229 TOTAL FEDERAL FUNDS $8,416,066 $8,416,066 $8,416,066 Federal Funds Not Itemized $4,401,246 $4,401,246 $4,401,246 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 FFIND Temp. Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 $3,814,350 TOTAL PUBLIC FUNDS $16,281,295 $9,707,576 $11,560,295 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 $2,108,027 $2,108,027 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 $2,108,027 $2,108,027 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 $2,108,027 $2,108,027 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 166.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,637 $25,637 $25,637 2270 JOURNAL OF THE SENATE 166.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 166.3 Reduce funds for personnel and eliminate one position. State General Funds 166.4 Reduce funds for communications. State General Funds 166.5 Reduce funds for the Civil Air Patrol contract. State General Funds $19,934 ($45,227) ($1,851) ($16,163) $19,934 ($45,227) ($1,851) ($16,163) $19,934 ($45,227) ($1,851) ($16,163) 166.100 -Emergency Management Agency, Georgia Appropriation (HB 106) 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 $2,090,357 $2,090,357 $2,090,357 State General Funds $2,090,357 $2,090,357 $2,090,357 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 $32,601,395 $32,601,395 $32,601,395 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. FRIDAY, MARCH 22, 2013 2271 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $473,461 $473,461 $395,550 $395,550 $869,011 $473,461 $473,461 $395,550 $395,550 $869,011 $473,461 $473,461 $395,550 $395,550 $869,011 167.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $10,989 $10,989 167.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($604) ($604) 167.3 Increase funds to replace the loss of federal funds. State General Funds $169,751 $169,751 $10,989 ($604) $169,751 167.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 106) 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 $653,597 $653,597 $653,597 State General Funds $653,597 $653,597 $653,597 TOTAL FEDERAL FUNDS $395,550 $395,550 $395,550 Federal Funds Not Itemized $395,550 $395,550 $395,550 TOTAL PUBLIC FUNDS $1,049,147 $1,049,147 $1,049,147 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 $5,954,848 $5,954,848 $411,930 $411,930 $500 $5,954,848 $5,954,848 $411,930 $411,930 $500 $5,954,848 $5,954,848 $411,930 $411,930 $500 2272 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500 $500 $6,367,278 $500 $500 $6,367,278 $500 $500 $6,367,278 168.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $99,644 $99,644 $99,644 168.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $130 $130 $130 168.3 Reduce funds for operations. State General Funds ($49,645) ($49,645) ($49,645) 168.4 Reduce funds for contracts. State General Funds ($71,000) ($71,000) ($71,000) 168.5 Reduce funds for information technology. State General Funds ($58,000) ($58,000) ($58,000) 168.6 Reduce funds for telecommunications. State General Funds ($3,214) ($3,214) ($3,214) 168.7 Increase funds for staff development to align professional learning with results in improved student achievement. (H and S:Increase funds to align professional learning with results in improved student achievement) State General Funds $250,000 $250,000 $250,000 168.100 -Professional Standards Commission, Georgia Appropriation (HB 106) The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. TOTAL STATE FUNDS $6,122,763 $6,122,763 $6,122,763 State General Funds $6,122,763 $6,122,763 $6,122,763 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 FRIDAY, MARCH 22, 2013 2273 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500 $6,535,193 $500 $6,535,193 $500 $6,535,193 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 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318 169.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $84,613 $84,613 $84,613 169.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($140,749) ($140,749) ($140,749) 169.3 Reduce funds for personnel and operations. State General Funds ($170,477) ($170,477) ($170,477) 169.4 Transfer funds from the Office of Consumer Protection to the Department of Administrative Services for Team Georgia personnel and operations. State General Funds ($350,000) ($350,000) ($350,000) 169.100 -Consumer Protection, Governor's Office of Appropriation (HB 106) 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 $5,105,952 $5,105,952 $5,105,952 2274 JOURNAL OF THE SENATE 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 $5,105,952 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $6,520,705 $5,105,952 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $6,520,705 $5,105,952 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $6,520,705 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 $73,361,918 $73,361,918 $73,361,918 $0 $0 $73,361,918 $73,361,918 $73,361,918 $0 $0 $73,361,918 $73,361,918 $73,361,918 170.1 Adjust funds. Federal Funds Not Itemized $0 170.100 -Governor's Office of Workforce Development Appropriation (HB 106) 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 $572,486 $572,486 $572,486 FRIDAY, MARCH 22, 2013 2275 State General Funds TOTAL PUBLIC FUNDS $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 171.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $10,688 $10,688 171.2 Reduce funds for personnel and operations. State General Funds ($17,175) ($17,175) $10,688 ($17,175) 171.100 -Office of the State Inspector General Appropriation (HB 106) 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 $565,999 $565,999 $565,999 State General Funds $565,999 $565,999 $565,999 TOTAL PUBLIC FUNDS $565,999 $565,999 $565,999 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 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 172.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $14,131 $14,131 $14,131 172.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $651 $651 $651 172.3 Reduce funds for contracts. State General Funds ($10,000) ($10,000) ($10,000) 172.4 Transfer funds from the Department of Education to the Office of Student Achievement Reading Mentors program for technology. 2276 JOURNAL OF THE SENATE State General Funds 172.5 Reduce funds for personnel. State General Funds $396,824 $396,824 $396,824 ($63,666) 172.100 -Student Achievement, Office of Appropriation (HB 106) 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 $2,857,149 $2,857,149 $2,793,483 State General Funds $2,857,149 $2,857,149 $2,793,483 TOTAL PUBLIC FUNDS $2,857,149 $2,857,149 $2,793,483 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. 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 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 Section Total - Continuation $491,702,876 $491,702,876 $485,511,070 $485,511,070 $6,191,806 $6,191,806 $995,762,671 $995,762,671 $398,350,627 $398,350,627 $1,308,661 $1,308,661 $10,191,339 $10,191,339 $15,977,927 $15,977,927 $73,127,428 $73,127,428 $51,766,614 $51,766,614 $60,527,005 $60,527,005 $53,771,331 $53,771,331 $491,702,876 $485,511,070 $6,191,806 $995,762,671 $398,350,627 $1,308,661 $10,191,339 $15,977,927 $73,127,428 $51,766,614 $60,527,005 $53,771,331 FRIDAY, MARCH 22, 2013 2277 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 TOTAL PUBLIC FUNDS $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,407,418 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,407,418 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,407,418 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 FFIND Child Care and 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 Section Total - Final $487,001,751 $480,809,945 $6,191,806 $994,563,420 $396,938,127 $1,308,661 $10,191,339 $15,977,927 $73,000,590 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $492,512,266 $486,320,460 $6,191,806 $995,541,406 $396,938,127 $1,308,661 $10,191,339 $15,977,927 $73,978,576 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $488,749,536 $482,557,730 $6,191,806 $995,052,413 $396,938,127 $0 $1,308,661 $0 $10,191,339 $15,977,927 $73,489,583 $51,766,614 $60,867,092 $53,771,331 $321,190,139 2278 JOURNAL OF THE SENATE 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 TOTAL PUBLIC FUNDS $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,550,507,042 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,995,543 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,552,743,820 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 $34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,753,710 $34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,753,710 $34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,753,710 173.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $35,648 $35,648 $35,648 FRIDAY, MARCH 22, 2013 2279 173.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds ($62,329) ($62,329) ($62,329) 173.100 -Adoption Services Appropriation (HB 106) 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 $34,230,598 $34,230,598 $34,230,598 State General Funds $34,230,598 $34,230,598 $34,230,598 TOTAL FEDERAL FUNDS $53,449,931 $53,449,931 $53,449,931 Federal Funds Not Itemized $37,049,931 $37,049,931 $37,049,931 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 $87,727,029 $87,727,029 $87,727,029 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 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $0 $0 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $0 $0 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 174.100 -After School Care Appropriation (HB 106) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. 2280 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 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 Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 175.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $8,023 $8,023 175.2 Reduce funds for personnel for one vacant surveyor position. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: ($47,461) ($19,151) ($66,612) ($47,461) ($19,151) ($66,612) $8,023 ($47,461) ($19,151) ($66,612) 175.100 -Child Care Licensing Appropriation (HB 106) 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 $1,542,554 $1,542,554 $1,542,554 State General Funds $1,542,554 $1,542,554 $1,542,554 TOTAL FEDERAL FUNDS $619,263 $619,263 $619,263 Foster Care Title IV-E CFDA93.658 $619,263 $619,263 $619,263 TOTAL PUBLIC FUNDS $2,161,817 $2,161,817 $2,161,817 FRIDAY, MARCH 22, 2013 2281 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 Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $0 $9,082,178 $9,082,178 $9,082,178 $0 $0 $9,082,178 $9,082,178 $9,082,178 $0 $0 $9,082,178 $9,082,178 $9,082,178 176.1 Transfer funds from the Department of Human Services Child Care Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source. Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Total Public Funds: ($9,082,178) $9,082,178 $0 176.100 -Child Care Services Appropriation (HB 106) 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 FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $0 $9,082,178 $9,082,178 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 $24,606,037 $24,606,037 $71,240,292 $71,120,292 $120,000 $2,841,500 $24,606,037 $24,606,037 $71,240,292 $71,120,292 $120,000 $2,841,500 $24,606,037 $24,606,037 $71,240,292 $71,120,292 $120,000 $2,841,500 2282 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 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 177.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $450,544 $450,544 177.2 Reduce funds for personnel for 35 vacant positions. State General Funds Federal Funds Not Itemized Total Public Funds: ($526,670) ($1,022,359) ($1,549,029) ($526,670) ($1,022,359) ($1,549,029) 177.3 Reduce funds for operations. State General Funds Federal Funds Not Itemized Total Public Funds: ($145,507) ($282,455) ($427,962) ($145,507) ($282,455) ($427,962) $450,544 ($526,670) ($1,022,359) ($1,549,029) ($145,507) ($282,455) ($427,962) 177.100 -Child Support Services Appropriation (HB 106) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $24,384,404 $24,384,404 $24,384,404 State General Funds $24,384,404 $24,384,404 $24,384,404 TOTAL FEDERAL FUNDS $69,935,478 $69,935,478 $69,935,478 Federal Funds Not Itemized $69,815,478 $69,815,478 $69,815,478 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 $97,557,142 $97,557,142 $97,557,142 FRIDAY, MARCH 22, 2013 2283 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 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 $92,366,911 $92,366,911 $148,169,258 $28,676,636 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $112,489 $112,489 $249,148,658 $92,366,911 $92,366,911 $148,169,258 $28,676,636 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $112,489 $112,489 $249,148,658 $92,366,911 $92,366,911 $148,169,258 $28,676,636 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $112,489 $112,489 $249,148,658 178.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,605,855 $1,605,855 $1,605,855 178.2 Reduce funds for the appropriation in line 178.101. Temporary Assistance for Needy Families Grant CFDA93.558 ($250,000) ($250,000) ($250,000) 178.3 Transfer funds from the Department of Human Services Child Welfare Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source. CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds: ($189,956) $189,956 $0 2284 JOURNAL OF THE SENATE 178.100 -Child Welfare Services Appropriation (HB 106) 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 $93,972,766 $93,972,766 $93,972,766 State General Funds $93,972,766 $93,972,766 $93,972,766 TOTAL FEDERAL FUNDS $147,919,258 $147,919,258 $147,919,258 Federal Funds Not Itemized $28,676,636 $28,676,636 $28,676,636 CCDF Mandatory & Matching Funds CFDA93.596 $189,956 $189,956 $0 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $189,956 Foster Care Title IV-E CFDA93.658 $29,203,771 $29,203,771 $29,203,771 Medical Assistance Program CFDA93.778 $159,050 $159,050 $159,050 Social Services Block Grant CFDA93.667 $9,089,845 $9,089,845 $9,089,845 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 $112,489 $112,489 $112,489 State Funds Transfers $112,489 $112,489 $112,489 Agency to Agency Contracts $112,489 $112,489 $112,489 TOTAL PUBLIC FUNDS $250,504,513 $250,504,513 $250,504,513 178.101 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 $15,884,951 $15,884,951 $15,884,951 $0 $0 $15,884,951 $15,884,951 $15,884,951 $0 $0 $15,884,951 $15,884,951 $15,884,951 FRIDAY, MARCH 22, 2013 2285 179.100 -Community Services Appropriation (HB 106) 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 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $37,586,501 $37,586,501 $47,368,168 $24,865,979 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 $37,586,501 $37,586,501 $47,368,168 $24,865,979 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 $37,586,501 $37,586,501 $47,368,168 $24,865,979 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 180.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $770,674 $770,674 180.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,618,034) ($4,618,034) $770,674 ($4,618,034) 2286 JOURNAL OF THE SENATE 180.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $23,043 $23,043 $23,043 180.4 Reduce funds for operations. State General Funds Federal Funds Not Itemized Total Public Funds: ($86,266) ($15,772) ($102,038) ($86,266) ($15,772) ($102,038) ($86,266) ($15,772) ($102,038) 180.5 Reduce funds for personnel. State General Funds ($339,543) ($339,543) ($339,543) 180.6 Reduce funds for information technology. State General Funds Federal Funds Not Itemized Total Public Funds: ($81,110) ($31,543) ($112,653) ($81,110) ($31,543) ($112,653) ($81,110) ($31,543) ($112,653) 180.7 Reduce funds for information technology contracts. State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Federal Funds Not Itemized Total Public Funds: ($717,450) ($107,687) ($110,950) ($60,371) ($996,458) ($717,450) ($107,687) ($110,950) ($60,371) ($996,458) ($717,450) ($107,687) ($110,950) ($60,371) ($996,458) 180.8 Reduce funds added in HB742 (2012 Session) for the Liberty County Division of Family and Children Services (DFCS) Office. State General Funds ($50,000) ($50,000) 180.9 Transfer funds to the Governor's Office of Children and Families for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to shelters. State General Funds ($279,000) ($279,000) 180.10 Transfer funds from the Department of Human Services Departmental Administration program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source. Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 FFIND Child Care and Development Block Grant CFDA93.575 FFIND CCDF Mandatory & Matching Funds CFDA93.596 ($209,161) ($1,118,705) $209,161 $1,118,705 FRIDAY, MARCH 22, 2013 2287 Total Public Funds: 180.11 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $0 ($141,406) 180.100 -Departmental Administration Appropriation (HB 106) 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 $32,537,815 $32,208,815 $32,067,409 State General Funds $32,537,815 $32,208,815 $32,067,409 TOTAL FEDERAL FUNDS $47,041,845 $47,041,845 $47,041,845 Federal Funds Not Itemized $24,758,293 $24,758,293 $24,758,293 CCDF Mandatory & Matching Funds CFDA93.596 $1,118,705 $1,118,705 $0 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $1,118,705 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $0 FFIND Child Care and Development Block Grant CFDA93.575 $209,161 Community Services Block Grant CFDA93.569 $92,976 $92,976 $92,976 Foster Care Title IV-E CFDA93.658 $5,590,134 $5,590,134 $5,590,134 Low-Income Home Energy Assistance CFDA93.568 $200,000 $200,000 $200,000 Medical Assistance Program CFDA93.778 $4,437,952 $4,437,952 $4,437,952 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 $94,867,727 $94,538,727 $94,397,321 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 $14,212,422 $14,212,422 $3,573,433 $14,212,422 $14,212,422 $3,573,433 $14,212,422 $14,212,422 $3,573,433 2288 JOURNAL OF THE SENATE Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $793,894 $500,000 $2,279,539 $17,785,855 $793,894 $500,000 $2,279,539 $17,785,855 $793,894 $500,000 $2,279,539 $17,785,855 181.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $270,163 $270,163 181.2 Reduce funds for personnel for 17 family service workers. (S:Reduce funds for personnel) State General Funds ($528,871) $0 $270,163 ($264,436) 181.100 -Elder Abuse Investigations and Prevention Appropriation (HB 106) The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS $13,953,714 $14,482,585 $14,218,149 State General Funds $13,953,714 $14,482,585 $14,218,149 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 $17,527,147 $18,056,018 $17,791,582 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 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $113,203,720 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $113,203,720 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $113,203,720 FRIDAY, MARCH 22, 2013 2289 182.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,113 $13,113 $13,113 182.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds ($144,298) ($144,298) ($144,298) 182.3 Transfer funds from the Elder Community Living Services program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program for the Center for the Visually Impaired contract. State General Funds ($177,859) ($177,859) ($177,859) 182.4 Replace funds. State General Funds Tobacco Settlement Funds Total Public Funds: ($1,117,929) $1,117,929 $0 ($1,117,929) $1,117,929 $0 ($1,117,929) $1,117,929 $0 182.5 Reduce funds for contracts. State General Funds ($484,559) $0 $0 182.100 -Elder Community Living Services Appropriation (HB 106) 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 $70,993,315 $71,477,874 $71,477,874 State General Funds $64,801,509 $65,286,068 $65,286,068 Tobacco Settlement Funds $6,191,806 $6,191,806 $6,191,806 TOTAL FEDERAL FUNDS $41,416,802 $41,416,802 $41,416,802 Federal Funds Not Itemized $23,890,113 $23,890,113 $23,890,113 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 $112,410,117 $112,894,676 $112,894,676 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. 2290 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517 $2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517 $2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517 183.1 Replace funds. State General Funds Tobacco Settlement Funds Total Public Funds: $1,117,929 ($1,117,929) $0 $1,117,929 ($1,117,929) $0 $1,117,929 ($1,117,929) $0 183.100 -Elder Support Services Appropriation (HB 106) 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 $2,854,249 $2,854,249 $2,854,249 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 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 PUBLIC FUNDS $0 $0 $51,201,001 $51,201,001 $51,201,001 $0 $0 $51,201,001 $51,201,001 $51,201,001 $0 $0 $51,201,001 $51,201,001 $51,201,001 184.100 -Energy Assistance Appropriation (HB 106) 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 PUBLIC FUNDS $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 FRIDAY, MARCH 22, 2013 2291 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 TOTAL PUBLIC FUNDS $11,802,450 $11,802,450 $2,083,044 $2,083,044 $13,885,494 $11,802,450 $11,802,450 $2,083,044 $2,083,044 $13,885,494 $11,802,450 $11,802,450 $2,083,044 $2,083,044 $13,885,494 185.100 -Family Violence Services Appropriation (HB 106) 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 $11,802,450 $11,802,450 $11,802,450 State General Funds $11,802,450 $11,802,450 $11,802,450 TOTAL FEDERAL FUNDS $2,083,044 $2,083,044 $2,083,044 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 TOTAL PUBLIC FUNDS $13,885,494 $13,885,494 $13,885,494 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 $103,489,119 $103,489,119 $126,313,967 $61,705,452 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $103,489,119 $103,489,119 $126,313,967 $61,705,452 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $103,489,119 $103,489,119 $126,313,967 $61,705,452 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 2292 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 186.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,894,009 $1,894,009 $1,894,009 186.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,102,665) ($1,102,665) ($1,102,665) 186.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $5,502 $5,502 $5,502 186.4 Transfer funds from the Department of Human Services Federal Eligibility Benefit Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source. Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Total Public Funds: ($900,000) $900,000 $0 186.5 Reduce funds to reflect savings in Electronic Benefit Transfer (EBT) transactions through efficiencies gained by the use of a new vendor. State General Funds ($1,000,000) 186.100 -Federal Eligibility Benefit Services Appropriation (HB 106) 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 $104,285,965 $104,285,965 $103,285,965 State General Funds $104,285,965 $104,285,965 $103,285,965 TOTAL FEDERAL FUNDS $126,313,967 $126,313,967 $126,313,967 Federal Funds Not Itemized $61,705,452 $61,705,452 $61,705,452 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $0 FRIDAY, MARCH 22, 2013 2293 FFIND Child Care and 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 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,834,096 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,834,096 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $239,834,096 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 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 187.100 -Federal Fund Transfers to Other Agencies Appropriation (HB 106) 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 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 2294 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 $67,637,113 $67,637,113 $126,528,773 $89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886 $67,637,113 $67,637,113 $126,528,773 $89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886 $67,637,113 $67,637,113 $126,528,773 $89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886 188.1 Reduce funds added in HB742 (2012 Session) for KidsPeace. State General Funds ($50,000) ($50,000) ($50,000) 188.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds ($65,349) ($65,349) ($65,349) 188.3 Increase funds to reflect a 3% rate adjustment among all Out-of-Home Care providers. (S:Increase funds to reflect a 1.5% rate adjustment among all Out-of-Home Care providers) State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $4,826,085 $977,986 $5,804,071 $2,413,043 $488,993 $2,902,036 188.100 -Out of Home Care Appropriation (HB 106) 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 $67,521,764 $72,347,849 $69,934,807 State General Funds $67,521,764 $72,347,849 $69,934,807 TOTAL FEDERAL FUNDS $126,528,773 $127,506,759 $127,017,766 Federal Funds Not Itemized $89,022 $89,022 $89,022 Foster Care Title IV-E CFDA93.658 $34,705,392 $35,683,378 $35,194,385 Temporary Assistance for Needy Families $91,734,359 $91,734,359 $91,734,359 FRIDAY, MARCH 22, 2013 2295 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $91,734,359 $91,734,359 $91,734,359 $194,050,537 $199,854,608 $196,952,573 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 $8,749,006 189.100 -Refugee Assistance Appropriation (HB 106) 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 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 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 190.100 -Support for Needy Families - Basic Assistance Appropriation (HB 106) 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. 2296 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 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $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 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 $0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 $0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 191.100 -Support for Needy Families - Work Assistance Appropriation (HB 106) 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 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. FRIDAY, MARCH 22, 2013 2297 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 192.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $6,099 $6,099 192.2 Reduce funds for personnel. State General Funds ($6,154) ($6,154) $205,127 $205,127 $205,127 $6,099 $0 192.100 -Council on Aging Appropriation (HB 106) 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 $205,072 $205,072 $211,226 State General Funds $205,072 $205,072 $211,226 TOTAL PUBLIC FUNDS $205,072 $205,072 $211,226 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 TOTAL PUBLIC FUNDS $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 193.1 Reduce funds for personnel for two vacant administrative positions. State General Funds 193.2 Replace funds. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($76,040) ($76,040) ($76,040) ($451,037) $451,037 $0 ($451,037) $451,037 $0 ($451,037) $451,037 $0 2298 JOURNAL OF THE SENATE 193.100 -Family Connection Appropriation (HB 106) The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $8,505,148 $8,505,148 $8,505,148 State General Funds $8,505,148 $8,505,148 $8,505,148 TOTAL FEDERAL FUNDS $1,172,819 $1,172,819 $1,172,819 Medical Assistance Program CFDA93.778 $1,172,819 $1,172,819 $1,172,819 TOTAL PUBLIC FUNDS $9,677,967 $9,677,967 $9,677,967 Georgia Vocational Rehabilitation Agency: 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 $267,655 $267,655 $2,311,624 $2,311,624 $2,579,279 $267,655 $267,655 $2,311,624 $2,311,624 $2,579,279 194.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $3,300 $3,300 $267,655 $267,655 $2,311,624 $2,311,624 $2,579,279 $3,300 194.100 -Georgia Vocational Rehabilitation Agency: Business Enterprise Program Appropriation (HB 106) 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 $270,955 $270,955 $2,311,624 $2,311,624 $2,582,579 $270,955 $270,955 $2,311,624 $2,311,624 $2,582,579 $270,955 $270,955 $2,311,624 $2,311,624 $2,582,579 Georgia Vocational Rehabilitation Agency: Departmental 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. FRIDAY, MARCH 22, 2013 2299 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937 $1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937 $1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937 195.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $14,842 $14,842 195.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,691 $2,691 195.3 Reduce funds for personnel. State General Funds ($102,985) ($102,985) $14,842 $2,691 ($102,985) 195.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration Appropriation (HB 106) 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 $1,316,074 $1,316,074 $1,316,074 State General Funds $1,316,074 $1,316,074 $1,316,074 TOTAL FEDERAL FUNDS $2,335,411 $2,335,411 $2,335,411 Federal Funds Not Itemized $2,335,411 $2,335,411 $2,335,411 TOTAL PUBLIC FUNDS $3,651,485 $3,651,485 $3,651,485 Georgia Vocational Rehabilitation Agency: Disability Adjudication Section 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 $0 $0 $55,598,820 $55,598,820 $55,598,820 $0 $0 $55,598,820 $55,598,820 $55,598,820 $0 $0 $55,598,820 $55,598,820 $55,598,820 2300 JOURNAL OF THE SENATE 196.100 -Georgia Vocational Rehabilitation Agency: Disability Adjudication Section Appropriation (HB 106) 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 $55,598,820 $55,598,820 $55,598,820 $55,598,820 Georgia Vocational Rehabilitation Agency: 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 $11,828,888 197.100 -Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind Appropriation (HB 106) 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 FRIDAY, MARCH 22, 2013 2301 Georgia Vocational Rehabilitation Agency: 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 PUBLIC FUNDS $5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429 $5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429 198.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $128,228 $128,228 198.2 Reduce funds for personnel. State General Funds ($338,350) ($338,350) 198.3 Reduce funds for operations. State General Funds ($165,000) ($165,000) $5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429 $128,228 ($338,350) ($165,000) 198.100 -Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute Appropriation (HB 106) 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 PUBLIC FUNDS $5,108,931 $5,108,931 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $30,991,307 $5,108,931 $5,108,931 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $30,991,307 $5,108,931 $5,108,931 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $30,991,307 2302 JOURNAL OF THE SENATE Georgia Vocational Rehabilitation Agency: 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 $13,031,299 $13,031,299 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 $13,031,299 $13,031,299 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 $13,031,299 $13,031,299 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 199.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $206,819 $206,819 $206,819 199.2 Transfer funds from the Elder Community Living Services program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program for the Center for the Visually Impaired contract. State General Funds $177,859 $177,859 $177,859 199.3 Utilize savings in personnel for client services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 199.4 Transfer Happy Hour Services from Authorization and Invoice contracts to Community Rehabilitation Provider contracts. (H:YES)(S:NO) State General Funds $0 $0 199.5 Increase funds for the Georgia Radio Reading Service. State General Funds $50,000 199.100 -Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $13,415,977 State General Funds $13,415,977 Appropriation (HB 106) $13,415,977 $13,415,977 $13,465,977 $13,465,977 FRIDAY, MARCH 22, 2013 2303 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,889,346 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,889,346 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,939,346 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 Section Total - Continuation $18,967,615 $18,967,615 $18,967,615 $18,967,615 $2,126,966 $2,126,966 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $15,426 $18,967,615 $18,967,615 $2,126,966 $2,126,966 $15,426 $15,426 2304 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $15,426 $81,806 $81,806 $81,806 $21,191,813 $15,426 $81,806 $81,806 $81,806 $21,191,813 $15,426 $81,806 $81,806 $81,806 $21,191,813 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 $19,325,958 $19,325,958 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,550,156 $19,325,958 $19,325,958 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,550,156 $19,325,958 $19,325,958 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,550,156 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 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 200.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $35,672 $35,672 200.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $9,926 $9,926 200.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. $35,672 $9,926 FRIDAY, MARCH 22, 2013 2305 State General Funds $2,201 $2,201 $2,201 200.100 -Departmental Administration Appropriation (HB 106) 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 $1,747,305 $1,747,305 $1,747,305 State General Funds $1,747,305 $1,747,305 $1,747,305 TOTAL PUBLIC FUNDS $1,747,305 $1,747,305 $1,747,305 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 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 201.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,337 $13,337 $13,337 201.100 -Enforcement Appropriation (HB 106) 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 $756,822 $756,822 $756,822 State General Funds $756,822 $756,822 $756,822 TOTAL PUBLIC FUNDS $756,822 $756,822 $756,822 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. 2306 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $7,403,077 $7,403,077 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 $7,403,077 $7,403,077 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 $7,403,077 $7,403,077 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 202.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $147,894 $147,894 202.2 Reduce funds for personnel. State General Funds ($239,261) ($239,261) 202.3 Eliminate funds for the Bureau of Labor Statistics contract. State General Funds ($140,000) ($140,000) 202.4 Reduce funds for operations. State General Funds ($8,332) ($8,332) 202.5 Eliminate funds for the Department of Labor contract for information technology. State General Funds ($112,188) ($112,188) 202.6 Reduce funds to align budget with program expenditures. State General Funds ($144,832) ($144,832) $147,894 ($239,261) ($140,000) ($8,332) ($112,188) ($144,832) 202.100 -Fire Safety Appropriation (HB 106) 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. FRIDAY, MARCH 22, 2013 2307 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 $6,906,358 $6,906,358 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,126,697 $6,906,358 $6,906,358 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,126,697 $6,906,358 $6,906,358 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,126,697 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 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 203.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $10,703 $10,703 $10,703 203.100 -Industrial Loan Appropriation (HB 106) 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 $656,703 $656,703 $656,703 State General Funds $656,703 $656,703 $656,703 TOTAL PUBLIC FUNDS $656,703 $656,703 $656,703 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 2308 JOURNAL OF THE SENATE 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 $5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694 $5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694 $5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694 204.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $106,841 $106,841 $106,841 204.100 -Insurance Regulation Appropriation (HB 106) 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 $5,144,676 $5,144,676 $1,003,859 $1,003,859 $6,148,535 $5,144,676 $5,144,676 $1,003,859 $1,003,859 $6,148,535 $5,144,676 $5,144,676 $1,003,859 $1,003,859 $6,148,535 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 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 205.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $76,382 $76,382 $76,382 FRIDAY, MARCH 22, 2013 2309 205.2 Increase funds to reflect increased assessments on insurance providers to provide for additional fraud detection coverage. State General Funds $600,000 $600,000 $600,000 205.100 -Special Fraud Appropriation (HB 106) 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 $4,114,094 $4,114,094 $4,114,094 $4,114,094 $4,114,094 $4,114,094 $4,114,094 $4,114,094 $4,114,094 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 TOTAL PUBLIC FUNDS Section Total - Continuation $80,216,268 $80,216,268 $80,216,268 $80,216,268 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $128,256,527 $128,256,527 $80,216,268 $80,216,268 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $128,256,527 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 $81,270,354 $81,270,354 $27,148,061 $27,148,061 $21,304,123 $21,304,123 $21,304,123 $129,722,538 $88,643,605 $88,643,605 $27,148,061 $27,148,061 $23,224,123 $23,224,123 $23,224,123 $139,015,789 $88,426,965 $88,426,965 $27,148,061 $27,148,061 $22,704,123 $22,704,123 $22,704,123 $138,279,149 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. 2310 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,275,139 $7,275,139 $30,000 $30,000 $7,305,139 $7,275,139 $7,275,139 $30,000 $30,000 $7,305,139 $7,275,139 $7,275,139 $30,000 $30,000 $7,305,139 206.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $77,831 $77,831 206.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $199,710 $199,710 206.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $11,890 $11,890 206.4 Reduce funds for contracts. State General Funds ($278,738) $0 206.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $77,831 $199,710 $11,890 $0 ($56,099) 206.100 -Bureau Administration Appropriation (HB 106) 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 $7,285,832 $7,564,570 $7,508,471 State General Funds $7,285,832 $7,564,570 $7,508,471 TOTAL FEDERAL FUNDS $30,000 $30,000 $30,000 Federal Funds Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $7,315,832 $7,594,570 $7,538,471 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. FRIDAY, MARCH 22, 2013 2311 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 $6,153,521 $6,153,521 $181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 $6,153,521 $6,153,521 $181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 207.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $111,187 $111,187 207.2 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: ($411,925) $411,925 $0 ($411,925) $411,925 $0 207.3 Replace funds for operations with additional anticipated revenues from fingerprint fees. State General Funds Sales and Services Not Itemized Total Public Funds: ($1,920,000) $1,920,000 $0 $6,153,521 $6,153,521 $181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 $111,187 ($411,925) $411,925 $0 ($1,400,000) $1,400,000 $0 207.100 -Criminal Justice Information Services Appropriation (HB 106) 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 $5,852,783 $3,932,783 $4,452,783 State General Funds $5,852,783 $3,932,783 $4,452,783 TOTAL FEDERAL FUNDS $181,425 $181,425 $181,425 Federal Funds Not Itemized $181,425 $181,425 $181,425 TOTAL AGENCY FUNDS $4,391,298 $6,311,298 $5,791,298 Sales and Services $4,391,298 $6,311,298 $5,791,298 Sales and Services Not Itemized $4,391,298 $6,311,298 $5,791,298 TOTAL PUBLIC FUNDS $10,425,506 $10,425,506 $10,425,506 2312 JOURNAL OF THE SENATE 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 $26,558,210 $26,558,210 $81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206 $26,558,210 $26,558,210 $81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206 $26,558,210 $26,558,210 $81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206 208.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $389,155 $389,155 $389,155 208.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $800,000 $800,000 $800,000 208.3 Increase funds for the second installment of the law enforcement career ladder within the Forensic Scientific Services program. (S:Increase funds for the second installment of the law enforcement career ladder within the Forensic Scientific Services program according to the plan agreed upon in FY2013) State General Funds $1,217,000 $1,045,000 208.4 Reduce funds for one-time funding for equipment. State General Funds ($70,000) ($70,000) 208.5 Increase funds to retain positions within the Chemistry Unit previously funded through federal grants. State General Funds $94,338 $94,338 208.100 -Forensic Scientific Services Appropriation (HB 106) 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, FRIDAY, MARCH 22, 2013 2313 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 $27,747,365 $28,988,703 $28,816,703 State General Funds $27,747,365 $28,988,703 $28,816,703 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 $27,986,361 $29,227,699 $29,055,699 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 $28,244,689 $28,244,689 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 $28,244,689 $28,244,689 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 $28,244,689 $28,244,689 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 209.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $533,698 $533,698 209.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $300,000 $300,000 209.3 Reduce funds for personnel and eliminate six administrative positions. (H:Reduce funds) State General Funds ($255,042) ($127,521) $533,698 $300,000 ($255,042) 2314 JOURNAL OF THE SENATE 209.4 Reduce funds for non-statutory travel. State General Funds ($120,726) ($60,363) ($120,726) 209.5 Reduce funds for telecommunications by eliminating landlines for staff employees who have business cell phones. State General Funds ($111,755) ($111,755) ($111,755) 209.6 Reduce funds for personnel in the communications center. State General Funds ($341,877) ($341,877) ($341,877) 209.7 Transfer seven positions from the Georgia Bureau of Investigation to the Department of Public Safety and enter into a Memorandum of Understanding for operational control activities. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 209.8 Increase funds for the second installment of the law enforcement career ladder within the Regional Investigative Services program. (S:Increase funds for the second installment of the law enforcement career ladder within the Regional Investigative Services program according to the plan agreed upon in FY2013) State General Funds $1,742,810 $1,390,000 209.9 Increase funds to retain positions within the Child Exploitation and Computer Crimes Unit previously funded with federal grants. State General Funds $132,568 $132,568 209.10 Increase funds to retain positions in the Regional Investigations Unit previously funded with federal grants. State General Funds $742,066 $742,066 209.100 -Regional Investigative Services Appropriation (HB 106) 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 $28,248,987 $31,054,315 $30,513,621 State General Funds $28,248,987 $31,054,315 $30,513,621 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 FRIDAY, MARCH 22, 2013 2315 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $204,682 $204,682 $29,694,552 $204,682 $204,682 $32,499,880 $204,682 $204,682 $31,959,186 Criminal Justice Coordinating Council Continuation Budget The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 $11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 $11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 210.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,056 $4,056 $4,056 210.2 Increase funds for Accountability Courts grant program support. State General Funds $157,153 $125,000 $157,153 210.3 Reduce funds for temporary labor contracts. State General Funds ($10,531) ($10,531) ($10,531) 210.4 Increase funds for the creation of community based Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders. State General Funds $5,000,000 $5,000,000 210.100 -Criminal Justice Coordinating Council Appropriation (HB 106) 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 $12,135,387 $17,103,234 $17,135,387 State General Funds $12,135,387 $17,103,234 $17,135,387 2316 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 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 Medical Assistance Program CFDA93.778 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 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,300,287 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $59,268,134 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $59,300,287 Section Total - Continuation $300,747,134 $300,747,134 $300,747,134 $300,747,134 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $5,265,842 $5,265,842 $1,531,226 $1,531,226 $351,158 $351,158 $3,383,458 $3,383,458 $307,619,016 $307,619,016 Section Total - Final $301,689,851 $301,689,851 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $300,965,540 $300,965,540 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $300,747,134 $300,747,134 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,619,016 $300,962,605 $300,962,605 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 FRIDAY, MARCH 22, 2013 2317 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $351,158 $3,383,458 $308,561,733 $351,158 $3,383,458 $307,837,422 $351,158 $3,383,458 $307,834,487 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 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 211.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $931,905 $931,905 $931,905 211.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($52,600) ($52,600) ($52,600) 211.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $9,428 $9,428 $9,428 211.4 Reduce funds for telecommunications by eliminating landlines for staff employees who have business cell phones. State General Funds ($161,568) ($161,568) ($161,568) 211.5 Reduce funds for contracts in low utilization programs and utilize funds for secure facilities support. State General Funds ($5,918,840) ($5,918,840) ($5,918,840) 211.6 Reduce funds for contracts by switching 114 non-secure detention monitoring slots not in independent court districts to active GPS monitoring. (H:Reduce funds for contracts by switching all non-secure detention monitoring slots to active GPS monitoring) State General Funds ($1,045,209) ($1,769,520) ($1,700,000) 2318 JOURNAL OF THE SENATE 211.99 SAC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. House: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. Gov Rev: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. State General Funds $0 $0 $0 211.100 -Community Services Appropriation (HB 106) 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. TOTAL STATE FUNDS $82,523,493 $81,799,182 $81,868,702 State General Funds $82,523,493 $81,799,182 $81,868,702 FRIDAY, MARCH 22, 2013 2319 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,724,638 $1,724,638 $1,373,480 $351,158 $84,248,131 $1,724,638 $1,724,638 $1,373,480 $351,158 $83,523,820 $1,724,638 $1,724,638 $1,373,480 $351,158 $83,593,340 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 $26,944,170 $26,944,170 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 $26,944,170 $26,944,170 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 $26,944,170 $26,944,170 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 212.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $310,096 $310,096 212.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($63,212) ($63,212) 212.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,864 $2,864 212.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $310,096 ($63,212) $2,864 ($72,455) 2320 JOURNAL OF THE SENATE 212.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in appropriate settings. TOTAL STATE FUNDS $27,193,918 $27,193,918 $27,121,463 State General Funds $27,193,918 $27,193,918 $27,121,463 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 $27,743,800 $27,743,800 $27,671,345 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 $81,513,332 $81,513,332 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891 $81,513,332 $81,513,332 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891 $81,513,332 $81,513,332 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891 213.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,141,462 $1,141,462 $1,141,462 FRIDAY, MARCH 22, 2013 2321 213.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($23,142) ($23,142) ($23,142) 213.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $8,758 $8,758 $8,758 213.4 Reduce funds for personnel for two recreation staff positions at Eastman Youth Development Campus (YDC). State General Funds ($79,149) ($79,149) ($79,149) 213.5 Reduce funds for operations related to education services. State General Funds ($537,709) ($537,709) ($537,709) 213.6 Increase funds for operations and personnel for 77 positions for a 30-bed YDC opening January 1, 2014. State General Funds $1,918,974 $1,918,974 $1,918,974 213.7 Redirect $4,493,720 in existing bond proceeds to construct a 30-bed YDC. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 213.100 -Secure Commitment (YDCs) Appropriation (HB 106) 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 $83,942,526 $83,942,526 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $86,610,085 $83,942,526 $83,942,526 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $86,610,085 $83,942,526 $83,942,526 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $86,610,085 2322 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 $103,529,255 $103,529,255 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $103,529,255 $103,529,255 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $103,529,255 $103,529,255 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 214.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,654,252 $1,654,252 $1,654,252 214.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($30,834) ($30,834) ($30,834) 214.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $10,984 $10,984 $10,984 214.4 Increase funds for operations and personnel for 107 positions at the Rockdale Regional Youth Detention Center (RYDC) opening July 1, 2013. State General Funds $2,866,257 $2,866,257 $2,866,257 214.100 -Secure Detention (RYDCs) Appropriation (HB 106) 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. FRIDAY, MARCH 22, 2013 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 Section 31: Labor, Department of 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 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 2323 $108,029,914 $108,029,914 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717 $108,029,914 $108,029,914 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717 $108,029,914 $108,029,914 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717 Section Total - Continuation $14,406,411 $14,406,411 $14,406,411 $14,406,411 $122,284,919 $122,284,919 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $136,831,603 $136,831,603 $14,406,411 $14,406,411 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,831,603 Section Total - Final $14,045,014 $14,045,014 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,470,206 $14,045,014 $14,045,014 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,470,206 $14,045,014 $14,045,014 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,470,206 2324 JOURNAL OF THE SENATE Department of Labor Administration Continuation Budget The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,818,382 $1,818,382 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,270,947 $1,818,382 $1,818,382 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,270,947 $1,818,382 $1,818,382 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,270,947 215.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $27,140 $27,140 215.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $683 $683 215.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $839 $839 215.4 Reduce funds for personnel and eliminate three filled positions. State General Funds ($254,956) ($254,956) $27,140 $683 $839 ($254,956) 215.100 -Department of Labor Administration Appropriation (HB 106) 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 $1,592,088 $1,592,088 $1,592,088 State General Funds $1,592,088 $1,592,088 $1,592,088 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 FRIDAY, MARCH 22, 2013 2325 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $140,273 $33,044,653 $140,273 $33,044,653 $140,273 $33,044,653 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,249,873 $2,249,873 $2,249,873 216.100 -Labor Market Information Appropriation (HB 106) 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 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 $54,962,877 217.1 Utilize existing funds to pay the Unemployment Trust Fund loan interest payment due on September 30, 2013. (Total Funds: $5,789,691)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 217.100 -Unemployment Insurance Appropriation (HB 106) 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. 2326 JOURNAL OF THE SENATE 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 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 $6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906 $6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906 $6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906 218.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds 218.2 Increase funds to reflect an adjustment in telecommunications expenses. $68,153 $68,153 State General Funds 218.3 Reduce funds for personnel for four filled positions. $694 $694 State General Funds ($203,950) ($203,950) $68,153 $694 ($203,950) 218.100 -Workforce Solutions Appropriation (HB 106) 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 $6,663,235 $6,663,235 $6,663,235 State General Funds $6,663,235 $6,663,235 $6,663,235 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 $46,212,803 $46,212,803 $46,212,803 FRIDAY, MARCH 22, 2013 2327 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $18,838,265 $18,838,265 $18,838,265 $18,838,265 $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 $36,317,074 $36,317,074 $788,308 $788,308 $59,813,688 $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 $36,317,074 $788,308 $59,813,688 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $19,239,126 $19,239,126 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $60,214,549 $19,239,126 $19,239,126 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $60,214,549 $19,215,915 $19,215,915 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $60,191,338 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. 2328 JOURNAL OF THE SENATE 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929 $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929 $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929 219.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $439,387 $439,387 219.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($54,722) ($54,722) 219.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $4,593 $4,593 219.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $439,387 ($54,722) $4,593 ($23,211) 219.100 -Law, Department of Appropriation (HB 106) The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved. TOTAL STATE FUNDS $18,091,865 $18,091,865 $18,068,654 State General Funds $18,091,865 $18,091,865 $18,068,654 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 FRIDAY, MARCH 22, 2013 2329 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $36,317,074 $788,308 $55,467,187 $36,317,074 $788,308 $55,467,187 $36,317,074 $788,308 $55,443,976 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 $1,135,658 $1,135,658 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 $1,135,658 $1,135,658 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 $1,135,658 $1,135,658 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 220.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $16,361 $16,361 220.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,758) ($4,758) $16,361 ($4,758) 220.100 -Medicaid Fraud Control Unit Appropriation (HB 106) 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 $1,147,261 $1,147,261 $1,147,261 State General Funds $1,147,261 $1,147,261 $1,147,261 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 $4,747,362 $4,747,362 $4,747,362 2330 JOURNAL OF THE SENATE 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 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 $92,055,099 $92,055,099 $92,055,099 $92,055,099 $54,101,622 $54,101,622 $54,090,015 $54,090,015 $11,607 $11,607 $107,279,338 $107,279,338 $541,002 $541,002 $541,002 $541,002 $115,313 $115,313 $115,313 $115,313 $2,232,646 $2,232,646 $2,232,646 $2,232,646 $3,657 $3,657 $3,657 $3,657 $56,953 $56,953 $56,953 $56,953 $104,220,326 $104,220,326 $104,220,326 $104,220,326 $109,441 $109,441 $109,441 $109,441 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $253,466,059 $253,466,059 $92,055,099 $92,055,099 $54,101,622 $54,090,015 $11,607 $107,279,338 $541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,466,059 Section Total - Final TOTAL STATE FUNDS $90,937,432 State General Funds $90,937,432 TOTAL FEDERAL FUNDS $54,005,042 Federal Funds Not Itemized $53,993,435 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $92,695,984 $92,695,984 $54,005,042 $53,993,435 $11,607 $92,580,429 $92,580,429 $54,005,042 $53,993,435 $11,607 FRIDAY, MARCH 22, 2013 2331 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 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 $107,164,025 $541,002 $541,002 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $252,136,499 $107,164,025 $541,002 $541,002 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,895,051 $107,164,025 $541,002 $541,002 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,779,496 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 $2,114,490 $2,114,490 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $2,114,490 $2,114,490 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $2,114,490 $2,114,490 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 2332 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $6,695,482 $6,695,482 221.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $30,860 $30,860 221.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($2,095) ($2,095) 221.3 Reduce funds for operations and replace with federal funds. State General Funds ($69,698) ($69,698) 221.4 Reduce funds for operations. State General Funds ($20,000) ($20,000) $6,695,482 $30,860 ($2,095) ($69,698) ($20,000) 221.100 -Coastal Resources Appropriation (HB 106) 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 $2,053,557 $2,053,557 $2,053,557 State General Funds $2,053,557 $2,053,557 $2,053,557 TOTAL FEDERAL FUNDS $4,470,663 $4,470,663 $4,470,663 Federal Funds Not Itemized $4,470,663 $4,470,663 $4,470,663 TOTAL AGENCY FUNDS $110,329 $110,329 $110,329 Contributions, Donations, and Forfeitures $81,001 $81,001 $81,001 Contributions, Donations, and Forfeitures Not Itemized $81,001 $81,001 $81,001 Royalties and Rents $29,328 $29,328 $29,328 Royalties and Rents Not Itemized $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $6,634,549 $6,634,549 $6,634,549 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. FRIDAY, MARCH 22, 2013 2333 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 $11,559,274 $11,559,274 $110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339 $11,559,274 $11,559,274 $110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339 $11,559,274 $11,559,274 $110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339 222.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $164,219 $164,219 222.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,150) ($11,150) 222.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $21,326 $21,326 222.4 Reduce funds for personnel and eliminate one vacant position. State General Funds ($140,147) ($140,147) $164,219 ($11,150) $21,326 ($140,147) 222.100 -Departmental Administration Appropriation (HB 106) 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 $11,593,522 $11,593,522 $110,000 $110,000 $39,065 $39,065 $39,065 $11,742,587 $11,593,522 $11,593,522 $110,000 $110,000 $39,065 $39,065 $39,065 $11,742,587 $11,593,522 $11,593,522 $110,000 $110,000 $39,065 $39,065 $39,065 $11,742,587 2334 JOURNAL OF THE SENATE 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187 $25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187 $25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,568,187 223.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $361,595 $361,595 $361,595 223.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($24,554) ($24,554) ($24,554) 223.3 Eliminate funds for one-time funding of the Georgia Water Policy Center.(H and S:Reduce funds for the Georgia Water Policy Center) State General Funds ($150,000) ($100,000) ($50,000) 223.4 Increase funds for Regional Water Councils. State General Funds $500,000 $500,000 $500,000 223.5 Reduce funds for personnel and eliminate six positions. FRIDAY, MARCH 22, 2013 2335 State General Funds 223.6 Reduce funds for contracts. State General Funds 223.7 Reduce funds for real estate rentals. State General Funds ($575,108) ($575,108) ($575,108) ($140,000) ($140,000) ($140,000) ($72,932) ($72,932) ($72,932) 223.100 -Environmental Protection Appropriation (HB 106) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,827,054 $25,827,054 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,467,188 $25,877,054 $25,877,054 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,517,188 $25,927,054 $25,927,054 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $115,567,188 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. 2336 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 224.1 Retain 100% of funds and utilize for clean-up activities, local government reimbursement, and operations. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 224.100 -Hazardous Waste Trust Fund Appropriation (HB 106) 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 $1,306,663 $1,306,663 $1,020,787 $1,009,180 $11,607 $2,327,450 $1,306,663 $1,306,663 $1,020,787 $1,009,180 $11,607 $2,327,450 $1,306,663 $1,306,663 $1,020,787 $1,009,180 $11,607 $2,327,450 225.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $20,222 $20,222 225.2 Reduce funds to reflect an adjustment in telecommunications expenses. $20,222 FRIDAY, MARCH 22, 2013 2337 State General Funds ($1,373) ($1,373) ($1,373) 225.3 Transfer funds and four positions from the Parks, Recreation and Historic Sites program to the Historic Preservation program for personnel and operations of the Cultural Resources Unit. State General Funds $273,619 $273,619 $273,619 225.4 Reduce funds for personnel and replace with federal funds. State General Funds ($18,316) ($18,316) ($18,316) 225.100 -Historic Preservation Appropriation (HB 106) 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 $1,580,815 $1,580,815 $1,580,815 State General Funds $1,580,815 $1,580,815 $1,580,815 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 $2,601,602 $2,601,602 $2,601,602 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized $13,696,318 $13,696,318 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 $13,696,318 $13,696,318 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 $13,696,318 $13,696,318 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 2338 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $38,887,593 $38,887,593 $56,881,301 $38,887,593 $38,887,593 $56,881,301 $38,887,593 $38,887,593 $56,881,301 226.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $193,946 $193,946 $193,946 226.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($13,170) ($13,170) ($13,170) 226.3 Transfer funds from the Parks, Recreation and Historic Sites program to the Historic Preservation program for personnel and operations of the Cultural Resources Unit. State General Funds ($273,619) ($273,619) ($273,619) 226.4 Reduce funds for operations. State General Funds ($304,392) ($254,392) ($304,392) 226.5 Reduce funds for personnel and eliminate two filled positions.(H:NO)(S:Reduce funds for personnel) State General Funds ($237,657) $0 ($50,000) 226.6 Increase funds to provide for the second installment of the law enforcement career ladder in the Parks, Recreation, and Historic Sites Program. State General Funds $341,547 $341,547 226.100 -Parks, Recreation and Historic Sites Appropriation (HB 106) 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 $13,061,426 $13,690,630 $13,590,630 State General Funds $13,061,426 $13,690,630 $13,590,630 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 FRIDAY, MARCH 22, 2013 2339 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,232,646 $38,887,593 $38,887,593 $56,246,409 $2,232,646 $38,887,593 $38,887,593 $56,875,613 $2,232,646 $38,887,593 $38,887,593 $56,775,613 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 $211,893 227.1 Eliminate funds and seven positions for the Pollution Prevention and Assistance program. Federal Funds Not Itemized Reserved Fund Balances Not Itemized Total Public Funds: ($96,580) ($115,313) ($211,893) ($96,580) ($115,313) ($211,893) ($96,580) ($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 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 228.1 Reduce funds for operations. State General Funds ($57,704) ($57,704) ($57,704) 2340 JOURNAL OF THE SENATE 228.100 -Solid Waste Trust Fund Appropriation (HB 106) 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 $1,865,775 $1,865,775 $1,865,775 State General Funds $1,865,775 $1,865,775 $1,865,775 TOTAL PUBLIC FUNDS $1,865,775 $1,865,775 $1,865,775 Wildlife Resources Continuation Budget The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $32,129,399 $32,129,399 $13,837,944 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 $32,129,399 $32,129,399 $13,837,944 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 $32,129,399 $32,129,399 $13,837,944 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 FRIDAY, MARCH 22, 2013 2341 229.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $492,382 $492,382 $492,382 229.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($33,438) ($33,438) ($33,438) 229.3 Reduce funds for personnel and eliminate two filled and three vacant positions.(H:Reduce vacancies) State General Funds ($433,423) ($367,868) ($433,423) 229.4 Reduce funds for operations. State General Funds ($305,762) ($305,762) ($305,762) 229.5 Reduce funds for operations and replace with federal funds. State General Funds ($291,298) ($291,298) ($291,298) 229.6 Increase funds to provide for the second installment of the law enforcement career ladder in the Wildlife Resources Program. State General Funds $1,013,793 $1,013,793 229.100 -Wildlife Resources Appropriation (HB 106) 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 $31,557,860 $32,637,208 $32,571,653 State General Funds $31,557,860 $32,637,208 $32,571,653 TOTAL FEDERAL FUNDS $13,837,944 $13,837,944 $13,837,944 Federal Funds Not Itemized $13,837,944 $13,837,944 $13,837,944 TOTAL AGENCY FUNDS $8,755,162 $8,755,162 $8,755,162 Contributions, Donations, and Forfeitures $99,286 $99,286 $99,286 Contributions, Donations, and Forfeitures Not Itemized $99,286 $99,286 $99,286 Rebates, Refunds, and Reimbursements $3,657 $3,657 $3,657 Rebates, Refunds, and Reimbursements Not Itemized $3,657 $3,657 $3,657 Royalties and Rents $27,625 $27,625 $27,625 Royalties and Rents Not Itemized $27,625 $27,625 $27,625 Sales and Services $8,515,153 $8,515,153 $8,515,153 2342 JOURNAL OF THE SENATE 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 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,180,966 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $55,260,314 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $55,194,759 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 20 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 20 of 20 years; last payment being made June 15, 2014. Section 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $53,881,771 $53,881,771 $53,881,771 $53,881,771 $806,050 $806,050 $806,050 $806,050 $54,687,821 $54,687,821 $53,881,771 $53,881,771 $806,050 $806,050 $54,687,821 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $52,993,221 $52,993,221 $806,050 $806,050 $53,799,271 $52,993,221 $52,993,221 $806,050 $806,050 $53,799,271 $52,982,180 $52,982,180 $806,050 $806,050 $53,788,230 FRIDAY, MARCH 22, 2013 2343 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 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 230.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $67,530 $67,530 230.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($7,475) ($7,475) 230.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $5,335 $5,335 230.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $67,530 ($7,475) $5,335 ($11,041) 230.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,018,284 State General Funds $5,018,284 TOTAL PUBLIC FUNDS $5,018,284 Appropriation (HB 106) $5,018,284 $5,018,284 $5,018,284 $5,007,243 $5,007,243 $5,007,243 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 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 2344 JOURNAL OF THE SENATE 231.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $241,178 $241,178 $241,178 231.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,196) ($1,196) ($1,196) 231.3 Transfer funds from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative. State General Funds $139,478 $139,478 $139,478 231.4 Reduce funds for personnel. State General Funds ($43,000) ($43,000) ($43,000) 231.100 -Clemency Decisions Appropriation (HB 106) 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 $11,946,790 $11,946,790 $11,946,790 State General Funds $11,946,790 $11,946,790 $11,946,790 TOTAL PUBLIC FUNDS $11,946,790 $11,946,790 $11,946,790 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 $36,867,564 $36,867,564 $806,050 $806,050 $37,673,614 $36,867,564 $36,867,564 $806,050 $806,050 $37,673,614 $36,867,564 $36,867,564 $806,050 $806,050 $37,673,614 232.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $646,358 $646,358 $646,358 FRIDAY, MARCH 22, 2013 2345 232.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($20,930) ($20,930) ($20,930) 232.3 Reduce funds for personnel for overtime and temporary labor. State General Funds ($57,000) ($57,000) ($57,000) 232.4 Reduce funds for personnel and eliminate 14 administrative positions as part of the virtual office initiative. State General Funds ($509,715) ($509,715) ($509,715) 232.5 Reduce funds for operations as part of the virtual office initiative. State General Funds ($105,483) ($105,483) ($105,483) 232.6 Reduce funds for rent due to closing parole offices as part of the virtual office initiative. State General Funds ($1,113,500) ($1,113,500) ($1,113,500) 232.7 Transfer funds from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative. State General Funds ($139,478) ($139,478) ($139,478) 232.100 -Parole Supervision Appropriation (HB 106) 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 $35,567,816 $35,567,816 $35,567,816 State General Funds $35,567,816 $35,567,816 $35,567,816 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $36,373,866 $36,373,866 $36,373,866 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. 2346 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 233.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $9,647 $9,647 233.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($299) ($299) $450,983 $450,983 $450,983 $9,647 ($299) 233.100 -Victim Services Appropriation (HB 106) 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 $460,331 $460,331 $460,331 State General Funds $460,331 $460,331 $460,331 TOTAL PUBLIC FUNDS $460,331 $460,331 $460,331 Section 35: Properties Commission, State TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized 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 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Final $114,967 $114,967 $114,967 $705,234 $114,967 $114,967 $114,967 $705,234 $114,967 $114,967 $114,967 $705,234 FRIDAY, MARCH 22, 2013 2347 State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $705,234 $705,234 $820,201 $705,234 $705,234 $820,201 $705,234 $705,234 $820,201 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 State Fund Transfers Not Itemized 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 $842,012 234.1 Reduce funds for operations. State Fund Transfers Not Itemized ($21,811) ($21,811) ($21,811) 234.100 -Properties Commission, State Appropriation (HB 106) 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 State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 2348 JOURNAL OF THE SENATE 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 $0 235.1 Reduce funds due to utility savings from reduced rates and Trade Port vacancy. (Total Funds: $824,123)(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 $40,400,824 $40,400,824 $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $40,740,824 $40,740,824 $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $40,740,824 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 $41,103,462 $41,103,462 $340,000 $340,000 $340,000 $41,443,462 $41,186,595 $41,186,595 $340,000 $340,000 $340,000 $41,526,595 $41,206,695 $41,206,695 $340,000 $340,000 $340,000 $41,546,695 Public Defender Standards Council Continuation Budget The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. TOTAL STATE FUNDS $6,005,496 $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 FRIDAY, MARCH 22, 2013 2349 Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $340,000 $340,000 $6,345,496 $340,000 $340,000 $6,345,496 $340,000 $340,000 $6,345,496 236.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $94,907 $94,907 236.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($6,853) ($6,853) 236.3 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $94,907 ($6,853) ($22,663) 236.100 -Public Defender Standards Council Appropriation (HB 106) 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 $6,093,550 $6,093,550 $6,070,887 State General Funds $6,093,550 $6,093,550 $6,070,887 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 $6,433,550 $6,433,550 $6,410,887 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 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 237.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $635,144 $635,144 $635,144 2350 JOURNAL OF THE SENATE 237.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($20,560) ($20,560) ($20,560) 237.3 Increase funds to annualize two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Judicial Circuits funded in HB742 (2012 Session). State General Funds $55,422 $55,422 237.4 Increase funds as authorized in HB451 (2013 Session) for one Assistant Public Defender starting January 1, 2014 to reflect a new judgeship in the Chattahoochee Judicial District. (S:Increase funds for two Assistant Public Defender positions in the Chattahoochee and Oconee Judicial Districts starting January 1, 2014) State General Funds $27,711 $70,474 237.100 -Public Defenders Appropriation (HB 106) 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 $35,009,912 $35,093,045 $35,135,808 State General Funds $35,009,912 $35,093,045 $35,135,808 TOTAL PUBLIC FUNDS $35,009,912 $35,093,045 $35,135,808 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 Section Total - Continuation $218,182,965 $218,182,965 $203,773,265 $203,773,265 $12,013,120 $12,013,120 $2,396,580 $2,396,580 $431,693,325 $431,693,325 $395,431,831 $395,431,831 $20,886,897 $20,886,897 $2,912,917 $2,912,917 $2,057,150 $2,057,150 $10,404,530 $10,404,530 $10,404,530 $10,404,530 $218,182,965 $203,773,265 $12,013,120 $2,396,580 $431,693,325 $395,431,831 $20,886,897 $2,912,917 $2,057,150 $10,404,530 $10,404,530 FRIDAY, MARCH 22, 2013 2351 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 Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Section Total - Final $222,031,430 $206,550,068 $13,492,860 $1,988,502 $430,706,774 $395,431,831 $20,886,897 $1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $222,850,083 $207,368,721 $13,492,860 $1,988,502 $430,706,774 $395,431,831 $20,886,897 $1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $223,596,387 $208,115,025 $13,492,860 $1,988,502 $430,706,774 $395,431,831 $20,886,897 $1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 2352 JOURNAL OF THE SENATE 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 $916,097 $845,408 $845,408 $70,689 $70,689 $705,250,025 $916,097 $845,408 $845,408 $70,689 $70,689 $706,068,678 $916,097 $845,408 $845,408 $70,689 $70,689 $706,814,982 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 $8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 238.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $26,068 $26,068 238.2 Reduce funds for personnel for three vacant positions. State General Funds ($239,233) ($239,233) $8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 $26,068 ($239,233) FRIDAY, MARCH 22, 2013 2353 238.3 Increase funds for the SHAPE initiative contract. State General Funds $170,625 $170,625 $170,625 238.4 Reduce funds for personnel and operations for the Columbus STD and family planning case finding program. State General Funds ($60,000) ($60,000) ($60,000) 238.5 Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) ($275,000) and Regional Cancer Coalitions ($1,204,740). (H and S:Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) and recognize funding for Regional Cancer Coalitions in line 238.6) Tobacco Settlement Funds $1,479,740 $275,000 $275,000 238.6 Increase funds for Regional Cancer Coalitions with each of the five Regional Cancer Coalitions receiving $240,948. Tobacco Settlement Funds $1,204,740 $1,204,740 238.100 -Adolescent and Adult Health Promotion Appropriation (HB 106) The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. TOTAL STATE FUNDS $10,280,863 $10,280,863 $10,280,863 State General Funds $3,648,684 $3,648,684 $3,648,684 Tobacco Settlement Funds $6,632,179 $6,632,179 $6,632,179 TOTAL FEDERAL FUNDS $28,088,004 $28,088,004 $28,088,004 Federal Funds Not Itemized $16,534,474 $16,534,474 $16,534,474 Maternal & Child Health Services Block Grant CFDA93.994 $1,000,000 $1,000,000 $1,000,000 Preventive Health & Health Services Block Grant CFDA93.991 $149,000 $149,000 $149,000 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 $827,224 $827,224 $827,224 Contributions, Donations, and Forfeitures $335,000 $335,000 $335,000 Contributions, Donations, and Forfeitures Not Itemized $335,000 $335,000 $335,000 Intergovernmental Transfers $492,224 $492,224 $492,224 Intergovernmental Transfers Not Itemized $492,224 $492,224 $492,224 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $410,000 $410,000 $410,000 State Funds Transfers $410,000 $410,000 $410,000 2354 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS $410,000 $39,606,091 $410,000 $39,606,091 $410,000 $39,606,091 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 $7,224,986 $611,737 $6,613,249 $300,000 $300,000 $7,524,986 $7,224,986 $611,737 $6,613,249 $300,000 $300,000 $7,524,986 $7,224,986 $611,737 $6,613,249 $300,000 $300,000 $7,524,986 239.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $3,171 $3,171 $3,171 239.2 Reduce funds by moving hypertension clients to a local Federally Qualified Health Center for all healthcare needs including hypertension management. State General Funds ($611,737) ($611,737) 239.100 -Adult Essential Health Treatment Services Appropriation (HB 106) 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 $7,228,157 $6,616,420 $6,616,420 State General Funds $614,908 $3,171 $3,171 Tobacco Settlement Funds $6,613,249 $6,613,249 $6,613,249 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 Preventive Health & Health Services Block Grant CFDA93.991 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $7,528,157 $6,916,420 $6,916,420 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. FRIDAY, MARCH 22, 2013 2355 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $20,492,715 $20,360,920 $131,795 $7,654,298 $5,375,140 $1,807,258 $471,900 $28,147,013 $20,492,715 $20,360,920 $131,795 $7,654,298 $5,375,140 $1,807,258 $471,900 $28,147,013 $20,492,715 $20,360,920 $131,795 $7,654,298 $5,375,140 $1,807,258 $471,900 $28,147,013 240.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $358,897 $358,897 240.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,967,384 $1,967,384 240.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $23,376 $23,376 240.4 Reduce funds for personnel. State General Funds ($1,880,240) ($1,880,240) 240.5 Reduce funds for operations. State General Funds ($40,000) ($40,000) 240.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $358,897 $1,967,384 $23,376 ($1,880,240) ($40,000) ($53,696) 240.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $20,922,132 $20,922,132 $20,868,436 State General Funds $20,790,337 $20,790,337 $20,736,641 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $7,654,298 $7,654,298 $7,654,298 Federal Funds Not Itemized $5,375,140 $5,375,140 $5,375,140 2356 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $1,807,258 $471,900 $28,576,430 $1,807,258 $471,900 $28,576,430 $1,807,258 $471,900 $28,522,734 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,753,939 $2,753,939 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 $2,753,939 $2,753,939 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 $2,753,939 $2,753,939 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 241.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $47,193 $47,193 $47,193 241.2 Reduce funds added in HB742 (2012 Session) for one-time funding 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. State General Funds ($350,000) ($350,000) ($350,000) 241.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 106) 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 $2,451,132 $2,451,132 $2,451,132 State General Funds $2,451,132 $2,451,132 $2,451,132 FRIDAY, MARCH 22, 2013 2357 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $37,800,127 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $37,800,127 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $37,800,127 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 $4,164,813 $4,049,176 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 $4,164,813 $4,049,176 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 242.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $27,028 $27,028 242.2 Reduce funds for tuberculosis detection, prevention, and treatment. State General Funds ($200,000) $4,164,813 $4,049,176 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 $27,028 $0 2358 JOURNAL OF THE SENATE 242.3 Increase funds for the Fulton DeKalb Hospital Authority for the Georgia Poison Control Center. State General Funds $50,000 $50,000 242.100 -Epidemiology Appropriation (HB 106) 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 $4,191,841 $4,076,204 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,196,113 $4,041,841 $3,926,204 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,046,113 $4,241,841 $4,126,204 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,246,113 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 $2,505,125 $2,505,125 $8,406,339 $7,906,339 $500,000 $10,911,464 $2,505,125 $2,505,125 $8,406,339 $7,906,339 $500,000 $10,911,464 243.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,139 $2,139 $2,505,125 $2,505,125 $8,406,339 $7,906,339 $500,000 $10,911,464 $2,139 FRIDAY, MARCH 22, 2013 2359 243.100 -Immunization Appropriation (HB 106) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,507,264 $2,507,264 $2,507,264 State General Funds $2,507,264 $2,507,264 $2,507,264 TOTAL FEDERAL FUNDS $8,406,339 $8,406,339 $8,406,339 Federal Funds Not Itemized $7,906,339 $7,906,339 $7,906,339 Preventive Health & Health Services Block Grant CFDA93.991 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $10,913,603 $10,913,603 $10,913,603 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $22,079,771 $22,079,771 $27,264,919 $18,449,501 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 $22,079,771 $22,079,771 $27,264,919 $18,449,501 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 $22,079,771 $22,079,771 $27,264,919 $18,449,501 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 244.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $30,541 $30,541 $30,541 244.2 Reduce funds for programmatic grant-in-aid for Children's Medical Services. State General Funds ($576,574) ($576,574) ($576,574) 244.3 Reduce funds for programmatic grant-in-aid for the genetics and sickle cell testing program. (S:Reduce funds for programmatic grant-in-aid for genetics testing and recognize an alternative delivery mechanism for the sickle cell testing program) State General Funds ($525,172) ($525,172) ($525,172) 2360 JOURNAL OF THE SENATE 244.4 Reduce funds for the Oral Health Prevention Program and replace with existing federal funds. State General Funds ($274,657) ($274,657) ($274,657) 244.5 Increase funds for the sickle cell disease treatment contract. State General Funds $150,000 $150,000 $150,000 244.6 Reduce funds for the Hemophilia of Georgia contract and reflect savings from moving high-cost hemophilia clients to the PreExisting Condition Insurance Plan (PCIP). (H and S:Reduce hemophilia contract) State General Funds ($239,018) ($189,018) ($189,018) 244.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 106) 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 $20,644,891 $20,694,891 $20,694,891 State General Funds $20,644,891 $20,694,891 $20,694,891 TOTAL FEDERAL FUNDS $27,264,919 $27,264,919 $27,264,919 Federal Funds Not Itemized $18,449,501 $18,449,501 $18,449,501 Maternal & Child Health Services Block Grant CFDA93.994 $8,698,918 $8,698,918 $8,698,918 Preventive Health & Health Services Block Grant CFDA93.991 $116,500 $116,500 $116,500 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 $47,984,810 $48,034,810 $48,034,810 Infant and Child Health Promotion Continuation Budget The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS $12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280 $119,108 $50,049,137 $12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280 $119,108 $50,049,137 $12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280 $119,108 $50,049,137 FRIDAY, MARCH 22, 2013 2361 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 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 $49,137 $49,137 $50,000,000 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 245.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $44,030 $44,030 245.2 Reduce funds for the Foster Care Project. State General Funds ($55,000) ($55,000) $44,030 ($55,000) 245.100 -Infant and Child Health Promotion Appropriation (HB 106) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $12,192,738 $12,192,738 $12,192,738 State General Funds $12,192,738 $12,192,738 $12,192,738 TOTAL FEDERAL FUNDS $257,026,187 $257,026,187 $257,026,187 Federal Funds Not Itemized $246,283,799 $246,283,799 $246,283,799 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 $50,049,137 $50,049,137 $50,049,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 $49,137 $49,137 Sales and Services $50,000,000 $50,000,000 $50,000,000 Sales and Services Not Itemized $50,000,000 $50,000,000 $50,000,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,497 $267,497 $267,497 State Funds Transfers $196,808 $196,808 $196,808 Agency to Agency Contracts $196,808 $196,808 $196,808 2362 JOURNAL OF THE SENATE Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $70,689 $70,689 $319,535,559 $70,689 $70,689 $319,535,559 $70,689 $70,689 $319,535,559 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 $30,499,493 $30,499,493 $60,377,072 $60,292,583 $84,489 $90,876,565 $30,499,493 $30,499,493 $60,377,072 $60,292,583 $84,489 $90,876,565 $30,499,493 $30,499,493 $60,377,072 $60,292,583 $84,489 $90,876,565 246.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $158,129 $158,129 246.2 Increase funds to provide clinical services and testing supplies. State General Funds $570,505 $158,129 $570,505 246.100 -Infectious Disease Control Appropriation (HB 106) 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 $30,657,622 $31,228,127 $31,228,127 State General Funds $30,657,622 $31,228,127 $31,228,127 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 $91,034,694 $91,605,199 $91,605,199 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. FRIDAY, MARCH 22, 2013 2363 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 $3,571,617 $3,571,617 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 $3,571,617 $3,571,617 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 $3,571,617 $3,571,617 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 247.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $49,242 $49,242 $49,242 247.100 -Inspections and Environmental Hazard Control Appropriation (HB 106) 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 $3,620,859 $3,620,859 $3,620,859 State General Funds $3,620,859 $3,620,859 $3,620,859 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 $5,209,830 $5,209,830 $5,209,830 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 $81,858,779 $81,858,779 $81,858,779 State General Funds $81,858,779 $81,858,779 $81,858,779 TOTAL FEDERAL FUNDS $986,551 $986,551 $986,551 2364 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $986,551 $82,845,330 $986,551 $82,845,330 $986,551 $82,845,330 248.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $4,885,533 $4,885,533 248.2 Reduce funds for programmatic grant-in-aid for the Health Check Program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($986,551) ($986,551) ($1,973,102) ($986,551) ($986,551) ($1,973,102) 248.3 Increase funds for the third year phase-in of the new grant-in-aid formula to hold harmless all counties. State General Funds $1,559,885 $4,885,533 ($986,551) ($986,551) ($1,973,102) $1,559,885 248.100 -Public Health Formula Grants to Counties Appropriation (HB 106) 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 $85,757,761 $87,317,646 $87,317,646 State General Funds $85,757,761 $87,317,646 $87,317,646 TOTAL PUBLIC FUNDS $85,757,761 $87,317,646 $87,317,646 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 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 249.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $51,134 $51,134 $51,134 FRIDAY, MARCH 22, 2013 2365 249.100 -Vital Records Appropriation (HB 106) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $3,641,696 $3,641,696 $3,641,696 State General Funds $3,641,696 $3,641,696 $3,641,696 TOTAL FEDERAL FUNDS $530,680 $530,680 $530,680 Federal Funds Not Itemized $530,680 $530,680 $530,680 TOTAL PUBLIC FUNDS $4,172,376 $4,172,376 $4,172,376 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 $2,396,580 $0 $2,396,580 $2,396,580 $2,396,580 $0 $2,396,580 $2,396,580 $2,396,580 $0 $2,396,580 $2,396,580 250.1 Reduce funds to reflect FY2012 collections and reduced awards. Brain & Spinal Injury Trust Fund ($408,078) ($408,078) ($408,078) 250.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 106) 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 $1,988,502 $1,988,502 $1,988,502 Brain & Spinal Injury Trust Fund $1,988,502 $1,988,502 $1,988,502 TOTAL PUBLIC FUNDS $1,988,502 $1,988,502 $1,988,502 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 $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 2366 JOURNAL OF THE SENATE 251.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $9,381 $9,381 $9,381 251.2 Reduce funds for contracts. State General Funds ($478,116) ($1,078,116) ($478,116) 251.3 Increase funds for uncompensated care and trauma readiness costs to reflect increased collections and new trauma centers. State General Funds $477,493 $477,493 $477,493 251.100 -Georgia Trauma Care Network Commission Appropriation (HB 106) 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 $15,945,972 $15,345,972 $15,945,972 State General Funds $15,945,972 $15,345,972 $15,945,972 TOTAL PUBLIC FUNDS $15,945,972 $15,345,972 $15,945,972 Section 38: Public Safety, Department of 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $119,496,578 $119,496,578 $119,496,578 $119,496,578 $33,824,374 $33,824,374 $33,824,374 $33,824,374 $33,300,269 $33,300,269 $8,655,538 $8,655,538 $8,655,538 $8,655,538 $432,765 $432,765 $432,765 $432,765 $23,559,566 $23,559,566 $23,559,566 $23,559,566 $652,400 $652,400 $652,400 $652,400 $235,400 $235,400 $235,400 $235,400 $235,400 $235,400 $186,856,621 $186,856,621 $119,496,578 $119,496,578 $33,824,374 $33,824,374 $33,300,269 $8,655,538 $8,655,538 $432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400 $235,400 $235,400 $186,856,621 FRIDAY, MARCH 22, 2013 2367 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $120,099,603 $120,099,603 $33,824,374 $33,824,374 $33,617,071 $8,655,538 $8,655,538 $432,765 $432,765 $23,876,368 $23,876,368 $652,400 $652,400 $235,400 $235,400 $235,400 $187,776,448 $120,549,191 $120,549,191 $33,824,374 $33,824,374 $33,300,269 $8,655,538 $8,655,538 $432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400 $235,400 $235,400 $187,909,234 $120,284,956 $120,284,956 $33,824,374 $33,824,374 $33,617,071 $8,655,538 $8,655,538 $432,765 $432,765 $23,876,368 $23,876,368 $652,400 $652,400 $235,400 $235,400 $235,400 $187,961,801 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,114,878 $3,114,878 $243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 $3,114,878 $3,114,878 $243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 $3,114,878 $3,114,878 $243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 2368 JOURNAL OF THE SENATE 252.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $41,597 $41,597 252.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,077 $1,077 252.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $223 $223 $41,597 $1,077 $223 252.100 -Aviation Appropriation (HB 106) 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 $3,157,775 $3,157,775 $3,157,775 State General Funds $3,157,775 $3,157,775 $3,157,775 TOTAL FEDERAL FUNDS $243,034 $243,034 $243,034 Federal Funds Not Itemized $243,034 $243,034 $243,034 TOTAL AGENCY FUNDS $4,100,000 $4,100,000 $4,100,000 Intergovernmental Transfers $4,000,000 $4,000,000 $4,000,000 Intergovernmental Transfers Not Itemized $4,000,000 $4,000,000 $4,000,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $7,500,809 $7,500,809 $7,500,809 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 FRIDAY, MARCH 22, 2013 2369 253.100 -Capitol Police Services Appropriation (HB 106) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 Departmental Administration Continuation Budget The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,249,014 $8,249,014 $141,571 $141,571 $3,510 $3,510 $3,510 $8,394,095 $8,249,014 $8,249,014 $141,571 $141,571 $3,510 $3,510 $3,510 $8,394,095 $8,249,014 $8,249,014 $141,571 $141,571 $3,510 $3,510 $3,510 $8,394,095 254.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $142,394 $142,394 254.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,439 $4,439 254.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,571 $1,571 254.4 Reduce funds for personnel to reflect furloughs. State General Funds ($39,488) ($39,488) $142,394 $4,439 $1,571 ($39,488) 2370 JOURNAL OF THE SENATE 254.5 Reduce funds for operations. State General Funds ($30,000) 254.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($30,000) ($30,000) ($30,647) 254.100 -Departmental Administration Appropriation (HB 106) 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 $8,327,930 $8,327,930 $8,297,283 State General Funds $8,327,930 $8,327,930 $8,297,283 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $3,510 $3,510 $3,510 Sales and Services $3,510 $3,510 $3,510 Sales and Services Not Itemized $3,510 $3,510 $3,510 TOTAL PUBLIC FUNDS $8,473,011 $8,473,011 $8,442,364 Executive Security Services Continuation Budget The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner. TOTAL STATE FUNDS $1,602,488 $1,602,488 $1,602,488 State General Funds $1,602,488 $1,602,488 $1,602,488 TOTAL AGENCY FUNDS $336,765 $336,765 $336,765 Rebates, Refunds, and Reimbursements $282,765 $282,765 $282,765 Rebates, Refunds, and Reimbursements Not Itemized $282,765 $282,765 $282,765 Sales and Services $54,000 $54,000 $54,000 Sales and Services Not Itemized $54,000 $54,000 $54,000 TOTAL PUBLIC FUNDS $1,939,253 $1,939,253 $1,939,253 255.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $769 $769 $769 FRIDAY, MARCH 22, 2013 2371 255.2 Transfer funds, 17 positions and 33 motor vehicles from the Executive Security Services program to the Field Offices and Services program. State General Funds Sales and Services Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: ($1,603,257) ($54,000) ($282,765) ($1,940,022) ($1,603,257) ($54,000) ($282,765) ($1,940,022) ($1,603,257) ($54,000) ($282,765) ($1,940,022) 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 $77,541,397 $77,541,397 $8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 $77,541,397 $77,541,397 $8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 $77,541,397 $77,541,397 $8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 256.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,547,751 $1,547,751 256.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $68,295 $68,295 $1,547,751 $68,295 2372 JOURNAL OF THE SENATE 256.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $12,771 $12,771 $12,771 256.4 Transfer funds, 36 positions and 30 motor vehicles from the Specialized Collision Reconstruction Team (SCRT) program to the Field Offices and Services program. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: $3,275,622 $205,538 $3,481,160 $3,275,622 $205,538 $3,481,160 $3,275,622 $205,538 $3,481,160 256.5 Transfer funds, 17 positions, and 33 motor vehicles from the Executive Security Services program to the Field Offices and Services program. State General Funds Sales and Services Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: $1,603,257 $54,000 $282,765 $1,940,022 $1,603,257 $54,000 $282,765 $1,940,022 $1,603,257 $54,000 $282,765 $1,940,022 256.6 Reduce funds for personnel and reduce administrative positions from five to three as a result of the Specialized Collision Reconstruction Team program integration. State General Funds ($79,081) ($79,081) ($79,081) 256.7 Reduce funds for personnel to replace a Specialized Collision Reconstruction Team Captain position with a Trooper position. State General Funds ($64,556) ($64,556) ($64,556) 256.8 Reduce funds for operations. State General Funds ($169,564) ($169,564) ($169,564) 256.9 Increase funds to reflect projected expenditures. State General Funds $36,983 $0 $36,983 256.10 Transfer seven positions from the Georgia Bureau of Investigation to the Department of Public Safety and enter into a Memorandum of Understanding for operational control activities. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 256.100 -Field Offices and Services Appropriation (HB 106) 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 FRIDAY, MARCH 22, 2013 2373 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 $83,772,875 $83,735,892 $83,772,875 State General Funds $83,772,875 $83,735,892 $83,772,875 TOTAL FEDERAL FUNDS $8,096,038 $8,096,038 $8,096,038 Federal Funds Not Itemized $8,096,038 $8,096,038 $8,096,038 TOTAL AGENCY FUNDS $9,314,703 $9,314,703 $9,314,703 Intergovernmental Transfers $2,605,538 $2,605,538 $2,605,538 Intergovernmental Transfers Not Itemized $2,605,538 $2,605,538 $2,605,538 Rebates, Refunds, and Reimbursements $432,765 $432,765 $432,765 Rebates, Refunds, and Reimbursements Not Itemized $432,765 $432,765 $432,765 Sales and Services $5,624,000 $5,624,000 $5,624,000 Sales and Services Not Itemized $5,624,000 $5,624,000 $5,624,000 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 $101,183,616 $101,146,633 $101,183,616 Motor Carrier Compliance Continuation Budget 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 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 $10,125,133 $10,125,133 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,526,922 $10,125,133 $10,125,133 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,526,922 $10,125,133 $10,125,133 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,526,922 2374 JOURNAL OF THE SENATE 257.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $139,633 $139,633 257.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $808 $808 257.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,808 $2,808 257.4 Reduce funds for operations. State General Funds ($87,051) ($87,051) 257.5 Reduce funds for motor vehicle purchases. State General Funds ($250,000) ($250,000) 257.6 Reduce funds for information technology. State General Funds ($133,386) ($133,386) $139,633 $808 $2,808 ($87,051) ($250,000) ($133,386) 257.100 -Motor Carrier Compliance Appropriation (HB 106) 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 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 $9,797,945 $9,797,945 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,199,734 $9,797,945 $9,797,945 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,199,734 $9,797,945 $9,797,945 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,199,734 FRIDAY, MARCH 22, 2013 2375 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,274,853 $3,274,853 $205,538 $205,538 $205,538 $3,480,391 $3,274,853 $3,274,853 $205,538 $205,538 $205,538 $3,480,391 $3,274,853 $3,274,853 $205,538 $205,538 $205,538 $3,480,391 258.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $769 $769 $769 258.2 Transfer funds, 36 positions and 30 motor vehicles from the Specialized Collision Reconstruction Team program to the Field Offices and Services program. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: ($3,275,622) ($205,538) ($3,481,160) ($3,275,622) ($205,538) ($3,481,160) ($3,275,622) ($205,538) ($3,481,160) 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 $1,502,013 $1,502,013 $1,502,013 State General Funds $1,502,013 $1,502,013 $1,502,013 TOTAL PUBLIC FUNDS $1,502,013 $1,502,013 $1,502,013 259.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $32,602 $32,602 259.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $769 $769 $32,602 $769 2376 JOURNAL OF THE SENATE 259.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $201 $201 $201 259.100 -Troop J Specialty Units Appropriation (HB 106) 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 $1,535,585 $1,535,585 $1,535,585 $1,535,585 $1,535,585 $1,535,585 $1,535,585 $1,535,585 $1,535,585 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 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 260.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $12,764 $12,764 $12,764 260.2 Increase funds for personnel. State General Funds $16,000 $16,000 260.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 106) 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 $647,769 $647,769 $647,769 $663,769 $663,769 $663,769 $663,769 $663,769 $663,769 FRIDAY, MARCH 22, 2013 2377 Peace Officer Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, certify individuals when all requirements are met, to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 261.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $46,744 $46,744 $46,744 261.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,932 $2,932 $2,932 261.3 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: ($316,802) $316,802 $0 $0 ($316,802) $0 $316,802 $0 $0 261.4 Reduce funds for one-time funding of contracts for newly elected Sheriffs. State General Funds ($401,950) ($401,950) ($401,950) 261.5 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Association of Chiefs of Police training contract. State General Funds ($232,933) ($232,933) $0 261.6 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Sheriffs' Association training contract. State General Funds ($295,989) ($295,989) $0 2378 JOURNAL OF THE SENATE 261.7 Reduce funds for personnel. State General Funds ($46,231) $0 261.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 106) 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 $1,273,899 $1,544,470 $1,802,821 State General Funds $1,273,899 $1,544,470 $1,802,821 TOTAL AGENCY FUNDS $624,853 $308,051 $624,853 Sales and Services $624,853 $308,051 $624,853 Sales and Services Not Itemized $624,853 $308,051 $624,853 TOTAL PUBLIC FUNDS $1,898,752 $1,852,521 $2,427,674 Public Safety Training Center, Georgia Continuation Budget 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 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 $10,611,301 $10,611,301 $1,739,391 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 $10,611,301 $10,611,301 $1,739,391 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 $10,611,301 $10,611,301 $1,739,391 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 FRIDAY, MARCH 22, 2013 2379 262.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $175,535 $175,535 $175,535 262.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $18,773 $18,773 $18,773 262.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds ($108,841) ($108,841) ($108,841) 262.4 Reduce funds for contracts due to the closure of the North Central Georgia Law Enforcement Training Academy. (S:Continue contract with North Central Georgia Law Enforcement Training Academy) State General Funds ($200,000) ($200,000) ($50,000) 262.5 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Association of Chiefs of Police training contract. State General Funds $232,933 $232,933 $0 262.6 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Sheriffs' Association training contract. State General Funds $295,989 $295,989 $0 262.7 Increase funds for law enforcement training operations at the Dalton Regional Law Enforcement Academy. State General Funds $200,000 $50,000 262.100 -Public Safety Training Center, Georgia Appropriation (HB 106) 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 $11,025,690 $11,225,690 $10,696,768 State General Funds $11,025,690 $11,225,690 $10,696,768 TOTAL FEDERAL FUNDS $1,739,391 $1,739,391 $1,739,391 Federal Funds Not Itemized $1,739,391 $1,739,391 $1,739,391 TOTAL AGENCY FUNDS $3,739,774 $3,739,774 $3,739,774 Intergovernmental Transfers $1,760,000 $1,760,000 $1,760,000 Intergovernmental Transfers Not Itemized $1,760,000 $1,760,000 $1,760,000 Sales and Services $1,979,774 $1,979,774 $1,979,774 2380 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,979,774 $117,000 $117,000 $117,000 $16,621,855 $1,979,774 $117,000 $117,000 $117,000 $16,821,855 $1,979,774 $117,000 $117,000 $117,000 $16,292,933 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $337,102 $118,400 $118,400 $118,400 $18,151,282 $368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $337,102 $118,400 $118,400 $118,400 $18,151,282 $368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $337,102 $118,400 $118,400 $118,400 $18,151,282 263.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $5,878 $5,878 263.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $11,160 $11,160 263.3 Increase funds for personnel for five positions to offset a loss of federal funds. State General Funds $185,556 $185,556 263.4 Reduce funds for real estate rentals. State General Funds ($11,058) ($11,058) $5,878 $11,160 $185,556 ($11,058) FRIDAY, MARCH 22, 2013 2381 263.100 -Highway Safety, Office of Appropriation (HB 106) 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 $560,135 $560,135 $560,135 State General Funds $560,135 $560,135 $560,135 TOTAL FEDERAL FUNDS $17,327,181 $17,327,181 $17,327,181 Federal Funds Not Itemized $17,327,181 $17,327,181 $17,327,181 TOTAL AGENCY FUNDS $337,102 $337,102 $337,102 Sales and Services $337,102 $337,102 $337,102 Sales and Services Not Itemized $337,102 $337,102 $337,102 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $118,400 $118,400 $118,400 State Funds Transfers $118,400 $118,400 $118,400 Agency to Agency Contracts $118,400 $118,400 $118,400 TOTAL PUBLIC FUNDS $18,342,818 $18,342,818 $18,342,818 Section 39: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $7,963,566 $7,963,566 $7,963,566 $7,963,566 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $9,505,287 $9,505,287 $7,963,566 $7,963,566 $1,541,721 $1,541,721 $9,505,287 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $7,615,664 $7,615,664 $1,541,721 $1,541,721 $9,157,385 $7,740,820 $7,740,820 $1,541,721 $1,541,721 $9,282,541 $7,615,664 $7,615,664 $1,541,721 $1,541,721 $9,157,385 Commission Administration Continuation Budget The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. 2382 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,111,939 $1,111,939 $83,500 $83,500 $1,195,439 $1,111,939 $1,111,939 $83,500 $83,500 $1,195,439 $1,111,939 $1,111,939 $83,500 $83,500 $1,195,439 264.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $24,201 $24,201 264.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $524 $524 264.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $271 $271 $24,201 $524 $271 264.100 -Commission Administration Appropriation (HB 106) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,136,935 $1,136,935 $1,136,935 State General Funds $1,136,935 $1,136,935 $1,136,935 TOTAL FEDERAL FUNDS $83,500 $83,500 $83,500 Federal Funds Not Itemized $83,500 $83,500 $83,500 TOTAL PUBLIC FUNDS $1,220,435 $1,220,435 $1,220,435 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 $977,613 $977,613 $1,188,246 $1,188,246 $2,165,859 $977,613 $977,613 $1,188,246 $1,188,246 $2,165,859 $977,613 $977,613 $1,188,246 $1,188,246 $2,165,859 FRIDAY, MARCH 22, 2013 2383 265.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $35,371 $35,371 265.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $766 $766 265.3 Reduce funds for operations. State General Funds ($55,123) ($55,123) $35,371 $766 ($55,123) 265.100 -Facility Protection Appropriation (HB 106) 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 $958,627 $958,627 $958,627 State General Funds $958,627 $958,627 $958,627 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 $2,146,873 $2,146,873 $2,146,873 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 $5,874,014 $5,874,014 $269,975 $269,975 $6,143,989 $5,874,014 $5,874,014 $269,975 $269,975 $6,143,989 266.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $126,592 $126,592 266.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,740 $2,740 $5,874,014 $5,874,014 $269,975 $269,975 $6,143,989 $126,592 $2,740 2384 JOURNAL OF THE SENATE 266.3 Reduce funds for personnel and eliminate three filled positions. (H:Reduce funds for personnel and eliminate two filled positions) State General Funds ($483,244) ($358,088) ($483,244) 266.99 SAC: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. House: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. Gov Rev: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. State General Funds $0 $0 $0 266.100 -Utilities Regulation Appropriation (HB 106) The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. TOTAL STATE FUNDS $5,520,102 $5,645,258 $5,520,102 State General Funds $5,520,102 $5,645,258 $5,520,102 TOTAL FEDERAL FUNDS $269,975 $269,975 $269,975 Federal Funds Not Itemized $269,975 $269,975 $269,975 TOTAL PUBLIC FUNDS $5,790,077 $5,915,233 $5,790,077 Section 40: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Section Total - Continuation $1,828,569,784 $1,828,569,784 $1,828,569,784 $1,828,569,784 $1,828,569,784 $1,828,569,784 FRIDAY, MARCH 22, 2013 2385 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,102,894 $519,190,845 $1,664,912,049 $6,349,231,970 $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,102,894 $519,190,845 $1,664,912,049 $6,349,231,970 $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,102,894 $519,190,845 $1,664,912,049 $6,349,231,970 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS Section Total - Final $1,878,458,196 $1,878,458,196 $4,521,194,857 $3,647,710 $3,647,710 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,613,665 $435,771 $519,265,845 $1,664,912,049 $6,399,653,053 $1,877,452,752 $1,877,452,752 $4,521,194,857 $3,647,710 $3,647,710 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,613,665 $435,771 $519,265,845 $1,664,912,049 $6,398,647,609 $1,894,952,215 $1,894,952,215 $4,521,194,857 $3,647,710 $3,647,710 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,613,665 $435,771 $519,265,845 $1,664,912,049 $6,416,147,072 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. 2386 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924 $35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924 $35,107,005 $35,107,005 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924 267.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $199,217 $199,217 $199,217 267.2 Increase funds for the employer share of health insurance. State General Funds $291,712 $291,712 $291,712 267.3 Reduce funds for personnel. State General Funds ($1,053,210) ($789,907) ($1,053,210) 267.4 Increase funds for scientists specializing in peaches ($75,000), Food Product Innovations and Commercialization ($75,000), dairy heat stress ($150,000), and the Ted G. Dyer Beef Cattle Animal Scientist position at the Calhoun Extension Bull Test Station ($125,000). State General Funds $425,000 $425,000 267.100 -Agricultural Experiment Station Appropriation (HB 106) 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 $34,544,724 $35,233,027 $34,969,724 State General Funds $34,544,724 $35,233,027 $34,969,724 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 University System of Georgia Research Funds $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $5,483,042 $5,483,042 $5,483,042 FRIDAY, MARCH 22, 2013 2387 Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,483,042 $10,069,877 $10,069,877 $72,097,643 $5,483,042 $10,069,877 $10,069,877 $72,785,946 $5,483,042 $10,069,877 $10,069,877 $72,522,643 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 University System of Georgia Research Funds 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 $4,944,522 268.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 106) The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals. TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 University System of Georgia Research Funds $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 Cooperative Extension Service Continuation Budget The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 2388 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 269.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $215,197 $215,197 $215,197 269.2 Increase funds for the employer share of health insurance. State General Funds $345,363 $345,363 $345,363 269.3 Reduce funds for personnel. State General Funds ($884,036) ($663,027) ($663,027) 269.100 -Cooperative Extension Service Appropriation (HB 106) 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 $29,144,375 $29,365,384 $29,365,384 State General Funds $29,144,375 $29,365,384 $29,365,384 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $13,000,000 $13,000,000 $13,000,000 University System of Georgia Research Funds $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 $54,228,304 $54,449,313 $54,449,313 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. FRIDAY, MARCH 22, 2013 2389 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $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 $17,850,440 270.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $17,142 $17,142 $17,142 270.2 Increase funds for the employer share of health insurance ($13,923) and retiree health benefits ($2,370). State General Funds $16,293 $16,293 $16,293 270.3 Reduce funds for operations. State General Funds ($115,203) ($221,263) ($221,263) 270.4 Increase funds for Invest Georgia per SB224 (2013 Session). State General Funds $10,000,000 270.100 -Enterprise Innovation Institute Appropriation (HB 106) 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 $7,293,672 $7,187,612 $17,187,612 State General Funds $7,293,672 $7,187,612 $17,187,612 TOTAL AGENCY FUNDS $10,475,000 $10,475,000 $10,475,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 University System of Georgia Research Funds $7,875,000 $7,875,000 $7,875,000 Rebates, Refunds, and Reimbursements $1,100,000 $1,100,000 $1,100,000 Rebates, Refunds, and Reimbursements Not Itemized $1,100,000 $1,100,000 $1,100,000 2390 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,500,000 $1,500,000 $17,768,672 $1,500,000 $1,500,000 $17,662,612 $1,500,000 $1,500,000 $27,662,612 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 University System of Georgia Research Funds Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 271.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $1,463 $1,463 $1,463 271.2 Increase funds for the employer share of health insurance. State General Funds $2,255 $2,255 $2,255 271.3 Reduce funds for personnel. State General Funds ($15,084) ($11,313) ($15,084) 271.100 -Forestry Cooperative Extension Appropriation (HB 106) 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 $491,420 $495,191 $491,420 State General Funds $491,420 $495,191 $491,420 TOTAL AGENCY FUNDS $575,988 $575,988 $575,988 Intergovernmental Transfers $475,988 $475,988 $475,988 FRIDAY, MARCH 22, 2013 2391 University System of Georgia Research Funds Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $475,988 $100,000 $100,000 $1,067,408 $475,988 $100,000 $100,000 $1,071,179 $475,988 $100,000 $100,000 $1,067,408 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 272.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $15,113 $15,113 $15,113 272.2 Increase funds for the employer share of health insurance. State General Funds $25,261 $25,261 $25,261 272.3 Reduce funds for personnel. State General Funds ($77,398) ($58,048) ($77,398) 272.100 -Forestry Research Appropriation (HB 106) 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 $2,542,904 $2,562,254 $2,542,904 State General Funds $2,542,904 $2,562,254 $2,542,904 TOTAL AGENCY FUNDS $10,250,426 $10,250,426 $10,250,426 2392 JOURNAL OF THE SENATE Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,793,330 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,812,680 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,793,330 Georgia Archives Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 273.1 Transfer funds and 10 positions from the Secretary of State to the Board of Regents for archives and records maintenance. State General Funds Record Center Storage Fees Sales and Services Not Itemized Contributions, Donations, and Forfeitures Not Itemized Total Public Funds: $3,851,428 $435,771 $75,000 $21,900 $4,384,099 $3,851,428 $435,771 $75,000 $21,900 $4,384,099 $3,851,428 $435,771 $75,000 $21,900 $4,384,099 273.2 Increase funds for additional personnel and to expand public operating hours. State General Funds $224,113 $300,000 273.99 SAC: 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. House: 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. Gov Rev: 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. State General Funds $0 $0 $0 FRIDAY, MARCH 22, 2013 2393 273.100 -Georgia Archives Appropriation (HB 106) 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. TOTAL STATE FUNDS $3,851,428 $4,075,541 $4,151,428 State General Funds $3,851,428 $4,075,541 $4,151,428 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 $4,384,099 $4,608,212 $4,684,099 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 $3,625,810 274.100 -Georgia Radiation Therapy Center Appropriation (HB 106) 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 2394 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589 $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589 $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589 275.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $3,752 $3,752 $3,752 275.2 Increase funds for the employer share of health insurance ($12,071) and retiree health benefits ($3,315). State General Funds $15,386 $15,386 $15,386 275.3 Reduce funds for operations. State General Funds ($172,249) ($172,249) ($172,249) 275.4 Reduce funds added in HB742 (2012 Session) for industrial storm water solutions for Georgia's poultry industry. State General Funds ($50,000) ($50,000) ($50,000) 275.100 -Georgia Tech Research Institute Appropriation (HB 106) 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 $5,588,520 $5,588,520 $5,588,520 State General Funds $5,588,520 $5,588,520 $5,588,520 FRIDAY, MARCH 22, 2013 2395 TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,506,478 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,506,478 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,506,478 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 University System of Georgia Research Funds 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 $1,215,731 276.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $3,458 $3,458 $3,458 276.2 Increase funds for the employer share of health insurance. State General Funds $3,543 $3,543 $3,543 276.3 Reduce funds for operations. State General Funds ($21,884) ($21,884) ($21,884) 276.100 -Marine Institute Appropriation (HB 106) 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. 2396 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $714,567 $714,567 $486,281 $367,648 $367,648 $118,633 $118,633 $1,200,848 $714,567 $714,567 $486,281 $367,648 $367,648 $118,633 $118,633 $1,200,848 $714,567 $714,567 $486,281 $367,648 $367,648 $118,633 $118,633 $1,200,848 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 277.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $7,340 $7,340 $7,340 277.2 Increase funds for employer share of health insurance. State General Funds $8,765 $8,765 $8,765 277.3 Reduce funds for personnel. State General Funds ($35,974) ($35,974) ($35,974) FRIDAY, MARCH 22, 2013 2397 277.100 -Marine Resources Extension Center Appropriation (HB 106) 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,179,252 $1,179,252 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,524,781 $1,179,252 $1,179,252 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,524,781 $1,179,252 $1,179,252 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,524,781 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 $29,172,642 278.1 Reduce funds for personnel and replace with other funds. State General Funds ($875,179) ($875,179) ($875,179) 278.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 106) 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 $28,297,463 $28,297,463 $28,297,463 $28,297,463 $28,297,463 $28,297,463 $28,297,463 $28,297,463 $28,297,463 2398 JOURNAL OF THE SENATE 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 University System of Georgia Research Funds TOTAL PUBLIC FUNDS $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 279.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $131,552 $131,552 $131,552 279.2 Increase funds for the employer share of the health insurance. State General Funds $4,636 $4,636 $4,636 279.3 Reduce funds for personnel. State General Funds ($41,646) ($41,646) ($41,646) 279.4 Reduce funds for operations. State General Funds ($32,963) ($32,963) ($32,963) 279.5 Reduce funds for public library state grants. State General Funds ($891,064) ($891,064) ($891,064) 279.6 Increase funds for the New Directions formula based on an increase in state population. State General Funds $138,000 $138,000 $138,000 279.100 -Public Libraries Appropriation (HB 106) 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 $31,497,624 $31,497,624 $31,497,624 State General Funds $31,497,624 $31,497,624 $31,497,624 TOTAL AGENCY FUNDS $5,222,400 $5,222,400 $5,222,400 FRIDAY, MARCH 22, 2013 2399 Intergovernmental Transfers University System of Georgia Research Funds TOTAL PUBLIC FUNDS $5,222,400 $5,222,400 $36,720,024 $5,222,400 $5,222,400 $36,720,024 $5,222,400 $5,222,400 $36,720,024 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 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 280.1 Increase funds for the Health Professions Initiative to address graduate medical education. State General Funds $2,075,000 $2,075,000 $2,075,000 280.2 Reduce funds for the Health Professions Initiative. State General Funds ($126,900) ($126,900) ($126,900) 280.3 Increase funds for cancer research to the Georgia Regents University Cancer Center. State General Funds $5,000,000 $5,000,000 $5,000,000 280.4 Reduce funds for personnel and operations for the Fort Valley University Land Grant Match. State General Funds ($109,942) ($109,942) ($109,942) 280.5 Reduce funds for personnel and operations for the Georgia Regents University Mission Related Program. State General Funds ($170,735) ($170,735) ($170,735) 280.6 Eliminate funds for the Georgia Regents University Nurse Anesthetist Program. State General Funds ($258,012) ($258,012) ($258,012) 280.7 Transfer funds from the Department of Education to the Public Service/Special Funding Initiatives program in the University System of Georgia for the Georgia Youth Science and Technology program and create a Georgia Youth Science and Technology subprogram. State General Funds $50,000 2400 JOURNAL OF THE SENATE 280.100 -Public Service / Special Funding Initiatives Appropriation (HB 106) 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 $25,253,326 $25,253,326 $25,303,326 State General Funds $25,253,326 $25,253,326 $25,303,326 TOTAL PUBLIC FUNDS $25,253,326 $25,253,326 $25,303,326 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 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 281.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $28,000 $28,000 $28,000 281.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $23,618 $23,618 $23,618 281.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $104,358 $104,358 $104,358 281.4 Increase funds for the employer share of health insurance. State General Funds $15,884 $15,884 $15,884 281.5 Reduce funds for personnel for the University System Office. State General Funds ($133,097) ($133,097) ($133,097) 281.6 Reduce funds for operations to GALILEO. State General Funds ($77,488) ($77,488) ($77,488) 281.7 Transfer funds from the Department of Education to the University System of Georgia for GALILEO. (H and S:Transfer funds for GALILEO and the SIRS Discovery subscription from the Department of Education) State General Funds $125,512 $232,302 $232,302 FRIDAY, MARCH 22, 2013 2401 281.8 Utilize existing funds to fund the adjustment in the per student rate for the Regional Contract Optometry Program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 281.100 -Regents Central Office Appropriation (HB 106) 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 $8,318,053 $8,318,053 $8,318,053 $8,424,843 $8,424,843 $8,424,843 $8,424,843 $8,424,843 $8,424,843 Research Consortium Continuation Budget 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 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 $6,293,244 282.1 Reduce funds for personnel. State General Funds ($6,430) ($6,430) ($6,430) 282.2 Reduce funds for operations. State General Funds ($182,367) ($182,367) ($182,367) 282.100 -Research Consortium Appropriation (HB 106) 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 State General Funds TOTAL PUBLIC FUNDS $6,104,447 $6,104,447 $6,104,447 $6,104,447 $6,104,447 $6,104,447 $6,104,447 $6,104,447 $6,104,447 2402 JOURNAL OF THE SENATE 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $350,000 $4,879,925 $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $350,000 $4,879,925 $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $350,000 $4,879,925 283.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $6,657 $6,657 $6,657 283.2 Increase fund for the employer share of health insurance ($6,093) and retiree health benefits ($9,693). State General Funds $15,786 $15,786 $15,786 283.3 Reduce funds for personnel. State General Funds ($36,879) ($36,879) ($36,879) 283.100 -Skidaway Institute of Oceanography Appropriation (HB 106) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,214,869 $1,214,869 $1,214,869 State General Funds $1,214,869 $1,214,869 $1,214,869 TOTAL AGENCY FUNDS $3,650,620 $3,650,620 $3,650,620 Intergovernmental Transfers $2,750,620 $2,750,620 $2,750,620 University System of Georgia Research Funds $2,750,620 $2,750,620 $2,750,620 Rebates, Refunds, and Reimbursements $550,000 $550,000 $550,000 Rebates, Refunds, and Reimbursements Not Itemized $550,000 $550,000 $550,000 FRIDAY, MARCH 22, 2013 2403 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $350,000 $350,000 $4,865,489 $350,000 $350,000 $4,865,489 $350,000 $350,000 $4,865,489 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 University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS $1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,764,391,687 $137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648 $1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,764,391,687 $137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648 $1,631,690,795 $1,631,690,795 $4,183,908,853 $1,901,920,206 $1,764,391,687 $137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648 284.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $175,222 $175,222 $175,222 284.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $11,592,074 $11,592,074 $11,592,074 284.3 Reduce funds for personnel. State General Funds ($27,500,000) ($27,500,000) ($27,500,000) 284.4 Reduce funds for operations. State General Funds ($21,449,974) ($21,449,974) ($21,449,974) 284.5 Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions. State General Funds $62,854,468 $62,915,613 $62,915,613 2404 JOURNAL OF THE SENATE 284.6 Increase funds for the employer share of health insurance ($10,137,873) and retiree health benefits ($5,708,131). State General Funds $15,846,004 $15,846,004 $15,846,004 284.7 Increase funds to adjust the debt service payback amount for projects constructed at Georgia Tech ($2,086,405), Kennesaw State University ($412,934), and University of Georgia ($3,403,192). State General Funds $5,902,531 $5,902,531 $5,902,531 284.8 Reduce funds for one-time funding added in HB742 (2012 Session) for the Southern Legislative Conference's Center for Advancement of Leadership Skills Program at Georgia State University. State General Funds ($25,000) ($25,000) ($25,000) 284.9 Reduce funds for the special appropriation for Georgia Gwinnett College to reflect a decreased rate of enrollment growth. (H:Reduce the $16.5 million special appropriation for Georgia Gwinnett College by $8.25 million to reflect transition to formula earnings)(S:It is the intent of the General Assembly that the Special Funding Initiative for Georgia Gwinnett College be phased out over a 7 year period beginning in FY2015 in accordance with the plan developed by Georgia Gwinnett College and the University System of Georgia) State General Funds ($5,000,000) ($8,250,000) $0 284.10 Reduce funds for one-time funding for a teaching Eminent Scholar. State General Funds ($500,000) ($500,000) ($500,000) 284.11 Transfer $6,744,968 from the Georgia Gwinnett College special appropriation to the funding formula to provide Georgia Gwinnett College with full enrollment growth for the final class added in FY2012. State General Funds $0 $0 284.12 Reflect the absence of special enrollment appropriations for Abraham Baldwin Agricultural College, Albany State University, Armstrong Atlantic State University, Atlanta Metropolitan State College, Bainbridge State College, Clayton State University, College of Coastal Georgia, Columbus State University, Dalton State College, Darton State College, East Georgia State College, Fort Valley State University, Georgia College and State University, Georgia Highlands College, Georgia Institute of Technology, Georgia Perimeter College, Georgia Regents University, Georgia Southern University, Georgia Southwestern State University, Georgia State University, Gordon State College, Kennesaw State University, Middle Georgia State College, Savannah State University, South Georgia State College, Southern Polytechnic State University, University of Georgia, University of North Georgia, University of West Georgia, and Valdosta State University. (S:NO) State General Funds $0 $0 FRIDAY, MARCH 22, 2013 2405 284.13 Increase funds for the Carl Vinson Institute of Government training contract. (S:Recognize Carl Vinson Institute training contract remaining in State Accounting Office) State General Funds $90,000 $0 284.14 Transfer funds from the Department of Education to the University System of Georgia for the Georgia Youth Science and Technology program. (S:Transfer funds from the Department of Education to the Public Service/Special Funding Initiatives program in the University System of Georgia for the Georgia Youth Science and Technology program) State General Funds $50,000 $0 284.100 -Teaching Appropriation (HB 106) 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 $1,673,586,120 $1,670,537,265 $1,678,647,265 State General Funds $1,673,586,120 $1,670,537,265 $1,678,647,265 TOTAL AGENCY FUNDS $4,183,908,853 $4,183,908,853 $4,183,908,853 Intergovernmental Transfers $1,901,920,206 $1,901,920,206 $1,901,920,206 University System of Georgia Research Funds $1,764,391,687 $1,764,391,687 $1,764,391,687 Intergovernmental Transfers Not Itemized $137,528,519 $137,528,519 $137,528,519 Rebates, Refunds, and Reimbursements $138,766,875 $138,766,875 $138,766,875 Rebates, Refunds, and Reimbursements Not Itemized $138,766,875 $138,766,875 $138,766,875 Sales and Services $2,143,221,772 $2,143,221,772 $2,143,221,772 Sales and Services Not Itemized $478,309,723 $478,309,723 $478,309,723 Tuition and Fees for Higher Education $1,664,912,049 $1,664,912,049 $1,664,912,049 TOTAL PUBLIC FUNDS $5,857,494,973 $5,854,446,118 $5,862,556,118 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 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 2406 JOURNAL OF THE SENATE 285.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $8,867 $8,867 $8,867 285.2 Increase funds for the employer share of health insurance. State General Funds $14,511 $14,511 $14,511 285.100 -Veterinary Medicine Experiment Station Appropriation (HB 106) 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 $2,569,841 $2,569,841 $2,569,841 State General Funds $2,569,841 $2,569,841 $2,569,841 TOTAL PUBLIC FUNDS $2,569,841 $2,569,841 $2,569,841 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 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 286.1 Eliminate funds for the Veterinary Medicine Teaching Hospital. (H and S:Reduce funds for the Veterinary Medicine Teaching Hospital) State General Funds ($429,039) ($42,904) ($42,904) 286.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 106) 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. FRIDAY, MARCH 22, 2013 2407 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $9,621,951 $9,621,951 $9,621,951 $9,621,951 $386,135 $386,135 $9,621,951 $9,621,951 $9,621,951 $10,008,086 $386,135 $386,135 $9,621,951 $9,621,951 $9,621,951 $10,008,086 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 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 287.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $3,588 $3,588 $3,588 287.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $14,969 $14,969 $14,969 287.3 Reduce funds for the Prep School. State General Funds ($47,522) ($47,522) ($47,522) 287.4 Reduce funds for the Junior College. State General Funds ($22,677) ($22,677) ($22,677) 287.100 -Payments to Georgia Military College Appropriation (HB 106) 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 $2,288,309 $2,288,309 $2,288,309 State General Funds $2,288,309 $2,288,309 $2,288,309 TOTAL PUBLIC FUNDS $2,288,309 $2,288,309 $2,288,309 2408 JOURNAL OF THE SENATE 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 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 288.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $100,219 $100,219 $100,219 288.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $591 $591 $591 288.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $112,625 $112,625 $112,625 288.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,439 $1,439 $1,439 288.5 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for the Discovery Education contract. (H:Transfer funds from the Department of Education for the Discovery Education Contract ($961,565) and fund related services ($500,000)) State General Funds $961,565 $1,461,565 $961,565 288.6 Reduce funds for one-time funding for special education programming. State General Funds ($50,000) ($50,000) $0 288.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 106) 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 $13,977,282 $14,477,282 $14,027,282 State General Funds $13,977,282 $14,477,282 $14,027,282 TOTAL PUBLIC FUNDS $13,977,282 $14,477,282 $14,027,282 FRIDAY, MARCH 22, 2013 2409 Section 41: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 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 TOTAL PUBLIC FUNDS Section Total - Continuation $139,713,911 $139,713,911 $139,563,911 $139,563,911 $150,000 $150,000 $518,929 $518,929 $267,422 $267,422 $251,507 $251,507 $33,608,769 $33,608,769 $435,580 $435,580 $435,580 $435,580 $32,173,189 $32,173,189 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $173,841,609 $173,841,609 Section Total - Final TOTAL STATE FUNDS $174,865,383 State General Funds $174,431,600 Tobacco Settlement Funds $433,783 TOTAL FEDERAL FUNDS $371,507 Federal Funds Not Itemized $120,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $251,507 TOTAL AGENCY FUNDS $3,138,566 Intergovernmental Transfers $225,580 Intergovernmental Transfers Not Itemized $225,580 Sales and Services $2,912,986 Sales and Services Not Itemized $2,912,986 TOTAL PUBLIC FUNDS $178,375,456 $174,038,484 $173,604,701 $433,783 $371,507 $120,000 $251,507 $3,138,566 $225,580 $225,580 $2,912,986 $2,912,986 $177,548,557 $139,713,911 $139,563,911 $150,000 $518,929 $267,422 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609 $174,583,495 $174,149,712 $433,783 $371,507 $120,000 $251,507 $3,138,566 $225,580 $225,580 $2,912,986 $2,912,986 $178,093,568 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. 2410 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 289.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $162,513 $162,513 289.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $630,437 $630,437 289.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sales and Services Not Itemized Total Public Funds: $141,369 ($140,000) $1,369 $141,369 ($140,000) $1,369 289.4 Reduce funds for personnel and operations. State General Funds ($490,687) ($490,687) $162,513 $630,437 $141,369 ($140,000) $1,369 ($490,687) 289.100 -Customer Service Appropriation (HB 106) 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 $14,207,028 $14,207,028 $14,207,028 State General Funds $14,207,028 $14,207,028 $14,207,028 TOTAL AGENCY FUNDS $225,580 $225,580 $225,580 Intergovernmental Transfers $225,580 $225,580 $225,580 Intergovernmental Transfers Not Itemized $225,580 $225,580 $225,580 TOTAL PUBLIC FUNDS $14,432,608 $14,432,608 $14,432,608 FRIDAY, MARCH 22, 2013 2411 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 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 290.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $119,697 $119,697 290.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $140,097 $140,097 290.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $10,733 $10,733 290.4 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sanctions, Fines, and Penalties Not Itemized Sales and Services Not Itemized Total Public Funds: $503,695 ($60,000) ($424,210) $19,485 $503,695 ($60,000) ($424,210) $19,485 290.5 Reduce funds for utilities due to the closing of the Tradeport building. State General Funds $119,697 $140,097 $10,733 $503,695 ($60,000) ($424,210) $19,485 ($150,000) 290.100 -Departmental Administration Appropriation (HB 106) 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. 2412 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,348,041 $7,348,041 $7,348,041 $7,348,041 $7,348,041 $7,348,041 $7,198,041 $7,198,041 $7,198,041 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 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 291.1 Reduce funds to align budget with expenditures. State General Funds ($111,899) ($111,899) 291.100 -Forest Land Protection Grants Appropriation (HB 106) 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 $14,184,250 $14,072,351 $14,072,351 State General Funds $14,184,250 $14,072,351 $14,072,351 TOTAL PUBLIC FUNDS $14,184,250 $14,072,351 $14,072,351 Fraud Detection and Prevention Continuation Budget 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 State General Funds 292.1 Increase funds for the Fraud Detection and Prevention System contract. State General Funds $0 $0 $625,000 $0 $0 $625,000 FRIDAY, MARCH 22, 2013 2413 292.100 -Fraud Detection and Prevention Appropriation (HB 106) 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 $625,000 $625,000 State General Funds $625,000 $625,000 TOTAL PUBLIC FUNDS $625,000 $625,000 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $3,041,834 $2,891,834 $150,000 $518,929 $267,422 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 $3,041,834 $2,891,834 $150,000 $518,929 $267,422 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 $3,041,834 $2,891,834 $150,000 $518,929 $267,422 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 293.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $101,168 $101,168 293.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $70,049 $70,049 293.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds $2,450,580 $2,450,580 $101,168 $70,049 $2,450,580 2414 JOURNAL OF THE SENATE Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds: ($1,822,000) ($500,000) $128,580 293.4 Increase funds to offset the loss of federal funds for underage enforcement activity. Tobacco Settlement Funds Federal Funds Not Itemized Total Public Funds: $283,783 ($147,422) $136,361 ($1,822,000) ($500,000) $128,580 $283,783 ($147,422) $136,361 ($1,822,000) ($500,000) $128,580 $283,783 ($147,422) $136,361 293.100 -Industry Regulation Appropriation (HB 106) 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 $5,947,414 $5,947,414 $5,947,414 State General Funds $5,513,631 $5,513,631 $5,513,631 Tobacco Settlement Funds $433,783 $433,783 $433,783 TOTAL FEDERAL FUNDS $371,507 $371,507 $371,507 Federal Funds Not Itemized $120,000 $120,000 $120,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $251,507 $251,507 $251,507 TOTAL AGENCY FUNDS $99,996 $99,996 $99,996 Sales and Services $99,996 $99,996 $99,996 Sales and Services Not Itemized $99,996 $99,996 $99,996 TOTAL PUBLIC FUNDS $6,418,917 $6,418,917 $6,418,917 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 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 FRIDAY, MARCH 22, 2013 2415 294.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $69,917 $69,917 294.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $420,291 $420,291 294.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sales and Services Not Itemized Total Public Funds: $3,774,947 ($3,095,000) $679,947 $3,774,947 ($3,095,000) $679,947 $69,917 $420,291 $3,774,947 ($3,095,000) $679,947 294.100 -Local Government Services Appropriation (HB 106) 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 $6,084,193 $6,084,193 $6,084,193 State General Funds $6,084,193 $6,084,193 $6,084,193 TOTAL PUBLIC FUNDS $6,084,193 $6,084,193 $6,084,193 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 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 295.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,834,118 $1,834,118 $9,232,474 $9,232,474 $9,232,474 $1,834,118 295.100 -Local Tax Officials Retirement and FICA Appropriation (HB 106) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $11,066,592 $11,066,592 $11,066,592 State General Funds $11,066,592 $11,066,592 $11,066,592 TOTAL PUBLIC FUNDS $11,066,592 $11,066,592 $11,066,592 2416 JOURNAL OF THE SENATE 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 296.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $127,594 $127,594 296.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,171,504 $2,171,504 296.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sales and Services Not Itemized Total Public Funds: $4,031,080 ($3,950,000) $81,080 $4,031,080 ($3,950,000) $81,080 $127,594 $2,171,504 $4,031,080 ($3,950,000) $81,080 296.4 Reduce funds for one-time funding in HB742 (2012 Session) for enhanced call center support services and technology upgrades to assist in the implementation of Georgia Tax Reform, HB386 (2012 Session). State General Funds ($2,370,000) ($2,370,000) ($2,370,000) 296.5 Utilize other funds to provide the second step of the three-year replacement schedule for county GRATIS printers to assist in the implementation of Georgia Tax Reform. (H:YES)(S:YES) State General Funds $0 $0 296.6 Prepare to reduce Unified Carrier Registration revenue and transfer administration to the Department of Public Safety effective July 1, 2014. (H:YES)(S:YES) State General Funds $0 $0 FRIDAY, MARCH 22, 2013 2417 296.100 -Motor Vehicle Registration and Titling Appropriation (HB 106) 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 $18,225,386 $18,225,386 $18,225,386 State General Funds $18,225,386 $18,225,386 $18,225,386 TOTAL AGENCY FUNDS $2,490,990 $2,490,990 $2,490,990 Sales and Services $2,490,990 $2,490,990 $2,490,990 Sales and Services Not Itemized $2,490,990 $2,490,990 $2,490,990 TOTAL PUBLIC FUNDS $20,716,376 $20,716,376 $20,716,376 Office of Special Investigations Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 297.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $42,779 $42,779 $42,779 297.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $70,049 $70,049 $70,049 297.3 Increase funds for 11 fraud detection analysts estimated to increase revenue collections by $16,500,000 in FY2014. State General Funds $695,011 297.100 -Office of Special Investigations Appropriation (HB 106) 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 $3,823,719 $3,823,719 $4,518,730 2418 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $3,823,719 $3,823,719 $3,823,719 $3,823,719 $4,518,730 $4,518,730 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 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 298.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $112,660 $112,660 298.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $70,049 $70,049 298.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds $3,972 $3,972 298.4 Reduce funds for personnel. State General Funds ($369,016) ($369,016) 298.5 Reduce funds for operations. State General Funds ($800,000) ($800,000) $112,660 $70,049 $3,972 ($369,016) ($800,000) 298.100 -Revenue Processing Appropriation (HB 106) The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information. TOTAL STATE FUNDS $13,261,024 $13,261,024 $13,261,024 State General Funds $13,261,024 $13,261,024 $13,261,024 TOTAL PUBLIC FUNDS $13,261,024 $13,261,024 $13,261,024 Tax Compliance Continuation Budget The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $35,779,600 $35,779,600 $35,779,600 FRIDAY, MARCH 22, 2013 2419 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $55,615,593 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $55,615,593 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $55,615,593 299.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $728,449 $728,449 299.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $560,388 $560,388 299.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds $19,655,481 Sales and Services Not Itemized ($19,403,993) Intergovernmental Transfers Not Itemized ($210,000) Total Public Funds: $41,488 $19,655,481 ($19,403,993) ($210,000) $41,488 299.4 Reduce funds for personnel to reflect projected expenditures. State General Funds ($3,387,430) ($4,727,430) $728,449 $560,388 $19,655,481 ($19,403,993) ($210,000) $41,488 ($4,727,430) 299.100 -Tax Compliance Appropriation (HB 106) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $53,336,488 $51,996,488 $51,996,488 State General Funds $53,336,488 $51,996,488 $51,996,488 TOTAL AGENCY FUNDS $222,000 $222,000 $222,000 Sales and Services $222,000 $222,000 $222,000 Sales and Services Not Itemized $222,000 $222,000 $222,000 TOTAL PUBLIC FUNDS $53,558,488 $52,218,488 $52,218,488 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. 2420 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 $1,610,939 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 $1,610,939 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 $1,610,939 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 300.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $48,892 $48,892 300.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $280,193 $280,193 300.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sanctions, Fines, and Penalties Not Itemized Sales and Services Not Itemized Total Public Funds: $1,061,837 ($440,000) ($425,000) $196,837 $1,061,837 ($440,000) ($425,000) $196,837 $48,892 $280,193 $1,061,837 ($440,000) ($425,000) $196,837 300.100 -Tax Policy Appropriation (HB 106) 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 $3,001,861 $3,001,861 $3,001,861 State General Funds $3,001,861 $3,001,861 $3,001,861 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 $3,101,861 $3,101,861 $3,101,861 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. FRIDAY, MARCH 22, 2013 2421 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 301.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $254,384 $254,384 301.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,591,795 $2,591,795 301.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds $44,105 $44,105 $254,384 $2,591,795 $44,105 301.100 -Technology Support Services Appropriation (HB 106) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $24,379,387 $24,379,387 $24,379,387 State General Funds $24,379,387 $24,379,387 $24,379,387 TOTAL PUBLIC FUNDS $24,379,387 $24,379,387 $24,379,387 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 $30,930,113 $30,930,113 $30,930,113 $30,930,113 $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 $32,572,296 $32,572,296 $30,930,113 $30,930,113 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296 2422 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $26,457,302 $26,457,302 $85,000 $85,000 $1,024,512 $20,000 $20,000 $1,004,512 $1,004,512 $27,566,814 $26,475,392 $26,475,392 $85,000 $85,000 $1,024,512 $20,000 $20,000 $1,004,512 $1,004,512 $27,584,904 $26,467,644 $26,467,644 $85,000 $85,000 $1,024,512 $20,000 $20,000 $1,004,512 $1,004,512 $27,577,156 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 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 302.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,165 $25,165 $25,165 302.2 Reduce funds for personnel and eliminate five filled and five vacant positions. State General Funds ($607,626) ($607,626) ($607,626) 302.3 Transfer funds and 10 positions from the Secretary of State to the Board of Regents for archives and records maintenance. FRIDAY, MARCH 22, 2013 2423 State General Funds Record Center Storage Fees Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized Total Public Funds: ($3,851,428) ($435,771) ($21,900) ($75,000) ($4,384,099) ($3,851,428) ($435,771) ($21,900) ($75,000) ($4,384,099) ($3,851,428) ($435,771) ($21,900) ($75,000) ($4,384,099) 302.4 Utilize existing funds and transfer two positions from the Archives and Records program to the Office Administration program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 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 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 303.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $27,057 $27,057 303.2 Reduce funds for personnel to reflect projected expenditures. State General Funds ($21,196) ($21,196) $27,057 ($21,196) 303.100 -Corporations Appropriation (HB 106) 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 $1,267,132 $1,267,132 $1,267,132 State General Funds $1,267,132 $1,267,132 $1,267,132 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 2424 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $739,512 $739,512 $2,006,644 $739,512 $739,512 $2,006,644 $739,512 $739,512 $2,006,644 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 $4,789,720 $4,789,720 $85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720 $4,789,720 $4,789,720 $85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720 $4,789,720 $4,789,720 $85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720 304.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $39,748 $39,748 304.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $339,599 $339,599 $39,748 $339,599 304.100 -Elections Appropriation (HB 106) The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $5,169,067 $5,169,067 $5,169,067 State General Funds $5,169,067 $5,169,067 $5,169,067 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 FRIDAY, MARCH 22, 2013 2425 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $50,000 $50,000 $5,304,067 $50,000 $50,000 $5,304,067 $50,000 $50,000 $5,304,067 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 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 305.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $109,436 $109,436 $109,436 305.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $5,664 $5,664 $5,664 305.3 Reduce funds for personnel to reflect projected expenditures. (H and S:Reduce funds for personnel and transfer $70,830 to the Professional Licensing Board program for call center employees) State General Funds ($301,436) ($372,266) ($372,266) 305.4 Utilize existing funds and transfer two positions from the Archives and Records program to the Office Administration program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 305.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($7,748) 305.100 -Office Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $5,931,562 $5,860,732 $5,852,984 2426 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,931,562 $15,000 $15,000 $15,000 $5,946,562 $5,860,732 $15,000 $15,000 $15,000 $5,875,732 $5,852,984 $15,000 $15,000 $15,000 $5,867,984 Professional Licensing Boards Continuation Budget The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 306.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $102,766 $102,766 $102,766 306.2 Reduce funds for one-time funding for revision of the mandatory surveys required for RN, APRN, and LPN license renewals. State General Funds ($27,000) ($27,000) ($27,000) 306.3 Transfer funds from the Office Administration program ($70,830) and the Securities program ($35,628) to the Professional Licensing Boards program to fund call center employees. State General Funds $106,458 $106,458 306.100 -Professional Licensing Boards Appropriation (HB 106) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $7,086,965 $7,193,423 $7,193,423 State General Funds $7,086,965 $7,193,423 $7,193,423 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 FRIDAY, MARCH 22, 2013 2427 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $150,000 $7,236,965 $150,000 $150,000 $7,343,423 $150,000 $150,000 $7,343,423 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 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 307.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,424 $13,424 $13,424 307.2 Reduce funds for personnel to reflect projected expenditures. (H and S:Reduce funds for personnel and transfer $35,620 to the Professional Licensing Board program for call center employees) State General Funds ($42,420) ($78,048) ($78,048) 307.100 -Securities Appropriation (HB 106) 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 $804,895 $769,267 $769,267 State General Funds $804,895 $769,267 $769,267 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 $854,895 $819,267 $819,267 2428 JOURNAL OF THE SENATE 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 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 308.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $6,199 $6,199 308.2 Reduce funds for operations. State General Funds ($7,563) ($7,563) $6,199 ($7,563) 308.100 -Commission on the Holocaust, Georgia Appropriation (HB 106) 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 $250,740 $250,740 $250,740 State General Funds $250,740 $250,740 $250,740 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 $270,740 $270,740 $270,740 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 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 FRIDAY, MARCH 22, 2013 2429 309.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $31,424 $31,424 309.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $34,757 $34,757 309.3 Reduce funds for personnel to reflect projected expenditures. State General Funds ($231,893) ($231,893) 309.4 Reduce funds for operations. State General Funds ($25,251) ($25,251) $31,424 $34,757 ($231,893) ($25,251) 309.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 106) 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 $1,750,734 $1,750,734 $1,750,734 State General Funds $1,750,734 $1,750,734 $1,750,734 TOTAL PUBLIC FUNDS $1,750,734 $1,750,734 $1,750,734 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 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 310.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $49,787 $49,787 310.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,380 $4,380 310.3 Reduce funds for personnel to reflect projected expenditures. State General Funds ($108,871) ($108,871) $49,787 $4,380 ($108,871) 2430 JOURNAL OF THE SENATE 310.100 -Real Estate Commission Appropriation (HB 106) 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 $2,889,561 $2,889,561 $2,889,561 State General Funds $2,889,561 $2,889,561 $2,889,561 TOTAL PUBLIC FUNDS $2,889,561 $2,889,561 $2,889,561 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 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 311.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $20,781 $20,781 311.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $731 $731 311.3 Reduce funds for one-time funding of information technology upgrades. State General Funds ($59,045) ($59,045) 311.4 Increase funds for information technology contract management. State General Funds $18,090 $20,781 $731 ($59,045) $18,090 311.100 -Government Transparency and Campaign Finance Commission, Georgia Appropriation (HB 106) 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. FRIDAY, MARCH 22, 2013 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section 43: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS 2431 $1,306,646 $1,306,646 $1,306,646 $1,324,736 $1,324,736 $1,324,736 $1,324,736 $1,324,736 $1,324,736 Section Total - Continuation $2,652,481 $2,652,481 $2,652,481 $2,652,481 $1,267,312 $1,267,312 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $811,298 $811,298 $811,298 $486,728 $486,728 $224,918 $224,918 $224,918 $224,918 $261,810 $261,810 $261,810 $261,810 $5,217,819 $5,217,819 Section Total - Final $2,576,645 $2,576,645 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,141,983 $2,614,036 $2,614,036 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,179,374 $2,652,481 $2,652,481 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,217,819 $2,574,826 $2,574,826 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,140,164 2432 JOURNAL OF THE SENATE Commission Administration Continuation Budget The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 312.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $15,240 $15,240 312.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,485) ($3,485) 312.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,067 $1,067 312.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds $15,240 ($3,485) $1,067 ($1,819) 312.100 -Commission Administration Appropriation (HB 106) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $757,603 $757,603 $755,784 State General Funds $757,603 $757,603 $755,784 TOTAL PUBLIC FUNDS $757,603 $757,603 $755,784 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 $238,237 $238,237 $932,290 $932,290 $238,237 $238,237 $932,290 $932,290 $238,237 $238,237 $932,290 $932,290 FRIDAY, MARCH 22, 2013 2433 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $632,184 $632,184 $632,184 $1,802,711 $632,184 $632,184 $632,184 $1,802,711 $632,184 $632,184 $632,184 $1,802,711 313.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $3,048 $3,048 313.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($540) ($540) 313.3 Reduce funds for operations. State General Funds ($5,473) ($5,473) 313.4 Reduce funds for personnel and replace with other funds. State General Funds ($37,391) $0 $3,048 ($540) ($5,473) ($37,391) 313.100 -Conservation of Agricultural Water Supplies Appropriation (HB 106) 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 $197,881 $235,272 $197,881 State General Funds $197,881 $235,272 $197,881 TOTAL FEDERAL FUNDS $932,290 $932,290 $932,290 Federal Funds Not Itemized $932,290 $932,290 $932,290 TOTAL AGENCY FUNDS $632,184 $632,184 $632,184 Intergovernmental Transfers $632,184 $632,184 $632,184 Intergovernmental Transfers Not Itemized $632,184 $632,184 $632,184 TOTAL PUBLIC FUNDS $1,762,355 $1,799,746 $1,762,355 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. 2434 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,383,592 $1,383,592 $334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 $1,383,592 $1,383,592 $334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 $1,383,592 $1,383,592 $334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 314.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,252 $25,252 314.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,983) ($1,983) 314.3 Reduce funds for personnel. State General Funds ($16,122) ($16,122) $25,252 ($1,983) ($16,122) 314.100 -Conservation of Soil and Water Resources Appropriation (HB 106) 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 $1,390,739 $1,390,739 $1,390,739 State General Funds $1,390,739 $1,390,739 $1,390,739 TOTAL FEDERAL FUNDS $334,275 $334,275 $334,275 Federal Funds Not Itemized $334,275 $334,275 $334,275 FRIDAY, MARCH 22, 2013 2435 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,390,856 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,390,856 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,390,856 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 $747 $747 $123,989 $123,242 $123,242 $747 $747 $123,989 $123,242 $123,242 $747 $747 $123,989 315.1 Reduce funds for personnel and replace with existing federal funds. State General Funds ($24,740) ($24,740) ($24,740) 315.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 106) 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 $98,502 $98,502 $98,502 State General Funds $98,502 $98,502 $98,502 TOTAL FEDERAL FUNDS $747 $747 $747 Federal Funds Not Itemized $747 $747 $747 TOTAL PUBLIC FUNDS $99,249 $99,249 $99,249 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. 2436 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 316.1 Reduce funds for personnel and replace with other funds. State General Funds 316.2 Reduce funds for operations. State General Funds $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 ($9,040) ($21,669) ($9,040) ($21,669) ($9,040) ($21,669) 316.100 -Water Resources and Land Use Planning Appropriation (HB 106) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $131,920 $131,920 $131,920 State General Funds $131,920 $131,920 $131,920 TOTAL PUBLIC FUNDS $131,920 $131,920 $131,920 Section 44: 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 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Section Total - Continuation $640,153,723 $640,153,723 $34,316,177 $34,316,177 $605,837,546 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $641,735,855 $641,735,855 Section Total - Final $635,748,886 $37,103,303 $598,645,583 $230,950 $230,950 $230,950 $629,111,466 $30,465,883 $598,645,583 $230,950 $230,950 $230,950 $640,153,723 $34,316,177 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $641,735,855 $634,426,472 $35,780,889 $598,645,583 $713,673 $230,950 $230,950 FRIDAY, MARCH 22, 2013 2437 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $635,979,836 $0 $0 $629,342,416 $482,723 $482,723 $635,140,145 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 317.1 Increase funds to meet projected need and offset unavailable other funds. (H:Adjust based on FY2013 actuals) State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: $3,554,164 ($569,682) $2,984,482 $2,042,895 ($569,682) $1,473,213 $2,100,000 ($569,682) $1,530,318 317.100 -Accel Appropriation (HB 106) 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 $10,054,164 $8,542,895 $8,600,000 State General Funds $10,054,164 $8,542,895 $8,600,000 TOTAL PUBLIC FUNDS $10,054,164 $8,542,895 $8,600,000 Engineer Scholarship Continuation Budget The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and retain those students as engineers in the State. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 2438 JOURNAL OF THE SENATE 318.1 Increase funds based on projected need. State General Funds $131,750 $131,750 318.100 -Engineer Scholarship Appropriation (HB 106) 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 $701,750 $701,750 State General Funds $570,000 $701,750 $701,750 TOTAL PUBLIC FUNDS $570,000 $701,750 $701,750 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 $1,094,862 319.100 -Georgia Military College Scholarship Appropriation (HB 106) 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 FRIDAY, MARCH 22, 2013 2439 320.100 -HERO Scholarship Appropriation (HB 106) 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 $7,922,124 $0 $7,922,124 $7,922,124 $7,922,124 $0 $7,922,124 $7,922,124 $7,922,124 $0 $7,922,124 $7,922,124 321.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $35,711 $35,711 $35,711 321.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. Lottery Proceeds $1,009 $1,009 $1,009 321.3 Increase funds for personnel and operations for REACH Georgia. Reserved Fund Balances Not Itemized $230,950 $230,950 $230,950 321.100 -HOPE Administration Appropriation (HB 106) 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 $7,958,844 $7,958,844 $7,958,844 Lottery Proceeds $7,958,844 $7,958,844 $7,958,844 TOTAL AGENCY FUNDS $230,950 $230,950 $230,950 Reserved Fund Balances $230,950 $230,950 $230,950 Reserved Fund Balances Not Itemized $230,950 $230,950 $230,950 TOTAL PUBLIC FUNDS $8,189,794 $8,189,794 $8,189,794 2440 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 $2,636,276 $0 $2,636,276 $2,636,276 $2,636,276 $0 $2,636,276 $2,636,276 $2,636,276 $0 $2,636,276 $2,636,276 322.1 Reduce funds to meet projected need. Lottery Proceeds ($705,980) ($705,980) ($705,980) 322.100 -HOPE GED Appropriation (HB 106) 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 $1,930,296 $1,930,296 $1,930,296 Lottery Proceeds $1,930,296 $1,930,296 $1,930,296 TOTAL PUBLIC FUNDS $1,930,296 $1,930,296 $1,930,296 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 $112,658,625 $0 $112,658,625 $112,658,625 $112,658,625 $0 $112,658,625 $112,658,625 $112,658,625 $0 $112,658,625 $112,658,625 323.1 Reduce funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds ($22,365,183) 323.2 Increase funds for the Strategic Industries Workforce Development Grant. Lottery Proceeds $6,500,000 ($22,365,183) $6,500,000 ($22,365,183) $6,500,000 FRIDAY, MARCH 22, 2013 2441 323.100 -HOPE Grant Appropriation (HB 106) 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 $96,793,442 $96,793,442 $96,793,442 Lottery Proceeds $96,793,442 $96,793,442 $96,793,442 TOTAL PUBLIC FUNDS $96,793,442 $96,793,442 $96,793,442 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $54,385,503 $0 $54,385,503 $54,385,503 $54,385,503 $0 $54,385,503 $54,385,503 $54,385,503 $0 $54,385,503 $54,385,503 324.1 Reduce funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds ($4,148,080) 324.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds ($2,619,498) ($4,148,080) ($2,619,498) ($4,148,080) ($2,619,498) 324.100 -HOPE Scholarships - Private Schools Appropriation (HB 106) 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 $47,617,925 $47,617,925 $47,617,925 Lottery Proceeds $47,617,925 $47,617,925 $47,617,925 TOTAL PUBLIC FUNDS $47,617,925 $47,617,925 $47,617,925 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. 2442 JOURNAL OF THE SENATE TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 325.1 Increase funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds $17,175,321 325.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds ($1,065,263) $17,175,321 ($1,065,263) $17,175,321 ($1,065,263) 325.100 -HOPE Scholarships - Public Schools Appropriation (HB 106) 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 $424,345,076 $424,345,076 $424,345,076 Lottery Proceeds $424,345,076 $424,345,076 $424,345,076 TOTAL PUBLIC FUNDS $424,345,076 $424,345,076 $424,345,076 Low Interest Loans Continuation Budget 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 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 $20,000,000 326.100 -Low Interest Loans Appropriation (HB 106) 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). FRIDAY, MARCH 22, 2013 2443 TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 $20,000,000 $20,000,000 $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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,444,576 $1,444,576 $482,723 $482,723 $482,723 $1,927,299 $1,444,576 $1,444,576 $482,723 $482,723 $482,723 $1,927,299 $1,444,576 $1,444,576 $482,723 $482,723 $482,723 $1,927,299 327.1 Reduce funds to meet projected need. Intergovernmental Transfers Not Itemized ($482,723) ($482,723) $0 327.100 -North Georgia Military Scholarship Grants Appropriation (HB 106) 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 $1,444,576 $1,444,576 $1,444,576 State General Funds $1,444,576 $1,444,576 $1,444,576 TOTAL AGENCY FUNDS $0 $0 $482,723 Intergovernmental Transfers $0 $0 $482,723 Intergovernmental Transfers Not Itemized $0 $0 $482,723 TOTAL PUBLIC FUNDS $1,444,576 $1,444,576 $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 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 2444 JOURNAL OF THE SENATE 328.100 -North Georgia ROTC Grants Appropriation (HB 106) 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 $875,000 $875,000 $875,000 State General Funds $875,000 $875,000 $875,000 TOTAL PUBLIC FUNDS $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 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 329.100 -Public Memorial Safety Grant Appropriation (HB 106) 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 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 FRIDAY, MARCH 22, 2013 2445 330.1 Reduce funds to meet projected need while maintaining the current award amount. (H:Reduce funds to meet projected need and reduce the award amount to $500) State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: ($776,371) ($529,727) ($1,306,098) ($6,034,272) ($529,727) ($6,563,999) ($776,371) ($529,727) ($1,306,098) 330.100 -Tuition Equalization Grants Appropriation (HB 106) 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 $21,119,952 $15,862,051 $21,119,952 State General Funds $21,119,952 $15,862,051 $21,119,952 TOTAL PUBLIC FUNDS $21,119,952 $15,862,051 $21,119,952 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 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 331.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $11,909 $11,909 $11,909 331.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $489 $489 $489 331.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $273 $273 $273 331.4 Reduce funds for contracts. State General Funds ($3,338) ($3,338) ($3,338) 2446 JOURNAL OF THE SENATE 331.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 106) 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 $767,988 $767,988 $767,988 State General Funds $767,988 $767,988 $767,988 TOTAL PUBLIC FUNDS $767,988 $767,988 $767,988 Section 45: 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 State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Continuation $590,000 $590,000 $590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,646,587 $31,646,587 Section Total - Final $513,000 $513,000 $31,597,589 $31,597,589 $31,597,589 $32,110,589 $513,000 $513,000 $31,597,589 $31,597,589 $31,597,589 $32,110,589 $590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587 $513,000 $513,000 $31,597,589 $31,597,589 $31,597,589 $32,110,589 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 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 332.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit. State General Funds ($77,000) ($77,000) ($77,000) FRIDAY, MARCH 22, 2013 2447 332.100 -Floor/COLA, Local System Fund Appropriation (HB 106) 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 $513,000 $513,000 $513,000 State General Funds $513,000 $513,000 $513,000 TOTAL PUBLIC FUNDS $513,000 $513,000 $513,000 System Administration Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 333.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Retirement Payments $600,482 $600,482 333.2 Reduce funds for contracts and equipment. Retirement Payments ($59,480) ($59,480) $600,482 ($59,480) 333.100 -System Administration Appropriation (HB 106) 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 2448 JOURNAL OF THE SENATE It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 12.28% for State Fiscal Year 2014. Section 46: 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 Tuition and Fees for Higher Education TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $330,570,350 $330,570,350 $330,570,350 $330,570,350 $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 $73,819,416 $73,819,416 $192,690,584 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $667,744,434 $667,744,434 $330,570,350 $330,570,350 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $667,744,434 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 Section Total - Final $305,917,034 $305,917,034 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $311,917,034 $311,917,034 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $316,417,034 $316,417,034 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 FRIDAY, MARCH 22, 2013 2449 Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $643,091,118 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $649,091,118 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $653,591,118 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 $13,473,095 $13,473,095 $20,447,889 $20,447,889 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 $13,473,095 $13,473,095 $20,447,889 $20,447,889 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 $13,473,095 $13,473,095 $20,447,889 $20,447,889 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 334.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $58,889 $58,889 $58,889 334.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $43,944 $43,944 $43,944 334.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $318 $318 $318 334.4 Reduce funds for personnel and convert six full-time positions to part-time. State General Funds ($282,508) ($282,508) ($282,508) 334.5 Reduce funds for operations. State General Funds ($121,685) ($121,685) ($121,685) 2450 JOURNAL OF THE SENATE 334.100 -Adult Literacy Appropriation (HB 106) 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 $13,172,053 $13,172,053 $13,172,053 State General Funds $13,172,053 $13,172,053 $13,172,053 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 $39,099,942 $39,099,942 $39,099,942 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 $7,944,927 $7,944,927 $657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 $7,944,927 $7,944,927 $657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 $7,944,927 $7,944,927 $657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 335.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $109,460 $109,460 $109,460 FRIDAY, MARCH 22, 2013 2451 335.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $9,128 $9,128 $9,128 335.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $18,249 $18,249 $18,249 335.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $5,607 $5,607 $5,607 335.5 Reduce funds for personnel to eliminate one filled position and one vacant position. State General Funds ($155,848) ($155,848) ($155,848) 335.6 Reduce funds for operations. State General Funds ($68,000) ($68,000) ($68,000) 335.7 Reduce funds for information technology. State General Funds ($5,000) ($5,000) ($5,000) 335.8 Reduce funds for telecommunications. State General Funds ($9,500) ($9,500) ($9,500) 335.100 -Departmental Administration Appropriation (HB 106) 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 $7,849,023 $7,849,023 $7,849,023 State General Funds $7,849,023 $7,849,023 $7,849,023 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 State Funds Transfers $110,000 $110,000 $110,000 Agency to Agency Contracts $110,000 $110,000 $110,000 TOTAL PUBLIC FUNDS $8,716,218 $8,716,218 $8,716,218 2452 JOURNAL OF THE SENATE 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 $12,578,020 $12,578,020 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 $12,578,020 $12,578,020 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 $12,578,020 $12,578,020 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 336.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $66,652 $66,652 $66,652 336.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $24,142 $24,142 $24,142 336.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $15,492 $15,492 $15,492 336.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $810 $810 $810 336.100 -Quick Start and Customized Services Appropriation (HB 106) 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 $12,685,116 $12,685,116 $12,685,116 State General Funds $12,685,116 $12,685,116 $12,685,116 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 FRIDAY, MARCH 22, 2013 2453 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,930,000 $8,930,000 $8,930,000 $22,615,116 $8,930,000 $8,930,000 $8,930,000 $22,615,116 $8,930,000 $8,930,000 $8,930,000 $22,615,116 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 Tuition and Fees for Higher Education TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584 $1,250,000 $1,250,000 $1,250,000 $597,023,308 $296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584 $1,250,000 $1,250,000 $1,250,000 $597,023,308 $296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584 $1,250,000 $1,250,000 $1,250,000 $597,023,308 337.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,610,941 $1,610,941 $1,610,941 337.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $957,518 $957,518 $957,518 337.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $345,001 $345,001 $345,001 337.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $117,725 $117,725 $117,725 2454 JOURNAL OF THE SENATE 337.5 Reduce funds for the formula to reflect a 13.0% decrease in credit hours and a 4.5% increase in square footage. (H and S:Reduce funds) State General Funds ($27,394,651) ($21,394,651) ($16,894,651) 337.100 -Technical Education Appropriation (HB 106) 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 $272,210,842 $278,210,842 $282,710,842 State General Funds $272,210,842 $278,210,842 $282,710,842 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 $61,509,416 $61,509,416 $61,509,416 Tuition and Fees for Higher Education $192,690,584 $192,690,584 $192,690,584 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 $572,659,842 $578,659,842 $583,159,842 Section 47: Transportation, Department of TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Section Total - Continuation $794,416,060 $794,416,060 $7,640,787 $7,640,787 $786,775,273 $786,775,273 $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 $794,416,060 $7,640,787 $786,775,273 $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 FRIDAY, MARCH 22, 2013 2455 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 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,011,398,143 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,011,398,143 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,011,398,143 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 $810,062,823 $6,851,633 $803,211,190 $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 $2,027,044,906 $835,930,415 $6,971,633 $828,958,782 $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 $2,052,912,498 $835,930,415 $6,971,633 $828,958,782 $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 $2,052,912,498 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 $3,064,237 $3,064,237 $3,064,237 $3,064,237 $3,064,237 $3,064,237 2456 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 338.1 Reduce funds for the state match for airport aid grants. State General Funds ($120,000) $0 338.2 Reduce funds added in HB742 (2012 Session) for airport aid projects. State General Funds ($500,000) ($500,000) 338.3 Transfer funds and six positions from the Airport Aid program to the Intermodal program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($2,444,237) ($35,537,002) ($6,350) ($37,987,589) ($2,564,237) ($35,537,002) ($6,350) ($38,107,589) $0 ($500,000) ($2,564,237) ($35,537,002) ($6,350) ($38,107,589) 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 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 339.1 Increase funds for capital outlay projects. State Motor Fuel Funds $1,737,997 $1,737,997 $1,737,997 FRIDAY, MARCH 22, 2013 2457 339.100 -Capital Construction Projects Appropriation (HB 106) 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 $213,393,476 $213,393,476 $213,393,476 State Motor Fuel Funds $213,393,476 $213,393,476 $213,393,476 TOTAL FEDERAL FUNDS $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 TOTAL PUBLIC FUNDS $888,646,175 $888,646,175 $888,646,175 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 $60,560,150 $0 $60,560,150 $128,218,385 $128,218,385 $188,778,535 $60,560,150 $0 $60,560,150 $128,218,385 $128,218,385 $188,778,535 $60,560,150 $0 $60,560,150 $128,218,385 $128,218,385 $188,778,535 340.100 -Capital Maintenance Projects Appropriation (HB 106) 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 State General Funds $74,357,642 $0 $74,357,642 $0 $74,357,642 $0 2458 JOURNAL OF THE SENATE 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 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 341.1 Increase funds to reflect a prior year adjustment in the employer share of the Employees' Retirement System. State Motor Fuel Funds $802,250 $802,250 $802,250 341.2 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $700,000 $700,000 $700,000 341.3 Increase funds. State Motor Fuel Funds $7,147,592 $7,147,592 341.100 -Construction Administration Appropriation (HB 106) 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 $75,859,892 $83,007,484 $83,007,484 State Motor Fuel Funds $75,859,892 $83,007,484 $83,007,484 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 $140,917,882 $148,065,474 $148,065,474 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. FRIDAY, MARCH 22, 2013 2459 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 $11,137,288 342.100 -Data Collection, Compliance and Reporting Appropriation (HB 106) The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs. TOTAL STATE FUNDS $2,804,774 $2,804,774 $2,804,774 State Motor Fuel Funds $2,804,774 $2,804,774 $2,804,774 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $11,137,288 $11,137,288 $11,137,288 Departmental Administration Continuation Budget The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. 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 $51,083,000 $0 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $51,083,000 $0 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $51,083,000 $0 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 2460 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $898,970 $62,821,793 $898,970 $62,821,793 $898,970 $62,821,793 343.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $618,024 $618,024 $618,024 343.100 -Departmental Administration Appropriation (HB 106) 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 $51,701,024 $51,701,024 $51,701,024 State Motor Fuel Funds $51,701,024 $51,701,024 $51,701,024 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $63,439,817 $63,439,817 $63,439,817 Intermodal Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 344.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $22,330 $22,330 344.2 Transfer funds and six positions from the Airport Aid program to the Intermodal program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: $2,444,237 $35,537,002 $6,350 $37,987,589 $2,564,237 $35,537,002 $6,350 $38,107,589 344.3 Transfer funds and two positions from the Ports and Waterways program to the Intermodal program. State General Funds $852,893 $852,893 $22,330 $2,564,237 $35,537,002 $6,350 $38,107,589 $852,893 FRIDAY, MARCH 22, 2013 2461 344.4 Transfer funds and four positions from the Rail program to the Intermodal program. State General Funds $356,891 Royalties and Rents Not Itemized $88,239 Total Public Funds: $445,130 $356,891 $88,239 $445,130 $356,891 $88,239 $445,130 344.5 Transfer funds and 22 positions from the Transit program to the Intermodal program. State General Funds $3,175,282 Sales and Services Not Itemized $6,000 Federal Funds Not Itemized $31,324,367 Total Public Funds: $34,505,649 $3,175,282 $6,000 $31,324,367 $34,505,649 $3,175,282 $6,000 $31,324,367 $34,505,649 344.99 SAC: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. House: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. Gov Rev: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. State General Funds $0 $0 $0 344.100 -Intermodal Appropriation (HB 106) The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. TOTAL STATE FUNDS $6,851,633 $6,971,633 $6,971,633 State General Funds $6,851,633 $6,971,633 $6,971,633 TOTAL FEDERAL FUNDS $66,861,369 $66,861,369 $66,861,369 Federal Funds Not Itemized $66,861,369 $66,861,369 $66,861,369 TOTAL AGENCY FUNDS $100,589 $100,589 $100,589 Royalties and Rents $88,239 $88,239 $88,239 Royalties and Rents Not Itemized $88,239 $88,239 $88,239 Sales and Services $12,350 $12,350 $12,350 Sales and Services Not Itemized $12,350 $12,350 $12,350 TOTAL PUBLIC FUNDS $73,813,591 $73,933,591 $73,933,591 Local Maintenance and Improvement Grants Continuation Budget 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. 2462 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $110,642,250 $0 $110,642,250 $110,642,250 $110,642,250 $0 $110,642,250 $110,642,250 $110,642,250 $0 $110,642,250 $110,642,250 345.1 Reduce funds for grants and benefits. State Motor Fuel Funds 345.2 Increase funds for local road improvement grants. State Motor Fuel Funds ($3,172,250) ($3,172,250) ($3,172,250) $15,000,000 $15,000,000 345.100 -Local Maintenance and Improvement Grants Appropriation (HB 106) 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 $107,470,000 $122,470,000 $122,470,000 State Motor Fuel Funds $107,470,000 $122,470,000 $122,470,000 TOTAL PUBLIC FUNDS $107,470,000 $122,470,000 $122,470,000 Local Road Assistance Administration Continuation Budget The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 346.1 Reduce funds in the Local Road Assistance Administration program for technical and financial assistance and transfer savings to the Payments to the State Road and Tollway Authority program for GRB/GARVEE debt service. State Motor Fuel Funds ($4,500,000) ($4,500,000) ($4,500,000) FRIDAY, MARCH 22, 2013 2463 346.100 -Local Road Assistance Administration Appropriation (HB 106) 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 $12,354,565 $12,354,565 $12,354,565 State Motor Fuel Funds $12,354,565 $12,354,565 $12,354,565 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 $45,708,468 $45,708,468 $45,708,468 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 $18,439,878 347.100 -Planning Appropriation (HB 106) 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 PUBLIC FUNDS $18,439,878 $18,439,878 $18,439,878 2464 JOURNAL OF THE SENATE 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 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 348.1 Reduce funds for property tax assessment to reflect projected expenditures. State General Funds ($88,919) ($88,919) 348.2 Transfer funds and two positions from the Ports and Waterways program to the Intermodal program. State General Funds ($852,893) ($852,893) ($88,919) ($852,893) 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 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 349.1 Transfer funds and four positions from the Rail program to the Intermodal program. State General Funds Royalties and Rents Not Itemized Total Public Funds: ($356,891) ($88,239) ($445,130) ($356,891) ($88,239) ($445,130) ($356,891) ($88,239) ($445,130) FRIDAY, MARCH 22, 2013 2465 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 $173,068,804 $0 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 $173,068,804 $0 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 $173,068,804 $0 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 350.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $942,474 $942,474 350.2 Increase funds for operations. State Motor Fuel Funds $2,811,738 $2,811,738 $942,474 $2,811,738 350.100 -Routine Maintenance Appropriation (HB 106) 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 $176,823,016 $176,823,016 $176,823,016 State Motor Fuel Funds $176,823,016 $176,823,016 $176,823,016 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 2466 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $642,602 $642,602 $642,602 $202,352,070 $642,602 $642,602 $642,602 $202,352,070 $642,602 $642,602 $642,602 $202,352,070 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 $59,337,643 351.100 -Traffic Management and Control Appropriation (HB 106) 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 FRIDAY, MARCH 22, 2013 2467 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 $3,277,847 $3,277,847 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 $3,277,847 $3,277,847 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 $3,277,847 $3,277,847 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 352.1 Reduce funds for the state match for local transit projects. State General Funds ($102,565) 352.2 Transfer funds and 22 positions from the Transit program to the Intermodal program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($3,175,282) ($31,324,367) ($6,000) ($34,505,649) ($102,565) ($3,175,282) ($31,324,367) ($6,000) ($34,505,649) ($102,565) ($3,175,282) ($31,324,367) ($6,000) ($34,505,649) 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 $62,351,674 $0 $62,351,674 $148,156,201 $148,156,201 $210,507,875 $62,351,674 $0 $62,351,674 $148,156,201 $148,156,201 $210,507,875 $62,351,674 $0 $62,351,674 $148,156,201 $148,156,201 $210,507,875 2468 JOURNAL OF THE SENATE 353.1 Increase funds for GRB/GARVEE debt service. State Motor Fuel Funds $11,995,684 $11,995,684 $11,995,684 353.2 Increase funds for GRB/GARVEE debt service by transferring savings from the Local Road Assistance Administration program. State Motor Fuel Funds $4,500,000 $4,500,000 $4,500,000 353.3 Increase funds to provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. State Motor Fuel Funds $3,600,000 $3,600,000 353.100 -Payments to the State Road and Tollway Authority Appropriation (HB 106) 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 $78,847,358 $82,447,358 $82,447,358 State Motor Fuel Funds $78,847,358 $82,447,358 $82,447,358 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 $227,003,559 $230,603,559 $230,603,559 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. FRIDAY, MARCH 22, 2013 2469 Section 48: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $20,429,441 $20,429,441 $20,429,441 $20,429,441 $18,260,569 $18,260,569 $18,260,569 $18,260,569 $38,690,010 $38,690,010 $20,429,441 $20,429,441 $18,260,569 $18,260,569 $38,690,010 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 $20,148,979 $20,148,979 $18,260,569 $18,260,569 $532,301 $532,301 $532,301 $38,941,849 $20,148,979 $20,148,979 $18,260,569 $18,260,569 $2,313,699 $2,313,699 $2,313,699 $40,723,247 $20,147,431 $20,147,431 $18,260,569 $18,260,569 $2,313,699 $2,313,699 $2,313,699 $40,721,699 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 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 354.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $24,408 $24,408 354.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $95,478 $95,478 354.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,699 $1,699 $24,408 $95,478 $1,699 2470 JOURNAL OF THE SENATE 354.4 Transfer funds from the Veterans Benefits program to the Departmental Administration program for one technology position. State General Funds $71,182 $71,182 $71,182 354.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($1,548) 354.100 -Departmental Administration Appropriation (HB 106) 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 $1,570,919 $1,570,919 $1,569,371 State General Funds $1,570,919 $1,570,919 $1,569,371 TOTAL PUBLIC FUNDS $1,570,919 $1,570,919 $1,569,371 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 $484,954 $484,954 $178,004 $178,004 $662,958 $484,954 $484,954 $178,004 $178,004 $662,958 $484,954 $484,954 $178,004 $178,004 $662,958 355.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,981 $13,981 $13,981 355.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 106) 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 $498,935 $498,935 $498,935 State General Funds $498,935 $498,935 $498,935 TOTAL FEDERAL FUNDS $178,004 $178,004 $178,004 FRIDAY, MARCH 22, 2013 2471 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $178,004 $676,939 $178,004 $676,939 $178,004 $676,939 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 $5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412 $5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412 $5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412 356.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $38,697 $38,697 $38,697 356.2 Reduce funds due to lowered average daily patient census. State General Funds ($251,282) ($251,282) ($251,282) 356.3 Transfer funds from the Georgia War Veterans Home-Augusta program to the Veterans Benefits program for personnel. State General Funds ($197,636) ($197,636) ($197,636) 356.4 Increase funds to recognize residency fee revenue. (H and S:YES; Reflect updated projected fee revenue to increase patient services and census) Sales and Services Not Itemized $247,897 $967,441 $967,441 356.5 Utilize existing state funds ($50,261) for the FY2013 Teachers' Retirement System contract increase. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 356.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 106) 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 $4,625,143 $4,625,143 $4,625,143 State General Funds $4,625,143 $4,625,143 $4,625,143 2472 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,286,048 $5,286,048 $247,897 $247,897 $247,897 $10,159,088 $5,286,048 $5,286,048 $967,441 $967,441 $967,441 $10,878,632 $5,286,048 $5,286,048 $967,441 $967,441 $967,441 $10,878,632 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 $7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504 $7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504 $7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504 357.1 Reduce funds due to lowered average daily patient census. State General Funds ($361,601) ($361,601) ($361,601) 357.2 Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Veterans Benefits program for personnel. State General Funds ($284,404) ($284,404) ($284,404) 357.3 Increase funds to recognize residency fee revenue. (H and S:YES; Reflect updated projected fee revenue to increase patient services and census) Sales and Services Not Itemized $284,404 $1,346,258 $1,346,258 357.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 106) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $7,188,422 $7,188,422 $7,188,422 State General Funds $7,188,422 $7,188,422 $7,188,422 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 FRIDAY, MARCH 22, 2013 2473 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $284,404 $284,404 $284,404 $15,645,903 $1,346,258 $1,346,258 $1,346,258 $16,707,757 $1,346,258 $1,346,258 $1,346,258 $16,707,757 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 $5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984 $5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984 $5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984 358.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $104,452 $104,452 $104,452 358.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $53,706 $53,706 $53,706 358.3 Transfer funds from the Georgia War Veterans Nursing Home-Augusta program ($197,636) and the Georgia War Veterans Home-Milledgeville program ($284,404) for twelve new field officer positions and two new claims and appeals positions. State General Funds $482,040 $482,040 $482,040 358.4 Transfer funds from the Veterans Benefits program to the Departmental Administration program for one technology position. State General Funds ($71,182) ($71,182) ($71,182) 358.100 -Veterans Benefits Appropriation (HB 106) The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled. TOTAL STATE FUNDS $6,265,560 $6,265,560 $6,265,560 2474 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,265,560 $4,623,440 $4,623,440 $10,889,000 $6,265,560 $4,623,440 $4,623,440 $10,889,000 $6,265,560 $4,623,440 $4,623,440 $10,889,000 Section 49: 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 $21,955,175 $21,955,175 $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $22,479,007 $22,479,007 $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $22,479,007 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $22,702,966 $22,702,966 $523,832 $523,832 $523,832 $23,226,798 $22,702,966 $22,702,966 $523,832 $523,832 $523,832 $23,226,798 $22,700,125 $22,700,125 $523,832 $523,832 $523,832 $23,223,957 Administer the Workers' Compensation Laws Continuation Budget The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 FRIDAY, MARCH 22, 2013 2475 359.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $252,115 $252,115 $252,115 359.2 Transfer funds from the Administer the Workers' Compensation Laws program to the Board Administration program for personnel. State General Funds ($54,000) ($54,000) ($54,000) 359.100 -Administer the Workers' Compensation Laws Appropriation (HB 106) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $11,445,635 $11,445,635 $11,445,635 State General Funds $11,445,635 $11,445,635 $11,445,635 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 $11,903,988 $11,903,988 $11,903,988 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 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 360.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $44,895 $44,895 360.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $449,429 $449,429 $44,895 $449,429 2476 JOURNAL OF THE SENATE 360.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,352 $1,352 $1,352 360.4 Transfer funds from the Administer the Workers' Compensation Laws program to the Board Administration program for personnel. State General Funds $54,000 $54,000 $54,000 360.5 Remit payment to the State Treasury. (Total Funds: $5,303,747)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 360.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($2,841) 360.100 -Board Administration Appropriation (HB 106) 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 $11,257,331 $11,257,331 $11,254,490 State General Funds $11,257,331 $11,257,331 $11,254,490 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 $11,322,810 $11,322,810 $11,319,969 Section 50: 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 $1,124,937,314 $1,124,937,314 $942,063,253 $942,063,253 $182,874,061 $182,874,061 $16,456,398 $16,456,398 $16,456,398 $16,456,398 $1,141,393,712 $1,141,393,712 $1,124,937,314 $942,063,253 $182,874,061 $16,456,398 $16,456,398 $1,141,393,712 TOTAL STATE FUNDS State General Funds Section Total - Final $1,203,209,769 $1,171,297,214 $1,170,178,268 $1,030,523,851 $1,024,358,888 $1,023,239,942 FRIDAY, MARCH 22, 2013 2477 State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 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 $172,685,918 $16,456,398 $16,456,398 $1,219,666,167 $146,938,326 $16,456,398 $16,456,398 $1,187,753,612 $146,938,326 $16,456,398 $16,456,398 $1,186,634,666 Continuation Budget $1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398 $1,058,371,704 $1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398 $1,058,371,704 $1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398 $1,058,371,704 361.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds $83,022,008 $83,022,008 $83,022,008 361.2 Increase funds. State General Funds $12,196,880 $5,234,857 $0 361.3 Reduce funds for debt service. State Motor Fuel Funds ($10,188,143) ($10,188,143) ($10,188,143) 361.4 Reduce funds for debt service to reflect savings from early retirements. State General Funds State Motor Fuel Funds Total Public Funds: ($255,199) ($255,199) ($4,490,263) ($25,747,592) ($30,237,855) ($4,490,263) ($25,747,592) ($30,237,855) 361.5 Redirect $1,571,620 in 20-year unspent bond proceeds from FY2010 for facility construction and renovations (HB119, Bond#397.122) and $2,922,100 in 20-year unspent bond proceeds from FY2012 for improvements and renovations (HB78, Bond#379.132) for the Department of Juvenile Justice to be used to construct a 30-bed Youth Development Campus. (Gov Rev:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 2478 JOURNAL OF THE SENATE 361.6 Repeal the authorization of $4,720,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Regular, statewide and utilize bonding authorization for additional debt capacity in the current year. State General Funds ($428,576) 361.7 Repeal the authorization of $1,530,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Exceptional Growth, statewide and utilize bonding authorization for additional debt capacity in the current year. State General Funds ($138,924) 361.8 Repeal the authorization of $3,165,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Regular Advance, statewide and utilize bonding authorization for additional debt capacity in the current year. State General Funds ($287,382) 361.100 -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 $1,126,690,852 $954,004,934 $172,685,918 $16,456,398 $16,456,398 $1,143,147,250 Appropriation (HB 106) $1,089,746,173 $1,083,656,434 $942,807,847 $936,718,108 $146,938,326 $146,938,326 $16,456,398 $16,456,398 $16,456,398 $16,456,398 $1,106,202,571 $1,100,112,832 Continuation Budget $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 Total Debt Service 5 year at 5% State General Funds $20,431,463 $21,818,706 $21,738,873 FRIDAY, MARCH 22, 2013 10 year at 5.25% State General Funds 15 year at 5.5% State General Funds 20 year at 5.5% State General Funds 20 year at 6% State General Funds Total Amount State General Funds Total Principal Amount 5 year at 5% State General Funds 10 year at 5.25% State General Funds 15 year at 5.5% State General Funds 20 year at 5.5% State General Funds 20 year at 6% State General Funds Total Amount State General Funds 2479 $4,227,920 $4,227,920 $4,227,920 $449,100 $449,100 $449,100 $45,371,834 $49,016,715 $54,067,341 $6,038,600 $6,038,600 $6,038,600 $76,518,917 $81,551,041 $86,521,834 $88,295,000 $94,290,000 $93,945,000 $32,225,000 $32,225,000 $32,225,000 $4,500,000 $4,500,000 $4,500,000 $541,430,000 $584,925,000 $645,195,000 $69,250,000 $69,250,000 $69,250,000 $735,700,000 $785,190,000 $845,115,000 2480 JOURNAL OF THE SENATE 362.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds ($83,022,008) ($83,022,008) ($83,022,008) 362.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 106) $0 $0 $0 $0 $0 $0 $0 $0 $0 Corrections, Department of 362.101 BOND: GDC multi-projects: $1,500,000 in principal for 5 years at 5%: Fund facility repairs and purchase equipment statewide. From State General Funds, $347,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $347,100 $347,100 $347,100 Corrections, Department of 362.102 BOND: GDC multi-projects: $6,940,000 in principal for 20 years at 5.5%: Fund facility renovations, security upgrades, and improvements statewide. From State General Funds, $581,572 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 $6,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $581,572 $581,572 $581,572 Corrections, Department of 362.103 BOND: GDC multi-projects: $3,500,000 in principal for 5 years at 5%: Purchase 175 replacement vehicles statewide. From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, FRIDAY, MARCH 22, 2013 2481 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $809,900 $809,900 $809,900 Corrections, Department of 362.104 BOND: Phillips State Prison: $4,500,000 in principal for 15 years at 5.5%: Fund the guaranteed energy savings performance contract. From State General Funds, $449,100 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 180 months. State General Funds $449,100 $449,100 $449,100 Pardons and Paroles, State Board of 362.111 BOND: State Board of Pardons and Paroles Multi-Projects: $775,000 in principal for 5 years at 5%: Purchase 40 vehicles for virtual office initiative statewide. From State General Funds, $179,335 is specifically appropriated for the purpose of financing projects and facilities for the State Board of Pardons and Paroles by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $179,335 $179,335 $179,335 Defense, Department of 362.121 BOND: Defense Multi-projects: $2,000,000 in principal for 20 years at 5.5%: Fund renovations of armories statewide and match federal funds. From State General Funds, $167,600 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $167,600 $167,600 $167,600 2482 JOURNAL OF THE SENATE Defense, Department of 362.122 BOND: Defense Multi-projects: $500,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide and match federal funds. From State General Funds, $115,700 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 $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 $115,700 $115,700 $115,700 Investigation, Georgia Bureau of 362.131 BOND: Savannah Branch Crime Lab: $345,000 in principal for 20 years at 5.5%: Fund replacement of the HVAC system at the crime lab building. From State General Funds, $28,911 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 $345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $28,911 $28,911 $28,911 Investigation, Georgia Bureau of 362.132 BOND: GBI Multi-Projects: $305,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide. From State General Funds, $70,577 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 $305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $70,577 $70,577 $70,577 Investigation, Georgia Bureau of 362.133 BOND: GBI Multi-Projects: $945,000 in principal for 5 years at 5%: Purchase 30 investigative replacement vehicles statewide. From State General Funds, $218,673 is specifically appropriated for the purpose of financing projects and FRIDAY, MARCH 22, 2013 2483 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 $945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $218,673 $218,673 $218,673 Juvenile Justice, Department of 362.141 BOND: DJJ Multi-Projects: $3,090,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide. From State General Funds, $715,026 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 $3,090,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $715,026 $715,026 $715,026 Juvenile Justice, Department of 362.142 BOND: DJJ Multi-Projects: $3,285,000 in principal for 20 years at 5.5%: Fund major facility improvements and renovations statewide. From State General Funds, $275,283 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 240 months. State General Funds $275,283 $275,283 $275,283 Juvenile Justice, Department of 362.143 BOND: DJJ Multi-Projects: $3,300,000 in principal for 20 years at 5.5%: Fund security upgrades and enhancements statewide. From State General Funds, $276,540 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 $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $276,540 $276,540 $276,540 2484 JOURNAL OF THE SENATE Juvenile Justice, Department of 362.144 BOND: Eastman Youth Development Campus: $105,000 in principal for 5 years at 5%: Purchase equipment for newly constructed support facilities. From State General Funds, $24,297 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 $105,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $24,297 $24,297 $24,297 Juvenile Justice, Department of 362.145 BOND: Muscogee Youth Development Campus: $445,000 in principal for 5 years at 5%: Fund the design of new housing units. From State General Funds, $102,973 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 $445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $102,973 $102,973 $102,973 Juvenile Justice, Department of 362.146 BOND: Muscogee Youth Development Campus: $100,000 in principal for 5 years at 5%: Fund the design of a vocational education facility. From State General Funds, $23,140 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $23,140 $23,140 $23,140 Juvenile Justice, Department of 362.147 BOND: Macon Youth Development Campus: $365,000 in principal for 5 years at 5%: Fund the design of new housing units. From State General Funds, $84,461 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, FRIDAY, MARCH 22, 2013 2485 enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $84,461 $84,461 $84,461 Public Safety, Department of 362.151 BOND: Patrol Posts Various: $2,500,000 in principal for 5 years at 5%: Purchase 106 replacement law enforcement patrol vehicles statewide. From State General Funds, $578,500 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $578,500 $578,500 $578,500 Public Safety, Department of 362.152 BOND: Patrol Posts Various: $285,000 in principal for 5 years at 5%: Purchase 10 replacement enforcement vehicles for the Motor Carrier Compliance Division statewide. From State General Funds, $65,949 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 $285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $65,949 $65,949 $65,949 Public Safety, Department of 362.153 BOND: Patrol Posts Various: $790,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide. From State General Funds, $182,806 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 $790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $182,806 $182,806 $182,806 2486 JOURNAL OF THE SENATE Public Safety, Department of 362.154 BOND: Patrol Posts Various: $3,000,000 in principal for 10 years at 5.25%: Purchase one replacement helicopter statewide. From State General Funds, $393,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $393,600 $393,600 $393,600 Public Safety, Department of 362.155 BOND: Public Safety Training Center: $1,655,000 in principal for 20 years at 5.5%: Fund major facility repairs, renovations, and construction. From State General Funds, $138,689 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 $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $138,689 $138,689 $138,689 Public Safety, Department of 362.156 BOND: Public Safety Training Center: $400,000 in principal for 20 years at 5.5%: Fund replacement of shoothouse training facility. From State General Funds, $33,520 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 $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $33,520 $33,520 $33,520 Public Safety, Department of 362.157 BOND: Public Safety Training Center: $425,000 in principal for 20 years at 5.5%: Construct a building for fire protection training. From State General Funds, $35,615 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, FRIDAY, MARCH 22, 2013 2487 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $35,615 $35,615 $35,615 Public Safety, Department of 362.158 BOND: Public Safety Training Center: $125,000 in principal for 5 years at 5%: Fund the resurfacing of the skid pad for driver training. From State General Funds, $28,925 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 $125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $28,925 $28,925 $28,925 Public Safety, Department of 362.159 BOND: Public Safety Training Center: $395,000 in principal for 10 years at 5.25%: Purchase one replacement fire truck. From State General Funds, $51,824 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 $395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $51,824 $51,824 $51,824 Community Affairs, Department of 362.191 BOND: Reservoirs: $4,500,000 in principal for 20 years at 6%: Fund reservoirs statewide. From State General Funds, $392,400 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $392,400 $392,400 $392,400 2488 JOURNAL OF THE SENATE Environmental Finance Authority, Georgia 362.201 BOND: Local Government Infrastructure: $21,050,000 in principal for 20 years at 5.5%: Fund the State Funded Water and Sewer Construction Loan Program. From State General Funds, $1,763,990 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 $21,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,029,370 $2,442,770 $1,763,990 Environmental Finance Authority, Georgia 362.202 BOND: Local Government Infrastructure: $4,600,000 in principal for 20 years at 5.5%: Fund the state match for the federal Clean Water State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $385,480 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 $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $293,300 $293,300 $385,480 Environmental Finance Authority, Georgia 362.203 BOND: Local Government Infrastructure: $4,600,000 in principal for 20 years at 5.5%: Fund the state match for the federal Drinking Water State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $385,480 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 $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $385,480 $385,480 $385,480 Environmental Finance Authority, Georgia 362.204 BOND: Local Government Infrastructure: $20,750,000 in principal for 20 years at 5.5%: Fund Water Supply and Reservoir Construction Loan Program. From State General Funds, $1,738,850 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 $1,738,850 $1,738,850 $1,738,850 FRIDAY, MARCH 22, 2013 2489 Economic Development, Department of 362.211 BOND: Georgia World Congress Center: $11,750,000 in principal for 20 years at 6%: Fund infrastructure improvements related to the College Football Hall of Fame. (H and S:Fund infrastructure improvements) From State General Funds, $1,024,600 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 $11,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,024,600 $1,024,600 $1,024,600 Economic Development, Department of 362.212 BOND: Georgia World Congress Center: $3,250,000 in principal for 20 years at 5.5%: Fund renovations and upgrades to Building B. From State General Funds, $272,350 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 $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $272,350 $272,350 $272,350 Ports Authority, Georgia 362.221 BOND: Ports Authority: $50,000,000 in principal for 20 years at 5.5%: Fund the Savannah Harbor Deepening Project and match federal funds. From State General Funds, $4,190,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,190,000 $4,190,000 $4,190,000 Transportation, Department of 362.231 BOND: Rail Lines: $2,760,000 in principal for 20 years at 5.5%: Fund continuance of the Nunez to Vidalia Line Rehabilitation project, the rehabilitation of the line from Summerville to Lyerly (Summerville to Chattooga County), replace the failing closed wood deck bridge with an open bridge timber structure on the Georgia Central Railway in Laurens County and replace the failing closed wood deck bridge with an open timber bridge on the Georgia Central Railway in Twiggs County. 2490 JOURNAL OF THE SENATE From State General Funds, $231,288 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $231,288 Education, Department of 362.301 BOND: K - 12 Schools: $148,050,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Regular for local school construction. From State General Funds, $12,406,590 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 $148,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $12,426,702 $12,406,590 $12,406,590 Education, Department of 362.302 BOND: K - 12 Schools: $29,510,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $2,472,938 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 $29,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,472,938 $2,472,938 $2,472,938 Education, Department of 362.303 BOND: K - 12 Schools: $21,350,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Low Wealth for local school construction. (S:Redirect sold but unused bonds for this project) From State General Funds, $1,789,130 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 $21,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,084,944 $2,019,580 $1,789,130 FRIDAY, MARCH 22, 2013 2491 Education, Department of 362.304 BOND: K - 12 Schools: $3,110,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Additional Project Specific Low Wealth for local school construction, Terrell County. From State General Funds, $260,618 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $3,110,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $260,618 $260,618 $260,618 Education, Department of 362.305 BOND: K - 12 Equipment: $25,000,000 in principal for 10 years at 5.25%: Purchase 328 school buses statewide. 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 120 months. State General Funds $3,280,000 $3,280,000 $3,280,000 Education, Department of 362.306 BOND: K - 12 Equipment: $7,000,000 in principal for 5 years at 5%: Fund technology infrastructure upgrades for local school districts statewide. From State General Funds, $1,619,800 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,619,800 $1,619,800 $1,619,800 Education, Department of 362.307 BOND: K - 12 Equipment: $3,600,000 in principal for 5 years at 5%: Fund vocational equipment statewide. From State General Funds, $833,040 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $833,040 $833,040 Education, Department of 362.308 BOND: State Schools: $1,935,000 in principal for 20 years at 5.5%: Fund facility improvements and repairs at the State Schools. 2492 JOURNAL OF THE SENATE From State General Funds, $162,153 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $162,153 $162,153 Education, Department of 362.309 BOND: DOE Locations Statewide: $1,875,000 in principal for 20 years at 5.5%: Fund building construction and renovation at the FFA/FCCLA Center and Camp John Hope. From State General Funds, $157,125 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $157,125 $157,125 Building Authority, Georgia 362.411 BOND: GBA multi-projects: $3,000,000 in principal for 20 years at 5.5%: Fund facility improvements and renovations. From State General Funds, $251,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $251,400 $251,400 $251,400 Revenue, Department of 362.421 BOND: Department of Revenue Equipment: $10,000,000 in principal for 5 years at 5%: Fund replacement of the Georgia Registration and Title Information System (GRATIS). From State General Funds, $2,314,000 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, FRIDAY, MARCH 22, 2013 2493 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 $2,314,000 $2,314,000 $2,314,000 Georgia Vocational Rehabilitation Agency 362.491 BOND: Roosevelt Warm Springs Institute for Rehabilitation: $760,000 in principal for 5 years at 5%: Fund electrical repairs at Kress, Founders, Builders, and Georgia Halls. From State General Funds, $175,864 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Vocational Rehabilitation Agency by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $175,864 $175,864 $175,864 Behavioral Health and Developmental Disabilities, Department of 362.501 BOND: Central State Hospital: $820,000 in principal for 20 years at 5.5%: Fund replacement of the HVAC system in the Education and Work Activities Center Building. (S:Redirect sold but unused bonds for this project) From State General Funds, $68,716 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 $820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $77,096 $77,096 $68,716 Behavioral Health and Developmental Disabilities, Department of 362.502 BOND: Atlanta Regional Hospital: $0 in principal for 5 years at 5%: Fund a new food delivery system. (S:Redirect sold but unused bonds for this project) State General Funds $218,673 $218,673 $0 Veterans Service, Department of 362.521 BOND: Georgia War Veterans Nursing Homes, Various: $525,000 in principal for 20 years at 5.5%: Fund facility repairs and renovations. From State General Funds, $43,995 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, 2494 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 $525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $43,995 $43,995 $43,995 University System of Georgia, Board of Regents 362.601 BOND: Regents: $44,525,000 in principal for 20 years at 5.5%: Fund major improvements and renovations statewide. From State General Funds, $3,731,195 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $44,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,190,000 $4,190,000 $3,731,195 University System of Georgia, Board of Regents 362.602 BOND: Dalton State College: $2,100,000 in principal for 5 years at 5%: Purchase equipment for the new academic building. From State General Funds, $485,940 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $485,940 $485,940 $485,940 University System of Georgia, Board of Regents 362.603 BOND: Georgia College and State University: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the renovation of Ennis Hall. From State General Funds, $231,400 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $231,400 $231,400 $231,400 FRIDAY, MARCH 22, 2013 2495 University System of Georgia, Board of Regents 362.604 BOND: Georgia Gwinnett College: $3,000,000 in principal for 5 years at 5%: Purchase equipment for the new Allied Health Building. From State General Funds, $694,200 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $694,200 $694,200 $694,200 University System of Georgia, Board of Regents 362.605 BOND: Georgia Regents University: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Consolidated Medical Education Commons. From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,157,000 $1,157,000 $1,157,000 University System of Georgia, Board of Regents 362.606 BOND: Georgia Institute of Technology: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Engineered Biosystems Building. From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,157,000 $1,157,000 $1,157,000 University System of Georgia, Board of Regents 362.607 BOND: University of Georgia: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Veterinary Medical Learning Center. From State General Funds, $1,157,000 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, 2496 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 $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 $1,157,000 $1,157,000 $1,157,000 University System of Georgia, Board of Regents 362.608 BOND: Valdosta State University: $3,800,000 in principal for 5 years at 5%: Purchase equipment for the new Health Science Building. From State General Funds, $879,320 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $879,320 $879,320 $879,320 University System of Georgia, Board of Regents 362.609 BOND: Georgia State University: $58,800,000 in principal for 20 years at 5.5%: Construct the Humanities - Law Building. From State General Funds, $4,927,440 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 $58,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,927,440 $4,927,440 $4,927,440 University System of Georgia, Board of Regents 362.610 BOND: Georgia Southern University: $10,000,000 in principal for 20 years at 5.5%: Design, construct and purchase equipment for the Health Services and Counseling Center. From State General Funds, $838,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $838,000 $838,000 $838,000 FRIDAY, MARCH 22, 2013 2497 University System of Georgia, Board of Regents 362.611 BOND: Georgia Regents University: $45,000,000 in principal for 20 years at 6%: Construct the Cancer Research Building. From State General Funds, $3,924,000 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. State General Funds $3,924,000 $3,924,000 $3,924,000 University System of Georgia, Board of Regents 362.612 BOND: Middle Georgia State College: $10,000,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for a Military and Veterans Academic and Training Center. From State General Funds, $838,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $838,000 $838,000 $838,000 University System of Georgia, Board of Regents 362.613 BOND: Georgia Research Alliance: $12,500,000 in principal for 5 years at 5%: Purchase equipment and fund research and development infrastructure. From State General Funds, $2,892,500 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 $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,892,500 $2,892,500 $2,892,500 University System of Georgia, Board of Regents 362.614 BOND: Georgia Public Telecommunications Commission: $3,760,000 in principal for 5 years at 5%: Fund facility repairs and equipment. From State General Funds, $870,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, 2498 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 $3,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $870,064 $870,064 $870,064 University System of Georgia, Board of Regents 362.615 BOND: University of Georgia: $2,600,000 in principal for 20 years at 5.5%: Fund renovations of the Fine Arts Building. From State General Funds, $217,880 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $108,940 $217,880 University System of Georgia, Board of Regents 362.616 BOND: Kennesaw State University: $4,400,000 in principal for 20 years at 5.5%: Fund renovations of the Sturgis Library. From State General Funds, $368,720 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $368,720 $368,720 University System of Georgia, Board of Regents 362.617 BOND: Abraham Baldwin Agricultural College: $4,300,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for the Lab Sciences Building. From State General Funds, $360,340 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $180,170 $360,340 FRIDAY, MARCH 22, 2013 2499 University System of Georgia, Board of Regents 362.618 BOND: University of North Georgia: $1,000,000 in principal for 20 years at 5.5%: Fund renovations for the science building, Gainesville Campus. From State General Funds, $83,800 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 $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 $83,800 $83,800 University System of Georgia, Board of Regents 362.619 BOND: Bainbridge College: $3,000,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for the classroom-lab building. From State General Funds, $251,400 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 $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 $251,400 $251,400 University System of Georgia, Board of Regents 362.620 BOND: College of Coastal Georgia: $2,000,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Commons South. From State General Funds, $167,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $167,600 $167,600 University System of Georgia, Board of Regents 362.621 BOND: Southern Polytechnic State University: $2,500,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Building D (Math). From State General Funds, $209,500 is specifically appropriated for the purpose of financing projects and 2500 JOURNAL OF THE SENATE facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $209,500 $209,500 University System of Georgia, Board of Regents 362.622 BOND: Georgia Institute of Technology: $1,875,000 in principal for 20 years at 5.5%: Fund renovations of the Lloyd W. Chapin Building. From State General Funds, $157,125 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $157,125 $157,125 University System of Georgia, Board of Regents 362.623 BOND: Dalton State College: $4,600,000 in principal for 20 years at 5.5%: Fund renovations of the Health Sciences Building. From State General Funds, $385,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $192,740 $385,480 University System of Georgia, Board of Regents 362.624 BOND: University of Georgia: $4,700,000 in principal for 20 years at 5.5%: Fund renovations of the Tift Building, Tifton Campus. From State General Funds, $393,860 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $196,930 $393,860 FRIDAY, MARCH 22, 2013 2501 University System of Georgia, Board of Regents 362.625 BOND: Regents: $4,000,000 in principal for 20 years at 5.5%: Fund major improvements and renovations at Cooperative Extension and Agricultural Experiment Station facilities, statewide. From State General Funds, $335,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $335,200 $335,200 University System of Georgia, Board of Regents 362.626 BOND: Regents: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the Agricultural Experiment Station, statewide. From State General Funds, $231,400 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $231,400 $231,400 University System of Georgia, Board of Regents 362.627 BOND: Public Libraries: $3,995,000 in principal for 5 years at 5%: Fund minor repairs, renovations and purchase equipment statewide. From State General Funds, $924,443 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 $3,995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $901,303 $924,443 University System of Georgia, Board of Regents 362.628 BOND: Rock Eagle 4-H Facility: $2,500,000 in principal for 20 years at 5.5%: Construct new cabins. From State General Funds, $209,500 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 2502 JOURNAL OF THE SENATE 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 $209,500 $209,500 University System of Georgia, Board of Regents 362.629 BOND: Armstrong Atlantic State University: $2,375,000 in principal for 20 years at 5.5%: Fund renovations at the Liberty Center. From State General Funds, $199,025 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $199,025 University System of Georgia, Board of Regents 362.630 BOND: Valdosta State University: $1,250,000 in principal for 20 years at 5.5%: Fund renovations at Martin Hall. From State General Funds, $104,750 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $104,750 University System of Georgia, Board of Regents 362.631 BOND: Columbus State University: $3,900,000 in principal for 20 years at 5.5%: Fund renovations at Howard Hall. From State General Funds, $326,820 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $326,820 FRIDAY, MARCH 22, 2013 2503 University System of Georgia, Board of Regents 362.632 BOND: Public Libraries: $1,600,000 in principal for 20 years at 5.5%: Fund renovations of the Perry Library, Houston County. From State General Funds, $134,080 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $134,080 University System of Georgia, Board of Regents 362.633 BOND: Public Libraries: $2,000,000 in principal for 20 years at 5.5%: Construct an expansion of the Jefferson Branch/Regional Office in Jackson County of the Piedmont Regional Library System. From State General Funds, $167,600 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Public Libraries, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $167,600 University System of Georgia, Board of Regents 362.634 BOND: Public Libraries: $900,000 in principal for 20 years at 5.5%: Construct and fund renovations for the Hiawassee Branch of the Mountain Regional Library System. From State General Funds, $75,420 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 $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 $75,420 University System of Georgia, Board of Regents 362.635 BOND: Middle Georgia State College: $3,800,000 in principal for 20 years at 5.5%: Fund renovations of Haynes Hall, Cochran Campus. From State General Funds, $318,440 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 $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $318,440 2504 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 362.636 BOND: Georgia Gwinnett College: $4,000,000 in principal for 20 years at 5.5%: Fund renovations of additional space. From State General Funds, $335,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $335,200 University System of Georgia, Board of Regents 362.637 BOND: University of West Georgia: $3,500,000 in principal for 20 years at 5.5%: Fund renovations of Murphy Field House. From State General Funds, $293,300 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 $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 $293,300 University System of Georgia, Board of Regents 362.638 BOND: Clayton State University: $16,505,000 in principal for 20 years at 5.5%: Construct a new science building. (S:Construct a new science building and utilize $395,000 in sold but unused bonds for this project) From State General Funds, $1,383,119 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,383,119 University System of Georgia, Board of Regents 362.639 BOND: Atlanta Metropolitan College: $3,800,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Sciences Building. From State General Funds, $318,440 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, FRIDAY, MARCH 22, 2013 2505 development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $318,440 Technical College System of Georgia 362.651 BOND: Altamaha Technical College: $13,500,000 in principal for 20 years at 5.5%: Construct the Golden Isles campus. From State General Funds, $1,131,300 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,131,300 $1,131,300 $1,131,300 Technical College System of Georgia 362.652 BOND: North Georgia Technical College: $3,955,000 in principal for 20 years at 5.5%: Design and construct the science addition to the Health Building. From State General Funds, $331,429 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 $3,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $331,429 $331,429 $331,429 Technical College System of Georgia 362.653 BOND: Oconee Fall Line Technical College: $5,500,000 in principal for 20 years at 5.5%: Fund renovations of the acquired school campus. From State General Funds, $460,900 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $460,900 $460,900 $460,900 2506 JOURNAL OF THE SENATE Technical College System of Georgia 362.654 BOND: Middle Georgia Technical College: $16,440,000 in principal for 20 years at 5.5%: Construct a new Health Services Center. From State General Funds, $1,377,672 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 $16,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,377,672 $1,377,672 $1,377,672 Technical College System of Georgia 362.655 BOND: Technical College Multi-Projects: $7,000,000 in principal for 5 years at 5%: Replace obsolete equipment. From State General Funds, $1,619,800 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,619,800 $1,619,800 $1,619,800 Technical College System of Georgia 362.656 BOND: Technical College Multi-Projects: $12,000,000 in principal for 20 years at 5.5%: Fund major repairs and renovations statewide. From State General Funds, $1,005,600 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $586,600 $1,005,600 $1,005,600 Technical College System of Georgia 362.657 BOND: Technical College Multi-Projects: $0 in principal for 5 years at 5%: Fund facility repair and sustainment statewide. State General Funds $1,157,000 $0 $0 FRIDAY, MARCH 22, 2013 2507 Technical College System of Georgia 362.658 BOND: Wiregrass Georgia Technical College: $12,190,000 in principal for 20 years at 5.5%: Design and construct the Allied Health and Public Safety Training Center, Coffee County Campus. From State General Funds, $1,021,522 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 $12,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $510,761 $1,021,522 Technical College System of Georgia 362.659 BOND: South Georgia Technical College: $3,485,000 in principal for 20 years at 5.5%: Fund renovations of the Transportation and Energy Building. From State General Funds, $292,043 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 $3,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $292,043 $292,043 Technical College System of Georgia 362.660 BOND: Southeastern Technical College: $8,260,000 in principal for 20 years at 5.5%: Design and construct the Health Sciences Building, Swainsboro Campus. From State General Funds, $692,188 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 $8,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $188,550 $692,188 Technical College System of Georgia 362.661 BOND: Lanier Technical College: $2,500,000 in principal for 5 years at 5%: Purchase equipment for the new classroom building, Barrow Campus. 2508 JOURNAL OF THE SENATE From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $578,500 $578,500 Technical College System of Georgia 362.662 BOND: Technical College Multi-Projects: $9,000,000 in principal for 20 years at 5.5%: Fund construction, renovation or equipment for College and Career Academies. From State General Funds, $754,200 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $754,200 Technical College System of Georgia 362.663 BOND: Altamaha Technical College: $500,000 in principal for 5 years at 5%: Fund design of a new academic building, Camden County Campus. From State General Funds, $115,700 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 $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 $115,700 Forestry Commission, State 362.701 BOND: Forestry Equipment: $3,830,000 in principal for 10 years at 5.25%: Replace firefighting equipment statewide. From State General Funds, $502,496 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, FRIDAY, MARCH 22, 2013 2509 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $502,496 $502,496 $502,496 Forestry Commission, State 362.702 BOND: Forestry Buildings: $1,000,000 in principal for 20 years at 5.5%: Fund major facility improvements and renovations statewide. From State General Funds, $83,800 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $83,800 $83,800 $83,800 Natural Resources, Department of 362.711 BOND: DNR multi-projects: $300,000 in principal for 5 years at 5%: Replace 13 law enforcement, administrative, and maintenance vehicles statewide. From State General Funds, $69,420 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $69,420 $69,420 $69,420 Natural Resources, Department of 362.712 BOND: DNR multi-projects: $800,000 in principal for 5 years at 5%: Fund facility repair and sustainment statewide. From State General Funds, $185,120 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 $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 $185,120 $185,120 $185,120 2510 JOURNAL OF THE SENATE Natural Resources, Department of 362.713 BOND: DNR multi-projects: $6,570,000 in principal for 20 years at 5.5%: Fund facility improvements and renovations statewide. From State General Funds, $550,566 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $550,566 $550,566 $550,566 Natural Resources, Department of 362.714 BOND: DNR multi-projects: $11,460,000 in principal for 20 years at 5.5%: Fund land acquisition for wildlife management areas and parks and match federal funds. From State General Funds, $960,348 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 $11,460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $960,348 $960,348 $960,348 Natural Resources, Department of 362.715 BOND: DNR State Parks: $370,000 in principal for 20 years at 5.5%: Fund miscellaneous new construction at state parks statewide. From State General Funds, $31,006 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 $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 $31,006 $31,006 $31,006 Natural Resources, Department of 362.716 BOND: DNR multi-projects: $7,000,000 in principal for 20 years at 6%: Fund land acquisition for historic preservation statewide. From State General Funds, $610,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, FRIDAY, MARCH 22, 2013 2511 extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $610,400 $610,400 $610,400 Soil and Water Conservation Commission 362.717 BOND: Soil & Water Conservation Watershed: $1,500,000 in principal for 20 years at 5.5%: Rehabilitate flood control structures. From State General Funds, $125,700 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $125,700 $125,700 Agriculture, Department of 362.741 BOND: State Farmers' Markets: $1,000,000 in principal for 20 years at 6%: Fund major repairs and renovations at state farmers' markets statewide. From State General Funds, $87,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $87,200 $87,200 $87,200 Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: 2512 JOURNAL OF THE SENATE Education, Department of 397.301 BOND: K - 12 Schools: $100,720,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular for local school construction. (CC:Fund at the $160 million entitlement level) From State General Funds, $9,145,375 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $100,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: [Bond 397.301] From State General Funds, $8,716,800 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $96,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and amended by Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (2013 Regular Session, H.B. 105, enacted by the General Assembly and pending signature by the Governor), and which as amended reads as follows: [Bond 397.302] From State General Funds, $9,309,724 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 $102,530,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. FRIDAY, MARCH 22, 2013 2513 is hereby amended to read as follows: [Bond 397.302] From State General Funds, $9,170,800 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $101,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316-317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and amended by Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2012-2013 (2013 Regular Session, H.B. 105, enacted by the General Assembly and pending signature by the Governor), and which as amended reads as follows: [Bond 397.303] From State General Funds, $7,097,382 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $78,165,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: [Bond 397.303] From State General Funds, $6,810,000 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 $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. 2514 JOURNAL OF THE SENATE Section 52: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law. Section 53: 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 54: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for the fund source categories, "Total State Funds" and "Total Federal Funds," under a caption beginning with a program or special project number that has a 100 or a higher number after the decimal and a program or special project name. In each case, such appropriation is associated with the immediately preceding program or special project name, number, and statement of program or special project purpose. The program or special project purpose is stated immediately below the program or special project name. For authorizations for general obligation debt in Section 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 light-faced after the bold-faced text are information only. Similarly, text in a group of lines that has a number less than 100 after the decimal (01 through 99) is not part of a statement of purpose but constitutes information as to how the appropriation was derived. Amounts in the columns other than the rightmost column are for informational purposes only. The summary and lowest level of detail for the fund source categories FRIDAY, MARCH 22, 2013 2515 "Total Agency Funds" and "Total Intra-State Governmental Transfers," are for informational purposes only. The blocks of text and numerals immediately following the section header and beginning with the phrases, "Section Total - Continuation" and "Section Totals - Final" are for informational purposes only. Sections 51, 52, and 53 contain, constitute, or amend appropriations. Section 55: 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 10 percent (10%) 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: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part III: Repeal Conflicting Laws All laws and parts of laws in conflict with this Act are repealed. 2516 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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. HB 106, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th moved that HB 106 be immediately transmitted to the House. On the motion, there was no objection, and HB 106 was immediately transmitted. The following communication was received by the Secretary: Committees: Senator Donzella James Economic Development District 35 Education and Youth 304-B Coverdell Legislative Office Building Special Judiciary Atlanta, GA 30334 State and Local Governmental Operations FRIDAY, MARCH 22, 2013 2517 The State Senate Atlanta, Georgia 30334 3-22-13 Please record a yes vote for Senate Appropriations Committee Substitute to HB 106 Budget. /s/ Donzella J. James Senate, 35th District The Calendar was resumed. HB 209. By Representatives Watson of the 166th, Stephens of the 164th, Parrish of the 158th, Cooper of the 43rd, Broadrick of the 4th 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 revise requirements relating to use of security paper; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Burke of the 11th. The Senate Health and Human Services Committee offered the following substitute to HB 209: 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 add and revise definitions; to revise requirements for license transfers for pharmacists licensed in another jurisdiction; to revise provisions relating to dispensing prescription drugs; to revise requirements for the use of security paper for hard copy prescription drug orders; to revise provisions relating to compounding drug products; to enable nonresident pharmacy permits; to amend Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, so as to revise the definition of "dispenser" relative to information to include for each Schedule II, III, IV, or V controlled substance prescription; to provide for related matters; to repeal conflicting laws; and for other purposes. 2518 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 paragraphs (4) and (38.5) and adding a new paragraph to Code Section 26-4-5, relating to definitions, as follows: "(4) 'Compounding' means the preparation, mixing, assembling, packaging, or labeling of a drug or device by a pharmacist or pharmacy licensed or registered by the board or by a practitioner in compliance with rules established by the board regarding pharmaceutical compounding: (A) As as the result of a practitioner's prescription drug order or initiative for a specific patient based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice; (B) For use by a practitioner in the administration of a dangerous drug or controlled substance to a patient in his or her professional practice office or setting; (C) For use within the hospital or health system in which the pharmacy is located or in which the practitioner or pharmacist practices or for use within clinics or other entities owned or operated by such hospital or health system; or (D) For for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing. Compounding also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine and regularly observed prescribing patterns." "(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.; or 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. (B) A prescription pad or paper that is an approved prescription pad or paper of the Centers for Medicare and Medicaid Services on January 1, 2013." "(40.5) 'USP-NF' means the United States Pharmacopeia and National Formulary." SECTION 2. Said chapter is further amended by revising paragraph (7) of subsection (a) of Code Section 26-4-42, relating to license transfers for pharmacists licensed in another FRIDAY, MARCH 22, 2013 2519 jurisdiction, as follows: "(7) Have successfully passed an examination examinations as determined by the board, one of which shall include an examination on Georgia pharmacy law and board regulations; and" SECTION 3. Said chapter is further amended by revising subsection (b) and subparagraph (c)(7)(B) of Code Section 26-4-80, relating to dispensing prescription drugs, 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. A pharmacist shall have the same corresponding liability for prescriptions as an issuing practitioner as set forth in 21 C.F.R. Part 1304 as such regulation exists on January 1, 2013. Valid prescription drug orders shall include those issued by a physician, dentist, podiatrist, veterinarian, or other person licensed, registered, or otherwise authorized under the laws of this state, or of any state or territory of the United States, to prescribe dangerous drugs or controlled substances or both." "(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 24 hours; or (ii) When at 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; or (iii) At least one licensed pharmacist is physically present in a hospital within this state which remotely serves only on weekends another hospital or hospitals under the same ownership or management which have an average daily census of less than ten acute patients." SECTION 4. 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 shall 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 2520 JOURNAL OF THE SENATE 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) 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 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 5. Said chapter is further amended by revising Code Section 26-4-86, relating to compounding of medications, as follows: "26-4-86. (a) The board may shall establish rules and regulations governing the compounding and distribution of drug products of medication by pharmacists, practitioners, and pharmacies licensed or registered by in this state. Such rules and regulations shall include provisions ensuring compliance with USP-NF standards. (b) All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title. (c) In regards to pharmacists compounding sterile drugs to be provided to practitioners to use in patient care or altering or repackaging such drugs for practitioners to use in patient care in the practitioner's office, such sterile compounding shall only be conducted as allowed by applicable federal law and board rule for pharmaceutical compounding using USP-NF standards for sterile compounding. Such sterile drugs may be compounded only in quantities determined by board rule following consultation FRIDAY, MARCH 22, 2013 2521 with the Georgia Composite Medical Board. No Schedule II, III, IV, or V controlled substance, as defined in Article 2 of Chapter 13 of Title 16, shall be eligible for such designation. Nothing in this subsection shall be construed to apply to pharmacies owned or operated by institutions or to pharmacists or practitioners within or employed by an institution or affiliated entity; provided, however, that pharmacies owned or operated by institutions and pharmacists and practitioners within or employed by institutions or affiliated entities shall remain subject to other rules and regulations established by the board governing the compounding of medication. (d) Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding." SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 26-4-88, relating to restrictions on dispensing of medicines, drugs, or poisons, as follows: "(b) Except as otherwise required pursuant to Code Section 26-4-86, this This chapter shall not apply to practitioners of the healing arts prescribing, compounding their own prescriptions, or dispensing drugs or medicines except as provided in Code Section 264-130." SECTION 7. Said chapter is further amended by revising paragraph (3) of Code Section 26-4-112, relating to occurrences which require immediate notification to board, as follows: "(3) Change of the pharmacist in charge of a licensed pharmacy. If upon the board being notified of such change a replacement pharmacist in charge is not named in said notification, the license of that pharmacy shall stand suspended pending further findings by the board;" SECTION 8. Said chapter is further amended by adding a new Code section to read as follows: "26-4-114.1. (a) Any person, pharmacy, or facility located outside this state may apply to the board for a nonresident pharmacy permit which shall entitle the holder thereof to ship, mail, or deliver dispensed drugs, including but not limited to dangerous drugs and controlled substances, into this state. The board shall establish an application and require such information as the board deems reasonably necessary to carry out a background investigation of applicants and to ensure that the purposes of this Code section are met. Such application shall include: (1) Proof of a valid, unexpired license, permit, or registration to operate a pharmacy in compliance with the laws and rules of each state in which the applicant receives and dispenses prescription drug orders, including but not limited to orders for prescription drugs, dangerous drugs, and controlled substances; (2) Addresses, names, and titles of all principal corporate officers and the pharmacist 2522 JOURNAL OF THE SENATE in charge of dispensing drugs to residents of this state; and (3) A statement of whether the applicant is in compliance with all lawful directions and requests for information from the regulatory or licensing agencies of each state in which the applicant is licensed as well as all requests for information made by the board pursuant to this Code section. (b) The board shall establish by rule an application fee and the biennial renewal fee for a permit under this Code section. (c) The board may only deny an application for a nonresident pharmacy permit for failure to comply with rules of the board or any requirements of this Code section or for good cause related to substantial evidence of misfeasance or malfeasance by the applicant. Applicants granted a permit under this Code section shall provide pharmacy care in a manner which does not endanger life and protects the health, safety, and welfare of the residents of this state. A pharmacy, facility, or entity licensed under Title 33 shall not be required to hold a nonresident pharmacy permit. (d) After an effective date established by rule of the board for the enforcement of the nonresident pharmacy permits, it shall be unlawful for any person, pharmacy, or facility that is located outside this state and that does not possess a nonresident pharmacy permit to ship, mail, or deliver prescription drug orders or to advertise its services in this state, or for any person who is a resident of this state to advertise the services of such person, pharmacy, or facility with the knowledge that the advertisement will or is likely to induce residents of this state to use such person, pharmacy, or facility for pharmacy care. Nothing in this subsection shall be construed to limit or prohibit interstate commerce, including but not limited to the practice of pharmacy by mail. (e) The board shall have the authority to promulgate rules and regulations governing the holder of a nonresident pharmacy permit under this Code section. Such rules and regulations shall minimally include the following requirements for nonresident pharmacy permit holders: (1) A permit holder's pharmacist in charge of dispensing drugs to residents of this state shall be licensed in his or her state of location; (2) A permit holder shall provide written notification to the board within ten days of any change of a permit holder's principal corporate officers or pharmacist in charge of dispensing drugs to residents of this state; (3) A permit holder shall file a change of location application upon any change to the permit holder's state of registration in addition to proof of the license, permit, or registration from the permit holder's new state of registration and the United States Drug Enforcement Administration registration for such new location; (4) A permit holder shall respond within ten calendar days to all communications from the board concerning emergency circumstances arising from errors in the dispensing of any drugs to residents of this state; (5) A permit holder shall provide written notification to the board of each location at which the permit holder maintains its records for all prescription drug orders dispensed to patients in this state so that the records are readily retrievable from the business records of the permit holder; and FRIDAY, MARCH 22, 2013 2523 (6) A permit holder shall maintain a toll-free telephone number operational during the permit holder's regular hours of operation but not less than six days per week for a minimum of 60 hours per week that shall be used to provide and facilitate patient counseling. Such toll-free number shall be capable of receiving inbound calls from patients to the permit holder and shall be disclosed on the label affixed to each container of all dispensed and distributed drugs. (f) The board may revoke, suspend, or refuse to renew a permit of a permit holder for failure to comply with rules of the board or with any requirement of this Code section or for conduct which causes serious bodily or psychological injury to a resident of this state, provided that the board has referred the matter involving the conduct to the regulatory or licensing agency in the state in which the permit holder is located and the regulatory or licensing agency fails to initiate an investigation into the matter within 180 days of such referral or fails, in the board's judgment, to render sufficient resolution. (g)(1) As a prerequisite to registering or renewing a registration with the board, a nonresident pharmacy conducting sterile or nonsterile compounding for practitioners to use in patient care in the practitioner's office shall submit a copy of the most recent and current inspection report resulting from an inspection conducted by the regulatory or licensing agency of the jurisdiction in which it is located that indicates compliance with the requirements of this chapter, including compliance USP-NF standards for pharmacies performing sterile and nonsterile compounding. The inspection report required by this subsection shall not be required if the compounding within the facility is done pursuant to a prescription. Such inspection report shall be deemed current for the purpose of this subsection if the inspection was conducted: (A) No more than six months prior to the date of submission of an application for registration with the board; or (B) No more than two years prior to the date of submission of an application for renewal of a registration with the board. (2) If the nonresident pharmacy conducting sterile or nonsterile compounding has not been inspected by the regulatory or licensing agency of the jurisdiction in which it is located within the timeframes required in paragraph (1) of this subsection, the board may: (A) Accept an inspection report or other documentation from another entity that is satisfactory to the board; or (B) Make a request of the appropriate regulatory or licensing agency of the jurisdiction where the pharmacy is located to cause an inspection to be conducted by an agent duly authorized by the board. A nonresident pharmacy shall be responsible for paying any inspection fee incurred pursuant to this paragraph." SECTION 9. Said chapter is further amended by revising subsection (b) of Code Section 26-4-130, relating to dispensing drugs, compliance with labeling and packaging requirements, 2524 JOURNAL OF THE SENATE records available for inspection by board, and renewal of licenses, as follows: "(b) Except as otherwise required pursuant to Code Section 26-4-86, the The other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-23 shall have the meaning provided for such term in Code Section 4334-23. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-23 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 43-34-23. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-23, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section." SECTION 10. Part 2 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to electronic data base of prescription information, is amended by revising Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription, by adding a new subsection to read as follows: "(g) For purposes of this Code section, the term 'dispenser' shall include any pharmacy or facility physically located in another state or foreign country that in any manner ships, mails, or delivers a dispensed controlled substance into this state." 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 Beach Y Bethel Y Burke Y Butler Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay FRIDAY, MARCH 22, 2013 2525 Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Gooch E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Shafer Y Sims Y Staton Y Stone 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 209, having received the requisite constitutional majority, was passed by substitute. Senator Burke of the 11th moved that HB 209 be immediately transmitted to the House. On the motion, there was no objection, and HB 209 was immediately transmitted. The following communication was received by the Secretary: Senator Steve Gooch District 51 421-C State Capitol Atlanta, GA 30334 Committees: Transportation Economic Development Appropriations Natural Resources and the Environment Rules The State Senate Atlanta, Georgia 30334 3/22/13 Secretary of Senate State Capitol Atlanta, GA 30334 Dear Ladies and Gentlemen, Please let the record show I intended to vote in favor of House Bill 209. I was unable to press the button, because my aide was talking to me. 2526 JOURNAL OF THE SENATE Thank you for understanding. Sincerely, /s/ Steve Gooch State Senator District 51 The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 158. By Senators Orrock of the 36th, Unterman of the 45th, Stone of the 23rd, Ligon, Jr. of the 3rd, Henson of the 41st and others: A BILL to be entitled an Act to amend Code Section 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. The following Senators were excused for business outside the Senate Chamber: Ligon, Jr. of the 3rd Loudermilk of the 14th The Calendar was resumed. FRIDAY, MARCH 22, 2013 2527 HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Finance Committee offered the following substitute to HB 318: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to create the Invest Georgia Fund; to provide for legislative findings; to provide for definitions; to provide for a fund administrator; to provide for reports; to provide for conditions, procedures, and limitations; to amend Code Section 487-40.30 of the Official Code of Georgia Annotated, relating to an income tax credit for certain qualified investments for a limited period of time, so as to extend such income tax credit; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide a sales tax exemption for materials to be used in certain construction projects of zoological institutions; to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the SeedCapital Fund, is amended by designating Code Sections 10-10-1 through 10-10-7 as Article 1. SECTION 2. Said chapter is further amended by revising Code Section 10-10-1, relating to definitions, as follows: "10-10-1. As used in this chapter article, the term: (1) 'Board' means the Board of Regents of the University System of Georgia. (2) 'Center' means the Advanced Technology Development Center created by the 2528 JOURNAL OF THE SENATE board and acknowledged and empowered to administer the fund by Article III, Section IX, Paragraph VI(g) of the Constitution of Georgia. (3) 'Enterprise' means a corporation, partnership, limited liability company, or other legal entity that has its principal place of business in this state and that is engaged in an entrepreneurial business, including, but not limited to, tenants of incubators. For the purposes of this chapter article, an enterprise shall not be considered to be engaged in an entrepreneurial business unless it is engaged in innovative work in the areas of technology, bioscience, manufacturing, marketing, agriculture, or information related ventures that will increase the state's share of domestic or international markets. An enterprise engaged primarily in business of a mercantile nature shall not be considered engaged in an entrepreneurial business. An enterprise shall be required to be young, as determined by the center. (4) 'Equity contribution' means: (A) Moneys from the fund used to make direct investments by the state in qualified securities of enterprises; and (B) The capital of an investment entity contributed by the fund, as created in Code Section 10-10-3, and contributed by other investors, which capital shall be used by the investment entity to make investments in qualified securities of one or more enterprises as provided by this chapter article and to pay the expenses of the investment entity but shall not include any current or accumulated income of the investment entity. (5) 'Fund' means the Seed-Capital Fund created in Code Section 10-10-3. (6) 'Incubator' means a facility that leases small units of space to tenants and which maintains or provides access to business development services for use by the tenants or member firms. (7) 'Investment entity' means a limited partnership, a limited liability company, or other legal entity, including, without limitation, any such entity as to which the state is the sole limited liability owner, providing limited liability to its owners that is formed to receive, in part, an investment by the fund or an equity return of investment from a fund loan and for which a general partner or manager manages the equity contributions by making investments in qualified securities of one or more enterprises or, in the case of an investment entity as to which the state is the sole limited liability owner, in another investment entity, as permitted by this chapter article and by paying the expenses of the investment entity. (8) 'Loan' means an advance of money from the fund to an enterprise or an investment entity on such terms as the center shall set, including, but not limited to, an absolute promise to repay the principal amount of the loan made by the recipient enterprise, and any return on investment that the center may require as a term or condition of the loan, which may include, but not be limited to, simple or compound interest or any form of equity participation. (9) 'Qualified security' means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable share, investment FRIDAY, MARCH 22, 2013 2529 contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option, warrant, or right to subscribe to or purchase any of the foregoing of an enterprise. (10) 'State' means the State of Georgia." SECTION 3. Said chapter is further amended by revising Code Section 10-10-3, relating to moneys in the fund to be handled in accordance with policies authorized by the board, as follows: "10-10-3. (a) The fund is created as a separate fund maintained by the board or a body designated by the board and shall be expended only as provided in this chapter article. Pending their use as equity contributions or as loans, the moneys in the fund may be invested and reinvested in accordance with the investment policies authorized by the board or its designee. The entire cost of administration of the fund, including expenses of the center incurred in connection with the creation, operation, management, liquidation, and investment of fund moneys in enterprises, directly or through investment entities, may be paid from the assets of the fund. All moneys appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (b) The fund shall consist of all moneys authorized by law for deposit in the fund, including, but not limited to, gifts, grants, private donations, and funds by government entities authorized to provide funding for the purposes authorized for use of the fund and any payments or returns on investments made by the center. (c) In return for equity contributions by the fund, at the discretion of the center, the state will shall receive either direct ownership of qualified securities of an enterprise or a limited liability ownership in an investment entity either directly or indirectly through an investment entity as to which the state is the sole limited liability owner as permitted in subsection (c) of Code Section 10-10-4 with rights accruing from investments in qualified securities by the investment entity. With respect to loans made from the fund, the state shall receive repayment of the loan in accordance with its terms, with cash proceeds or other assets from such repayments being deposited in or held through the fund. Additional returns to the state will shall be secured through the establishment and growth of innovative enterprises that create new, value added products, processes, and services and encourage growth and diversification in the economy of the state. (d) Disbursements from the fund shall be made upon the instruction of the center director in accordance with the policies of the board. (e) The center, subject to the approval of the board or its designee, shall be authorized to contract and have contracts and other legal documents prepared to carry out the provisions of this chapter article. (f) The board shall have the authority to issue policies governing the management and operation of the fund as needed." 2530 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended by revising Code Section 10-10-6, relating to distribution to be deposited in the fund, as follows: "10-10-6. All distributions made by an investment entity allocable to the state's limited partner interest or membership interest therein; all cash proceeds with respect to any loan, whether interest, the repayment of principal, or other amounts; or proceeds of the sale or transfer of qualified securities held directly by the fund shall be deposited in the fund for future investment in other investment entities, in other qualified securities of enterprises, for making loans as provided in this chapter article, or to pay the cost of administration of the fund as provided in this chapter article." SECTION 5. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 2 10-10-10. Pursuant to the authority granted in Article III, Section IX, Paragraph VI(g) of the Constitution, there is hereby created the Invest Georgia Fund as a distinct component of the Seed-Capital Fund. The General Assembly declares that its purpose in creating the Invest Georgia Fund and enacting this legislation is to increase the amount of private investment capital available in this state for Georgia based business enterprises in the seed, early, or growth stages of business development and which require funding, as well as for established Georgia based business enterprises developing new methods or technologies, including the promotion of research and development purposes, thereby increasing employment, creating additional wealth, and otherwise benefitting the economic welfare of the people of this state. Accordingly, it is the intention of the General Assembly that the Invest Georgia Fund make investments in support of Georgia based business enterprises in accordance with the investment policy authorized and required under this article and focus its investment policy principally on venture capital funds and private equity organizations that invest in Georgia based business enterprises. 10-10-11. As used in this article, the term: (1) 'Affiliate' means: (A) A person who, directly or indirectly, beneficially owns, controls, or holds power to vote any outstanding voting securities or other voting ownership interests of a venture capital firm; or (B) A person whose outstanding voting securities or other voting ownership interests are directly or indirectly beneficially owned, controlled, or held with power to vote by a venture capital firm. (2) 'Board' means the Invest Georgia Board created under Code Section 10-10-12. (3) 'Center' means the Advanced Technology Development Center. FRIDAY, MARCH 22, 2013 2531 (4) 'Contributed capital' means the amount of money contributed to the Invest Georgia Fund by any authorized method. (5) 'Designated capital' means the amount of money committed and invested by the Invest Georgia Fund into individual early stage venture capital funds or growth stage venture capital funds. (6) 'Early stage venture capital fund' means: (A) A fund that has at least one principal employed to direct the investment of the designated capital; (B) A fund whose principals have at least five years of experience in the venture capital, angel capital, or private equity sector by investing primarily in Georgia domiciled companies or a fund whose managers have been based, as defined by having an office, in the State of Georgia; (C) At the discretion of the fund administrator and the board, one or more early stage venture capital funds that are first-time Georgia based funds, so long as the fund managers have at least five years of experience in venture capital or angel capital investing in Georgia based business enterprises; and (D) A fund which has as its primary investment strategy the achievement of transformational economic development outcomes through focused investments of capital in seed or early stage businesses with high growth potential. The fund principals must have demonstrated the ability to lead investment rounds, advise and mentor entrepreneurs, and facilitate follow-on investments. A minimum of 10 percent of the committed capital of the fund must be committed by the institutional investors, fund principals, or other accredited investors. (7) 'Fund administrator' means a state appointed investment advisory firm consisting of experienced investment professionals that will actively pursue investment opportunities for the State of Georgia. The investment advisory firm will evaluate and select Georgia based venture capital funds, in conjunction with the Invest Georgia Board, through a rigorous due diligence process. (8) 'Growth stage venture capital fund' means: (A) A fund having its principal office and a majority of its employees in Georgia that has at least two principals employed to direct the investment of the designated capital; (B) A fund whose principals have at least five years of experience in the venture capital, angel capital, or private equity sector by investing primarily in Georgia domiciled companies or a fund whose principals have been based, as defined by having an office in the State of Georgia; and (C) A fund which has as its primary investment strategy the achievement of transformational economic development outcomes through focused investments of capital in growth stage businesses with high return potential. The fund principals must have demonstrated the ability to lead investment rounds, advise and mentor entrepreneurs, and facilitate follow-on investments. A minimum of 50 percent of the committed capital of the fund must be committed by the institutional investors, fund principals, or other accredited investors. 2532 JOURNAL OF THE SENATE (9) 'Invest Georgia Fund' means the fund created under the provisions of Code Section 10-10-15 to hold the money collected for the purposes of this article. (10) 'Qualified distribution' means any distribution or payment by the Invest Georgia Fund in connection with any of the following: (A) Costs and expenses of forming, syndicating, and organizing the Invest Georgia Fund, including fees paid for professional services, and the costs of financing and insuring the obligations of the Invest Georgia Fund, provided such payments are not made to a participating investor; (B) An annual management fee in accordance with a fund's partnership agreement, and consistent with such fund's other private investors, to offset the costs and expenses of managing and operating the Invest Georgia Fund; or (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 the Invest Georgia Fund, but not including any lobbying or governmental relations. (11) 'Qualified early stage business' or 'seed' business means a business that, at the time of the first investment in the business by a venture capital firm: (A) Has its headquarters located in the State of Georgia; (B) Has its principal business operations located in the State of Georgia and intends to maintain its principal business operations in this state after receiving an investment from the venture capital firm. In order to discourage the business from relocating outside Georgia within three years from the date of an initial investment, the investment in the business shall be subject to redemption by the venture capital firm within one year from the time the business relocates its principal business operations outside this state, unless the business maintains a significant presence in Georgia as determined by relative number of employees or relative assets remaining in Georgia following the relocation; (C) Has 20 or fewer employees; (D) Has a current gross annual revenue run rate of less than $1 million; (E) Has not obtained during its existence more than $2 million in aggregate cash proceeds from the issuance of its equity or debt investments, not including commercial loans from chartered banks or savings and loan institutions; and (F) Does not engage substantially in: (i) Retail sales; (ii) Real estate development or construction; (iii) Entertainment, amusement, recreation, or athletic or fitness activity for which an admission is charged; (iv) The business of insurance, banking, lending, financial, brokerage, or investment activities; (v) Natural resource extraction, including, but not limited to, oil, gas, or biomass; or (vi) The provision of professional services by accountants, attorneys, or physicians. FRIDAY, MARCH 22, 2013 2533 A business classified as a qualified early stage business at the time of the first qualified investment in such business shall remain classified as a qualified early stage business and may receive continuing qualified investments from venture capital firms participating in the Invest Georgia Fund. Continuing investments shall constitute qualified investments even though the business may not meet the definition of a qualified early stage business at the time of such continuing investments. (12) 'Qualified growth stage business' means a business that, at the time of the first investment in the business by a venture capital firm: (A) Has its headquarters located in the State of Georgia; (B) Is a corporation, limited liability company, or a general or limited partnership located in this state; (C) Has its principal business operations located in the State of Georgia and intends to maintain its principal business operations in this state after receiving an investment from the venture capital firm. In order to discourage the business from relocating outside Georgia within three years from the date of initial investment, the investment in the business shall be subject to redemption by the venture capital firm within one year from the time the business relocates its principal business operations outside this state, unless the business maintains a significant presence in Georgia as determined by relative number of employees or relative assets remaining in Georgia following the relocation; (D) Has 100 or fewer employees; (E) Has a current gross annual revenue run rate of more than $1 million; and (F) Does not engage substantially in: (i) Retail sales; (ii) Real estate development or construction; (iii) Entertainment, amusement, recreation, or athletic or fitness activity for which an admission is charged; (iv) The business of insurance, banking, lending, financial, brokerage, or investment activities; (v) Natural resource extraction, including, but not limited to, oil, gas, or biomass; or (vi) The provision of professional services by accountants, attorneys, or physicians. A business classified as a qualified growth stage business at the time of the first qualified investment in such business shall remain classified as a qualified growth stage business and may receive continuing qualified investments from venture capital firms participating in the Invest Georgia Fund. Continuing investments shall constitute qualified investments even though the business may not meet the definition of a qualified growth stage business at the time of such continuing investments. (13) 'Qualified investment' means the investment of money by the Invest Georgia Fund in each early stage venture capital fund or growth stage venture capital fund selected by the fund administrator. 2534 JOURNAL OF THE SENATE 10-10-12. (a) There is hereby created the Invest Georgia Board, which shall exercise the powers and perform the duties prescribed by this article. The exercise by the board of its powers and duties is hereby declared to be an essential state governmental function. The board shall be subject to all laws generally applicable to state agencies and public officials, to the extent those laws do not conflict with the provisions of this article. (b) The board shall consist of three members appointed by the Governor, one member appointed by the Lieutenant Governor, and one member appointed by the Speaker of the House of Representatives. Each appointed member shall be a resident of Georgia and shall have experience in at least one of the following areas: (1) Early stage, angel, or venture capital investing; (2) Growth stage venture capital investing; (3) Fund of funds management; or (4) Entrepreneurship. No member of the board shall be an affiliate of any venture capital fund that is selected to perform services for the board or of an insurance company. (c) The commissioner of economic development and a member of the One Georgia Authority or their designees shall serve as nonvoting members of the board. (d) Initial appointees to the board shall serve staggered terms, with all of the initial terms beginning within 30 days of the effective date of this Code section. The terms of one member appointed by the Governor and the members appointed by the Lieutenant Governor and the Speaker of the House of Representatives shall expire on December 31, 2016. The terms of the other two initial appointments by the Governor shall expire on December 31, 2018. Thereafter, terms of office for all appointees shall be for four years, with each term ending on the same day of the same month as did the term that it succeeds. A vacancy on the board shall be filled in the same manner as the original appointment, except that a person appointed to fill a vacancy shall be appointed to the remainder of the unexpired term. Any appointed member of the board shall be eligible for reappointment. (e) A member of the board may be removed by such member's appointing official for misfeasance, willful neglect of duty, or other cause, after notice and a public hearing, unless the notice and hearing are waived in writing by such member. (f) Members of the board shall serve without compensation. The Governor shall designate a member of the board to serve as chairperson. A majority of the voting members of the board shall constitute a quorum, and the affirmative vote of a majority of the voting members present shall be necessary for any action taken by the board. A vacancy in the membership of the board shall not impair the right of a quorum to exercise all rights and perform all duties of the board. (g) The board shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise, including acquisition of land from the state government, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purpose and to enter into any contracts, FRIDAY, MARCH 22, 2013 2535 leases, or other charges for the use of property or services of the board and collect and use the same as necessary to operate the board; and to accomplish any of the purposes of this article and make any purchases or sales necessary for such purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purpose, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of such property, or dispose of the same in any manner it deems to be to the best advantage of the board; (4) To appoint, select, and employ officers, agents, and employees, including real estate, environmental, engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, authorities, or agencies of the state and federal government are authorized to enter into contracts, leases, or agreements with the board upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, political subdivisions, and to the board relative to entering into contracts, lease agreements, or other undertakings authorized between the board and private corporations, both inside and outside this state, and between the board and public bodies, including counties and cities outside this state and the federal government; (6) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (7) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any authority, agency, or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such authority, agency, or instrumentality or political subdivision may require; (8) To exercise any power usually possessed by private corporations performing similar functions, provided that no such power is in conflict with the Constitution or general laws of this state; and (9) To do all things necessary or convenient to carry out the powers expressly given in this article. (h) The center shall provide the board with office space and such technical assistance as the board requires, and the board shall be attached to the center for administrative purposes. The center shall also consult with the board in connection with the administration of the Invest Georgia Fund created under this article. 10-10-13. The board's primary responsibilities shall include: 2536 JOURNAL OF THE SENATE (1) Establishing an investment policy for the selection of a fund administrator; (2) Selecting a fund administrator to administer the provisions of this article; (3) Giving final approval to allocations of designated capital to the venture capital funds selected by the fund administrator; (4) Executing and overseeing the contracts of the fund administrator in order to assure compliance with this article; and (5) Establishing a policy with respect to use of capital and profits returned to the state pursuant to the provisions of Code Section 10-10-19. 10-10-14. (a) The fund administrator shall be selected by the board through a transparent open bid process and shall be responsible for administering the Invest Georgia Fund and for making all venture capital fund selections in accordance with the investment policies developed by the board or contained in this article. (b) The fund administrator shall be responsible for selecting a group of Georgia based venture capital funds in two categories, seed or early stage venture capital funds and growth stage venture capital funds. (c) The early stage venture capital funds shall invest primarily in early or seed stage businesses and shall be selected using a transparent open bid process pursuant to guidelines developed by the board. The fund administrator shall ensure that a diverse cross section of industry sectors is represented by the selected funds, including technology, health care, life sciences, agribusiness, logistics, energy, and advanced manufacturing. (d) The growth stage venture capital funds shall be selected using a transparent open bid process pursuant to guidelines developed by the board. The fund administrator shall ensure that a diverse cross section of industry sectors is represented by the selected funds, including technology, health care, life sciences, agribusiness, logistics, energy, and advanced manufacturing. (e) In the selection of the early stage venture capital funds and the growth stage venture capital funds, the fund administrator shall consider the following factors: (1) The management structure of the venture capital fund, including: (A) The investment experience of the principals; (B) The applicant's reputation in the venture capital firm industry and the applicant's ability to attract coinvestment capital and syndicate investments in qualified businesses in Georgia; (C) The knowledge, experience, and capabilities of the applicant in subject areas relevant to venture stage businesses in Georgia; and (D) The tenure and turnover history of principals and senior investment professionals of the venture capital fund; (2) The venture capital fund's investment strategy, including: (A) The applicant's record of performance in investing in early and growth stage businesses; (B) The applicant's history of attracting coinvestment capital and syndicate FRIDAY, MARCH 22, 2013 2537 investments; (C) The soundness of the applicant's investment strategy and the compatibility of that strategy with business opportunities in Georgia; and (D) The applicant's history of job creation through investment; (3) The venture capital fund's commitment to making investments that, to the fullest extent possible: (A) Create employment opportunities in Georgia; (B) Lead to the growth of the Georgia economy and qualified businesses in Georgia; (C) Complement the research and development projects of Georgia academic institutions; and (D) Foster the development of technologies and industries that present opportunities for the growth of qualified businesses in Georgia; and (4) The venture capital fund's commitment to Georgia, including: (A) The applicant's presence in Georgia through permanent local offices or affiliation with local investment firms; (B) The local presence of senior investment professionals; (C) The applicant's history of investing in early and growth stage businesses in Georgia; (D) The applicant's ability to identify investment opportunities through working relationships with Georgia research and development institutions and Georgia based businesses; and (E) The applicant's commitment to investing an amount that matches or exceeds the amount of the applicant's designated capital received under this article in Georgia based qualified early stage businesses and qualified growth stage businesses. (f) A venture capital fund shall file an application with the board in the form required by the fund administrator. The board shall begin accepting applications no later than 60 days after the initial appointments. 10-10-15. (a) The Invest Georgia Fund is created as a separate fund maintained by the board, and moneys shall be expended only as provided in this article. (b) The Invest Georgia Fund shall be capitalized through grants from the Seed-Capital Fund, designated appropriations to the center, and private contributions to the board. (c) The capital raised shall be periodically distributed to the venture capital funds selected by the fund administrator pursuant to Code Section 10-10-14. (d) All moneys appropriated to or otherwise paid into the Invest Georgia Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (e) The entire cost of administration of the Invest Georgia Fund, including expenses of the center incurred in connection with the creation, operation, management, liquidation, and investment of fund moneys may be paid from the assets of the Invest Georgia Fund. 2538 JOURNAL OF THE SENATE 10-10-16. The Invest Georgia Fund may be funded over a five-year period through guidelines developed by the board. In the first year of the Invest Georgia Fund, the state may provide $10 million to the Invest Georgia Fund; in the second year, $15 million; in the third year, $15 million; in the fourth year, $25 million; and in the fifth year, $35 million. 10-10-17. (a) As soon as practicable after the board receives contributed capital, the board and each selected venture capital fund that has been allocated designated capital shall enter into a contract under which the allocated amount of designated capital shall be committed by the board to the selected venture capital funds for investment pursuant to this article. (b) The board shall allocate designated capital as follows: (1) Early stage venture capital funds: 40 percent of the total contributed capital in the Invest Georgia Fund shall be allocated among the early stage venture capital funds, in accordance with the following eligibility conditions and requirements: (A) Each early stage venture capital fund shall be eligible for a minimum of $10 million, up to a maximum of $15 million allocation over a five-year period or in accordance with the early stage venture capital fund's partnership agreement and concurrent with the contributions of the early stage venture capital fund's other investors; (B) Each early stage venture capital fund shall be required to obtain other independent investors. A minimum of 10 percent of the committed capital of the early stage venture capital fund shall be committed by independent institutional investors, early stage venture capital fund principals, or other accredited investors; and (C) Each early stage venture capital fund shall be required to commit, via a side letter or otherwise, to invest in Georgia based qualified early stage businesses and qualified growth stage businesses an amount that matches or exceeds the amount of the early stage venture capital fund's designated capital received under this article; (2) Growth stage venture capital funds: 60 percent of the total contributed capital in the Invest Georgia Fund shall be allocated among the growth stage venture capital funds, in accordance with the following eligibility conditions and requirements: (A) Each growth stage venture capital fund shall be eligible for an allocation of a minimum of $10 million designated capital over a five-year period or in accordance with the growth stage venture capital fund's partnership agreement and concurrent with the contributions of the growth stage venture capital fund's other investors; (B) Each growth stage venture capital fund shall be required to obtain other independent investors. A minimum of 50 percent of the committed capital of the growth stage venture capital fund shall be committed by independent institutional investors, growth stage venture capital fund principals, or other accredited investors; and FRIDAY, MARCH 22, 2013 2539 (C) Each growth stage venture capital fund shall be required to commit, via a side letter or otherwise, to invest in Georgia based qualified early stage businesses and qualified growth stage businesses an amount that matches or exceeds the amount of the growth stage venture capital fund's designated capital received under this article. 10-10-18. (a) Not later than December 31 of each year, each venture capital fund shall report to the board: (1) The amount of designated capital remaining uninvested at the end of the preceding calendar year; (2) All qualified investments made during the preceding calendar year, including the number of employees of each business at the time the qualified investment was made and as of December 31 of that year; (3) For any qualified investment in which the venture capital fund no longer has a position as of the end of the calendar year, the number of employees of the business as of the date the investment was terminated; and (4) Any other information the board requires to ascertain the impact of this article on the economy of Georgia. (b) Not later than 180 days after the end of its fiscal year, each venture capital fund shall provide to the board an audited financial statement that includes the opinion of an independent certified public accountant. (c) Not later than 60 days after the sale or other disposition of a qualified investment, the selling venture capital fund shall provide to the board a report on the amount of the interest sold or disposed of and the consideration received for the sale or disposition. 10-10-19. Designated capital and investment returns resulting from the qualified investments made under this article shall be retained and used to make additional qualified investments in venture capital funds selected by the fund administrator; provided, however, that the Invest Georgia Fund shall receive any and all returns representing the principal portion of designated capital and shall receive 80 percent of investment returns in excess of designated capital from each respective venture capital fund with the remaining 20 percent of investment returns in excess of designated capital retained by each respective venture capital fund in accordance with such venture capital fund's partnership agreement. 10-10-20. (a)(1) On or before January 1, 2015, and January 1 of each subsequent year, the fund administrator, through the board, shall submit a report on the implementation of this article to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Finance Committee and the House Committee on Ways and Means. (2) The center shall also publish the report on the center's website in a publicly 2540 JOURNAL OF THE SENATE available format. (3) The report published on the website shall not include any proprietary or confidential information. (b) The report shall include: (1) With respect to each venture capital fund or private equity organization that has received an allocation of designated capital: (A) The name and address of the venture capital fund or private equity organization; (B) The names of the individuals making qualified investments under this article; (C) The amount of designated capital received during the previous year; (D) The cumulative amount of designated capital received; (E) The amount of designated capital remaining uninvested at the end of the preceding calendar year; (F) The names and locations of qualified businesses receiving designated capital and the amount of each qualified investment; (G) The annual performance of each qualified investment, including the qualified investment's fair market value as calculated according to generally accepted accounting principles; and (H) The amount of any qualified distribution or nonqualified distribution taken during the prior year, including any management fee; (2) With respect to the Invest Georgia Fund: (A) The amount of designated capital received during the previous year; (B) The cumulative amount of designated capital received; (C) The amount of designated capital remaining uninvested at the end of the preceding calendar year; (D) The names and locations of qualified businesses receiving designated capital and the amount of each qualified investment; and (E) The annual performance of each qualified investment, including the qualified investment's fair market value as calculated according to generally accepted accounting principles; and (3) With respect to the qualified businesses in which venture capital funds have invested: (A) The classification of the qualified businesses according to the industrial sector and the size of the business; (B) The total number of jobs created in Georgia by the investment and the average wages paid for the jobs; and (C) The total number of jobs retained in Georgia as a result of the investment and the average wages paid for the jobs." SECTION 6. Code Section 48-7-40.30 of the Official Code of Georgia Annotated, relating to an income tax credit for certain qualified investments for a limited period of time, is amended by revising subsections (d), (e), (f), and (i) as follows: FRIDAY, MARCH 22, 2013 2541 "(d) Any individual person making a qualified investment directly in a qualified business in the 2011, 2012, or 2013, 2014, or 2015 calendar year shall be allowed a tax credit of 35 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. (e) Any pass-through entity making a qualified investment directly in a qualified business in the 2011, 2012, or 2013, 2014, or 2015 calendar year shall be allowed a tax credit of 35 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. Each individual who is a shareholder, partner, or member of an entity shall be allocated the credit allowed the pass-through entity in an amount determined in the same manner as the proportionate shares of income or loss of such pass-through entity would be determined. If an individual's share of the pass-through entity's credit is limited due to the maximum allowable credit under this Code section for a taxable year, the pass-through entity and its owners may not reallocate the unused credit among the other owners. (f) Tax credits claimed pursuant to this Code section shall be subject to the following conditions and limitations: (1) The qualified investor is not shall not be eligible for the credit for the taxable year in which the qualified investment is made but shall be eligible for the credit for the second taxable year beginning after the qualified investment is made as provided in subsection (d) or (e) of this Code section; (2) The aggregate amount of credit allowed an individual for one or more qualified investments in a single taxable year under this Code section, whether made directly or by a pass-through entity and allocated to such individual, shall not exceed $50,000.00; (3) In no event shall the amount of the tax credit allowed an individual under this Code section for a taxable year exceed such individual's net income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified investment was made. No such credit shall be allowed against prior years' tax liability; (4) The qualified investor's basis in the common or preferred stock, equity interest, or subordinated debt acquired as a result of the qualified investment shall be reduced for purposes of this chapter by the amount of the allowable credit; and (5) The credit shall not be transferrable by the qualified investor except to the heirs and legatees of the qualified investor upon his or her death and to his or her spouse or incident to divorce; and. (6) To be eligible for the credit provided in this Code section, the qualified investor must file an application for the credit with the commissioner on or before June 30 of the year following the calendar year in which the qualified investment was made." "(i)(1) A qualified investor seeking to claim a tax credit provided for under this Code section must shall submit an application to the commissioner for tentative approval of such tax credit between September 1 and October 31 of the year for which the tax credit is claimed or allowed. The commissioner shall promulgate the rules and forms 2542 JOURNAL OF THE SENATE on which the application is to be submitted. Amounts specified on such application shall not be changed by the qualified investor after the application is approved by the commissioner. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection as follows: (A) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2011 calendar year and claimed and allowed in the 2013 taxable year shall not exceed $10 million in such year; (B) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2012 calendar year and claimed and allowed in the 2014 taxable year shall not exceed $10 million in such year; and (C) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2013 calendar year and claimed and allowed in the 2015 taxable year shall not exceed $10 million in such year.; (D) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2014 calendar year and claimed and allowed in the 2016 taxable year shall not exceed $5 million in such year; and (E) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2015 calendar year and claimed and allowed in the 2017 taxable year shall not exceed $5 million in such year. (3) The commissioner shall notify each qualified investor of the tax credits tentatively approved and allocated to such qualified investor by December 31 of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the qualified investors who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified investor may then apply the amount of the approved tax credit to its tax liability for the tax year for which the approved application applies." SECTION 6.1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by revising paragraph (87) as follows: "(87)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2009 2013, until June 30, 2011 2015, sales of tangible personal property used for and in the renovation or expansion of a zoological institution. (B) As used in this paragraph, the term 'zoological institution' means a nonprofit wildlife park, terrestrial institution, or facility which is: (i) Open Is open to the public, that exhibits and cares for a collection consisting FRIDAY, MARCH 22, 2013 2543 primarily of animals other than fish, and has received accreditation from the Association of Zoos and Aquariums; and (ii) Located Is located in this state and owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax;" SECTION 7. Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," is amended by revising Code Section 48-8271, relating to definitions, as follows: "48-8-271. As used in this article, the term: (1) 'Agreement' means a tourism attraction an agreement for a tourism attraction project entered into, pursuant to Code Section 48-8-275, on behalf of between the Department of Community Affairs and an approved company pursuant to Code Section 48-8-275. (2) 'Annual sales and use tax' means those state and local sales and use taxes generated by sales to the general public at the approved tourism attraction during the calendar year immediately preceding the date of filing the sales and use tax refund claim. (2)(3) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other the entity that is seeking has submitted an application to undertake a tourism attraction project, which has been approved pursuant to Code Section 48-8-275 and is approved, pursuant to subsection (b) of Code Section 48-8-274, by the Governor and by the governing authority of the city where the tourism attraction project is to be located if within a city and by the governing authority of the county where the tourism attraction project is to be located. For each tourism attraction project, only one company may be approved under this article. (3)(4) 'Approved costs' means: (A) For new tourism attractions: (i) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a new tourism attraction project; (ii) The costs of acquiring real property or rights in real property and any costs incidental thereto; (iii) All costs for construction materials and equipment installed at the new 2544 JOURNAL OF THE SENATE tourism attraction project; (iv) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a new tourism attraction project which is not paid by the vendor, supplier, deliveryman, or contractor or otherwise provided; (v) All costs of architectural and engineering services, including, but not limited to, estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a new tourism attraction project; (vi) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a new tourism attraction project; (vii) All costs required for the installation of utilities, including, but not limited to, water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company; and (viii) All other costs comparable with those described in this subparagraph; or (B) For existing tourism attractions, any approved costs otherwise specified in subparagraph (A) of this paragraph; provided, however, that such costs are limited to the expansion only of an existing tourism attraction and not the renovation of an existing tourism attraction. (5) 'Approved tourism attraction' means a project that was approved pursuant to Code Section 48-8-274 and that has since opened to the public and become operational as a tourism attraction. (6) 'Expansion' means the addition of equipment, facilities, or real estate to an existing tourism attraction for the purpose of increasing its size, scope, or visitor capacity. (4)(7) 'Incremental sales and use tax' means those state and local sales and use taxes generated by the tourism attraction project above the amount of such sales and use taxes generated by the previous use of the property on which such project is located except as otherwise provided in Code Section 48-8-278 sales to the general public at the approved tourism attraction from the date on which construction of the expansion project is completed through the end of the calendar year immediately preceding the date of filing the incremental sales and use tax refund claim, less the state and local sales and use taxes that were generated by sales to the general public at the approved tourism attraction during the 12 month period immediately preceding the commencement of construction of the expansion project. (8) 'Incremental sales and use tax refund' means the amount equal to the lesser of the incremental sales and use tax or 2.5 percent of the total of all approved costs incurred at any time prior to January 1 of the year during which the claim for the incremental sales and use tax refund is filed. (9) 'Local sales and use tax' means any sales and use tax, excluding the sales tax for FRIDAY, MARCH 22, 2013 2545 educational purposes levied pursuant to Part 2 of Article 3 of this chapter and Article VIII, Section VI, Paragraph IV of the Constitution, that is levied and imposed in an area consisting of less than the entire state, however authorized. (10) 'Renovation' means the restoration, rebuilding, redesign, repair, or replacement of worn elements so that the functionality, quality, or attractiveness of buildings or structures is equivalent to a former state. (11) 'Sales and use tax refund' means the amount equal to the lesser of the annual sales and use tax or 2.5 percent of the total of all approved costs incurred at any time prior to January 1 of the year during which the claim for the sales and use tax refund is filed. (5)(12) 'Tourism attraction' means a cultural or historical site; a recreation or entertainment facility; a convention hotel and conference center; an automobile race track, including, but not limited to, Atlanta Motor Speedway, with other tourism amenities; a golf course facility with other tourism amenities; marinas and water parks with lodging and restaurant facilities designed to attract tourists to the State of Georgia; or a Georgia crafts and products center. A tourism attraction shall not include the following: (A) Facilities that are be primarily devoted to the retail sale of goods, shopping centers, restaurants, or movie theaters.; or (B) Recreational facilities that do not serve as likely destinations where individuals who are not residents of this state would remain overnight in commercial lodging at the tourism attraction. (6)(13) 'Tourism attraction project' or 'project' means includes the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction, including, but not limited to, surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company. Such term shall not include the renovation of an existing tourism attraction." SECTION 8. Said article is further amended by revising Code Section 48-8-273, relating to tourism attraction agreements, as follows: "48-8-273. (a) In the sole discretion of the Governor commissioner of economic development and the commissioner of community affairs, in consideration of the execution of the agreement, each and subject to the approved company's compliance with the terms of the agreement, an approved company shall be granted a sales and use tax refund from the incremental sales and use tax on the sales generated by the approved company and arising at the tourism attraction for new projects or an incremental sales and use tax refund for expansions of existing tourism attractions. (b) The approved company shall have no obligation to refund or otherwise return any 2546 JOURNAL OF THE SENATE amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. (c) For all tourism attractions the The term of the agreement granting the sales and use tax a refund under this article shall be ten years, commencing on the later of: (1) The final approval of the agreement for purposes of the sales and use tax refund; or (2) The the date the tourism attraction opens for business and begins to collect sales and use taxes or, for an expansion, the date construction is complete. (d) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved company's first year's refund after activation of the term and without changing the term. (e) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the incremental sales and use tax liability of the approved company or 25 percent of the approved costs for the tourism attraction project. The incremental sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to the lesser of the incremental sales and use tax liability of the approved company for that year or 2.5 percent of the approved costs. (f)(d) On or before March 31 of each year For each calendar year or partial calendar year occurring during the term of the agreement, an approved company shall file with the Department of Revenue a claim for the incremental sales and use tax refund collected by the approved company and remitted to the Department of Revenue during the preceding calendar year pursuant to subsection (e) of this Code section a refund under this article by March 31 of the following year. (g)(e) The Department of Revenue, in consultation with the Department of Community Affairs and other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the Department of Revenue to reflect the intent of this article. (h)(f) No sales and use tax refund shall be granted to an approved project which company that is during a tax year simultaneously receiving any other state tax incentive associated with any one tourism attraction project. (i)(g) Any sales and use tax refund shall be first applied to any outstanding tax obligation of the approved company which that is due and payable to the state. (h) By resolution and at the discretion of the county and city, if any, where the tourism attraction project is to be located, the local sales and use tax may be refunded under the same terms and conditions as any refund of state sales and use taxes. (i) Refunds under this article shall be made without interest." SECTION 9. Said article is further amended by revising Code Section 48-8-274, relating to an application for a tourism project, as follows: FRIDAY, MARCH 22, 2013 2547 "48-8-274. (a) The commissioner of community affairs, in consultation with the Governor and other appropriate state agencies, shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations. (b) In addition to any standards set forth pursuant to subsection (a) of this Code section, an An application for a tourism attraction project filed with the Department of Community Affairs shall include, but not be limited to: (1) Marketing plans for the tourism attraction project that target individuals who are not residents of this state; (2) A description and location of the tourism attraction project; (3) Capital and other anticipated specific expenditures for the tourism attraction project and the anticipated sources of funding for such project; (4) The anticipated employment and wages to be paid at the tourism attraction project; (5) Business plans which that indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and (6) The anticipated revenues to be generated by the tourism attraction project.; and (7) Resolutions from the governing authority of the county or the city, if any, in which the tourism attraction will be located endorsing the tourism attraction project and, where applicable, including appropriate affirmative clauses regarding permitting, land use, local incentives, and the provision of local public infrastructure. (c) Following the filing of the application, the Department of Community Affairs shall submit the application to an independent consultant who shall perform an in depth analysis of the proposed project. All costs associated with such application and analysis shall be paid for by the approved company. (d) The Governor may, in the Governor's sole discretion, commissioner of economic development and the commissioner of community affairs may grant approval to the tourism attraction project if the project shall: (1) Have approved costs in excess of $1 million and such project is to be a tourism attraction; (2) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with tourism attractions in this state and the amount by which increased state local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company; (3) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 100 days per year, including the first year of operation; (4) Not adversely affect existing employment in the this state; and (5) For each year following the third year of operation, attract a minimum of 25 percent of its visitors from nonresidents of this state; and. (6) Meet such other criteria as deemed appropriate by the Governor." 2548 JOURNAL OF THE SENATE SECTION 10. Said article is further amended by revising Code Section 48-8-275, relating to entering into an agreement with an approved company, as follows: "48-8-275. Following approval by the Governor of a project, the Department of Community Affairs shall enter into an agreement with any approved company. The agreement may which may also include as a partner any local development authority. The, and the terms and provisions of each agreement shall include, but not be limited to: (1) The projected amount of approved costs, provided that any increase in approved costs incurred by the approved company and agreed to by the Department of Community Affairs shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (e) of Code Section 48-8-273 for tax years commencing on or after July 1, 2011; (2) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Community Affairs shall grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; and (3) A statement specifying the term of the agreement in accordance with subsection (c) of Code Section 48-8-273." SECTION 11. Said article is further amended by revising Code Section 48-8-276, relating to a failure to abide by the terms of an agreement, as follows: "48-8-276. (a) Compliance with the agreement is subject to review by the Department of Community Affairs. (b) In the event an approved company fails to abide by the terms of the agreement, then such agreement shall be void and all sales and use tax proceeds which that were refunded shall become immediately due and payable back to the state and to the governing authority of any county or municipality whose approval was required under paragraph (2) of Code Section 48-8-271." SECTION 12. Said article is further amended by repealing Code Section 48-8-278, relating to the application of Article 6 of Chapter 8, the "Georgia Tourism Development Act." SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, MARCH 22, 2013 2549 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E E Ligon E Loudermilk N Lucas McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Stone 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 42, nays 4. HB 318, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Bill Heath District 31 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Finance Government Oversight The State Senate Atlanta, Georgia 30334 March 22, 2013 2550 JOURNAL OF THE SENATE REPORT OF THE MINORITY IN THE MATTER OF: SENATE FINANCE COMMMITTEE MEETING March 14, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary, Pursuant to Section 2-1.6(a), I submit the following minority report in reference to the Senate Finance Committee meeting held on March 14, 2013. As a member of the Senate Finance Committee, I strongly believe that the committee should make every effort to be fiscally responsible in its actions on bills before the committee, very carefully and deliberately maintaining the balance of protecting the state's revenue stream while guarding the financial burden on Georgia's taxpayers. This year, however, I am afraid that as a committee we have strayed far from this commitment, overlooking the rules that govern us in order to appease those in positions of control and power. Senate Rule 2-1.3 Standing Committees; Number of Members (a) The Committee on Assignments shall appoint standing committees and the maximum number of Senators which may serve on that committee as follows: FINANCE - 10 Without counting Ex-Officio members (as provided for in Senate Rule 2-3.2a), the number of committee members currently serving on the Senate Finance Committee, and noted on the Senate's official website as of March 22, 2012, is 11. Senate Rule 3-1.4 Fiscal Notes (b) Failure to request a fiscal note by November 1 or December 1 will preclude consideration by the Senate unless the committee to which a bill is assigned determines, on a specific motion, for waiver, that the bill has a significant impact, waives the November 1 or December 1 deadline, requests a fiscal note from the director of the Office of Planning and Budget and the state auditor and the chair of the committee suggests a preferred order of completion to guide the director of the Office of Planning and Budget. (O.C.G.A. 28-5-42) FRIDAY, MARCH 22, 2013 2551 (e) No substitute or amendment to any bill shall be offered which changes the version of the bill on which the most recent fiscal note was submitted until a new fiscal note covering the provisions of the substitute or amendment is supplied to the Secretary of the Senate and made available to all members. In the March 14th committee meeting, there was a great deal of concern expressed over the fact that no one really knew what language was being voted on due to the fact that there were no less than 4 versions of HB 318 in front of the committee- none of which had a fiscal note. 2-3.2 Ex-officio Members (a) In addition to the members otherwise provided for on any committee, the Committee on Assignments may add one or more ex-officio members to any committee. Ex-officio members shall count as a voting member for purposes of determining whether a quorum is present at any given meeting and may vote on any matter before the committee. The limitations provided by Rules 2-1.3 and 2-3.1 shall not apply with respect to such exofficio memberships. The Committee's vote on HB 318 was 3 to 3. The Senator from the 45th voted in the affirmative leading to a tie; the Chairman then voted in favor of the bill, breaking the tie. After the vote was taken, I questioned the Chairman as to whether the Senator from the 45th was a committee member. She and the Chairman both stated that she was. I requested a copy of the appointment letter from the Committee on Assignments and the Chairman promised it to me by the end of the day. I visited the Secretary of Senate's office after the meeting to see if a copy of the letter had been filed with his office. While he had many copies of such letters, he did not find a copy of the appointment of the Senator from the 45th as an ex-officio to the committee. As of Friday morning, the following day, I had still not received a letter or other form of confirmation from the Senate Finance Committee, Lt. Governor's Office or Secretary of the Senate. On Friday morning, March 15, 2013, I checked the Senate Finance Committee's webpage on the State Legislature's website and the Senator from the 45th was not listed as an ex-officio member. By the afternoon, the Senate's webpage had been updated to reflect her status as a member. It was not until Tuesday, March 19th that I received the letter I requested. While the letter signed by the Lt. Governor appointing the Senator from the 45th as an ex-officio member was dated February 27th, my fear is that this letter may have been created at a later date and predated. In addition to these concerns, I remember the Senator from the 45th attending a meeting of the Senate Finance Committee as an ex-officio member on February 18th. If this is truly the case, the letter should have been dated the week prior. 2552 JOURNAL OF THE SENATE Constitutionality of SB 224 and HB 318 Please see the two attached letters provided by the Office of Legislative Counsel. I want to highlight that this minority report is not solely in regards to any specific piece of legislation. It's about the process and lack of respect for the Rules we as a body have put in place to govern us. How can we as legislators expect the people of this state to follow the laws this body is enacting if we cannot follow our own? The present leadership model is not working. A committee chair, and not the majority party's leadership or the President of the Senate, should hold authority over his/her committee. We as members of the Senate should not continue to fear and give in to the wishes of the one person who currently holds control of the Senate. I don't believe that this is what our constituents elected us to do. Additionally, each one of us needs to make a firm commitment to adhere to our Senate Rules. Respectfully submitted this 20th day of March, 2013, /s/ Bill Senator Bill Heath (31) Senator Davis of the 22nd was excused for business outside the Senate Chamber. HB 131. By Representatives Clark of the 101st, Coleman of the 97th, Kaiser of the 59th, Jones of the 47th, Taylor of the 173rd 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 define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Education and Youth Committee offered the following substitute to HB 131: 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 define a certain term; to provide that FRIDAY, MARCH 22, 2013 2553 dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, is amended by revising Code Section 20-2-157, relating to uniform reporting system for certain purposes and academic eligibility requirements to receive HOPE scholarship, as follows: "20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (a.1) As used in this Code section, the term 'dual credit course' shall have the same meaning as in Code Section 20-2-159.5. (b) Each school system and private school shall adopt the reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section: (1) Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, except as otherwise provided in paragraph (3.1) of this subsection, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows: 2554 JOURNAL OF THE SENATE (A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement, a dual credit course, or international baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the this state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; (3.1) For students otherwise qualified and enrolling in the ninth grade for the first time during the 2008-2009 school year and thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section by equating each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language during the student's ninth, tenth, eleventh, or twelfth grade year to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement, a dual credit course, or international baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the this state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; and (4) Qualification for the HOPE scholarship shall be determined from the grade point average calculated either as set out in paragraph (3) of this subsection or as set out in paragraph (3.1) of this subsection for students enrolling in the ninth grade for the first time in a Georgia public school during the 2008-2009 school year and thereafter. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. For students enrolling in the ninth FRIDAY, MARCH 22, 2013 2555 grade for the first time in a Georgia public school during the 2008-2009 school year and thereafter, such students with grade point averages equal to or in excess of 3.0 on a 4.0 scale shall meet achievement standards for the HOPE scholarship. This paragraph shall apply regardless of when a student graduated from high school and regardless of such student's eligibility status prior to May 1, 2007. (c)(1) Beginning with the school year beginning after May 1, 2011, each school system and private school shall adopt the reporting system described in this subsection for purposes of determining potential eligibility for freshman, sophomore, and junior high school students for the HOPE scholarship program and other programs identified in this Code section. (2) Each school system and private school shall transmit to the Georgia Student Finance Commission, in such manner and at such times as the commission may prescribe, an electronic transcript of courses and course grades for each freshman, sophomore, and junior high school student that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for potential HOPE scholarship eligibility shall be the actual grade earned by the student with no weighting or addition of points by the school system or private school. (3) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their potential eligibility and high schools as to the potential eligibility of students. (d) Beginning with students graduating from high school on or after May 1, 2015, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least two courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of 2556 JOURNAL OF THE SENATE this subsection. (e) Beginning with students graduating from high school on or after May 1, 2016, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least three courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core courses subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection. (f) Beginning with students graduating from high school on or after May 1, 2017, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least four courses prior to graduating from high school from the following categories: (1) Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course; (2) Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course; (3) Advanced placement courses in core subjects; (3.1) Dual credit courses in core subjects; (4) International baccalaureate courses in core courses subjects; (5) Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or (6) Advanced foreign language courses. Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, MARCH 22, 2013 2557 Senators Carter of the 42nd and Sims of the 12th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to HB 131 (LC 41 0090S) by inserting after "scholarship;" on line 5 the following: to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to change the requirements to be a Zell Miller Scholar; By inserting between lines 160 and 161 the following: SECTION 1A. Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, is amended by revising paragraph (27) as follows: "(27) 'Zell Miller Scholar' means a student that who has met the applicable eligibility requirements to receive a HOPE scholarship in accordance with Code Section 20-3519.2 and: (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 his or her 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 who 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. A student that who loses eligibility to be a Zell Miller Scholar for any reason may regain eligibility one time if the student requalifies at one of the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2." 2558 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 President ordered a roll call, and the vote was as follows: N Albers N Balfour N Beach N Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance Cowsert N Crane N Crosby Y Davenport E Davis N Dugan Y Fort N Ginn N Golden N Gooch Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack E Hill, Judson N Hufstetler E Jackson, B Y Jackson, L Y James N Jeffares N Jones, B E Jones, E E Ligon N Loudermilk Y Lucas N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Ramsey Y Seay N Shafer Y Sims N Staton N Stone Y Tate Y Thompson, C E Thompson, S N Tippins N Tolleson N Unterman N Wilkinson Y Williams On the adoption of the amendment, the yeas were 15, nays 33, and the Carter of the 42nd, Sims 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 Beach Y Bethel Y Burke Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey FRIDAY, MARCH 22, 2013 2559 N Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby N Davenport E Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E E Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Seay Y Shafer N Sims Y Staton Y Stone 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 5. HB 131, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 106. The consent was granted, and the Senate insisted on its substitute to HB 106. The following Senators were excused for business outside the Senate Chamber: Cowsert of the 46th Jeffares of the 17th The Calendar was resumed. HB 175. By Representatives Hightower of the 68th, Powell of the 32nd and Fleming of the 121st: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to covenants and warranties, so as to provide that certain covenants run with the land as a matter of public policy 2560 JOURNAL OF THE SENATE of this state; to provide for related matters; to provide for an effective date and applicability; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance E Cowsert Y Crane Y Crosby Y Davenport Y Davis Dugan Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone 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 47, nays 0. HB 175, having received the requisite constitutional majority, was passed. HB 194. By Representatives Powell of the 171st, Willard of the 51st, Lindsey of the 54th, Allison of the 8th and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities and public transportation, so as to provide venue for actions against gas companies; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. FRIDAY, MARCH 22, 2013 2561 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance E Cowsert Y Crane Y Crosby Y Davenport Y Davis Dugan Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Mullis Y Murphy Y Orrock Y Ramsey Seay Y Shafer Sims Y Staton Y Stone 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 45, nays 0. HB 194, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd 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. 2562 JOURNAL OF THE SENATE The Calendar was resumed. HB 197. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Peake of the 141st, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for taxation of land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Williams of the 19th. The Senate Finance Committee offered the following substitute to HB 197: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for a revision of the requirements for land that is classified as bona fide conservation use property; to provide for changes to requirements for land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; 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 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in paragraph (1) of subsection (a) of Code Section 48-57.4, relating to bona fide conservation use property, by deleting "and" at the end of division (v) of subparagraph (D), by replacing "or" with "and" at the end of division (iv) of subparagraph (E), and by adding a new subparagraph to read as follows: "(F) The primary purpose described in this paragraph includes land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain; or" FRIDAY, MARCH 22, 2013 2563 SECTION 2. Said chapter is further amended by revising subsections (b), (c), (f), (i), (j), and (m) of Code Section 48-5-7.7, relating to the "Georgia Forest Land Protection Act of 2008," as follows: "(b) As used in this Code section, the term: (1) 'Contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (2) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence and its underlying land located on the property; as used in this subparagraph, the term 'underlying land' means the minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. This provision for excluding the underlying land of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to such a covenant, or is subject to a renewal of a previous conservation use covenant, on or after January 1, 2014; (C) Such property has as its primary use the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land. Such primary use includes land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain. Such property may, in addition, have one or more of the following secondary uses: (i) The promotion, preservation, or management of wildlife habitat; (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services, such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but is not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program, such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry 2564 JOURNAL OF THE SENATE certification program approved by the State Forestry Commission. (3) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (4) 'Qualified property' means forest land conservation use property as defined in this subsection. (5) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (2) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant unless otherwise required under subsection (e) of this Code section; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be used for one or more secondary purposes specified in subparagraph (b)(2)(C) of this Code section. The following uses of real property shall not constitute using the property for another type of business: (A) The lease of hunting rights or the use of the property for hunting purposes; shall not constitute another type of business. (B) The charging of admission for use of the property for fishing purposes; shall not constitute another type of business. (C) The production of pine straw shall not constitute another type of business or native grass seed; and (D) The granting of easements solely for ingress and egress; and (E) Any type of business devoted to secondary uses listed under subparagraph (b)(2)(C) of this Code section; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county or counties, if applicable, in which such property is located; provided, however, that if no soil map is available for the county or counties, if applicable, in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property." "(f)(1) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 485-7.1 or current use assessment under Code Section 48-5-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it FRIDAY, MARCH 22, 2013 2565 is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this subsection paragraph. (2) Any property that is subject to a covenant under this Code section and subsequently fails to adhere to the qualifying purpose, as defined in paragraph (5) of subsection (b) of this Code section, may be changed from the covenant under this Code section and placed under a covenant provided for in Code Section 48-5-7.4 if the property otherwise qualifies under the provisions of that Code section. In such a case, the existing covenant under this Code section shall be terminated, and the change shall not constitute a breach thereof. No property may be changed more than once under this paragraph." "(i)(1) If ownership of all or a part of the a forest land conservation use property constituting at least 200 acres is acquired during a covenant period by another qualified owner qualified to enter into an original forest land conservation use covenant, then the original covenant may be continued only by both such acquiring owner and the transferor for the remainder of the term, in which event, no breach of the covenant shall be deemed to have occurred if the total size of a tract from which the transfer was made is reduced below 200 acres or the size of the tract transferred is less than 200 acres. Following the expiration of the original covenant, no new covenant shall be entered with respect to the either tract from which the transfer was made unless such tract exceeds 200 acres. If a qualified owner has entered into an original forest land conservation use covenant and subsequently acquires additional qualified property contiguous to the property in the original covenant, the qualified owner may elect to enter the subsequently acquired qualified property into the original covenant for the remainder of the 15 year period of the original covenant; provided, however, that such subsequently acquired qualified property shall be less than 200 acres. (2) If, following such transfer, a breach of the covenant occurs by the acquiring owner, the penalty and interest shall apply to the entire transferred tract and shall be paid by the acquiring owner who breached the covenant. In such case, the covenant shall terminate on such entire transferred tract but shall continue on such entire remaining tract from which the transfer was made and on which the breach did not occur for the remainder of the original covenant. (3) If, following such transfer, a breach of the covenant occurs by the transferring owner, the penalty and interest shall apply to the entire remaining tract from which the transfer was made and shall be paid by the transferring owner who breached the covenant. In such case, the covenant shall terminate on such entire remaining tract from which the transfer was made but shall continue on such entire transferred tract and on which the breach did not occur for the remainder of the original covenant. (j)(1) For each taxable year beginning on or after January 1, 2010 2014, all applications for conservation use assessment under this Code section, including any forest land covenant required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in each county in which the property is 2566 JOURNAL OF THE SENATE located for the tax year for which such forest land conservation use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for forest land conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment appeals of the annual notice of assessment except that in the case of property which is the subject of a tax appeal of the annual notice of assessment under Code Section 48-5-311, an application for forest land conservation use assessment may be filed at any time while such appeal is pending. An application for continuation of such forest land conservation use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for forest land conservation use assessment under this Code section shall be filed with the county board of tax assessors in which the property is located who shall approve or deny the application. Such county board of tax assessors shall file a copy of the approved covenant in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such covenant in the real property records maintained in the clerk's office. If the covenant is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such covenants shall be paid by the qualified owner of the eligible property with the application for forest land conservation use assessment under this Code section and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application or covenant by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property, and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311." "(m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) Except as provided in subsection (i) of this Code section and paragraph (4) of this subsection, the penalty shall be applicable to the entire tract which is the subject of the covenant. and: (A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning FRIDAY, MARCH 22, 2013 2567 with year one be two and one-half times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. The penalty shall be twice the difference between the total amount of the tax paid pursuant to the conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (4) If ownership of a portion of the land subject to the original covenant constituting at least 200 acres is transferred to another owner qualified to enter into an original forest land conservation use covenant in a bona fide arm's length transaction and breach subsequently occurs, then the penalty shall either be assessed against the entire remaining tract from which the transfer was made or the entire transferred tract, on whichever the breach occurred. The calculation of penalties in paragraph (2) (3) of this subsection shall be used except that the penalty amount resulting from such calculation shall be multiplied by the percentage which represents the acreage of such tract on which the breach occurs to the original covenant acreage. The resulting amount shall be the penalty amount owed by the owner of such tract of land on which the breach occurred." SECTION 3. Said chapter is further amended by revising Code Section 48-5-295.1, relating to the performance review board, as follows: "48-5-295.1. (a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be assessors or chief appraisers, provided that neither chief appraiser shall be who are not members of the board or a chief appraiser for the county under review. (b) It shall be the duty of a performance review board to make a thorough and complete investigation of the county board of tax assessors with respect to all actions of the county board of tax assessors and appraisal staff regarding the technical competency 2568 JOURNAL OF THE SENATE of appraisal techniques and compliance with state law and regulations, including the Property Tax Appraisal Manual. The performance review board shall issue a written report of its findings to the commissioner and the county governing authority which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials. (c) The findings of the report of the review board under subsection (b) of this Code section or of any audit performed by the Department of Revenue at the request of the Governor may be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295. (d) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section." SECTION 4. Said chapter is further amended by adding a new Code section to read as follows: "48-5-295.2. (a) The commissioner shall appoint an independent performance review board if he or she determines, through the examination of the digest for any county in a digest review year pursuant to Code Section 48-5-342, that there is evidence which calls into question the technical competence of appraisal techniques and compliance with state law and regulations, including the Property Tax Appraisal Manual, with respect to the conservation use value of forest land. (b) The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be chief appraisers, provided that neither chief appraiser shall be a chief appraiser for the county under review. (c) The performance review board shall issue a written report of its findings to the commissioner and the county governing authority which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials. (d) The findings of the report of the review board under subsection (c) of this Code section or of any audit performed by the Department of Revenue or the Department of Audits shall be grounds for the state to withhold local assistance grants pursuant to Code Section 48-5A-3; provided, however, that any portion of a local assistance grant designated for use by a board of education of any political subdivision shall not be withheld pursuant to this subsection. If the findings in the report of the performance review board indicate that the provisions of paragraph (6) of Code Section 48-5-2 have been knowingly violated by a local government in order to receive a larger local assistance grant than allowed by law, then the most recent local assistance grant requested by the local government shall be withheld by the Department of Revenue. FRIDAY, MARCH 22, 2013 2569 For a second or subsequent offense, the next two requests for local assistance grants shall be withheld by the Department of Revenue. (e) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section." SECTION 5. Said chapter is further amended by revising division (e)(6)(D)(iii) of Code Section 48-5311, relating to county boards of equalization and review of assessments, as follows: "(iii)(I) If the county's tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors shall specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. lesser of the valuation in the year preceding the year in which the appeal was filed or 85 percent of the current year's value, 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 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 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. For the purposes of this Code section, any final value that causes a deduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes within 60 days from the date of the final determination of value. Such refund shall include interest on the amount of the deduction at the same rate 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 was due or was paid, whichever is later, through to the date paid or 60 days from the date of the final determination, whichever is earlier. In no event shall the amount of such interest exceed 2570 JOURNAL OF THE SENATE $150.00 for homestead property or $5,000.00 for nonhomestead property. Any refund paid after the sixtieth day shall accrue interest from the sixty-first day until paid with interest at the same rate specified in Code Section 48-2-35. The interest accrued after the sixtieth day and forward shall not be subject to the limits imposed by this subsection. The tax commissioner shall pay the tax refund and any interest for the refund from current collections in the same proportion for each of the levying authorities for whom the taxes were collected. (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. For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest as specified in Code Section 48-2-35. The tax commissioner shall adjust the tax bill, including interest, within 15 days from the date of the final determination of value and mail the adjusted bill to the taxpayer. Such interest shall accrue from November 15 of the taxable year in question or the final installment of the tax was due through to the date the bill was adjusted and mailed or 15 days from the date of the final determination, whichever is earlier. The interest computed on the additional billing shall in no event exceed $150.00 for homestead property or $5,000.00 for nonhomestead property. After the tax bill notice has been mailed out, the taxpayer shall be afforded 60 days from the date of the postmark to make full payment of the adjusted bill and interest. Once the 60 day payment period has expired, the bill shall be considered past due, and interest shall accrue as specified in Code Section 48-2-40 without limit until the bill is paid in full. Once past due, all other fees, penalties, late charges, and collection notices shall apply as prescribed in this chapter for the collection of delinquent taxes." 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: FRIDAY, MARCH 22, 2013 2571 N Albers N Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance E Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson N Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James E Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 6. HB 197, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. The Speaker has appointed on the part of the House, Representatives England of the 116th, Jones of the 47th, and O`Neal of the 146th. The Calendar was resumed. 2572 JOURNAL OF THE SENATE HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Rules Committee offered the following substitute to HB 142: 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 change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to campaign disclosure reports; to change certain provisions relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to change certain provisions relating to lobbyist disclosure reports; to amend Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, so as to change certain provisions relating to filing of complaints; 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 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 FRIDAY, MARCH 22, 2013 2573 Georgia Government Transparency and Campaign Finance Commission, by revising paragraph (7) of subsection (a) as follows: "(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such any rules and regulations as are specifically authorized in necessary and appropriate for carrying out the purposes of this chapter; provided, however, that the commission shall not require the reporting or disclosure of more information on any report than is expressly required to be reported or disclosed by this chapter, unless such information was required to be reported or disclosed by rules and regulations of the commission which were in effect as of January 1, 2013, so long as such rules and regulations do not conflict with this chapter; and" SECTION 2. Said chapter is further amended in Code Section 21-5-70, relating to definitions relative to public officers' conduct and lobbyist disclosure, by revising paragraph (1) as follows: "(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (B.1) Includes reimbursement or payment of actual and reasonable expenses provided to a public officer for transportation, travel, lodging, registration, food, or beverages, and other activities related to attending a meeting or conference so as to permit such public officer's participation in such meeting or conference; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, tickets for admission to athletic, sporting, recreational, musical concert, or other entertainment events, or anything of value, unless consideration of equal or greater than face value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the family of such public officer or public employee Includes reimbursement or payment of expenses for recreational or leisure activities; and (E) The term shall Does not include: anything defined in paragraph (4.1) of this Code section as a lobbying expenditure, the provisions of subparagraphs (A) through (D) of this paragraph notwithstanding." "(4.1) 'Lobbying expenditure' means: (i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officer's family; (iii) Legal compensation or expense reimbursement provided to public employees 2574 JOURNAL OF THE SENATE and to public officers in the performance of their duties; (iv)(A) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v)(B) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (vi)(C) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession Discounts, upgrades, memberships, or other accommodations extended by a business to a bona fide customer and which are generally made available to other similarly situated customers; or legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (vii)(D) Food, beverages, and registration, or admission at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An For purposes of this subparagraph, an agency shall also include the Georgia House of Representatives, and the Georgia Senate combined, committees and subcommittees of such and the governing body of each political subdivision of this state; (viii)(E) Campaign contributions or expenditures as defined by Code Section 21-53 and reported as required by Article 2 of this chapter; or (ix) A commercially reasonable loan made in the ordinary course of business; (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities; or (xi) Transportation unless a lobbyist arranges for or participates in such transportation. (F) Reimbursement or payment of actual and reasonable expenses provided to a public officer for admission, registration, travel, food, and lodging attributed to attending events, seminars, or educational programs at locations within the United States where attendance is related to the official duties of such public officer." SECTION 3. Said chapter is further amended by revising subsection (n) of Code Section 21-5-34, relating to campaign disclosure reports, as follows: "(n) The commission shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section Reserved." SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, as follows: "(g) The commission shall not require the reporting of any more information in a FRIDAY, MARCH 22, 2013 2575 financial disclosure statement than is expressly required to be disclosed by this Code section Reserved." SECTION 5. Said chapter is further amended by revising Code Section 21-5-71, relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, as follows: "21-5-71. (a)(1) Subject to paragraphs (2) and (3) of this subsection and except as otherwise provided by subsection (i) of this Code section, no person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person's sentence. The administration of this article is vested in the commission. (2) When a person is hired or retained as an employee or agent or independent contractor and under the agreement of the parties the primary duties, or a substantial part of the duties, of the person will involve lobbying activities, the person shall register as a lobbyist before commencing lobbying activities. (3) When paragraph (2) of this subsection does not apply, there shall be a lookback period of each calendar month for determining whether the 10 percent test of paragraph (5) of Code Section 21-5-70 has been met. If at the end of any month the 10 percent test has been met during that month, the person shall register as a lobbyist within five days after the last day of that month and shall in his or her initial disclosure report include all prior lobbying expenditures in that calendar year. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain: (1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf; (6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of paragraph (5) of Code Section 21-5-70 attempting to influence rule making or purchasing by a state agency or agencies, the name of the state agency or agencies before which the applicant engages in lobbying; 2576 JOURNAL OF THE SENATE (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and (8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person's sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence. (c) The lobbyist shall, within seven days of prior to any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent. (f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees. (2) The commission shall collect the following fees: (A) Annual lobbyist registration or renewal filed pursuant to this Code section, including a lobbyist identification card issued pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 (B) Lobbyist supplemental registration filed pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (C) Each copy replacement of a lobbyist identification card issued pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (D)(i) For reports filed when the General Assembly is not in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the fifteenth day after the due date for such report if the report has FRIDAY, MARCH 22, 2013 2577 not been filed. A late fee of $10,000.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed. (ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (E)(i) For reports filed when the General Assembly is in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the twenty-first day after the due date for such report if the report has not been filed. (ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist, a color photograph of the lobbyist, and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish in print or electronically public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to: (1) Any individual who expresses communicates personal views, interests, or professional opinions on that individual's own behalf, to any public officer of the executive or legislative branch of state government as specified in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3; (1.1) An employee or independent contractor of a vendor who solely participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential contract with a state or local government agency or a bona fide salesperson who sells to or contracts with a state or local government agency for goods or services, is not hired specifically to undertake influencing a public officer or 2578 JOURNAL OF THE SENATE state agency in the selection of a vendor to supply any goods or services to any state agency, and does not engage in other activities which would make such person a lobbyist; (2) Any person who appears before is invited by a public agency or governmental entity to appear before a committee or at a hearing of such agency or entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony when so long as such person is not otherwise required to comply with the registration provisions of this Code section clearly identifies himself or herself and the interested party on whose behalf he or she is testifying; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes is invited to furnish information upon the specific request of a public agency or governmental entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, so long as such person clearly identifies himself or herself and the interested party on whose behalf he or she furnishes such information; (3.1) Any industry, subject matter, or business expert appearing before a public agency or governmental entity committee, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony or furnishing information when accompanied by a registered lobbyist representing such industry or business or representing an association or trade group for such industry or business; (4) Any licensed attorney when representing a client in administrative proceedings or in civil litigation or criminal proceedings or appearing on behalf of a client in any adversarial proceeding before an agency of this state or any political subdivision of this state and any expert or staff employed by such attorney; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers or appointed public officials performing the official duties of their public office or position; and (7) Any public employee, aide, or intern who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators." SECTION 6. Said chapter is further amended by adding a new Code section to read as follows: "21-5-72.1. (a) No person who is required by the law of this state to register as a lobbyist shall meet at the state capitol, Coverdell Legislative Office Building, or other state FRIDAY, MARCH 22, 2013 2579 government facility with any member of the General Assembly to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents. (b)(1) No person who is registered as a lobbyist under Code Section 21-5-71 shall make any expenditure. (2) No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section 21-5-71. (3) Paragraphs (1) and (2) of this subsection shall not apply if the Senate, House of Representatives, or other office, department, agency, branch of government, board, commission, authority, or governing body to or by which a public officer is elected, appointed, or employed has adopted an authorized rule, executive order, regulation, ordinance, or resolution which governs acceptance of expenditures by such public officer and his or her staff and which: (A) Prohibits the public officer from accepting with actual knowledge a single expenditure with a value in excess of $100.00 from a registered lobbyist or a single expenditure from a group of registered lobbyists with a value in excess of $100.00; (B) Provides for enforcement of the acceptance limits specified in subparagraph (A) of this paragraph; and (C) Is made available to the public. It shall be sufficient for purposes of this subparagraph if the applicable office, department, agency, branch of government, legislative body, board, commission, authority, or governing body has a public Internet website and such document is published and maintained in a prominent place on such website. (c) Except as otherwise provided pursuant to paragraph (3) of subsection (b) of this Code section, any violation of this Code section shall be subject to the penalties provided by subparagraph (b)(14)(C) of Code Section 21-5-6." SECTION 7. Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyist disclosure reports, as follows: "21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section in the electronic format specified by the commission. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor shall file a semimonthly disclosure report on the first and fifteenth day of each month, current through the end of the preceding report, beginning January 15 and continuing throughout the period that the General Assembly is in session. 2580 JOURNAL OF THE SENATE (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution shall: (1) File a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and (2) File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any lobbying expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any lobbying expenditures relating to municipal affairs or independent school district affairs. (d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), (H), (I), or (J) of paragraph (5) of Code Section 21-5-70 required to register under this article and: (1) Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (2) As an employee of the executive branch or judicial branch of local government, lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 215-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (3) Lobbies to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency; or (4) Lobbies to promote or oppose any matter before the State Transportation Board shall file a monthly disclosure report, current through the end of the preceding period, on or before the fifth day of each month; provided, however, that such monthly reports shall not be filed during any period that the lobbyist files a semimonthly report pursuant to subsection (b) of this Code section. (e) Reports of lobbying expenditures filed by lobbyists shall be verified and shall include: (1) A description of all lobbying expenditures, as defined in described in subparagraphs (D) and (F) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf of or for the benefit of a public officer or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer by the lobbyist or employees of the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such lobbying expenditure. The description of each reported lobbying expenditure shall include: (A) The name and title of the public officer or public employee, each reported FRIDAY, MARCH 22, 2013 2581 separately; or, if the lobbying expenditure is simultaneously incurred for an identifiable group of public officers or public employees the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the lobbying expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage tickets; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate lobbying expenditures described in divisions (1)(E)(vii) and (1)(E)(x) subparagraph (D) of paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided, however, that expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer or public employee shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the lobbying expenditure was made; and (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the lobbying expenditure was made; (2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and (3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to promote or oppose the passage of any rule or regulation of any state agency, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (e.1) Lobbyist reports disclosing expenditures made pursuant to paragraph (3) of subsection (b) of Code Section 21-5-72.1 shall be made at the same times and in the same manner as provided by subsections (a) and (b) of this Code section for lobbying expenditures. Such reports shall be verified and shall include the amount, date, and description of each expenditure; the name of the public officer, staff member, or identifiable group to or for whom such expenditure was made; and the name of the person or entity on whose behalf such expenditure was made. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the 2582 JOURNAL OF THE SENATE same information may be required to be disclosed under both Code sections. (g) The electronic filing of any disclosure report required by this article shall constitute an affirmation that such report is true, complete, and correct. (h) The commission shall not require the reporting of any more information in a lobbyist disclosure report than is expressly required to be disclosed by this Code section Reserved. (i) All lobbyists shall have a grace period of three business days in filing all disclosure reports." SECTION 8. Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, is amended by revising subsection (a) as follows: "(a) Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a member of the General Assembly. The clerical officer shall designate the place where such complaints may be filed, provide instruction necessary to properly submit a complaint, and prescribe forms for such complainants. Complaints shall be submitted in writing and verified under oath to the best information, knowledge, and belief of such person. The complaint shall include a statement by the complainant as to whether or not in filing the complaint he or she is acting as an agent, paid or otherwise, for any other person. Any person who knowingly provides false information in executing a complaint under this Code section commits the offense of false swearing within the meaning of Code Section 16-10-71." SECTION 9. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy FRIDAY, MARCH 22, 2013 2583 Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 0. HB 142, having received the requisite constitutional majority, was passed by substitute. Senator Mullis of the 53rd moved that HB 142 be immediately transmitted to the House. On the motion, there was no objection, and HB 142 was immediately transmitted. The following bill was taken up to consider House action thereto: HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. Senator Hill of the 4th asked unanimous consent that the Senate adhere to its substitute to HB 106 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, Chance of the 16th and Shafer of the 48th. The Calendar was resumed. 2584 JOURNAL OF THE SENATE HB 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others: A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-953, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. Senator Fort of the 39th asked unanimous consent to drop HB 122 to after HB 372 on the Senate Rules Calendar. The consent was granted, and HB 122 was placed after HB 372 on the Rules Calendar. HB 336. By Representatives Powell of the 171st, Meadows of the 5th, Smith of the 134th, Abrams of the 89th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings in civil practice, so as to provide for certain pre-suit settlement offers and agreements as to tort claims arising out of use of motor vehicles; to repeal conflicting laws; and for other purposes. Senate Sponsor: 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 Balfour Y Beach Y Bethel Y Burke Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Miller Y Mullis Y Murphy Orrock Y Ramsey FRIDAY, MARCH 22, 2013 2585 Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Seay Y Shafer Y Sims Y Staton Y Stone 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 47, nays 0. HB 336, having received the requisite constitutional majority, was passed. HB 359. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, England of the 116th, Powell of the 171st and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to require the commissioner of revenue to deposit certain funds in the state treasury; 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 Senate Finance Committee offered the following substitute to HB 359: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to choses in action, so as to provide that actions for legal malpractice are not assignable; to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to amend Chapter 2586 JOURNAL OF THE SENATE 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to choses in action, is amended by revising Code Section 44-12-24, relating to assignment of rights of action, as follows: "44-12-24. Except for those situations governed by Code Sections 11-2-210 and 11-9-406, a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts, for legal malpractice, or for injuries arising from fraud to the assignor may not be assigned." SECTION 2. Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, is amended by revising Code Section 44-12-218, relating to disposition of funds received under article and authorized deductions, as follows: "44-12-218. (a) All funds received under this article, including the proceeds from the sale of abandoned property under Code Section 44-12-217, shall forthwith be deposited by the commissioner in the general fund, except that the commissioner shall retain in a separate trust fund a sum sufficient from which he shall make prompt payment of claims duly allowed by him as provided in Code Section 44-12-220. Before making a deposit he or she shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant and, with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due. (b) Before making any deposit to the credit of the general fund the commissioner may deduct: (1) Any costs in connection with sale of abandoned property; (2) Any costs of mailing and publication in connection with any abandoned property; (3) Operating expenses; (4) Amounts required to make payments to other states, during the next fiscal year, through reciprocity agreements; and (5) Expenses for consulting services." FRIDAY, MARCH 22, 2013 2587 SECTION 3. Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, is amended by revising Code Section 48-16-10, relating to the imposition of a cost of collection fee after the amnesty period expires, as follows: "48-16-10. (a) In addition to all other penalties provided under this chapter or any other law, the commissioner may by regulation impose after the expiration of the tax amnesty period a cost of collection fee of 20 percent of any deficiency assessed for any taxable period ending or transactions occurring after December 31, 1990. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud. Notwithstanding any other provision of law, the department is authorized to retain all funds received as collection fees imposed by the commissioner for use in defraying the cost of collection of deficient taxes. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds. (b) In addition to all other penalties provided under this chapter or any other law, the commissioner may pursuant to regulation impose after the expiration of the tax amnesty period a cost of collection fee of 50 percent of any deficiency assessed after the amnesty period for taxable periods ending or transactions occurring on or before December 31, 1990, regardless of when due. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud. Notwithstanding any other provision of law, the department is authorized to retain all funds received as collection fees imposed by the commissioner for use in defraying the cost of collection of deficient taxes. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds. (c) The provisions of subsections (a) and (b) of this Code section shall not apply to any account which has been protested pursuant to Code Section 48-2-46 as of the expiration of the amnesty period and which does not become final, due, and owing, or to any account on which the taxpayer is remitting timely payments under a payment agreement negotiated with the commissioner prior to or during the amnesty period. 2588 JOURNAL OF THE SENATE (d) The fee levied under subsections (a) and (b) of this Code section shall not apply to taxes paid pursuant to the terms of the amnesty program." 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 N Balfour Y Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 1. HB 359, having received the requisite constitutional majority, was passed by substitute. FRIDAY, MARCH 22, 2013 2589 The following Senators were excused for business outside the Senate Chamber: Jackson of the 2nd Mullis of the 53rd HB 372. By Representatives Coomer of the 14th, Evans of the 42nd, Carter of the 175th, Nimmer of the 178th, Hatchett of the 150th 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 revise eligibility for a HOPE grant at a technical college or university institution; to revise a provision relating to the submission of an annual request for funding for the Technical College System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Bethel of the 54th. The Senate Higher Education Committee offered the following substitute to HB 372: 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 revise eligibility for a HOPE grant at a technical college or university institution; to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of the Technical College System of Georgia, so as to provide for the designation of community colleges; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-3-519.5 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 2.0 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 2590 JOURNAL OF THE SENATE a cumulative grade point average of at least 3.0 2.0 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 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." SECTION 2. Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of the Technical College System of Georgia, is amended by revising paragraph (10) as follows: "(10) Approve a request by a postsecondary technical school college or institution governed under this chapter that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, or any other appropriate accrediting agency approved by the United States secretary of education, to be named a community college or technical college upon the approval and granting of occupational degree-granting status associate's degrees by the State Board of the Technical College System of Georgia and upon receiving accreditation by the Commission on Colleges of the Southern Association of Schools, the Council on Occupational Education, or any other appropriate accrediting agency approved by the United States Secretary of Education. The use of the name community college or technical college shall not alter the governance of the technical school college or institution as established under this chapter nor shall it abridge the authority of the Board of Regents of the University System of Georgia under the Constitution of this state; and" 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 Beach Y Harbison Y Harper Y Heath Y Miller E Mullis Y Murphy FRIDAY, MARCH 22, 2013 2591 Y Bethel Burke Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B E Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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. HB 372, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Committees: Senator Dean Burke Retirement District 11 Agriculture and Consumer Affairs 305-A Coverdell Legislative Office Building Education and Youth Atlanta, GA 30334 Health and Human Services The State Senate Atlanta, Georgia 30334 3-22-13 The Secretary of the Senate: I missed voting on HB 372. If I had voted, I would have voted yea. Sincerely, /s/ Dean Burke 11th Senator Murphy of the 27th was excused for business outside the Senate Chamber. 2592 JOURNAL OF THE SENATE HB 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others: A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-953, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. Senators Stone of the 23rd, Miller of the 49th, Jeffares of the 17th, Bethel of the 54th, McKoon of the 29th and others offered the following amendment #1: Amend HB 122 (LC 29 5438S) by inserting after the semicolon on line 8 the following: to amend Code Section 42-5-36 of the Official Code of Georgia Annotated, relating to confidentiality of information supplied by inmates and custodians of records of the department, so as to provide for confidentiality of records of the State Board of Pardons and Paroles; to provide for confidentiality of information relating to the execution of a death sentence; By inserting between lines 47 and 48 the following: SECTION 1A. Code Section 42-5-36, relating to confidentiality of information supplied by inmates and custodians of records of the department, is amended by designating subsection (d) as subsection (e) and by adding a new subsection (d) to read as follows: "(d)(1) As used in this subsection, the term 'identifying information' means any records or information that reveals a name, residential or business address, residential or business telephone number, day and month of birth, social security number, or professional qualifications. (2) The identifying information of any person or entity who participates in or administers the execution of a death sentence and the identifying information of any person or entity that manufactures, supplies, compounds, or prescribes the drugs, medical supplies, or medical equipment utilized in the execution of a death sentence shall be confidential and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50 or under judicial process. Such information shall be classified as a confidential state secret." FRIDAY, MARCH 22, 2013 2593 Senator Fort of the 39th offered the following amendment #1a: Amend Amendment #1 AM 29 2181 to HB 122 by striking lines 16 - 21 and replacing it with the following: "(2) The identifying information of any person who administers the execution of a death sentence shall be confidential and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50." On the adoption of the amendment, the yeas were 15, nays 28, and the Fort amendment #1a to the Stone, et al. amendment #1 was lost. On the adoption of the amendment, there were no objections, and the Stone, 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 Beach Y Bethel Y Burke N Butler Y Carter, B Carter, J Y Chance Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller E Mullis E Murphy N Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 42, nays 6. HB 122, having received the requisite constitutional majority, was passed as amended. 2594 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 11 of Title 16, Code Section 35-3-34, and Article 3 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, disclosure and dissemination of criminal background checks to private persons and businesses, and examination, hospitalization, and treatment of involuntary patients, respectively, so as to change provisions relating to carrying weapons and the issuance of weapons carry licenses; to provide for a short title; to change provisions relating to carrying weapons in unauthorized locations; to provide for and change definitions; to change provisions relating to carrying weapons within certain school safety zones and at school functions; to change provisions relating to exemptions for carrying weapons within school safety zones; to allow persons who have had their weapons carry license revoked to be eligible to be license holders under certain circumstances; to prohibit the creation or maintenance of data bases regarding persons issued weapons carry licenses; to provide for verification of weapons carry licenses; to remove fingerprinting requirements for renewal licenses; to change provisions relating to persons exempt from the provisions of Code Sections 16-11-126 through 16-11-127.2; to provide for local boards of education to authorize personnel to carry weapons within school safety zones under certain circumstances; to provide for the offense of unlawfully carrying a weapon into a secure airport area; to change legislative findings and provide for preemption for weapons other than firearms; to provide for the collection and dissemination of information pertinent to issuing weapons carry licenses; to amend Code Sections 16-12-1 and 43-38-10 of the Official Code of Georgia Annotated, relating to contributing to the delinquency, unruliness, or deprivation of a minor and private detectives and security agencies permits to carry firearms, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 22, 2013 2595 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. This Act shall be known and may be cited as the "Safe Carry Protection Act." SECTION 1-2. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by revising subsection (d) of Code Section 16-11-126, relating to having or carrying handguns, long guns, or other weapons, as follows: "(d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to forbid exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135." SECTION 1-3. Said article is further amended by revising Code Section 16-11-127, relating to carrying weapons in unauthorized locations and penalty, as follows: "16-11-127. (a) As used in this Code section, the term: (1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (3) 'Government building' means: (A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (4) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within 2596 JOURNAL OF THE SENATE this state. (5) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar. (b) Except as provided in Code Section 16-11-127.1 and subsection (d) or (e) of this Code section, a A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship, unless the administrative board of such place of worship permits the carrying of weapons or long guns by license holders; (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders; (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. (c) A Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) or (e) of this Code section; provided, however, that private property owners or persons in legal control of private property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such private property shall have the right to forbid exclude or eject a person who is in possession of a weapon or long gun on their private property in accordance with paragraph (3) of subsection (b) of Code Section 16-7-21, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon FRIDAY, MARCH 22, 2013 2597 arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility. (e) A license holder shall be authorized to carry a weapon in a government building where ingress into such building is not restricted or screened by security personnel during the hours the government building is open for business. A person who is not a license holder and who attempts to enter a government building carrying a weapon shall be guilty of a misdemeanor. A license holder who enters or attempts to enter a government building carrying a weapon where ingress is restricted or screened by security personnel shall be guilty of a misdemeanor; provided, however, that a license holder who exits such building or leaves such location upon his or her observation that such building has security personnel restricting or screening ingress into such building shall not be guilty of violating this subsection." SECTION 1-4. Said article is further amended by revising subsection (a), paragraph (1) of subsection (b), and subsections (c) through (f) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows: "(a) As used in this Code section, the term: (1) 'Bus or other transportation furnished by a school' means a bus or other transportation furnished by a public or private elementary or secondary school. (2) 'School function' means a school function or related activity that occurs outside of a school safety zone and is for a public or private elementary or secondary school. (1)(3) 'School safety zone' means in or on any real property or building owned by or leased to: (A) Any any public or private elementary school, secondary school, or school local board of education and used for elementary or secondary education; and in or on the campus of any (B) Any public or private technical school, vocational school, college, university, or other institution of postsecondary education. (2)(4) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun 2598 JOURNAL OF THE SENATE chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25." "(c) The provisions of this Code section shall not apply to: (1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes; (2) Participants in organized sport shooting events or firearm training courses; (3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (4) Persons participating in law enforcement training conducted by a police academy certified by the Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof; (5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties: (A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; (E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and (F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; (6) A person who has been authorized in writing by a duly authorized official of the school a public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education or a local board of education as provided in Code Section 16-11-130.1 to have in such person's possession or use as part of any activity being conducted at a school building, school property, or within a school safety zone, at a school function, or on a bus or other transportation furnished by a school a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period FRIDAY, MARCH 22, 2013 2599 during which the authorization is valid; (7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, within a school safety zone, at a school function, or school property or on a bus or other transportation furnished by the a school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property within a school safety zone or is in transit through a designated school safety zone; (8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, within a school safety zone, at a school function, or school property or on a bus or other transportation furnished by the a school, or when such vehicle is used to transport someone to an activity being conducted on school property within a school safety zone which has been authorized by a duly authorized official of the school or local board of education as provided by paragraph (6) of this subsection; provided, however, that this exception shall not apply to a student attending such a public or private elementary or secondary school; (9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; (11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon; (12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation; (13) Public safety directors of municipal corporations; (14) State and federal trial and appellate judges; (15) United States attorneys and assistant United States attorneys; (16) Clerks of the superior courts; (17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle; or (18) Constables of any county of this state; (19) Any license holder when he or she is in or on any real property or building 2600 JOURNAL OF THE SENATE owned or leased to any public technical school, vocational school, college, university, or other institution of postsecondary education; provided, however, that such exception shall not apply to such property or buildings used for athletic sporting events or student housing, including fraternity and sorority houses; or (20) Any license holder when he or she is in or on any real property or building owned or leased to any private technical school, vocational school, college, university, or other institution of postsecondary education if the president of such school, college, university, or other institution of postsecondary education has established a policy authorizing license holders to carry a weapon. (d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, that it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, a bus or other transportation furnished by the a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section. (3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law. (e) It shall be no defense to a prosecution for a violation of this Code section that: (1) A public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school public or private elementary or secondary school or public or private technical school, vocational school, college, university, or other institution of postsecondary education purposes at the time of the offense; or (3) The offense took place on a bus or other transportation furnished by a school vehicle. (f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or the area of any campus of any public or private technical school, vocational school, college, university, or other institution of postsecondary education and used for student housing or athletic sporting events, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the FRIDAY, MARCH 22, 2013 2601 governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county." SECTION 1-5. Said article is further amended by revising subsections (b), (c), (d), and (f) of Code Section 16-11-129, relating to license to carry weapons, and by adding two new subsections to read as follows: "(b) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief an adjudication of guilt. Such term shall not include an order of discharge and exoneration pursuant to Article 3 of Chapter 8 of Title 42. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (D) 'Involuntary treatment' shall have the same meaning as set forth in Code Section 37-3-1. (E) 'Mental illness' shall have the same meaning as set forth in Code Section 37-11. (2) No weapons carry license shall be issued to: (A) Any person under younger than 21 years of age unless he or she: (i) Is at least 18 years of age; (ii) Provides proof that he or she has completed basic training in the armed forces of the United States; and (iii) Provides proof that he or she is actively serving in the armed forces of the United States or has been honorably discharged from such service; (B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation; (C) Any person against whom proceedings are pending for any felony; (D) Any person who is a fugitive from justice; (E) Any person who is prohibited from possessing or shipping a firearm in 2602 JOURNAL OF THE SENATE interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; (G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section within three years of the date of his or her application; (H) Any person who has been convicted of any of the following: (i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii)(ii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127 and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five three years immediately preceding the date of the application; (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (E) through (G) of this paragraph for at least five three years immediately preceding the date of the application; or (J) Any person who: (i) Has been adjudicated mentally incompetent to stand trial; (ii) Has been adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Chapter 7 of Title 17; or (iii) Is registered on the state sexual offender registry; (K) Any person who, within the five years immediately preceding the application, has had a guardian or conservator appointed to represent such person as a result of a mental illness or alcohol or drug dependency; or (L) Any person who, has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application, has had involuntary treatment. An applicant's statement that he or she has not had involuntary treatment within the five years immediately preceding his or her application shall create a rebuttable presumption that he or she has not been so treated. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug FRIDAY, MARCH 22, 2013 2603 treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department shall request involuntary treatment information from the Georgia Crime Information Center as provided in paragraph (3) of subsection (e) of Code Section 35-3-34. The judge shall keep any such hospitalization or all mental health treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the a weapons carry license or renewal license to an applicant who has had involuntary treatment; provided, however, that the judge shall issue or deny such license within 30 days of the date that such application was filed. In the event the judge denies such license application, the judge shall inform the applicant of his or her right to have a hearing before the court relative to the applicant's fitness to be issued such license. (3) If first offender treatment without adjudication of guilt for a conviction contained in subparagraph (F) or (I) of paragraph (2) of this subsection was entered and such sentence was successfully completed and such person has not had any other conviction since the completion of such sentence and for at least five years immediately preceding the date of the application, he or she shall be eligible for a weapons carry license provided that no other license exception applies. (c) Fingerprinting. Following completion of the application for a weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then so that such agency can capture the fingerprints of the applicant for a weapons carry license or renewal license and place the name of the applicant on the blank license form. The appropriate local law enforcement agency shall place the fingerprint on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court if a fingerprint is required to be furnished by subsection (f) of this Code section. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the fingerprinting and processing of an application. Fingerprinting shall not be required for applicants seeking temporary renewal licenses or renewal licenses. (d) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is 2604 JOURNAL OF THE SENATE necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within five business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by United States Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue such applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court." "(f)(1) Weapons carry license specifications. Weapons carry licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, and sex of the licensee. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. Licenses issued on and before December 31, 2011, shall bear a clear print of the licensee's right index finger; however, if the right index fingerprint cannot be secured for any reason, the print of another finger may be FRIDAY, MARCH 22, 2013 2605 used but such print shall be marked to identify the finger from which the print is taken prior to January 1, 2012, shall be in the format specified by the former provisions of this paragraph as they existed on June 30, 2013. (2)(A) On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (B)(3) Using the physical characteristics of the license set forth in subparagraph (A) of this paragraph (2) of this subsection, The Council of Probate Court Judges of Georgia shall create specifications for the probate courts so that all weapons carry licenses in this state shall be uniform and so that probate courts can petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing such licenses. The department shall follow the competitive bidding procedure set forth in Code Section 50-5-102." "(k) A person or entity shall not create or maintain a multijurisdictional data base of information regarding persons issued weapons carry licenses. (l) The judge of a probate court or his or her designee shall be authorized to verify the legitimacy and validity of a weapons carry license to a license holder, pursuant to a subpoena or court order, or for public safety purposes, but shall not be authorized to provide any further information regarding license holders." SECTION 1-6. Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11127.2, as follows: "(3) Persons in the military service of the state or National Guard or the armed forces of the United States or a person 21 years of age or younger who has received an honorable discharge from the armed forces of the United States;" SECTION 1-7. Said article is further amended by adding two new Code sections to read as follows: "16-11-130.1. (a) As used in this Code section, the term: 2606 JOURNAL OF THE SENATE (1) 'Bus or other transportation furnished by a school' means a bus or other transportation furnished by a public or private elementary or secondary school. (2) 'School function' means a school function or related activity that occurs outside of a school safety zone for a public or private elementary or secondary school. (3) 'School safety zone' means in or on any real property or building owned by or leased to any public or private elementary or secondary school or local board of education and used for elementary or secondary education. (4) 'Weapon' shall have the same meaning as set forth in Code Section 16-11-127.1. (b) A local board of education shall approve personnel to possess or carry weapons as provided in paragraph (6) of subsection (c) of Code Section 16-11-127.1 if such board has adopted and implemented a policy which provides for: (1) Sufficient training of approved personnel prior to authorizing such personnel to carry weapons. The training shall at a minimum include training on judgment pistol shooting, marksmanship, and a review of current laws relating to the use of force for the defense of self and others; provided, however, that the local board of education training policy may substitute for certain training requirements the personnel's prior military or law enforcement service if the approved personnel has previously served as a certified law enforcement officer or has had military service which involved similar weapons training; (2) An approved list of the types of weapons and ammunition and the quantity of weapons and ammunition authorized to be possessed or carried; (3) The exclusion from approval of any personnel who has had an employment or other history indicating any type of mental or emotional instability as determined by the local board of education; and (4) A mandatory method of securing weapons which shall include at a minimum a requirement that the weapon, if permitted to be carried concealed by personnel, shall be carried in a holster on the person and not in a purse, briefcase, bag, or similar other accessary which is not secured on the body of the person and, if maintained separate from the person, shall be maintained in a secured lock safe or similar lock box that cannot be easily accessed by students. (c) Any personnel selected to possess or carry weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be a license holder, and the local board of education shall be responsible for conducting a criminal history background check of such personnel annually to determine whether such personnel remains qualified to be a license holder. (d) The selection of approved personnel to possess or carry a weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be done strictly on a voluntary basis. No personnel shall be required to possess or carry a weapon within a school safety zone, at a school function, or on a bus or other transportation furnished by a school and shall not be terminated or otherwise retaliated against for refusing to possess or carry a weapon. (e) The local board of education shall be responsible for any costs associated with approving personnel to carry or possess weapons within a school safety zone, at a FRIDAY, MARCH 22, 2013 2607 school function, or on a bus or other transportation furnished by a school; provided, however, that nothing contained in this Code section shall prohibit any approved personnel from paying for part or all of such costs or using any other funding mechanism available, including donations or grants from private persons or entities. (f) Documents and meetings pertaining to personnel approved to carry or possess weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school shall be considered employment and public safety security records and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. (g) This Code section shall not be construed to require or otherwise mandate that any local board of education or school administrator adopt or implement a practice or program for the approval of personnel to possess or carry weapons within a school safety zone, at a school function, or on a bus or other transportation furnished by a school nor shall this Code section create any liability for adopting or declining to adopt such practice or program. Such decision shall rest with each individual local board of education. 16-11-130.2. (a) No person shall enter the restricted access area of a commercial service airport, in or beyond the airport security screening checkpoint, knowingly possessing or knowingly having under his or her control a weapon or long gun. Such area shall not include an airport drive, general parking area, walkway, or shops and areas of the terminal that are outside the screening checkpoint and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that weapons are prohibited in such area. (b) A person who violates this Code section shall be guilty of a misdemeanor; provided, however, that a person who violates this Code section with the intent to commit a separate felony offense shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $15,000.00, imprisonment for not less than one nor more than ten years, or both. (c) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state which is in conflict with this Code section shall be null, void, and of no force and effect and this Code section shall preempt any such ordinance, resolution, regulation, or policy." SECTION 1-8. Said article is further amended by revising subsections (a) and (b) of Code Section 16-11173, relating to legislative findings and preemption of local regulation and lawsuits, and by adding a new subsection to read as follows: "(a)(1) It is declared by the General Assembly that the regulation of firearms and other weapons is properly an issue of general, state-wide concern. (2) The General Assembly further declares that the lawful design, marketing, 2608 JOURNAL OF THE SENATE manufacture, and sale of firearms and ammunition and other weapons to the public is not unreasonably dangerous activity and does not constitute a nuisance per se. (b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, nor any agency, board, department, commission, or authority of this state, other than the General Assembly, by rule, regulation, or other enactment shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or other weapons or components of firearms or other weapons; firearms dealers or dealers of other weapons; or dealers in firearms components of firearms or other weapons. (2) The authority to bring suit and right to recover against any weapons, firearms, or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of weapons, firearms, or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a weapons, firearms, or ammunition manufacturer or dealer for breach of contract or express warranty as to weapons, firearms, or ammunition purchased by the political subdivision or local government authority." "(f) As used in this Code section, the term 'weapon' shall have the same meaning as set forth in Code Section 16-11-127.1." SECTION 1-9. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal background checks to private persons and businesses and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, is amended in subsection (e) by adding a new paragraph to read as follows: "(3)(A) As used in this paragraph, the term 'involuntary treatment' shall have the same meaning as set forth in Code Section 37-3-1. (B) The records of the center shall include information as to whether a person has had involuntary treatment. In order to carry out the provisions of Code Section 1611-129, the center shall be provided such information and no other mental health information from the records of the probate and superior courts ordering persons to have involuntary treatment. With respect to probate court records, such information shall be provided in a manner agreed upon by the Probate Judges Training Council and the bureau. With respect to superior court records, such information shall be provided in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the bureau. Such records shall be provided in a manner so as to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary treatment information has been received by the center, the center shall purge its records of such information as FRIDAY, MARCH 22, 2013 2609 soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period. (C) In order to carry out the provisions of Code Section 16-11-129, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or been found not guilty by reason of insanity at the time of the crime. The clerk of court shall report such information to the center." SECTION 1-10. Article 3 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, hospitalization, and treatment of involuntary patients, is amended by adding a new part to read as follows: "Part 5 37-3-98. Notwithstanding the provisions of Article 6 of this chapter, a probate court that issues an order for involuntary treatment or a superior court that upholds such order shall submit, within 30 days of issuance, such order to the Georgia Bureau of Investigation in accordance with Code Section 35-3-34." PART II SECTION 2-1. Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency, unruliness, or deprivation of a minor, is amended by revising paragraph (5) of subsection (b) as follows: "(5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or" SECTION 2-2. Code Section 43-38-10 of the Official Code of Georgia Annotated, relating to private detectives and security agencies permits to carry firearms, is amended by revising subsection (a) as follows: "(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is at least 21 years of age and is a license holder as defined in Code Section 16-11-125.1, who is licensed or registered in accordance with this chapter, and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish. The board shall have the authority to establish limits on type and caliber of such 2610 JOURNAL OF THE SENATE weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual." PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed. Senator Ginn of the 47th asked unanimous consent that the Senate disagree to the House substitute to SB 101. The consent was granted, and the Senate disagreed to the House substitute to SB 101. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Harper of the 7th The Calendar was resumed. HB 402. By Representatives Stephens of the 164th and Spencer of the 180th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to revise various provisions relative to shore protection and coastal marshlands protection; to revise and add definitions; to establish authority and powers of the Department of Natural Resources; to revise provisions relating to permit activities and procedures; to repeal provisions relating to local shore assistance programs; to provide for marine contractor licenses; to repeal provisions relating to the leasing of state-owned marshland or water bottoms; to provide for applicability; to strike obsolete language and correct cross-references; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. Senator Chance of the 16th asked unanimous consent that he be excused from voting on HB 402 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Chance was excused. Senators Tolleson of the 20th and Burke of the 11th offered the following amendment #1: Amend HB 402 (LC 40 0361S) by striking line 4 and inserting in lieu thereof the following: FRIDAY, MARCH 22, 2013 2611 amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for soil erosion and sedimentation, so as to provide for exceptions; to repeal conflicting laws; and for other purposes. By inserting between lines 108 and 109 the following: Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for soil erosion and sedimentation, is amended in subsection (b) by revising the introductory language in subparagraph (15)(A), adding new divisions in subparagraph (15)(A), and by adding a new subparagraph in paragraph (16) as follows: "(15)(A) There is established a 25 foot buffer along the banks of all state waters, as . The 25 foot buffer for state waters other than coastal marshlands and impoundments shall be measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except. The 25 foot buffer for coastal marshlands shall be measured horizontally inland from the interface between jurisdictional coastal marshlands, as defined in paragraph (3) of Code Section 12-5282, and the upland. The 25 foot buffer for impoundments shall be measured horizontally from the full pool elevation of the impoundment. The following exceptions are provided:" "(vii) Fresh-water wetlands and grass lined impoundments that do not have a point where vegetation has been wrested by normal stream flow or wave action; or (viii) Existing bulkheads, seawalls, and other hard-armored waters of the state; provided, however, that this exception shall not apply to the construction of bulkheads, seawalls, or other hard-armoring on any waters of the state, including coastal marshlands as defined in paragraph (3) of Code Section 12-5-282." "(D) The following exceptions are provided: (i) Fresh-water wetlands and grass lined impoundments that do not have a point where vegetation has been wrested by normal stream flow or wave action; or (ii) Existing bulkheads, seawalls, and other hard-armored waters of the state; provided, however, that this exception shall not apply to the construction of bulkheads, seawalls, or other hard-armoring on any waters of the state, including coastal marshlands as defined in paragraph (3) of Code Section 12-5-282." SECTION 8. 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 25, and the Tolleson, Burke amendment #1 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2612 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 Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L James Y Jeffares Y Jones, B E Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Miller E Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 44, nays 0. HB 402, having received the requisite constitutional majority, was passed. HB 384. By Representatives Roberts of the 155th, England of the 116th, Houston of the 170th and Watson of the 172nd: A BILL to be entitled an Act to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governing bodies and crossing streets under jurisdiction of the Department of Transportation, so as to modify provisions relating to a local governing authority designating public streets or portions thereof that are under its jurisdiction for the combined use of motorized carts and regular vehicular traffic; to provide for related matters; to provide 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. FRIDAY, MARCH 22, 2013 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison E Harper Y Heath Y Henson Hill, H Y Hill, Jack E Hill, Judson Y Hufstetler E Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 47, nays 0. HB 384, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: OFFICE OF THE LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor March 22, 2013 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 2613 2614 JOURNAL OF THE SENATE Dear Bob: In accordance with the Senate Rules, the Senate Committee on Assignments hereby appoints Senator Charlie Bethel to serve as Ex-Officio for the Senate Ethics Committee meeting on March 22, 2013. This appointment shall expire upon the adjournment of the committee meeting. Sincerely, /s/ Casey Cagle Lt. Governor Casey Cagle President of the Senate Senator Chance of the 16th moved that the Senate stand adjourned pursuant to HR 738 until 10:00 a.m. Monday, March 25, 2013; the motion prevailed, and at 4:53 p.m. the President announced the Senate adjourned. MONDAY, MARCH 25, 2013 2615 Senate Chamber, Atlanta, Georgia Monday, March 25, 2013 Thirty-eighth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator 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 Senate: SB 1. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Shafer of the 48th, Cowsert of the 46th and Albers of the 56th: A BILL to be entitled an Act to amend Title 33 and Title 19 of the Official Code of Georgia Annotated, relating respectively to insurance and domestic relations, so as to provide that both parents shall have equal access to the child's health insurance information and records; to provide for exceptions; to provide for parenting plans to include that both parents have access to health insurance information and records; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 70. By Senators Gooch of the 51st, Hill of the 32nd, Beach of the 21st, Mullis of the 53rd, Chance of the 16th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation's power to contract generally, so as to change the type of projects eligible for design-build contracts and the procurement process for such contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. 2616 SB 82. SB 96. SB 100. SB 115. JOURNAL OF THE SENATE By Senators Gooch of the 51st, Miller of the 49th, Murphy of the 27th, Cowsert of the 46th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Part 3 of Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to change designations from North Georgia College to the University of North Georgia; to designate the University of North Georgia as the senior military college of Georgia; to repeal conflicting laws; and for other purposes. By Senators Mullis of the 53rd, Stone of the 23rd, Thompson of the 5th, Hufstetler of the 52nd, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to solicitors-general of state courts, so as to provide that a part-time solicitor-general of the state court and any part-time assistant solicitor-general may engage in the private practice of law but shall not represent defendants in criminal matters in such solicitor-general's state court; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Wilkinson of the 50th, Tippins of the 37th, Sims of the 12th and Miller of the 49th: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to reestablish the Career and Technical Education Advisory Commission; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Tippins of the 37th, Wilkinson of the 50th, Jeffares of the 17th, Williams of the 19th, Harper of the 7th and others: A BILL to be entitled an Act to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction, so as to provide that performance data of students in certain placements are included in the resident school system data; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 122. SB 185. SB 194. SB 204. MONDAY, MARCH 25, 2013 2617 By Senators Hill of the 6th, Chance of the 16th, Staton of the 18th, Shafer of the 48th, Carter of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to authorize the issuance of a temporary driving permit to a noncitizen applicant whose Georgia driver's license has expired, or will expire, who has filed a request for an extension to remain lawfully within the United States; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend Article 9 of Title 11 of the O.C.G.A., relating to secured transactions, so as to modernize the article; to change and provide for definitions; to amend Code Section 33-10-1 of the Official Code of Georgia Annotated, relating to assets considered in determining financial condition of insurers, generally, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Senators Mullis of the 53rd, Shafer of the 48th, Gooch of the 51st, Bethel of the 54th, Hufstetler of the 52nd and others: A BILL to be entitled an Act to amend Code Section 12-3-50 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Natural Resources relative to historic preservation and promotion, so as to include an exemption for restoration of certain barns used to promote Georgia tourist destinations; to repeal conflicting laws; and for other purposes. By Senators Cowsert of the 46th and McKoon of the 29th: A BILL to be entitled an Act to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, and hearings in criminal cases involving a capital offense for which death penalty is sought, so as to limit the scope of judgments or orders in child custody cases which are subject to direct appeal; to repeal conflicting laws; and for other purposes. 2618 JOURNAL OF THE SENATE SB 226. By Senators Gooch of the 51st, Jackson of the 24th, Wilkinson of the 50th, Bethel of the 54th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain provisions relating to investigation fees; to provide for changes to compensation options of coroners; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 234. By Senators Jones of the 25th, Murphy of the 27th, Millar of the 40th, Ginn of the 47th, Golden of the 8th 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 comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell travel insurance; 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 86. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 105. By Senators Davis of the 22nd and Bethel of the 54th: 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 provide for a definition; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer when the charitable organization receives such contribution in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 25, 2013 2619 SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 139. By Senators Miller of the 49th, Staton of the 18th, Harbison of the 15th, Shafer of the 48th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd, Orrock of the 36th and Stone of the 23rd: A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 265. By Senators Crane of the 28th, Loudermilk of the 14th, Williams of the 19th, Albers of the 56th, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 43-14-8.1 of the Official Code of Georgia Annotated, relating to the license requirements for lowvoltage electrical contracting and applications therefor and businesses conducted by partnerships, limited liability companies, and corporations, so as to provide that a person licensed as an Electrical Contractor Class I or Electrical Contractor Class II may be issued a state-wide Low-voltage 2620 JOURNAL OF THE SENATE Contractor Class LV-A, LV-G, LV-U, or LV-T license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SR 629. By Senators McKoon of the 29th, Bethel of the 54th and Stone of the 23rd: A RESOLUTION encouraging the United States Congress to develop and implement a practical plan to secure our country's international borders and appropriate adequate funds for that purpose; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 609. By Representatives Rogers of the 10th and Gasaway of the 28th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Demorest," approved May 5, 2006 (Ga. L. 2006, p. 4301), as amended, so as to provide that the corporate limits of such city shall include certain property; to provide 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 613. By Representatives Henson of the 86th, Drenner of the 85th, Oliver of the 82nd, Mosby of the 83rd, Dawkins-Haigler of the 91st 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 614. By Representatives Jacobs of the 80th, Holcomb of the 81st, Oliver of the 82nd, Taylor of the 79th, Mayo of the 84th and others: A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), so as to provide a definition for MONDAY, MARCH 25, 2013 2621 the governing authority of the City of Brookhaven; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for cooperation of the district with the City of Brookhaven; to provide for powers of the district board; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 616. By Representative Morris of the 156th: A BILL to be entitled an Act to provide a new charter for the City of Lyons to provide for severability; 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 619. By Representatives Oliver of the 82nd, Holcomb of the 81st, Jacobs of the 80th, Taylor of the 79th, Drenner of the 85th 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. 976), 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 620. By Representatives Rice of the 95th, Marin of the 96th and Holcomb of the 81st: A BILL to be entitled an Act to authorize the City of Peachtree Corners to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for related matters; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2622 JOURNAL OF THE SENATE HB 622. By Representative Greene of the 151st: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 623. By Representative Benton of the 31st: A BILL to be entitled an Act to create the City of Commerce Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes Referred to the State and Local Governmental Operations Committee. HB 624. By Representative Greene of the 151st: A BILL to be entitled an Act to amend an Act creating the Dawson-Terrell County Airport Authority, approved April 4, 1997 (Ga. L. 1997, p. 3696), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3958), so as to change the membership; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 625. By Representatives Hitchens of the 161st and Burns of the 159th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005 (Ga. L. 2005, p. 3547), so as to provide that the corporate limits of such town shall include certain property; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 626. By Representative Channell of the 120th: A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. MONDAY, MARCH 25, 2013 2623 3223), so as to split the position of secretary-treasurer into two separate positions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 627. By Representatives Jones of the 47th, Geisinger of the 48th, Riley of the 50th, Wilkinson of the 52nd, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to change a certain provision relating to the dissolution of the district; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 628. By Representatives Neal of the 2nd, Deffenbaugh of the 1st and Weldon of the 3rd: A BILL to be entitled an Act to amend an Act to change the method of filling vacancies on the board of the hospital authority of Walker, Dade, and Catoosa counties, approved April 12, 1982 (Ga. L. 1982, p. 4531), so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 629. By Representatives Gregory of the 34th, Setzler of the 35th, Carson of the 46th, Cooper of the 43rd, Teasley of the 37th and others: A BILL to be entitled an Act to provide a new charter for the City of Kennesaw; to provide for reincorporation; to provide for an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 630. By Representative Kelley of the 16th: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652), so as to provide for districts; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2624 JOURNAL OF THE SENATE HB 631. By Representative Kelley of the 16th: A BILL to be entitled an Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 3949), so as to change certain provisions relating to the appointment, taking of office, and terms of office of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 632. By Representatives Dukes of the 154th and Greene of the 151st: A BILL to be entitled an Act to amend an Act providing for the Joint CountyMunicipal Board of Registration and Elections for Dougherty County and the City of Albany, approved March 18, 1986 (Ga. L. 1986, p. 3831), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4234), so as to provide for the appointment of members; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 634. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Bruce of the 61st, Smith of the 41st, Evans of the 42nd and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide for city council terms and qualifications for office; to provide for election of the city council and mayor; to provide for the powers and duties of the city manager; to provide for the qualifications of the municipal court judges; to provide for a code of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 635. By Representative Pruett of the 149th: A BILL to be entitled an Act to amend an Act to provide for the membership of the Dodge County-Eastman Development Authority, approved May 1, 2012 (Ga. L. 2012, p. 4970), so as to change the membership and terms of office of the Dodge County-Eastman Development Authority; to provide for the transfer of the powers, duties, assets, property, liabilities, and indebtedness of the Heart of Georgia Regional Airport Authority to the Dodge County-Eastman MONDAY, MARCH 25, 2013 2625 Development Authority; to provided a statement of authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 636. By Representative Pruett of the 149th: A BILL to be entitled an Act to amend an Act to create the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, so as to abolish the authority; to transfer all powers, powers, duties, assets, property, liabilities, and indebtedness of the authority to the Dodge County-Eastman Development Authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 638. By Representatives Ehrhart of the 36th, Cooper of the 43rd, Parsons of the 44th, Wilkerson of the 38th, Morgan of the 39th and others: A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3730), so as to provide for a supplement to be paid to each of the judges of the superior court of such circuit and an additional supplement for the chief judge of such circuit; 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 639. By Representatives Mitchell of the 88th, Williams of the 87th, Anderson of the 92nd, Jacobs of the 80th, Taylor of the 79th and others: A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), and an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2626 JOURNAL OF THE SENATE HB 641. By Representatives Parsons of the 44th, Cooper of the 43rd, Wilkerson of the 38th, Bruce of the 61st, Evans of the 42nd and others: A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 642. By Representatives Jacobs of the 80th, Holcomb of the 81st and Oliver of the 82nd: A BILL to be entitled an Act to amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 182 Do Pass by substitute HB 382 Do Pass by substitute HB 215 Do Pass HB 499 Do Pass Respectfully submitted, Senator McKoon of the 29th District, Chairman Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: MONDAY, MARCH 25, 2013 2627 HB 132 HB 517 Do Pass Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 143 Do Pass by substitute SR 597 Do Pass SR 594 Do Pass by substitute SR 598 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 203 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 Mullis of the 53rd 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 233 HB 514 HB 568 HB 577 HB 585 HB 592 HB 597 HB 602 Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 485 HB 526 HB 572 HB 583 HB 587 HB 596 HB 600 HB 613 Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass 2628 JOURNAL OF THE SENATE HB 635 HB 639 SB 256 SB 258 Do Pass Do Pass Do Pass Do Pass HB 636 SB 254 SB 257 SB 259 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman The following legislation was read the second time: HB 132 HB 517 HB 143 SR 594 HB 182 SR 597 HB 215 SR 598 HB 382 HB 499 Senator Bethel of the 54th asked unanimous consent that Senator Stone of the 23rd be excused. The consent was granted, and Senator Stone was excused. Senator Seay of the 34th asked unanimous consent that Senator Davis of the 22nd be excused. The consent was granted, and Senator Davis was excused. The following Senators were excused for business outside the Senate Chamber: Hill of the 6th Jones of the 25th Hill of the 4th Tolleson of the 20th Jackson of the 2nd The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Chance Cowsert Crane Crosby Davenport Dugan Fort Ginn Golden Harper Heath Henson Hill, Judson Hufstetler Jackson, B James Jeffares Ligon Loudermilk Lucas McKoon Millar Miller Mullis Murphy Orrock Ramsey Seay Shafer Sims Staton Tate Thompson, C Thompson, S Tippins Unterman Wilkinson MONDAY, MARCH 25, 2013 2629 Not answering were Senators: Carter, J. Harbison Jackson, L. (Excused) Stone (Excused) Davis (Excused) Hill, H. (Excused) Jones, B. (Excused) Tolleson (Excused) Gooch Hill, Jack (Excused) Jones, E. Williams 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, Father Keith Oglesby of Cumming, Georgia, who offered scripture reading and prayer. Senator Ramsey, Sr. of the 43rd recognized and congratulated the Miller Grove High School varsity boys basketball team on winning their fifth consecutive state championship, commended by SR 565, adopted previously. Senator Carter of the 42nd introduced the doctor of the day, Dr. Patty Schiff. The following resolutions were read and adopted: SR 627. By Senators Henson of the 41st, Butler of the 55th, Carter of the 42nd, Tate of the 38th and Heath of the 31st: A RESOLUTION recognizing and commending Tyler Rose; and for other purposes. SR 628. By Senators Heath of the 31st, Wilkinson of the 50th, Ligon, Jr. of the 3rd, Williams of the 19th, Loudermilk of the 14th and others: A RESOLUTION commending the Boy Scouts of America on their continued success, and recognizing its continued commitment to strong moral values of its youth and adult members, volunteers, and leaders; and for other purposes. SR 630. By Senator Harper of the 7th: A RESOLUTION commending Georgia Partnership for TeleHealth and recognizing March 1, 2013, as TeleHealth Day at the state capitol; and for other purposes. SR 631. By Senator Harper of the 7th: A RESOLUTION commending Mr. Jon Lindsey, the Class A 2012 Football Coach of the Year; and for other purposes. 2630 JOURNAL OF THE SENATE SR 632. By Senator Jeffares of the 17th: A RESOLUTION recognizing and commending Mr. Hugh L. Coffee on the occasion of his retirement; and for other purposes. SR 633. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Dr. James E. "Jim" Kundell for his service to the State of Georgia; and for other purposes. SR 634. By Senators Millar of the 40th, Sims of the 12th and Tippins of the 37th: A RESOLUTION recognizing and congratulating Thomas A. Wilson; and for other purposes. SR 635. By Senators Orrock of the 36th, Fort of the 39th, Henson of the 41st, Butler of the 55th, Davis of the 22nd and others: A RESOLUTION recognizing and commending the United Automobile, Aerospace, and Agricultural Implement Workers of America Region 8 for its outstanding contributions; 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 25, 2013 Thirty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 254 Harper of the 7th IRWIN COUNTY A BILL to be entitled an Act to create a board of elections and registration for Irwin County and to provide for its powers and duties; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 256 SB 257 SB 258 SB 259 MONDAY, MARCH 25, 2013 2631 Carter of the 1st Jackson of the 2nd CHATHAM COUNTY MAGISTRATE COURT 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 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide that the chief magistrate of Chatham County shall appoint any pro tempore magistrates; to repeal conflicting laws; and for other purposes. Mullis of the 53rd TOWN OF TRION A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. Mullis of the 53rd TOWN OF TRION A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. Mullis of the 53rd CITY OF FORT OGLETHORPE A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L 1996, p. 3892), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. 2632 HB 233 HB 485 HB 514 HB 526 JOURNAL OF THE SENATE Sims of the 12th CITY OF ALBANY A BILL to be entitled an Act to authorize the governing authority of the City of Albany to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Williams of the 19th CITY COURT OF SOPERTON A BILL to be entitled an Act to amend an Act to establish the City Court of Soperton (now known as the State Court of Treutlen), in and for the County of Treutlen, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, so as to change the salary of the judge and solicitor; to provide for an effective date; to repeal conflicting laws; and for other purposes. Staton of the 18th Lucas of the 26th Jones of the 25th CITY OF PAYNE CITY A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th HB 568 HB 572 MONDAY, MARCH 25, 2013 2633 Millar of the 40th Shafer of the 48th Albers of the 56th NORTH FULTON REGIONAL RADIO SYSTEM AUTHORITY A BILL to be entitled an Act to create the North Fulton Regional Radio System Authority; to provide a short title; to provide a declaration of need; to provide for membership of the authority; to provide for a quorum and voting; to define certain terms; to provide for the powers of the authority; to provide that indebtedness of the authority shall not constitute debt to the establishing local governments; to provide for venue of actions relating to any provisions of this Act; to provide for the purpose of the authority; to provide that the authority may establish rates and collect revenues for services; to provide for rules, regulations, and policies; to provide for tort immunity; to provide for exemptions from certain taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes. Crosby of the 13th CITY OF WARWICK A BILL to be entitled an Act to amend an Act providing a new charter for the City of Warwick, approved April 19, 2000 (Ga. L. 2000, p. 4334), so as to change the description of the council districts for the election of members of the city council to be consistent with the United States decennial census of 2010 for the State of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Crosby of the 13th WILCOX COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to 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 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. 2634 HB 577 HB 583 HB 585 JOURNAL OF THE SENATE Crosby of the 13th WILCOX COUNTY A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to 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. Chance of the 16th CITY OF GRIFFIN A BILL to be entitled an Act to authorize the Municipal Court of the City of Griffin to charge a technology fee for each civil case 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. SUBSTITUTE Lucas of the 26th CITY OF DAVISBORO A BILL to be entitled an Act to provide a new charter for the City of Davisboro; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for definitions and construction; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes. HB 587 HB 592 HB 596 HB 597 MONDAY, MARCH 25, 2013 2635 Crosby of the 13th DOOLY COUNTY A BILL to be entitled an Act to amend an Act to provide for the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended, so as to provide for compensation of the members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Harper of the 7th STATE COURT OF PIERCE COUNTY A BILL to be entitled an Act to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, so as to change the compensation of the judge and solicitor-general of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. Williams of the 19th BOARD OF EDUCATION OF TELFAIR A BILL to be entitled an Act to amend an Act reapportioning the election districts of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5385), so as to redistrict the Board of Education of Telfair County; to change the description of the education districts; to provide for the continuation in office of the current members and the election of subsequent members; to provide for related matters; 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 an effective date; to repeal conflicting laws; and for other purposes. Williams of the 19th CITY OF SCOTLAND A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Scotland to select its mayor and city councilmembers to serve for four-year terms; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for 2636 HB 600 HB 602 HB 613 HB 635 JOURNAL OF THE SENATE preclearance; to provide for related matters; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. Burke of the 11th CITY OF BAINBRIDGE A BILL to be entitled an Act to create the City of Bainbridge Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Sims of the 12th Crosby of the 13th AMERICUS-SUMTER A BILL to be entitled an Act to create the Americus-Sumter County Land Bank Authority; to provide for its membership, terms of office, powers, duties, and authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Davenport of the 44th 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. Crosby of the 13th DODGE COUNTY-EASTMAN A BILL to be entitled an Act to amend an Act to provide for the membership of the Dodge County-Eastman Development Authority, approved May 1, 2012 (Ga. L. 2012, p. 4970), so as to change the HB 636 HB 639 MONDAY, MARCH 25, 2013 2637 membership and terms of office of the Dodge County-Eastman Development Authority; to provide for the transfer of the powers, duties, assets, property, liabilities, and indebtedness of the Heart of Georgia Regional Airport Authority to the Dodge County-Eastman Development Authority; to provided a statement of authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Crosby of the 13th DODGE CUONTY-EASTMAN GEORGIA REGIONAL AIRPORT AUTHORITY A BILL to be entitled an Act to amend an Act to create the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, so as to abolish the authority; to transfer all powers, powers, duties, assets, property, liabilities, and indebtedness of the authority to the Dodge County-Eastman Development Authority; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Davenport of the 44th Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L. 1974, p. 391), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4696), an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), an Act approved March 27, 1995 (Ga. L. 1995, p. 3521), an Act approved April 2, 1998 (Ga. L. 1998, p. 4075), an Act approved May 6, 2005 (Ga. L. 2005, p. 3782), and an Act approved May 29, 2007 (Ga. L. 2007, p. 4132), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. 2638 JOURNAL OF THE SENATE The substitute to the following bill was put upon its adoption: *HB 514: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 514: A BILL TO BE ENTITLED AN ACT To amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), is amended by revising subsection (a) of Section 23 as follows: "(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. The City of Macon, City of Payne City, and Bibb County shall adopt budgets for the period from July 1, 2013, and the date the consolidated government becomes effective. The finance departments of such entities shall develop a proposed budget for the consolidated government from the date such government is effective and the end of fiscal year 2014." SECTION 2. Said Act is further amended by revising paragraph (1) of subsection (b) of Section 23 as follows: "(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, City of Payne City, and Bibb County, plus any funds required by accounting standards to be dissolved and made part of the general fund and 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." MONDAY, MARCH 25, 2013 2639 SECTION 3. Said Act is further amended by repealing subsections (e) and (f) of Section 23. SECTION 4. Said Act is further amended by revising Section 24 as follows: "SECTION 24. (a) 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. (b) It is the purpose of this section that property shall be subject to taxation in relation to services received. (c) Within four years of the effective date of this charter, the restructured government shall adopt a service delivery plan." SECTION 5. Said Act is further amended by revising subsection (e) of Section 30 to read as follows: "(e) Except as provided by this charter or prohibited by the general laws of this state, 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 City of Payne City shall serve out the term of office to which such members were 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 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." 2640 JOURNAL OF THE SENATE SECTION 6. Said Act is further amended by revising subsection (a) of Section 31 as follows: "(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 judgment upon the qualifications of applicants and candidates for promotion; provided, however, that eligible personnel of the city police department shall be covered by the Bibb County Police Civil Service System established by an Act approved March 5, 1955 (Ga. L. 1955, p. 682), as now or hereafter amended. 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." SECTION 7. Said Act is further amended by revising Section 33 as follows: "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.' (b) Where the enabling legislation or ordinance of a board, commission, retirement committee, or authority calls for a membership position or appointment authority for the mayor of the City of Macon, Chairperson of the Board of Commissioners of Bibb County, or the Board of commissioners of Bibb County, the term: (1) 'Mayor of the City of Macon' shall be construed to refer to the mayor of MaconBibb County; (2) 'Chairperson of the Board of Commissioners of Bibb County' shall be construed to mean the mayor of Macon-Bibb County; (3) 'City Council of the City of Macon' and 'Board of Commissioners of Bibb County' shall be construed to refer to the Macon-Bibb County Commission; (4) 'City councilmember' shall be construed to refer to members of the Macon-Bibb County Commission; and (5) 'President of the Macon City Council' shall be construed to refer to the mayor pro tem of Macon-Bibb County. (c) Except as otherwise provided in this charter or applicable state law, 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 for original MONDAY, MARCH 25, 2013 2641 appointment, except as otherwise provided in this charter or by applicable state law. (d) Except as otherwise provided in this charter or applicable state law, 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) Except as otherwise provided in this charter or applicable state law, members of all boards, commissions, and authorities of the restructured government shall serve fouryear 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) Except as otherwise provided in this charter or applicable state law, 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. (g) Except as otherwise provided in this charter or applicable state law, 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 8. Said Act is further amended by revising paragraph (6) of subsection (a) of Section 37 as follows: "(6) The president of the Bibb County Chamber of Commerce or his or her designee;" SECTION 9. Said Act is further amended by revising subsection (b) of Section 41 to read as follows: "(b) Except as provided in Section 39 of this Act, the remaining provisions of this Act shall become effective on January 1, 2014." SECTION 10. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 45, nays 0, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 583: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 583: 2642 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To authorize the Municipal Court of the City of Griffin to charge a technology fee for each criminal and quasi-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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The clerk of the Municipal Court of the City of Griffin shall be entitled to charge and collect a technology fee as a surcharge to each criminal and quasi-criminal fine paid. The technology fee shall be set by order of the judge of the court, provided that the fee shall not exceed $5.00. Such fee shall be used exclusively to provide for the following technological needs of the court: the purchase, lease, maintenance, and installation of computer hardware and software; and the purchase, lease, maintenance, and installation of equipment and software used for imaging, scanning, facsimile, communications, projections, and printing. All funds collected pursuant to this Act shall be maintained in a segregated account by the clerk of the court, separate from other funds of the city, and shall be expended only for authorized purposes upon order of the judge after consultation with the clerk and public safety director. The funds may be used to reimburse the city's information technology department for services provided to the court. 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. On the adoption of the substitute, the yeas were 45, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Harbison Harper Y Heath Y Henson Y Miller Y Mullis Y Murphy Y Orrock MONDAY, MARCH 25, 2013 2643 Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Hill, H E Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares E Jones, B Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 45, nays 0. The bills on the Local Consent Calendar, except HB 514 and HB 583, having received the requisite constitutional majority, were passed. HB 514 and HB 583, having received the requisite constitutional majority, were passed by substitute. Senator Chance of the 16th was excused for business outside the Senate Chamber. Senator Jeffares of the 17th moved to engross HB 210, 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J E Chance Y Cowsert Harbison Y Harper Y Heath N Henson Y Hill, H E Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone 2644 JOURNAL OF THE SENATE Crane Y Crosby N Davenport E Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N James Y Jeffares E Jones, B Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Millar N Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 33, nays 13; the motion prevailed, and HB 210 was engrossed. Senator Golden of the 8th moved to engross HB 193, which was on today's Senate Rules Calendar. Senator Lucas of the 26th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J E Chance Y Cowsert Crane Y Crosby N Davenport E Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath N Henson Hill, H E Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares E Jones, B Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Millar Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 33, nays 13; the motion prevailed, and HB 193 was engrossed. MONDAY, MARCH 25, 2013 2645 Senator Wilkinson of the 50th moved to engross HB 304, which was on today's Senate Rules Calendar. On the motion, there was no objection, and HB 304 was engrossed. The following Senators were excused for business outside the Senate Chamber: Jones of the 10th Ramsey, Sr. of the 43rd SENATE RULES CALENDAR MONDAY, MARCH 25, 2013 THIRTY-EIGHTH LEGISLATIVE DAY HB 36 Game and fish; definition of "game fish"; revise (NR&E-1st) Watson-166th HB 45 Public property; writing off small amounts due to the state; change certain provisions (APPROP-18th) Ehrhart-36th HB 83 Mortgage broker licensing requirements; licensed real estate brokers and salespersons assisting in a short sale real estate transaction; exempt (RI&U-29th) Knight-130th HB 115 HR 4 Local boards of education; suspension and removal of members under certain circumstances; revise provisions (Substitute)(ED&Y-37th) Dickson-6th Georgia and Tennessee; boundary dispute; propose settlement (JUDY-48th) Geisinger-48th HB 116 Georgia Foundation for Public Education; state board donations, gifts and other property held in trust; authorize transfer (ED&Y-37th) Dickson-6th HB 161 HB 192 HB 193 HB 208 Trial juries; oath of bailiffs; change provisions (JUDY-3rd) Atwood-179th Podiatry; podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; provide (H&HS-52nd) Kidd-145th Sales and use tax; tangible personal property to certain nonprofit health centers; provide exemption only for a limited period of time (Substitute)(FIN-8th) Stephens-164th Nursing homes; annually offer influenza vaccinations to health care workers and other employees; require (H&HS-40th) Watson-166th 2646 HB 210 HB 246 HB 274 HB 283 HB 298 HB 304 HB 312 HB 315 HB 389 HB 458 HB 361 HB 150 HB 187 HB 354 JOURNAL OF THE SENATE Gasoline and aviation fuel; temporary suspension of the collection of taxes; provide legislative findings (FIN-17th) Nimmer-178th Georgia World Congress Center Authority; benefit programs to its officers, employees, and other agents; provide (Substitute)(I&L-8th) Golick-40th Game and fish; regulate practice of falconry (NR&E-4th) Burns-159th Education; update and revise terminology; provisions (Substitute) (ED&Y-37th) Coleman-97th Agricultural Commodity Commission for Georgia Grown Products; create (AG&CA-50th) Dickey-140th Freeport exemption; applicability to fertilizer production processes; clarify (FIN-50th) McCall-33rd Insurance; regulating insurance holding company systems; provide comprehensive revision of provisions (I&L-29th) Carson-46th Nurses; continuing competency requirements as requirement for license renewal; provide (Substitute)(H&HS-45th) Cooper-43rd Insurance; provide conversion and enhanced conversion rights and coverage; sunset requirements (I&L-29th) Taylor-173rd Condominiums; maximum allowable casualty insurance deductible imposed by associations; change (I&L-3rd) Atwood-179th Labor organizations membership; provide for definitions; provisions (Substitute)(I&L-21st) Lindsey-54th Law enforcement officers; the reproduction of arrest booking photographs; enact provisions (SJUDY-23rd) Bruce-61st Controlled substances; date of incorporation of local ordinances by reference; change (JUDYNC-17th) Dickerson-113th Early Care and Learning, Department of; provide certain information to owners of early care and education programs; require (ED&Y-23rd) Clark-101st MONDAY, MARCH 25, 2013 2647 HB 454 Budget report; require certain items to be included in tax expenditure review (APPROP-19th) Martin-49th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 36. By Representatives Watson of the 166th, Burns of the 159th, Stephens of the 164th, Bryant of the 162nd, Dutton of the 157th and others: A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to game and fish definitions, so as to revise the definition of "game fish"; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath N Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy N Orrock E Ramsey N Seay Y Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 2648 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 38, nays 12. HB 36, having received the requisite constitutional majority, was passed. Senator Harbison of the 15th was excused for business outside the Senate Chamber. Senator Hill of the 4th was excused as a Conferee. HB 45. By Representative Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; 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. Senator McKoon of the 29th offered the following amendment #1: Amend HB 45 by inserting the following after "due to the state;" on line 3: to amend Code Section 50-3-54 of the Official Code of Georgia Annotated, relating to the state wild flower, so as to designate the native azalea as the state wild flower; By inserting between Parts I and II the following: PART IA SECTION IA-1. Code Section 50-3-54 of the Official Code of Georgia Annotated, relating to the state wild flower, is amended as follows: "50-3-54. The azalea is native azaleas (Rhododendron sp.), collectively, are designated as the Georgia state wild flower." Senator McKoon of the 29th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the McKoon amendment #1 was withdrawn. The report of the committee, which was favorable to the passage of the bill, was agreed to. MONDAY, MARCH 25, 2013 2649 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 45, having received the requisite constitutional majority, was passed. The President recognized Ira Spradlin. Ira Spradlin addressed the Senate briefly. The Calendar was resumed. HB 83. By Representatives Knight of the 130th, Clark of the 98th, Teasley of the 37th, Pezold of the 133rd and Braddock of the 19th: 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 mortgage brokers, so as to exempt licensed real estate brokers and salespersons assisting in a short sale real estate transaction from the mortgage broker licensing requirements; 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. 2650 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 83, having received the requisite constitutional majority, was passed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 633. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Bruce of the 61st, Evans of the 42nd, Smith of the 41st and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to change the description of the wards; 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 MONDAY, MARCH 25, 2013 2651 HB 640. HB 653. SB 238. SB 249. Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Dutton of the 157th: 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 28, 1985 (Ga. L. 1985, p. 4756), so as to change the description of the wards; 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. By Representatives Cheokas of the 138th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3039), and by an Act approved March 26, 1980 (Ga. L. 1980, p. 4247), so as to change the compensation of the judge of such court; to change the provisions regarding the practice of law by such judge; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Loudermilk of the 14th, Albers of the 56th and Beach of the 21st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Nelson, approved April 7, 1992 (Ga. L. 1992, p. 5615), as amended, so as to revise certain provisions relating to the powers and duties of the mayor; to add powers of the city council regarding city employees; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senators Beach of the 21st and Loudermilk of the 14th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by that Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide for the election of councilmembers from wards; to provide that such officers shall be elected by plurality vote of the electors of 2652 JOURNAL OF THE SENATE the city at large; 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. Mr. President: The House has agreed to the Senate substitute to the following Bills of the House: HB 241. By Representatives Gardner of the 57th, Bell of the 58th, Kaiser of the 59th, Waites of the 60th, Abrams of the 89th and others: A BILL to be entitled an Act to amend an Act to continue the existence of the Atlanta Independent School System under the management and control of the Atlanta Board of Education, approved June 3, 2003 (Ga. L. 2003, p. 4154), 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 provide for effective dates; to repeal conflicting laws; and for other purposes. HB 553. By Representative Morris of the 156th: A BILL to be entitled an Act to amend an Act repealing an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to provide for appointment of a county manager and the powers and duties thereof; to repeal conflicting laws; and for other purposes. Senator Dugan of the 30th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 115. By Representatives Dickson of the 6th, Lindsey of the 54th, Coleman of the 97th and Casas of the 107th: 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. Senate Sponsor: Senator Tippins of the 37th. MONDAY, MARCH 25, 2013 2653 The Senate Education and Youth Committee offered the following substitute to HB 115: A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise provisions relating to suspension and removal of local school board members upon potential loss of accreditation; to prohibit the use of public funds for litigation expenses relating to such removal proceedings; to provide for statutory construction; to provide for reimbursement of attorney's fees and related expenses under certain conditions; to provide for eligibility for HOPE scholarship for students attending schools which have lost accreditation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-73, relating to suspension and removal of local school board members under certain circumstances, as follows: "20-2-73. (a)(1) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519, the local board of education shall notify the State Board of Education in writing within three business days of such placement and the State Board of Education shall conduct a hearing in not less than ten days of such notice nor more than 30 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. A majority of the members of a local board of education may petition the State Board of Education to continue any hearing scheduled under this subsection. Upon a showing of good cause, the state board may in its sound discretion continue any such hearing. Notwithstanding any other provision of law, deliberations held by the State Board of Education pursuant to this subsection to formulate its recommendation to the Governor shall not be open to the public; provided, however, that testimony shall be taken in an open meeting and a vote on the recommendation shall be taken in an open meeting following the hearing or at the next regularly scheduled meeting. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. 2654 JOURNAL OF THE SENATE (2) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school has been placed on, as of April 20, 2011, the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and does not reattain full accreditation status by July 1, 2011, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member. (c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member's continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain or reattain its accreditation. The appealing member shall be given at least 30 days' notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the agency, and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the local board of education member's continued service on the local board of education improves the ability of the local school system or school to retain or reattain its accreditation, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50. (d) Paragraph (1) of subsection Subsection (a) of this Code section shall apply to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after April 20, 2011. MONDAY, MARCH 25, 2013 2655 (e) This Code section shall apply to all local board of education members, regardless of when they were elected or appointed For purposes of this Code section, an eligible member of a local board of education shall mean a board member who was serving on the local board at the time the accrediting agency placed the local school system or school on the level of accreditation immediately preceding loss of accreditation. (f) A local board of education shall not expend any public funds for attorney's fees or expenses of litigation relating to proceedings initiated pursuant to this Code section except to the extent such fees and expenses are incurred prior to and through the recommendation of the state board as provided for in subsection (a) of this Code section; provided, however, that nothing in this subsection shall be construed to prohibit an insurance provider from covering attorney's fees or expenses of litigation under an insurance policy. (g) Any suspended board member who is reinstated by the Governor pursuant to this Code section may be reimbursed by the local board of education for his or her reasonable attorney's fees and related expenses incurred in pursuing such reinstatement." SECTION 2. Said title is further amended in Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, by revising paragraph (6) as follows: "(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Southern Association of Independent Schools; provided, however, that between July 1, 2013, and June 30, 2015, if a high school located in Georgia was accredited by one of the accrediting agencies included in this subparagraph within the previous two years, such high school shall be considered an eligible high school for purposes of this subparagraph; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools." 2656 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. Senators Fort of the 39th and Henson of the 41st offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to HB 115 (LC 33 5170S) by inserting after "conditions;" on line 5 the following: to provide restrictions on remediation to reattain full accreditation; By inserting between lines 90 and 91 the following: SECTION 1A. Said title is further amended in Article 3 of Chapter 2, relating to local boards of education, by adding a new Code section to read as follows: "20-2-73.1. (a) As used in this Code section, the term 'accrediting agency' means an entity included in subparagraph (A) of paragraph (6) of Code Section 20-3-519. (b) A local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by an accrediting agency shall not utilize that same accrediting agency for any remediation required to reattain full accreditation." On the adoption of the amendment, the President asked unanimous consent. Senator Tippins of the 37th objected. On the adoption of the amendment, Senator Fort of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Beach N Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane E Harbison N Harper N Heath Y Henson N Hill, H C Hill, Jack N Hill, Judson N Hufstetler Y Jackson, B Y Jackson, L Y James N Miller N Mullis N Murphy Y Orrock E Ramsey Y Seay N Shafer Y Sims N Staton N Stone Y Tate MONDAY, MARCH 25, 2013 2657 N Crosby Y Davenport Y Davis E Dugan Y Fort N Ginn N Golden N Gooch N Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas N McKoon N Millar 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 35, and the Fort, 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch E Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 44, nays 6. HB 115, having received the requisite constitutional majority, was passed by substitute. 2658 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 Bill of the Senate: SB 156. By Senators Tolleson of the 20th, Wilkinson of the 50th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 12-4-72 of the Official Code of Georgia Annotated, relating to definitions relative to surface mining, so as to revise a definition; 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 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 25, 2013 2659 SB 216. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 225. By Senators Stone of the 23rd and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in substituting the following Bill of the Senate: SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. At 11:47 a.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. 2660 JOURNAL OF THE SENATE The Calendar was resumed. HR 4. By Representatives Geisinger of the 48th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others: A RESOLUTION proposing a settlement of the boundary dispute between the State of Georgia and the State of Tennessee; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. Senator Shafer of the 48th offered the following amendment #1: Amend HR 4 (LC 28 6429) by striking "the current boundary between the two states reflecting" on line 17; by striking the period at the end of line 35 and inserting in lieu thereof "; and"; and by inserting the following after line 35: WHEREAS, the General Assembly of the State of Georgia desires to settle potential litigation with the State of Tennessee regarding the proper location of the boundary line between the states of Georgia and Tennessee on the terms and conditions set forth in this resolution, but hereby reserves its right, if such offer is rejected by or not timely acted on by the Tennessee legislature, to insist, in litigation or otherwise, on the true and correct boundary line between the states of Georgia and Tennessee as the 35th parallel of north latitude. By inserting after line 42 the following: BE IT FURTHER RESOLVED that, if an agreement resolving the boundary dispute is not reached as of the last day on which the General Assembly convenes in regular session in 2014, the Attorney General of Georgia is hereby authorized and directed to take such action as is required to initiate suit in the United States Supreme Court against the State of Tennessee for final settlement of the boundary issue. 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 adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Miller N Mullis Y Murphy Orrock Y Ramsey MONDAY, MARCH 25, 2013 2661 Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Ginn Y Golden Y Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Seay Y Shafer Y Sims Y Staton Y Stone 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 48, nays 2. HR 4, having received the requisite constitutional majority, was adopted as amended. The following House legislation was read the first time and referred to committee: HB 633. By Representatives Wilkerson of the 38th, Ehrhart of the 36th, Bruce of the 61st, Evans of the 42nd, Smith of the 41st and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to change the description of the wards; 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 640. By Representative Dutton of the 157th: 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 28, 1985 (Ga. L. 1985, p. 4756), so as to change the description of the wards; 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 2662 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 repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 653. By Representatives Cheokas of the 138th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3039), and by an Act approved March 26, 1980 (Ga. L. 1980, p. 4247), so as to change the compensation of the judge of such court; to change the provisions regarding the practice of law by such judge; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following bill was taken up to consider House action thereto: HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Miller of the 49th asked unanimous consent that the Senate adhere to its substitute to HB 487 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Unterman of the 45th, Miller of the 49th and Bethel of the 54th. The Calendar was resumed. HB 116. By Representatives Dickson of the 6th, Coleman of the 97th, Lindsey of the 54th and Casas of the 107th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, MONDAY, MARCH 25, 2013 2663 so as to authorize the state board to transfer donations, gifts, and other property held in trust to the Georgia Foundation for Public Education for management and administration; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tippins of the 37th. Senators Henson of the 41st, Tate of the 38th and Fort of the 39th offered the following amendment #1: Amend HB 116 by inserting after "state board" on line 40 and "Education" on line 57 the following: up to an amount or value not to exceed $100,000.00 per year On the adoption of the amendment, the President asked unanimous consent. Senator Tippins of the 37th objected. On the adoption of the amendment, the yeas were 15, nays 32, and the Henson, 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams 2664 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 42, nays 11. HB 116, having received the requisite constitutional majority, was passed. Senator David Shafer, President Pro Tempore, assumed the Chair. HB 161. By Representatives Atwood of the 179th, Willard of the 51st, Fleming of the 121st, Hightower of the 68th, Pak of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to change provisions relating to the oath of bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ligon, Jr. of the 3rd. The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer (PRS) Y Sims Y Staton Y Stone 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 161, having received the requisite constitutional majority, was passed. MONDAY, MARCH 25, 2013 2665 HB 192. By Representatives Kidd of the 145th and Sharper of the 177th: A BILL to be entitled an Act to amend Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, so as to provide that podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler of the 52nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer (PRS) Y Sims Y Staton Y Stone 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 47, nays 3. HB 192, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: 2666 JOURNAL OF THE SENATE Senator Tommie Williams District 19 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Natural Resources and the Environment Reapportionment and Redistricting Transportation The State Senate Atlanta, Georgia 30334 Please record my vote on HB 192 as a yea. 3-25-13 /s/ Tommie Williams HB 193. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; 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 GREG S. GRIFFIN State Auditor (404) 656-2174 MONDAY, MARCH 25, 2013 2667 February 27, 2013 Honorable Mickey Channell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 193 (LC 34 3647) 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 amends O.C.G.A. Section 48-8-3 to provide an exemption for a limited period of time from the sales and use tax imposed pursuant to O.C.G.A. Section 48-8-30 relating to certain nonprofit health centers, nonprofit volunteer health clinics, qualified food banks, and donated food. For nonprofit health centers and nonprofit volunteer health clinics, the exemption would apply to certain sales or uses of tangible personal property occurring July 1, 2013 through July 1, 2016. For qualified food banks and donated food, the exemption would apply to certain sales of eligible food and beverages and the use of certain donated food occurring July 1, 2013 through June 30, 2016. The legislation's effective date is July 1, 2013. Nonprofit Health Centers For nonprofit health centers, the legislation specifies that in order to be entitled to the sales and use tax exemption the health center must (i) be located in Georgia, (ii) be established under the authority of and receiving funds pursuant to the United States Public Health Service Act, 42 U.S.C. Section 254b, and (iii) obtain an exemption determination letter from the Georgia Commissioner of Revenue (Commissioner). Nonprofit health centers that would meet the legislation's criteria are known as Federally Qualified Health Centers (FQHCs). FQHCs purchase tangible personal property falling roughly into three categories: durable medical supplies, nondurable medical supplies, and administrative supplies. To estimate the amount spent on durable and nondurable medical supplies, historical expenditure data for Georgia for the years 1980 through 2009 were obtained from the Centers for Medicare & Medicaid Services. The percentage of durable medical supplies expenditures to total expenditures was first calculated. The percentage of nondurable medical supplies expenditures to total expenditures was then calculated. 2668 JOURNAL OF THE SENATE The data did not include a similar breakout of administrative expenditures; however, based on information obtained from industry representatives, the percentage of administrative expenditures to total expenditures is assumed to be 5%. The amount of expenditures in future years was estimated by applying a growth rate based on historical data. Data on the total accrued healthcare costs of FQHCs located in Georgia were available from the U.S. Department of Health & Human Services, Health Resources & Services Administration. Projected total healthcare costs of Georgia FQHCs for future years were estimated by applying a trend based on the historical data. The respective expenditure percentages for each category of tangible personal property were then applied to the estimates of the total costs of Georgia FQCHs to calculate eligible tangible personal property expenditures for FY2014 through FY2016. The exemption for sales of tangible personal property to an FQHC only extends to the state portion of the sales and use tax and does not apply to any local sales and use tax. Accordingly, to estimate the revenue impact of the exemption the state sales and use tax rate of 4% was applied to eligible expenditures. The estimated state revenue impact from the exemption relating to nonprofit health centers ranges from -$678,179 in FY2014 to -$769,998 in FY2016 for a total state tax revenue impact of $2,172,287. Nonprofit Volunteer Health Clinics For nonprofit volunteer health clinics, the legislation specifies that in order to be entitled to the sales and use tax exemption the health clinic must (i) primarily treat persons with incomes below 200% of the federal poverty level, (ii) use such property and services exclusively in performing a general treatment function in Georgia, (iii) be a tax exempt organization under the Internal Revenue Code of 1986, as amended, and (iv) obtain an exemption determination letter from the Commissioner. The Georgia Charitable Care Network (GCCN) provided data on the total number of patient visits and the average cost per patient visit at volunteer clinics in Georgia for the years 2009 through 2011. GCCN estimates that eligible expenditures constitute 70% of total costs for volunteer health clinics. According to GCCN, total patient visits at volunteer health clinics in Georgia have grown from 210,116 in 2009 to 444,620 in 2011; however, GCCN does not expect that patient visits will continue to grow at the same rate. Therefore, rather than applying the growth rate calculated from GCCN's patient numbers to determine the estimated costs in future years, the historical growth rate calculated for FQHCs was used as a proxy for volunteer health clinic patient growth and applied to 2011 total costs. The estimated costs for future years were then multiplied by 70% to estimate the amount of eligible expenditures. MONDAY, MARCH 25, 2013 2669 To estimate the state revenue impact of the exemption relating to nonprofit volunteer health clinics, the state sales and use tax rate of 4% was applied to the eligible expenditures. The estimated state revenue impact from the exemption relating to nonprofit volunteer health clinics ranges from -$793,443 in FY2014 to -$902,280 in FY2016 for a total state tax revenue impact of -$2,543,585. Local sales and use tax rates in Georgia vary from 1% to 4%, depending upon the aggregate local option sales and use tax rate imposed within any particular local jurisdiction. The most common local sales and use tax rate is 3% which was used to estimate the local government revenue impact using the same methodology described above. The estimated local revenue impact from the exemption relating to nonprofit volunteer health clinics ranges from -$595,082 in FY2014 to -$676,710 in FY2016 for a total local revenue impact of -$1,907,688. Qualified Food Banks and Donated Food The legislation specifies that sales of food and food ingredients to a qualified food bank, the use of prepared food that is donated to a qualified nonprofit agency and used for hunger relief purposes, and the use of prepared food that is donated following a natural disaster and used for hunger relief purposes, will be exempt from sales and use taxes. The Georgia Food Bank Association (GFBA) provided data on the dollar value of food purchased in 2011 and 2012 by qualified food banks. The amount of food purchased in future years was estimated by applying a trend calculated from the GFBA data. The GFBA also provided data on the volume, by weight, of prepared food donated for hunger relief and for disaster relief. Feeding America, one of the largest hunger relief charities in the United States, provided data indicating that it values donated prepared food at $1.60 per pound, and this amount was multiplied by the volume of donated prepared food data obtained from GFBA. Although the amount of food donated for hunger relief decreased from 2011 to 2012, for purposes of this analysis the decline is assumed to level off and remain constant for the relevant time frame. To estimate the revenue impacts of the exemptions relating to qualified food banks and donated food, the current 4% state sales and use tax rate and 3% local sales and use tax rate were applied to the food sales and donation data described above. The estimated state revenue impact from the exemption ranges from -$434,623 in FY2014 to -$497,436 in FY2016 for a total state tax revenue impact of -$1,396,981. The estimated local government revenue impact ranges from -$325,968 in FY2014 to $373,077 in FY2016 for a total local revenue impact of -$1,047,737. The following tables show the legislation's total estimated revenue impact for the three-year period beginning FY2014 through FY2016: 2670 JOURNAL OF THE SENATE Table 1: Total State Revenue Impact FY2014 FY2015 -$1,906,245 -$2,036,894 FY2016 -$2,169,714 Total -$6,112,853 Table 2: Total Local Government Revenue Impact FY2014 -$921,050 FY2015 -$984,588 FY2016 -$1,049,787 Total -$2,955,425 Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 193: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to a state income tax credit for film, video, or digital production, so as to allow transfers of entertainment tax credits to certain entities; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time 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 a limited period of time with respect to the use of food donated for disaster relief purposes; to change the dates for the school sales tax holiday in 2013; to provide for an exemption from state sales and use tax only with respect to certain sales to a qualified job training organization; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to a state income tax credit for film, video, or digital production, is amended by revising subsection MONDAY, MARCH 25, 2013 2671 (g) as follows: "(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 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, including a transfer or sale to a pass-through entity in the form of a partnership, Subchapter 'S' corporation, or limited liability company, which may then transfer or sell such tax credits to a final purchaser; (2) Such production company, or qualified interactive entertainment production company, or pass-through entity as specified in paragraph (1) of this subsection 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, or pass-through entity'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, or pass-through entity as specified in paragraph (1) of this subsection 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 (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." 2672 JOURNAL OF THE SENATE SECTION 2. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising subparagraph (A) of paragraph (7.05), paragraph (7.3), subparagraph (A) of paragraph (57.1), subparagraph (A) of paragraph (57.2), subparagraph (A) of paragraph (57.3), and subparagraph (A) of paragraph (75), by deleting "or" at the end of paragraph (94), by deleting the period and adding "; or" at the end of paragraph (95), and by adding a new paragraph (96) to read as follows: "(7.05)(A) For the period commencing on July 1, 2008 2013, and ending on June 30, 2010 June 30, 2015, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner." "(7.3) For the period commencing July 1, 2008 2013, and ending June 30, 2010 June 30, 2015, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;" "(57.1)(A) From July 1, 2006 2013, 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 2013, and ending on June 30, 2011 2015, the use of prepared food which is donated to a qualified nonprofit agency and which are is used for hunger relief purposes." "(57.3)(A) For the period commencing July 1, 2007 2013, and ending on June 30, 2011 2015, the use of prepared food which is donated following a natural disaster and which are is used for disaster relief purposes." "(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during periods: (i) Commencing at 12:01 A.M. on August 10, 2012, and concluding at 12:00 Midnight on August 11, 2012; and (ii) Commencing at 12:01 A.M. on August 9 2, 2013, and concluding at 12:00 Midnight on August 10 3, 2013." "(96)(A) For the period commencing July 1, 2013, and ending on June 30, 2015, sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For the purposes of this paragraph, 'qualified job training organization' means an organization which: (i) Is located in this state; (ii) Is exempt from income taxation under Section 501(c)(3) of the Internal MONDAY, MARCH 25, 2013 2673 Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' means any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; and by or pursuant to Article 2, Article 2A, Part 1 or Part 2 of Article 3, Article 4, or Article 5 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph." SECTION 3. This Act shall become effective on July 1, 2013. 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer (PRS) Y Sims Y Staton Y Stone Y Tate 2674 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas Y McKoon Y Millar 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 4. HB 193, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Tommie Williams District 19 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Natural Resources and the Environment Reapportionment and Redistricting Transportation The State Senate Atlanta, Georgia 30334 Please record my vote on HB 193 as a yea. 3-25-13 /s/ Tommie Williams HB 208. By Representatives Watson of the 166th, Lindsey of the 54th, Carter of the 175th, Cooper of the 43rd, Pak of the 108th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require nursing homes to annually offer influenza vaccinations to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Millar of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. MONDAY, MARCH 25, 2013 2675 On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers Y Balfour Y Beach N Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis N Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer (PRS) Y Sims Y Staton Y Stone 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 9. HB 208, having received the requisite constitutional majority, was passed. HB 210. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Roberts of the 155th, Burns of the 159th and others: A BILL to be entitled an Act to amend Code Section 48-8-17 of the Official Code of Georgia Annotated, relating to the temporary suspension of the collection of taxes on gasoline and aviation fuel, so as to provide for legislative findings; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending temporarily the collection of such taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2676 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer (PRS) Y Sims Y Staton Y Stone 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 52, nays 0. HB 210, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Harper of the 7th Ramsey, Sr. of the 43rd Stone of the 23rd The following Senators were excused as Conferees: Bethel of the 54th Miller of the 49th The Calendar was resumed. HB 246. By Representatives Golick of the 40th, Smith of the 134th, Neal of the 2nd and Shaw of the 176th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to provide benefit programs to its officers, MONDAY, MARCH 25, 2013 2677 employees, and other agents, including a retirement plan and a group insurance plan; to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to extend the option to elect coverage in the program to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Golden of the 8th. The Senate Insurance and Labor Committee offered the following substitute to HB 246: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to provide benefit programs to its officers, employees, and other agents, including a retirement plan and a group insurance plan; to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to extend the option to elect coverage in the program to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions for the Geo. L. Smith II Georgia World Congress Center Authority, is amended by revising paragraph (4) of subsection (b) of Code Section 10-9-4, relating to authority powers, as follows: "(4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation, and establish a flexible employee benefit plan for authority employees which may include those flexible employee benefits described in Code Section 45-18-52;" SECTION 2. Said article is further amended by revising Code Section 45-18-54, relating to continuation of optional plans, approval of optional plans, or contracting with new or additional insurers, by adding a new subsection to read as follows: "(d) The Geo. L. Smith II Georgia World Congress Center Authority shall have the option to irrevocably elect or reject coverage for employees of the authority in this program no later than June 30, 2014. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily designated amounts, including insurance, from the 2678 JOURNAL OF THE SENATE salaries of the full-time employees must be approved by the council. If the authority elects to participate in the coverage under this plan, it shall be assessed a pro rata share of the cost of administering the plan." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd moved that HB 246 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: N Albers N Balfour N Beach C Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis N Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison E Harper N Heath Y Henson Y Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas N McKoon N Millar C Miller Mullis N Murphy Y Orrock E Ramsey Y Seay Shafer (PRS) Y Sims Y Staton E Stone Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the motion, the yeas were 20, nays 27; the motion lost, and HB 246 was not placed on the Table. Senator Carter of the 42nd moved that HB 246 be dropped to the foot of today's Senate Rules Calendar. On the motion the yeas were 12, nays 27; the motion lost, and HB 246 was not placed at the foot of the Rules Calendar. Senator Murphy of the 27th was excused for business outside the Senate Chamber. The President resumed the Chair. MONDAY, MARCH 25, 2013 2679 Senator Balfour of the 9th moved the previous question. 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 Beach C Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar C Miller Y Mullis E Murphy N Orrock E Ramsey N Seay Y Shafer N Sims Y Staton E Stone N Tate N Thompson, C N Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 32; nays 14, the motion prevailed, and the previous question was ordered. Senator Crane of the 28th offered the following amendment #1: Amend the Senate Insurance and Labor Committee substitute to HB 246 (LC 37 1609S) by inserting after "authority;" on line 7 the following: to amend Code Section 45-18-2 of the Official Code of Georgia Annotated, relating to the authority of the Board of Community Health to establish health insurance plan, rules and regulations, provisions of plan generally, and coverage for retiring or retired employees relating to the state employees' health insurance plan, so as to provide that no health insurance plan for employees of this state shall offer coverage for abortion services; By redesignating Section 3 as Section 4 and by inserting after line 30 the following: SECTION 3. Code Section 45-18-2 of the Official Code of Georgia Annotated, relating to the board's authority to establish health insurance plan, rules and regulations, provisions of plan 2680 JOURNAL OF THE SENATE generally, and coverage for retiring or retired employees, is amended by adding a new subsection to read as follows: "(a.1) No health insurance plan shall offer coverage for abortion services." Senator Unterman of the 45th offered the following amendment #1a: Amend amendment # 1 AM 21 3860 to HB 246 by adding at the end of line 14 remove the (.) and add: unless needed due to the mother's medical necessity or to preserve mother's life. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Albers Balfour Y Beach C Bethel Burke Y Butler N Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Davis N Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas N McKoon Y Millar C Miller Y Mullis E Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton E Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the adoption of the amendment, the yeas were 35, nays 10, and the Unterman amendment #1a to the Crane amendment #1 to the committee substitute was adopted. Senator Orrock of the 36th offered the following amendment #1b: Amend amendment #1 AM 21 3860 to HB 246 by striking the period at the end of line 14 and inserting "except in the case of a medically futile pregnancy." MONDAY, MARCH 25, 2013 2681 On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Beach C Bethel N Burke Y Butler N Carter, B Y Carter, J Y Chance N Cowsert N Crane N Crosby Y Davenport Davis N Dugan Y Fort N Ginn N Golden N Gooch Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas N McKoon N Millar C Miller N Mullis N Murphy Y Orrock E Ramsey Y Seay N Shafer Y Sims Y Staton E Stone 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 32, and the Orrock amendment #1b to the Crane amendment #1 to the committee substitute was lost. Senator Orrock of the 36th offered the following amendment #1c: Amend amendment #1 AM 21 3860 to HB 246 by striking the period at the end of line 14 and inserting "except to protect the life of the mother." The President ruled the Orrock amendment #1c to the Crane amendment #1 to the committee substitute out of order. Senator Orrock of the 36th offered the following amendment #1d: Amend amendment #1 AM 21 3860 to HB 246 by striking the period at the end of line 14 and inserting "except in the case of rape or incest." 2682 JOURNAL OF THE SENATE The President ruled the Orrock amendment #1d to the Crane amendment #1 to the committee substitute out of order. Senator Hill of the 32nd offered the following amendment #1e: Amend amendment #1 AM 21 3860 to HB 246 by adding at the end of line 14 remove the (.) and add: "unless needed to preserve the mother's life." The President ruled the Hill of the 32nd amendment #1e to the Crane amendment #1 to the committee substitute out of order. Senator Fort of the 39th requested a ruling of the Chair as to the germaneness of the amendment #1. The President ruled the Crane amendment #1 to the committee substitute germane. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Y Albers Y Balfour Y Beach C Bethel Y Burke N Butler Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares E Jones, B E Jones, E Y Ligon Loudermilk N Lucas Y McKoon Y Millar C Miller Y Mullis Y Murphy N Orrock E Ramsey N Seay Y Shafer N Sims Y Staton E Stone N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the amendment, the yeas were 32, nays 15, and the Crane amendment #1 to the committee substitute was adopted as amended. MONDAY, MARCH 25, 2013 2683 Senator Hill of the 32nd offered the following amendment #2: Amend the committee substitute LC 37 1609S to HB 246 by inserting in Section 3 " no abortion coverage shall be provided by a qualified health plan offered through a state or federal law or regulation within the State of Georgia." and renumbering accordingly Senator Fort of the 39th requested a ruling of the Chair as to the germaneness of the amendment #2. The President ruled the Hill of the 32nd amendment #2 to the committee substitute 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 Beach C Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar C Miller Y Mullis Y Murphy N Orrock E Ramsey N Seay Y Shafer N Sims Y Staton E Stone N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 2684 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 34, nays 15. HB 246, having received the requisite constitutional majority, was passed by substitute. HB 274. By Representatives Burns of the 159th, Tankersley of the 160th, Parrish of the 158th, Stephens of the 164th, Smith of the 134th 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 licenses, permits, and stamps for hunting, trapping, or fishing, so as to regulate the practice of falconry; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 4th. The report of the committee, which was favorable to the passage 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 Beach C Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar C Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton E Stone 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 274, having received the requisite constitutional majority, was passed. MONDAY, MARCH 25, 2013 2685 The following Senators were excused for business outside the Senate Chamber: Ligon, Jr. of the 3rd Loudermilk of the 14th The following Senators were excused as Conferees: Hill of the 4th Mullis of the 53rd HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tippins of the 37th. The Senate Education and Youth Committee offered the following substitute to HB 283: A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to provide that a local board of education member who does not comply with a local Act which requires the local board to make a submission under the Voting Rights Act shall be guilty of a misdemeanor; to prohibit the expenditure of public funds for defense; to require the Attorney General to take certain action; to revise provisions relating to consequences under an accountability contract; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. 2686 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-60, relating to consolidation of county schools, as follows: "20-2-60. The board of education of any county shall have the right, if, in its opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools into one school, to be located by the county board at a place convenient to the pupils attending the consolidated school, the schoolhouse to be located as near the center of the district or districts as practicable." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "20-2-75. (a) A member of a local board of education which is required to cause a local Act relating to such local board to be submitted for preclearance under the federal Voting Rights Act of 1965 to the United States Department of Justice or filed with the appropriate court in a designated timeframe who votes against submission, votes to withdraw a submission that has already been made, or takes no action toward complying with such submission requirement within the designated timeframe shall be guilty of a misdemeanor. (b) A local board of education shall not expend any public funds for attorney's fees or expenses of litigation relating to the defense of a criminal action against a local board member for a violation of subsection (a) of this Code section. (c) Whenever any local board of education fails to cause a local Act relating to such local board to be submitted for preclearance under the federal Voting Rights Act of 1965 to the United States Department of Justice or filed with the appropriate court in a designated timeframe, withdraws a submission that has already been made, or takes no action toward complying with such submission requirement within the designated timeframe, the Attorney General shall either cause such submission to be made or shall bring such action or actions in his or her discretion as may be appropriate to enforce compliance with such submission requirements and to seek either civil or criminal penalties or both." SECTION 3. Said title is further amended by revising subsection (c) of Code Section 20-2-84, relating to accountability, flexibility, and consequences components of a contract, as follows: "(c) The consequences component of the contract provided in Code Section 20-2-83 shall include: (1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and MONDAY, MARCH 25, 2013 2687 (2) Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract; provided, however, that if a local school system has been in compliance with the accountability component of its contract for at least three consecutive years, consequences shall not be invoked upon the fifth year of the contract, and such school system may request an extension of its contract and corresponding flexibility from the state board. If the local school system or a school within the school system meets the performance goals in its contract for such school system or school by the end of the fifth year of the contract, the school system or school shall be deemed to have met its contract performance goals. The schedule of interventions or sanctions, including loss of governance, for failure to meet identified levels of achievement or specified levels of progress shall be mutually agreed upon in the contract. If the Office of Student Achievement recommends to the state board that loss of governance not be included in a contract with respect to a high performing school, the contract may provide alternate terms with respect to that school." SECTION 4. Said title is further amended by revising subsection (b) of Code Section 20-2-84.1, relating to loss of governance for nonperforming schools, as follows: "(b) Loss of governance shall be invoked upon the end of the fifth year of the contract if the school system is in noncompliance as set out in the terms of the contract." SECTION 5. Said title is further amended by revising Code Section 20-2-110, relating to offices for county school superintendents, as follows: "20-2-110. The county authorities of each county shall furnish the county school superintendent thereof an office in the courthouse, provided there is sufficient room in the courthouse after furnishing the county officers with offices as provided by law. Reserved." SECTION 6. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 20-2-151, relating to general and career education programs, as follows: "(4)(A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article: (i) The high school education program; and (ii) The vocational career, technical, and agricultural education laboratory program. (B) As a reflection of the reduced teacher-student ratios and more extensive 2688 JOURNAL OF THE SENATE material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the vocational career, technical, and agricultural education laboratory program shall be funded at a higher level than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for the vocational career, technical, and agricultural education laboratory program." SECTION 7. Said title is further amended by revising subsection (h) of Code Section 20-2-154.1, relating to alternative education programs, as follows: "(h) For the 2000-2001 and 2001-2002 school years, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the sum of the full-time equivalent program count of the middle grades program, the middle school program as defined in Code Section 20-2-290, the high school general education program (grades nine through 12), and the vocational career, technical, and agricultural education laboratory program (grades nine through 12). For the 2002-2003 school year and thereafter, the amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of students served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the sum of the full-time equivalent program count of the middle grades program, the middle school program as defined in Code Section 20-2-290, the high school general education program (grades nine through 12), and the vocational career, technical, and agricultural education laboratory program (grades nine through 12). Funds earned may be expended in kindergarten and in grades one through 12." SECTION 8. Said title is further amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program, as follows: "(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational career, technical, and MONDAY, MARCH 25, 2013 2689 agricultural education laboratory program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; 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 fulltime equivalent program counts from the designated date to a requested alternate date." SECTION 9. Said title is further amended by revising subsection (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and adding a new subsection to read as follows: "(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios: (1) Kindergarten program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.6587 1.6508 weight and 1 to 15 ratio (2) Kindergarten early intervention program . . . . . . . . . . . . . . . . . . . . . . 2.0496 2.0348 weight and 1 to 11 ratio 2690 JOURNAL OF THE SENATE (3) Primary grades program (1-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2855 1.2849 weight and 1 to 17 ratio (4) Primary grades early intervention program (1-3) . . . . . . . . . . . . . . . (5) Upper elementary grades program (4-5) . . . . . . . . . . . . . . . . . . . . . . (6) Upper elementary grades early intervention program (4-5) . . . . . . . . (7) Middle grades program (6-8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.8029 1.7931 weight and 1 to 11 ratio 1.0323 1.0355 weight and 1 to 23 ratio 1.7971 1.7867 weight and 1 to 11 ratio 1.0162 1.0186 weight and 1 to 23 ratio (8) Middle school program (6-8) as defined in Code Section 20-2-290 . 1.1213 1.1310 weight and 1 to 20 ratio (9) High school general education program (9-12) . . . . . . . . . . . . . . . . 1.0000 weight and 1 to 23 ratio (10) Vocational Career, technical, and agricultural education laboratory program (9-12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1847 1.1916 weight and MONDAY, MARCH 25, 2013 2691 1 to 20 ratio (11) Program for persons with disabilities: Category I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3940 2.3798 weight and 1 to 8 ratio (12) Program for persons with disabilities: Category II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.8156 2.7883 weight and 1 to 6.5 ratio (13) Program for persons with disabilities: Category III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5868 3.5493 weight and 1 to 5 ratio (14) Program for persons with disabilities: Category IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.8176 5.7509 weight and 1 to 3 ratio (15) Program for persons with disabilities: Category V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4583 2.4511 weight and 1 to 8 ratio (16) Program for intellectually gifted students: Category VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17) Remedial education program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.6673 1.6589 weight and 1 to 12 ratio 1.3128 1.3087 weight and 2692 JOURNAL OF THE SENATE 1 to 15 ratio (18) Alternative education program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.6025 1.4711 weight and 1 to 15 ratio (19) English for speakers of other languages (ESOL) program . . . . . . . 2.5306 2.5049 weight and 1 to 7 ratio (b.1) Notwithstanding the provisions of subsection (b) of this Code section and the requirements of Code Section 20-2-290, beginning July 1, 2014, a nonvirtual middle school shall have the funding weight included in paragraph (8) of subsection (b) of this Code section for the middle school program, regardless of whether such middle school meets the requirements of Code Section 20-2-290." SECTION 10. 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. 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; provided, however, that no individual charter system shall receive more than $4.5 million in a fiscal year." SECTION 11. Said title is further amended by revising Code Section 20-2-181, relating to calculation of program weights to reflect base school size, as follows: "20-2-181. The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (1-3) early intervention program, the primary grades (1-3) program, the upper elementary grades (4-5) early intervention program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the middle school (6-8) program, the special education programs, the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 MONDAY, MARCH 25, 2013 2693 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school vocational career, technical, and agricultural education laboratory program shall reflect a base school size of 970 fulltime equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 full-time equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students." SECTION 12. Said title is further amended by revising subsections (c) and (g) and paragraph (2) of subsection (i) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, as follows: "(c) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose at least one school counselor for every 450 full-time equivalent students. Beginning in Fiscal Year 2015 and thereafter, the program weights for the English for speakers of other languages program and the programs for persons with disabilities shall also earn school counselor funding. Further, beginning in Fiscal Year 2016 and thereafter, the program weights for the program for intellectually gifted students and the remedial education program shall also earn school counselor funding. The duties and responsibilities for such school counselors shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor's time to be spent counseling or advising students or parents." "(g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials, which shall include, but not be limited to, textbooks and technology, and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly." "(2) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article except those programs included in paragraph (1) of this subsection the maximum number of students which may be taught by a teacher in an instructional period. For the remedial education, vocational career, technical, and agricultural education laboratory, alternative education, and early intervention programs, the State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 2694 JOURNAL OF THE SENATE 20 percent, unless specifically authorized by the State Board of Education; provided, however, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program covered under this paragraph, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number; provided, however, that this provision shall not apply to general education programs in mathematics, science, social studies, and language arts for grades 9 through 12. Beginning with the 2007-2008 school year, each local board of education shall be allowed to exceed maximum class sizes set by the state board pursuant to this paragraph for general education programs in mathematics, science, social studies, and language arts for grades 9 through 12 and may establish such maximum class sizes that shall not exceed the funding class size by more than 39 percent and shall annually report to the state board and to each school council in its school system such class sizes established." SECTION 13. Said title is further amended by revising subsection (a) of Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows: "20-2-184.1. (a) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes, and additional instructional programs during the regular school day. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level, which may include . Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds." SECTION 14. Said title is further amended by revising paragraph (4) of subsection (a) and subsection MONDAY, MARCH 25, 2013 2695 (b) of Code Section 20-2-186, relating to allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, accountants, nurses, and certain other personnel, as follows: "(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. For purposes of this paragraph, 'contiguous' means grade levels in sequence, regardless of whether schools operating as a combination school are on the same campus sharing facilities or at different locations. 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 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" "(b) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher using a base size of 2,475 fulltime equivalent students, and for costs of operating an administrative office for the certain local school system systems as deemed warranted by the department, and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of 2696 JOURNAL OF THE SENATE such programs in a local school system using a base size of 2,475 full-time equivalent students, subject to appropriation by the General Assembly; provided, however, that beginning with Fiscal Year 2016, such base size shall be 2,420 full-time equivalent students." SECTION 15. Said title is further amended by revising subsection (d) of Code Section 20-2-211, relating to annual contracts, disqualifying acts, and job descriptions, as follows: "(d) Each local school system shall have a job description for each certificated professional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education and within the local school system and the submission of such available positions to a state-wide online job data base maintained by the state. A local board of education may also announce such positions to colleges and universities in other states." SECTION 16. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 20-2-211.1, relating to clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks, as follows: "(3) 'Local unit of administration' shall have the same meaning as in Code Section 202-242 and shall also include state chartered special schools and commission state charter schools." SECTION 17. Said title is further amended by revising Code Section 20-2-214.1, relating to the High Performance Principals program, as follows: "20-2-214.1. (a) The General Assembly finds that the driving force behind attracting quality teachers to a school and creating a culture of learning and respect in the school environment is the school leadership, and particularly, the school principal. The General Assembly further finds that teachers consider school leadership as one of the most important factors in creating good working conditions in a school environment. The General Assembly further finds that a school with strong leadership and teachers will be the most effective in improving and maintaining the academic success of its students. (b) For purposes of this Code section, the term 'Needs Improvement School' means a school that has not made adequate yearly progress for two or more consecutive years in the same subject, in accordance with the accountability system established pursuant to MONDAY, MARCH 25, 2013 2697 Article 2 of Chapter 14 of this title. Reserved. (c) The State Board of Education is authorized to establish a grant program to attract proven leaders in school settings to accept positions as principals in secondary schools in this state that have been identified as a Needs Improvement School received unacceptable ratings by the State Board of Education, as defined in state board rules relating to the accountability system. For purposes of this Code section, these individuals shall be known as High Performance Principals. The grant program shall include funding, subject to appropriations by the General Assembly, for grants from the state board to local boards of education for salary supplements for High Performance Principals. (d) The state board is authorized to develop rules and regulations to implement the grant program, including requiring reports, data, or other measures of accountability. The grant program shall provide that the sole criteria for designating and selecting individuals as High Performance Principals shall be data based evidence of the effectiveness of a proposed High Performance Principal in improving a low performing school or in taking an average or excellent performing school to higher achievement within the last five years. Notwithstanding this, the state board shall have the discretion, only in extenuating circumstances, to consider other criteria. The state board shall be authorized to establish and maintain a nonexclusive pool of preapproved eligible candidates for High Performance Principals for consideration by local school systems. (e) An individual selected as a High Performance Principal shall be eligible for a oneyear salary supplement, in an amount as determined by the state board and subject to appropriations by the General Assembly. An individual grant shall not exceed $15,000.00 per year and such amount shall be awarded pursuant to state board rule based on the relative recruitment need of that Needs Improvement School school. The local school system may apply for up to two additional school years for renewal of the High Performance Principal designation for an individual, subject to appropriation. An individual selected as a High Performance Principal shall be required to enter into a contract with the local board, in accordance with Code Section 20-2-211, which shall include terms and conditions relating to the designation of High Performance Principal, as required by the state board. An individual shall be required to reimburse the local board for any moneys paid to him or her relating to the High Performance Principal designation if he or she does not comply with the terms of the contract relating to the High Performance Principal designation. (f) The local board shall be required to submit reports, as required by the state board, which quantify the effectiveness of an individual designated as a High Performance Principal and his or her impact on the improvement of the school in the school year in which he or she was designated a High Performance Principal. The state board shall use the data in the reports as the primary factor in evaluating applications for renewal of a High Performance Principal designation, as provided for in subsection (e) of this Code section. (g) Salary supplements received by a High Performance Principal pursuant to this 2698 JOURNAL OF THE SENATE Code section shall not be considered regular or earnable compensation for any purpose. (h) Nothing in this Code section shall prohibit local boards of education from providing additional salary supplements and bonuses to any principal designated as a High Performance Principal." SECTION 18. Said title is further amended by revising Code Section 20-2-230, relating to staff development programs, as follows: "20-2-230. (a) All public school officials and professional personnel certificated by the Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration boards of education and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective performance evaluations. (b)(1) The State Board of Education shall adopt a training program for members of local boards of education by July 1, 2011. The State Board of Education may periodically adopt revisions to such training program as it deems necessary. (2) Within three months of adoption by the State Board of Education of a training program pursuant to paragraph (1) of this subsection, each local board of education and each governing board of other local units of administration shall adopt a training program for members of such boards that includes, at a minimum, such training program and requirements established by the State Board of Education pursuant to paragraph (1) of this subsection. Each local board of education shall incorporate any revisions adopted by the State Board of Education to the training program pursuant to paragraph (1) of this subsection within three months of adoption of such revisions. (3) All local boards of education local units of administration are authorized to pay such board members for attendance at a required training program the same per diem as authorized by local or general law for attendance at regular meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such training, either before or after such board members assume office." SECTION 19. Said title is further amended by revising paragraph (2) of Code Section 20-2-259, relating to extended day program for students in grades nine through 12, as follows: "(2) Multiply the amount calculated in paragraph (1) of this Code section by the sum of the full-time equivalent program count for the high school general education program (9-12) and the vocational career, technical, and agricultural education laboratory program (9-12)." MONDAY, MARCH 25, 2013 2699 SECTION 20. Said title is further amended by adding a new Code section to read as follows: "20-2-263. (a) The State Board of Education is authorized to establish a grant program to incentivize the adoption of digital learning using high speed internet connections across Georgia schools. The grant program shall include funding, subject to appropriations by the General Assembly, for grants to local boards of education for the purchase of technology capital, including, but not limited to, desktop computers, network equipment, wireless equipment, tablet computers, laptop computers, and any other technology devices or equipment that advances student learning. (b) The state board is authorized to develop rules and regulations to implement the grant program, including requiring local school systems to commit to expanding and paying for high speed bandwidth for five years and a plan of use of the bandwidth in each school for instructional purposes, requiring each local school system to demonstrate that it has a technology plan that incorporates the use of new technology into student learning and includes a component for professional development for staff, and requiring local matching funds from local school systems to demonstrate long-term sustainability. The grant program criteria may take into account the financial need and lack of existing bandwidth of a local school system and any previous grants received by the local board of education pursuant to this Code section and may provide for waiver of the matching funds requirement for local school systems that demonstrate financial need." SECTION 21. Said title is further amended by revising paragraph (1) of subsection (b), paragraph (5) of subsection (d), and subsection (e) of Code Section 20-2-319.3, relating to the online clearinghouse of interactive distance learning courses, as follows: "(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 state charter school, as defined in paragraph (2) of Code Section 20-2-2081." "(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 for such course 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 offered by a local school system or a charter school to another local school system or charter school pursuant to this Code section. (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 2700 JOURNAL OF THE SENATE 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." SECTION 22. Said title is further amended by revising paragraphs (3) and (4) of Code Section 20-2326, relating to definitions relative to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows: "(3) 'Chronically low-performing high school' means a public high school in this state that has a graduation rate of less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data, or that has not made adequate yearly progress received an unacceptable rating for three consecutive years, as defined by the Office of Student Achievement. (4) 'College and career academy' means a specialized charter school established by a partnership which demonstrates a collaboration between business, industry, and community stakeholders to advance workforce development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions and approved by the State Board of Education in accordance with Article 31 of this chapter or the Georgia State Charter Schools Commission in accordance with Article 31A of this chapter." SECTION 23. Said title is further amended by revising subsection (c) of Code Section 20-2-690, relating to educational entities and 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, which may shall provide for written or electronic submittal of such declaration of intent; (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 MONDAY, MARCH 25, 2013 2701 permission of the parent or guardian of a child, or 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 The parent or guardian shall have the authority to execute any document required by law, rule, regulation, or policy to evidence the enrollment of a child in a home study program, the student's full-time or part-time status, the student's grades, or any other required educational information. This shall include, but not be limited to, documents for purposes of verification of attendance by the Department of Public Safety Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-5-22, documents required pursuant to Chapter 2 of Title 39 relating to employment of minors, and any documents required to apply for the receipt of state or federal public assistance. The department may provide for electronic submittal of such records. 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." 2702 JOURNAL OF THE SENATE SECTION 24. Said title is further amended by revising paragraph (2) of Code Section 20-2-2062, relating to definitions relative to charter schools, as follows: "(2) 'Charter petitioner' means a local school, local board of education, private individual, private organization, or state or local public entity that submits or initiates a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools. On and after July 1, 2013, a charter for a local charter school, if approved, shall be a three-party agreement between a charter petitioner, a local board of education, and the State Board of Education, and the charter petitioner for such local charter school shall be a party other than the local board of education." SECTION 25. Said title is further amended by revising subsection (f) of Code Section 20-2-2063.1, relating to the establishment of the Charter Advisory Committee, as follows: "(f) The committee shall work in cooperation with the Office of Charter School Compliance, as established pursuant to Code Section 20-2-2069. Each year the committee shall review the information submitted by charter systems in the annual report required by Code Section 20-2-2067.1 and may request that the Office of Charter School Compliance investigate a charter system that may not be adhering to the performance goals and school level governance required by the charter. The investigation by the Office of Charter School Compliance shall result in a report of findings to the committee." SECTION 26. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 202-2064, relating to approval or denial of a charter petition, as follows: "20-2-2064. (a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 90 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school, including, but not limited to, a conversion charter for a high school cluster, until such petition: (1)(A) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and MONDAY, MARCH 25, 2013 2703 (B) Has been freely agreed to, by secret ballot, by a majority of the parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; or (2) If for a high school cluster, has been approved by a majority of the school councils in the high school cluster and has been freely agreed to, by secret ballot, by at least 60 percent of the combined vote of the faculty and instructional staff members of the high school cluster and the parents or guardians of students who reside in the attendance zone of such high school cluster present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. Each school council within the high school cluster shall appoint two representatives to a committee that shall conduct the vote. This subsection shall not apply to a system charter school petitioning to be a conversion charter school. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 90 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial. (c) A system charter school's school council or governing council, as applicable, may petition to become a conversion charter school. The petition shall be submitted to the local board of the charter system in which the school is located. The local board must by a majority vote approve or deny a petition no later than 60 90 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial." SECTION 27. Said title is further amended by revising paragraph (5) and paragraph (7) of subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of Title 20, as follows: "(5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; provided, however, that if: (A) A facility used for a charter school is owned or operated by any state agency or entity, and such facility or equipment purchased or used by the facility meets the safety standards of the state agency or entity that owns or operates such facility; or (B) A facility used for a charter school is owned by a local educational agency and operated utilizing standards of a state agency or entity, and such facility or equipment purchased or used by the facility meets the safety standards of the state agency or entity with respect to structural soundness and sufficient maintenance, the facility or equipment or both shall be deemed to meet the safety requirements of 2704 JOURNAL OF THE SENATE this paragraph; provided, further, that in no event shall the state agency or entity or local educational agency owner or operator of a charter school with such facility or equipment be disqualified from eligibility for state grants or for federal grants awarded pursuant to state regulations due to such facility or equipment;" "(7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; provided, however, that a separate audit shall not be required for a charter school if the charter school is included in the local school system audit conducted by the state auditor pursuant to Code Section 50-6-6;" SECTION 28. Said title is further amended by revising subsection (a) of Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of students, as follows: "(a) A local charter school shall enroll students in the following manner: (1)(A) A start-up charter school shall enroll any student who resides in the charter attendance zone as specified in the charter and who submits a timely application as specified in the charter unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided, however, that a start-up charter school may give enrollment preference to applicants in any one or more of the following categories in the order of priority specified in the charter: (i) A sibling of a student enrolled in the start-up charter school; (ii) A sibling of a student enrolled in another local school designated in the charter; (iii) A student whose parent or guardian is a member of the governing board of the charter school or is a full-time teacher, professional, or other employee at the charter school; and (iv) Students matriculating from a local school designated in the charter; and (v) Children who matriculate from a pre-kindergarten program which is associated with the school, including, but not limited to, programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school; provided, however, that the state board is authorized to limit the number of such prekindergarten programs or the percentage of children matriculating from such programs in its discretion; (B) A conversion charter school shall enroll any student who resides in the attendance zone specified in the charter and who submits a timely application as specified in the charter. If the number of applying students who reside in the attendance zone does not exceed the capacity as specified in the charter, additional students shall be enrolled based on a random selection process; provided, however, that enrollment preferences may be given to applicants in any one or more of the following categories in the order of priority specified in the charter: MONDAY, MARCH 25, 2013 2705 (i) A sibling of a student enrolled in the charter school or in any school in the high school cluster; (ii) Students whose parent or guardian is a member of the governing board of the charter school or is a full-time teacher, professional, or other employee at the charter school; (iii) Students who were enrolled in the local school prior to its becoming a charter school; and (iv) Students who reside in the charter attendance zone specified in the charter; and (v) Children who matriculate from a pre-kindergarten program which is associated with the school, including, but not limited to, programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school; provided, however, that the state board is authorized to limit the number of such prekindergarten programs or the percentage of children matriculating from such programs in its discretion; and (2) A student who resides outside the school system in which the local charter school is located may not enroll in that local charter school except pursuant to a contractual agreement between the local boards of the school system in which the student resides and the school system in which the local charter school is located. Unless otherwise provided in such contractual agreement, a local charter school may give enrollment preference to a sibling of a nonresident student currently enrolled in the local charter school." SECTION 29. Said title is further amended by revising subsection (c) of Code Section 20-2-2067.1, relating to the amendment of terms of charters for charter schools, as follows: "(c) Each start-up and conversion charter school and each charter system shall submit an annual report outlining the previous year's progress to the authorizing local board or state board, as appropriate; to parents and guardians of students enrolled in the school, or, for a charter system, to parents and guardians of students enrolled in school within the local school system; and to the Department of Education no later than October 1 of each year. The report submitted by a charter system shall include, but not limited to, data on all of its system charter schools. The report shall contain, but is not limited to: (1) An indication of progress toward the goals as included in the charter; (2) Academic data for the previous year, including state academic accountability data, such as standardized test scores and adequate yearly progress data; (3) Unaudited financial statements for the fiscal year ending on June 30, provided that audited statements will be forwarded to the local board and state board upon completion; (4) Updated contact information for the school and the administrator, and for charter systems, each system charter school and its respective administrator; (5) Proof of current nonprofit status, if applicable; 2706 JOURNAL OF THE SENATE (6) Any other supplemental information that the charter school or charter system chooses to include or that the state board requests that demonstrates that school or system's success; and (7) For charter systems,: (A) A description of: (i) The actual authority exercised by governing councils with regard to each of the components of school level governance listed in paragraph (12.1) of Code Section 20-2-2062; (ii) Training received by governing councils and school administrators; and (iii) Steps, if any, the charter system plans to take to increase school level governance in the future; (B) An itemization of initiatives being supported with the additional funding received by the charter system pursuant to Code Section 20-2-165.1; (C) A comparison of actual performance versus the performance based goals for the charter system set forth in the charter pursuant to Code Section 20-2-2065; (D) The name and contact information of an employee of the charter system that can facilitate communications between the Office of Charter School Compliance and the chairpersons of the governing councils in the charter system; and (E) An an on-site external evaluation of the charter system at least once every five years, as determined by the state board." SECTION 30. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 20-2-2068, relating to termination of charters, as follows: "(2) If, after providing reasonable notice to the charter school or charter system, as applicable, and an opportunity for a hearing, the state board finds: (A) A failure to comply with any recommendation or direction of the state board with respect to Code Section 20-14-41; (B) A failure to adhere to any material term of the charter, including but not limited to the performance goals set forth in the charter; (C) For a charter system, a failure to promote school level governance as required by the charter; (C)(D) A failure to meet generally accepted standards of fiscal management; (D)(E) A violation of applicable federal, state, or local laws or court orders; (E)(F) The existence of competent substantial evidence that the continued operation of the charter school or charter system would be contrary to the best interests of the students or the community; or (F)(G) A failure to comply with any provision of Code Section 20-2-2065; or" SECTION 31. Said title is further amended by revising Code Section 20-2-2068.2, relating to a facilities fund for charter schools, as follows: MONDAY, MARCH 25, 2013 2707 "20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fund for local charter schools, state chartered special schools, and commission state charter schools as defined in Code Section 20-2-2081 for the purpose of establishing a per pupil, need based facilities aid program. (b) A charter school or commission state charter school may receive moneys from the facilities fund if the charter school or commission state charter school has received final approval from the Georgia State Charter Schools Commission or from the state board for operation during that fiscal year. (c) A charter school's or commission state charter school's governing body may use moneys from the facilities fund for the following purposes: (1) Purchase of real property; (2) Construction of school facilities, including initial and additional equipment and furnishings; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school or commission state charter school; and (5) Renovation, repair, and maintenance of school facilities that the school owns or is purchasing through a lease-purchase or long-term lease of five three years or longer. (d) The Department of Education shall specify procedures for submitting and approving requests for funding under this Code section and for documenting expenditures. (e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district if the local board owns the charter school facility, unless otherwise agreed upon by the petitioner and the local board in the charter. (f)(1) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (3) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the commission state charter school and the Georgia State Charter Schools Commission shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the Georgia 2708 JOURNAL OF THE SENATE State Charter Schools Commission in the event the commission state charter school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (h) Each local board of education shall make its unused facilities available to local charter schools. The terms of the use of such a facility by the charter school shall be subject to negotiation between the board and the local charter school and shall be memorialized as a separate agreement. A local charter school that is allowed to use such a facility under such an agreement shall not sell or dispose of any interest in such property without the written permission of the local board. A local charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the local charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board." SECTION 32. Said title is further amended by adding a new Code section to read as follows: "20-14-26.1. (a) The office shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. (b) Any nonprofit corporation created pursuant to this Code section shall be subject to the following provisions: (1) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (2) Upon dissolution of any such nonprofit corporation incorporated by the office, any assets shall revert to the office or to any successor to the office or, failing such succession, to the State of Georgia; (3) As used in this paragraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the office; (4) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (5) The office shall not be liable for the action or omission to act of any such nonprofit corporation; (6) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other MONDAY, MARCH 25, 2013 2709 obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (7) Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange. (c) Any nonprofit corporation created pursuant to this Code section shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated. Such report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Education and the Senate Education and Youth Committee. Any such nonprofit corporation shall also provide such persons with a copy of all corporate filings with the federal Internal Revenue Service." SECTION 33. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "guidance counselor" and "guidance counselors" wherever either such term occurs with "school counselor" and "school counselors", respectively: (1) Code Section 20-2-171, relating to minimum direct classroom expenditures; (2) Code Section 20-2-1000, relating to limitation on civil damages for disciplining students; and (3) Code Section 20-2-1001, relating to limited immunity from criminal liability. SECTION 34. All laws and parts of laws in conflict with this Act are repealed. Senators Tippins of the 37th and Bethel of the 54th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to HB 283 (LC 33 5226S) by inserting after "year." on line 271 the following: Funds appropriated pursuant to this Code section shall be used in accordance with recommendations of the school level governing body established by the charter or to advance student achievement goals and school level governance training objectives pursuant to the charter. By striking lines 658 through 666 and inserting in lieu thereof the following: Reserved. By inserting after "Code Section 20-2-165.1" on line 816 the following: and how those funds have promoted school level governance or improved student achievement By inserting after "finds" on line 828 the following: through its own audit or through other means 2710 JOURNAL OF THE SENATE On the adoption of the amendment, there were no objections, and the Tippins, Bethel amendment #1 to the committee substitute was adopted. Senator Davis of the 22nd offered the following amendment #2: Amend the committee substitute LC 33 5226S to HB 283 by striking lines 24 through 42 Senator Davis of the 22nd asked unanimous consent that the Secretary change the number 42 on line 1 to 43. There was no objection and the Secretary made the change. On the adoption of the amendment, Senator Davis of the 22nd called for the yeas and nays; the call was sustained, and the vote was as follows: Y Albers N Balfour N Beach C Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance Y Cowsert Y Crane N Crosby Y Davenport Y Davis Y Dugan Y Fort N Ginn N Golden N Gooch Y Harbison N Harper N Heath Henson Hill, H C Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares E Jones, B E Jones, E E Ligon E Loudermilk Y Lucas Y McKoon N Millar C Miller C Mullis N Murphy Y Orrock E Ramsey Y Seay N Shafer Y Sims N Staton N Stone 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 25, and the Davis amendment #2 to the committee substitute was lost. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. MONDAY, MARCH 25, 2013 2711 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport N Davis N Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Hill, H C Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares E Jones, B E Jones, E E Ligon Y Loudermilk N Lucas N McKoon Y Millar C Miller C Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 33, nays 14. HB 283, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Committees: Senator Barry Loudermilk Science and Technology District 14 Public Safety 324-A Coverdell Legislative Office Building Veterans, Military and Homeland Security Atlanta, GA 30334 Transportation The State Senate Atlanta, Georgia 30334 3-25-13 Please change my vote on HB 283 from "yea" to "nay", as I had inadvertently voted the wrong button. Sincerely, /s/ Barry Loudermilk 2712 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th: 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 revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 298. By Representatives Dickey of the 140th, Harden of the 148th, Watson of the 172nd, Epps of the 144th, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to create the Agricultural Commodity Commission for Georgia Grown Products; to provide for the operation and function of the commodity commission; to amend Code Section 2-8-10 of the Official Code of Georgia Annotated, relating to nonapplicability of Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, so as to exclude the Agricultural Commodity Commission for Georgia Grown Products from the provisions of such article; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wilkinson of the 50th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Harbison Y Harper Y Heath Y Miller C Mullis Y Murphy MONDAY, MARCH 25, 2013 2713 Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 298, having received the requisite constitutional majority, was passed. HB 304. By Representatives McCall of the 33rd, Black of the 174th, England of the 116th, Shaw of the 176th, Watson of the 172nd and others: A BILL to be entitled an Act to amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to freeport exemption, so as to clarify the applicability of an exemption to fertilizer production processes; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Wilkinson of the 50th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Harbison Y Harper Y Heath Y Henson Hill, H C Hill, Jack Miller C Mullis Y Murphy Y Orrock E Ramsey Y Seay 2714 JOURNAL OF THE SENATE Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Shafer Y Sims Y Staton Y Stone 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 0. HB 304, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 Mr. Secretary, 3/25/13 Please record my favorable vote on HB 304, HB 36 and HB 283. Thank you, /s/ Butch Miller At 4:15 p.m. the President announced that the Senate would stand at ease until 4:30 p.m. At 4:30 p.m. the President called the Senate to order. MONDAY, MARCH 25, 2013 2715 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 141. By Representatives Lindsey of the 54th, Morgan of the 39th, Brockway of the 102nd, Kaiser of the 59th and Jones of the 53rd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to require certain businesses and establishments post a model notice so as to enable persons who are the subject of human trafficking to obtain help and services; to provide for the Department of Public Safety to develop and post the model notice on its website; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 146. By Representatives Weldon of the 3rd, Willard of the 51st and Mabra of the 63rd: A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change provisions relating to the issuance of arrest and search warrants by video conference; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 209. By Representatives Watson of the 166th, Stephens of the 164th, Parrish of the 158th, Cooper of the 43rd, Broadrick of the 4th 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 revise requirements relating to use of security paper; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 235. By Representatives Ehrhart of the 36th and Meadows of the 5th: A BILL to be entitled an Act to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to revise the definition of optometry; to remove the exemption for continuing 2716 JOURNAL OF THE SENATE education requirements for persons practicing optometry who are 65 years of age or older; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 242. By Representatives Willard of the 51st, Coomer of the 14th, Hatchett of the 150th, Nimmer of the 178th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings and enact comprehensive juvenile justice reforms recommended by the Governor's Special Council on Justice Reform in Georgia; to provide for the Office of the Child Advocate for the Protection of Children; to amend Code Section 42-5-52 of the O.C.G.A., relating to classification and separation of inmates generally; to amend Chapter 4A of Title 49 of the O.C.G.A., relating to the Department of Juvenile Justice; to amend the O.C.G.A., so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 268. By Representatives Harden of the 148th, England of the 116th, Jasperse of the 11th, Burns of the 159th, Williams of the 119th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the O.C.G.A., relating to dealers in agricultural products generally, so as to remove cotton and eggs from the definition of "agricultural products"; to establish a fee for licensing of dealers in agricultural products; to modify bond requirements for dealers in agricultural products; to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to expand the definition of "grain"; to modify bond requirements for grain dealers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to eliminate obsolete registration and licensing requirements for pecan dealers and processors; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 83. By Senators Gooch of the 51st, Hill of the 32nd, Carter of the 1st, Beach of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Chapter 12 of Title 36 of the Official Code of Georgia Annotated, relating to the supervision and support of paupers, so as to provide for cremation as an alternative for deceased MONDAY, MARCH 25, 2013 2717 indigents; 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 155. By Senators Gooch of the 51st, Cowsert of the 46th, Ginn of the 47th, Murphy of the 27th, Wilkinson of the 50th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change the membership of the Georgia Higher Education Assistance Corporation to accommodate the Fourteenth Congressional District; to change the membership of the Georgia Student Finance Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. Senator Orrock of the 36th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 312. By Representatives Carson of the 46th, Golick of the 40th, Smith of the 134th, Brockway of the 102nd, Shaw of the 176th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, so 2718 JOURNAL OF THE SENATE as to provide for comprehensive revision of the provisions regulating insurance holding company systems; 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 Beach Y Bethel Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas McKoon Y Millar Y Miller C Mullis Y Murphy E Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 46, nays 0. HB 312, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 345. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of MONDAY, MARCH 25, 2013 2719 Georgia, so as to clarify and consolidate the definitions of the term "teacher"; to repeal an obsolete provision; to repeal conflicting laws; and for other purposes. HB 349. By Representatives Golick of the 40th, Hatchett of the 150th, Coomer of the 14th, Pak of the 108th, Oliver of the 82nd and others: A BILL to be entitled an Act to amend Chapter 7 of Title 5 of the O.C.G.A., relating to appeal or certiorari by the state in criminal cases, so as to provide the state with more direct appeal rights; to amend Part 1 of Article 2 of Chapter 13 of Title 16, Title 17, Article 3A of Chapter 5 of Title 40, and Title 42 of the O.C.G.A., relating to schedules, offenses, and penalties for controlled substances, criminal procedure, suspension of driver's license for certain drug offenses, and penal institutions, respectively, so as to enact provisions recommended by the Governor's Special Council on Criminal Justice Reform in Georgia; to amend Article 2 of Chapter 8 of Title 24 of the O.C.G.A., relating to admissions and confessions; 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 205. By Representatives Neal of the 2nd, Kidd of the 145th, Cheokas of the 138th, Dunahoo of the 30th and Hill of the 22nd: A RESOLUTION authorizing the conveyance of certain state owned real property; to provide an effective date; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 168. By Senators Tippins of the 37th, Mullis of the 53rd, Williams of the 19th, Tolleson of the 20th, Chance of the 16th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13 of the O.C.G.A., relating to bonds relating to contracts for public works, and Article 2 of Chapter 91 of Title 36 of the O.C.G.A., relating to contracting and bidding requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Chance of the 16th was excused for business outside the Senate Chamber. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Miller of the 49th 2720 JOURNAL OF THE SENATE HB 315. By Representatives Cooper of the 43rd, Clark of the 101st, Rynders of the 152nd, Kaiser of the 59th, Jones of the 53rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Health and Human Services Committee offered the following substitute to HB 315: 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 implement measures to ensure the integrity and quality of nursing professionals; to provide for continuing competency requirements as a requirement for license renewal for registered professional nurses and licensed practical nurses; to provide for inactive licenses for registered professional nurses; to require mandatory reporting for nurses; to provide for definitions; to provide for enforcement; to provide for limited liability; to provide for related matters; to provide for effective dates and contingent effectiveness; 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 renewal, surrender, failure to renew, 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 2016 license renewal cycle, an applicant for license renewal under this article shall 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; MONDAY, MARCH 25, 2013 2721 (3) Completion of an accredited academic program of study in nursing or a related field, as recognized by the board; (4) Verification of competency by a health care facility or entity licensed under Chapter 7 of 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 requirements contained in this subsection in cases of hardship, disability, or illness or under such other circumstances as the board, in its discretion, deems appropriate. An applicant who is renewing a license for the first time shall not be required to meet the requirements of this subsection until the time of the second renewal if the applicant's initial license period is six months or less. (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. (a) A registered professional nurse, subject to rules of the board and on forms prescribed by the board, may request that his or her license be placed on inactive status and to be excused from payment of renewal fees until he or she resumes active status. (b) A licensee 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." SECTION 3. Said chapter is further amended by revising Code Section 43-26-39, relating to license renewal, 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. 2722 JOURNAL OF THE SENATE (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 2016 license renewal cycle, an applicant for license renewal under this article shall meet one of the following continuing competency requirements during the previous licensure period: (1) Completion of 20 continuing education hours by a board approved provider; or (2) Completion of an accredited academic program of study in registered professional nursing, as recognized by the board. 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 requirements contained in this subsection in cases of hardship, disability, or illness or under such other circumstances as the board, in its discretion, deems appropriate. An applicant who is renewing a license for the first time shall not be required to meet the requirements of this subsection until the time of the second renewal if the applicant's initial license period is six months or less. (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 4. 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: MONDAY, MARCH 25, 2013 2723 (1) 'Board' means the Georgia Board of Nursing, with respect to registered professional nurses and advanced practice registered 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, an advanced practice registered nurse, as defined in paragraph (1.1) of Code Section 43-26-3, 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. 43-26-52. (a) Hospitals, nursing homes, temporary staffing agencies, and other employers of registered professional nurses, advanced practice registered nurses, or licensed practical nurses shall report to the applicable board, or ensure that such report has in fact been made to such board, the name of any nurse 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 hospitals, nursing homes, home health agencies, or other types of health care facilities, 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. Each board may 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 such board. The costs for any treatment programs shall be borne by the nurse. (d) Each 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, an advanced practice 2724 JOURNAL OF THE SENATE registered nurse, or a licensed practical nurse, without a valid, current license, except as otherwise permitted under Code Section 43-26-12 or 43-26-41, as applicable; (2) Practicing nursing as a registered professional nurse, an advanced practice registered 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, an advanced practice registered nurse, or a licensed practical nurse during the time the applicable 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, an advanced practice registered nurse, or a licensed practical nurse unless such person is duly licensed or recognized by the applicable board to practice as such under the provisions of this chapter; (5) Fraudulently furnishing a license to practice nursing as a registered professional nurse, an advanced practice registered nurse, or a licensed practical nurse; (6) Knowingly aiding or abetting any person in violating 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 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, currently or previously displaying an inability to practice nursing as a registered professional nurse, an advanced practice registered nurse, a licensed undergraduate nurse, or a 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 a nurse as required by 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 such nurse. 43-26-55. (a) No nurse, hospital, nursing home, temporary staffing agency, employer, state agency, 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. MONDAY, MARCH 25, 2013 2725 (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 5. Section 4 of this Act shall become effective only when funds are specifically appropriated for purposes of Section 4 of this Act in an appropriations Act. All other provisions of this Act shall become effective on July 1, 2013. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Millar of the 40th, 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 315 (LC 33 5169S) by inserting after "liability;" on line 6 the following: 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; By inserting between lines 188 and 189 the following: SECTION 4.1. Code Section 43-34-25 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to advanced practice registered nurses, is amended by revising paragraphs (9), (10), and (11) of subsection (a) and subsection (b) as follows: "(9) 'Life threatening' means an emergency situation in which a patient's life or physical well-being will be harmed if certain testing is not performed immediately Reserved. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, diagnostic studies, or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (11) 'Order' means to prescribe pursuant to a nurse protocol agreement which drug, medical device, medical treatment, diagnostic study, or in life-threatening situations radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically." "(b) In addition to and without limiting the authority granted pursuant to Code 2726 JOURNAL OF THE SENATE Section 43-34-23, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, diagnostic studies, or, in life-threatening situations, radiographic imaging tests." 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 19, nays 20, and the Miller, et al. amendment #1 to the committee substitute was lost. Senators Ligon of the 3rd and Carter of the 1st offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to HB 315 (LC 33 5169S) by inserting after "liability;" on line 6 the following: to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to revise provisions relating to provisional permits to practice massage therapy; By inserting between lines 188 and 189 the following: SECTION 4A. Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, is 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 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 as confirmed in a secure and verifiable document, as defined in Code Section 50-36-2; (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. If an applicant has met the requirements of subsection (a) of MONDAY, MARCH 25, 2013 2727 this Code section and submits the applicable license fee, the applicant shall be granted a provisional permit to practice in this state. Upon receipt of such application and fee, a provisional permit shall be administratively issued. (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) 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) A provisional permit issued pursuant to subsection (a) of this Code section shall expire on the same date as a license issued under this chapter to a holder of a provisional permit who has passed the examination pursuant to Code Section 43-24A8." On the adoption of the amendment, there were no objections, and the Ligon, Carter of the 1st 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 Beach C Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H C Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar C Miller C Mullis Y Murphy E Orrock E Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams 2728 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 41, nays 5. HB 315, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Ginn of the 47th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 101 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Loudermilk of the 14th, Staton of the 18th and Ginn of the 47th. The Calendar was resumed. HB 389. By Representatives Taylor of the 173rd, Smith of the 134th, Meadows of the 5th, Shaw of the 176th, Rogers of the 29th 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 sunset requirements to provide conversion and enhanced conversion rights and coverage; to add new provisions allowing for the discontinuance of conversion and enhanced conversion coverage; to sunset certain provisions related to the assignment system; to add new provisions allowing for the discontinuance of assignment system benefit plans; 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. MONDAY, MARCH 25, 2013 2729 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach C Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H C Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar C Miller C Mullis Y Murphy E Orrock E Ramsey Y Seay Y Shafer Sims Y Staton Y Stone 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 43, nays 2. HB 389, having received the requisite constitutional majority, was passed. HB 458. By Representatives Atwood of the 179th, Williams of the 119th, Smith of the 134th, Weldon of the 3rd, Peake of the 141st and others: A BILL to be entitled an Act to amend Code Section 44-3-94 of the Official Code of Georgia Annotated, relating to damage or destruction of units, restoration, vote not to restore, and allocation of insurance deductible, so as to change the maximum allowable casualty insurance deductible imposed by condominium associations; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ligon, Jr. of the 3rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 2730 JOURNAL OF THE SENATE Y Albers Balfour Y Beach C Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 44, nays 0. C Miller C Mullis Y Murphy E Orrock E Ramsey Y Seay Y Shafer Y Sims Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams HB 458, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 142 by striking in its entirety all matter therein, beginning with "A BILL TO BE ENTITLED AN ACT" and through the end of said substitute, and replacing it with the following: MONDAY, MARCH 25, 2013 2731 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 change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to campaign disclosure reports; to change certain provisions relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to change certain provisions relating to lobbyist disclosure reports; to amend Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, so as to change certain provisions relating to filing of complaints; 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 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 revising paragraph (7) of subsection (a) as follows: "(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such any rules and regulations as are specifically authorized in necessary and appropriate for carrying out the purposes of this chapter; provided, however, that the commission shall not require the reporting or disclosure of more information on any report than is expressly required to be reported or disclosed by this chapter, unless such information was required to be reported or disclosed by rules and regulations of the commission which were in effect as of January 1, 2013, so long as such rules and regulations do not conflict with this chapter; and" SECTION 2. Said chapter is further amended in Code Section 21-5-70, relating to definitions relative to public officers' conduct and lobbyist disclosure, by revising paragraphs (1) and (5) as follows: "(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance 2732 JOURNAL OF THE SENATE of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (B.1) Includes reimbursement or payment of actual and reasonable expenses provided to a public officer for transportation, travel, lodging, registration, food, and beverages, and other activities related to attending a meeting or conference so as to permit such public officer's participation in such meeting or conference; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, tickets for admission to athletic, sporting, recreational, musical concert, or other entertainment events, or anything of value, unless consideration of equal or greater than face value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the family of such public officer or public employee Includes reimbursement or payment of expenses for recreational or leisure activities; and (E) The term shall Does not include: anything defined in paragraph (4.1) of this Code section as a lobbying expenditure, the provisions of subparagraphs (A) through (D) of this paragraph notwithstanding." "(4.1) 'Lobbying expenditure' means: (i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officer's family; (iii) Legal compensation or expense reimbursement provided to public employees and to public officers in the performance of their duties; (iv)(A) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v)(B) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (vi)(C) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (vii) (D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An For purposes of this subparagraph, an agency shall also include the Georgia House of Representatives, the Georgia Senate, standing committees of such bodies and standing subcommittees of such bodies standing committees but not for more than two of such group events per committee or subcommittee per year, local delegations of the House and Senate as defined by House and Senate rules and consisting of no fewer than two members of the General Assembly, caucuses of members of the majority or minority political parties of the House or Senate, other MONDAY, MARCH 25, 2013 2733 caucuses of the House or Senate as approved by the House Committee on Ethics or the Senate Ethics Committee, and the governing body of each political subdivision of this state; (viii) (E) Campaign contributions or expenditures as defined by Code Section 215-3 and reported as required by Article 2 of this chapter; (ix) A commercially reasonable loan made in the ordinary course of business; (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities; or (xi) Transportation unless a lobbyist arranges for or participates in such transportation. (F) Reimbursement or payment of actual and reasonable expenses provided to a public officer and his or her necessary public employee staff members for such public officer's and staff members' individual transportation, lodging, travel, and registration for attending educational, informational, charitable, or civic meetings or conferences that are held at locations within the United States and directly relate to the official duties of that public officer or the office of that public officer, plus food and beverages for such public officer, his or her necessary public employee staff members, and spouse while attending such educational, informational, charitable, or civic meetings or conferences; or (G) Admission provided to members of the General Assembly to any collegiate athletic event in which a student athletic team from a branch of the University System of Georgia or private university or college accredited in the State of Georgia participates, if admission to such event is offered to all members of the General Assembly. (5) 'Lobbyist' means, subject to the qualifications at the end of this paragraph: (A) Any natural person who receives compensation or provides services pro bono publico for advocating to a public officer of the executive or legislative branch of state government as specified in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, while at the state capitol, Coverdell Legislative Office Building, or other state government facility, a position or agenda on behalf of an organization or business entity for the purpose of influencing the decision making of such public officer, if such natural person is neither subject to nor expressly exempted by any other provision of this paragraph or subsection (i) of Code Section 21-5-71; (A)(A.1) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any 2734 JOURNAL OF THE SENATE legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A)(A.1) of this paragraph; (D) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph; (G) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee or independent contractor of the vendor solely on the basis that such employee or independent contractor participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency and shall not include a bona fide salesperson who sells to or contracts with a state agency for goods or services and who does not otherwise engage in activities described in subparagraphs (A) through (F) or (H) through (J)(I) of this paragraph; (H) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any rule or regulation of any state agency; (I) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose any matter before the State Transportation Board; or (J) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose any matter before the State Transportation Board. The provisions of subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall apply only where the person in question spends more than 10 percent of his or her working hours engaged in the activities described in one or more of those MONDAY, MARCH 25, 2013 2735 subparagraphs. In the case of a person who is employed by a single employer, the 10 percent test shall be applied to all time worked for that employer. In the case of a person who is employed by more than one employer or retained by more than one client, the 10 percent test shall be applied separately with respect to time spent working for each employer and each client. A person who spends less than 10 percent of his or her time working for an employer or client engaged in such activities shall not be required to register as or be subject to regulation as a lobbyist for that employer or client. In applying the 10 percent test, time spent in planning, researching, or preparing for activities described in subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall be counted as time engaged in such activities. When registration is required, the time of registration shall be as provided in Code Section 21-5-71." SECTION 3. Said chapter is further amended by revising subsection (n) of Code Section 21-5-34, relating to campaign disclosure reports, as follows: "(n) The commission shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section Reserved." SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, as follows: "(g) The commission shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section Reserved." SECTION 5. Said chapter is further amended by revising Code Section 21-5-71, relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, as follows: "21-5-71. (a)(1) Subject to paragraphs (2) and (3) paragraph (2) of this subsection and except as otherwise provided by subsection (i) of this Code section, no person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person's sentence. The administration of this article is vested in the commission. 2736 JOURNAL OF THE SENATE (2) When a person is hired or retained as an employee or agent or independent contractor and under the agreement of the parties the primary duties, or a substantial part of the duties, of the person will involve lobbying activities, the person shall register as a lobbyist before commencing lobbying activities. (3) When paragraph (2) does not apply there shall be a lookback period of each calendar month for determining whether the 10 percent test of paragraph (5) of Code Section 21-5-70 has been met. If at the end of any month the 10 percent test has been met during that month, the person shall register as a lobbyist within five days after the last day of that month and shall in his or her initial disclosure report include all prior lobbying expenditures in that calendar year. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain: (1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf; (6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of paragraph (5) of Code Section 21-5-70 attempting to influence rule making or purchasing by a state agency or agencies, the name of the state agency or agencies before which the applicant engages in lobbying; (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and (8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person's sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence. (c) The lobbyist shall, within seven days of prior to any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section. MONDAY, MARCH 25, 2013 2737 (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent. (f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees. (2) The commission shall collect the following fees as follows: (A) Annual lobbyist registration or renewal filed pursuant to this Code section, including a lobbyist identification card issued pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 No charge (B) Lobbyist supplemental registration filed pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 No charge (C) Each copy replacement of a lobbyist identification card issued pursuant to this Code section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (D)(i) For reports filed when the General Assembly is not in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed. (ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (E)(i) For reports filed when the General Assembly is in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the twenty-first day after the due date for such report if the report has not been filed. 20.00 2738 JOURNAL OF THE SENATE (ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (f.1) The provisions of subparagraphs (f)(2)(D) and (f)(2)(E) of this Code section shall not apply to any lobbyist who is acting pro bono publico and does not make lobbying expenditures. To qualify for the exemption provided by this subsection, such lobbyist at the time of his or her registration or renewal of registration shall file an affidavit with the commission on such form as prescribed by the commission, stating that during the preceding 12 months he or she has not accepted compensation for lobbying, has not been fined by the commission, and has not made any lobbying expenditure and does not have a present intention to accept compensation for lobbying or make lobbying expenditures during the calendar year for which he or she is registering or renewing registration. Prior to accepting compensation or making any lobbying expenditure during the year for which registration is issued or renewed, he or she shall be required to notify the commission of such forthcoming change of status by filing a supplemental registration under subsection (c) of this Code section, pay all applicable fees otherwise required by subsection (f) of this Code section, and be subject to the applicable reporting requirements of Code Section 21-5-73; and the affidavit shall include a statement acknowledging such requirements. (g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist, a color photograph of the lobbyist, and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish in print or electronically public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to: (1) Any individual who expresses communicates personal views, interests, or professional opinions on that individual's own behalf, to any public officer of the executive or legislative branch of state government as specified in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3; (1.1) Any person who is not a public officer or public employee and who engages in lobbying at the state capitol, Coverdell Legislative Office Building, or other state government facility a combined total of not more than five days in a calendar year, provided that such person is not compensated specifically for lobbying; MONDAY, MARCH 25, 2013 2739 (1.2) An employee or independent contractor of a vendor who solely participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential contract with a state or local government agency or a bona fide salesperson who sells to or contracts with a state or local government agency for goods or services, is not hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, and does not engage in other activities which would make such person a lobbyist; (2) Any person who appears before is invited by a public agency or governmental entity to appear before a committee or at a hearing of such agency or entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony when so long as such person is not otherwise required to comply with the registration provisions of this Code section clearly identifies himself or herself and the interested party on whose behalf he or she is testifying; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes is invited to furnish information upon the specific request of a public agency or governmental entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, so long as such person clearly identifies himself or herself and the interested party on whose behalf he or she furnishes such information; (3.1) Any industry, subject matter, or business expert appearing before a public agency or governmental entity committee, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony or furnishing information when accompanied by a registered lobbyist representing such industry or business or representing an association or trade group for such industry or business; (4) Any licensed attorney when representing a client in administrative proceedings or in civil litigation or criminal proceedings or appearing on behalf of a client in any adversarial proceeding before an agency of this state or any political subdivision of this state; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers or appointed public officials performing the official duties of their public office or position; and (7) Any public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators." 2740 JOURNAL OF THE SENATE SECTION 6. Said chapter is further amended by adding a new Code section to read as follows: "21-5-72.1. (a)(1) No person who is required by the law of this state to register as a lobbyist shall meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any member of the General Assembly to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents. (2) No member of the General Assembly shall with actual knowledge meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any person who is registered as a lobbyist to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents. (b)(1) No person who is registered as a lobbyist under Code Section 21-5-71 shall make any expenditure. (2) No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section 21-5-71." SECTION 7. Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyist disclosure reports, as follows: "21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section in the electronic format specified by the commission, except as otherwise provided by subsection (j) of this Code section. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor shall file a semimonthly disclosure report on the first and fifteenth day of each month, current through the end of the preceding report, beginning January 15 and continuing throughout the period that the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution shall: (1) File a disclosure report, current through the end of the preceding month, on or MONDAY, MARCH 25, 2013 2741 before the fifth day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and (2) File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any lobbying expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any lobbying expenditures relating to municipal affairs or independent school district affairs. (d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), (H), (I), or (J) of paragraph (5) of Code Section 21-5-70 required to register under this article and: (1) Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (2) As an employee of the executive branch or judicial branch of local government, lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 215-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (3) Lobbies to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency; or (4) Lobbies to promote or oppose any matter before the State Transportation Board shall file a monthly disclosure report, current through the end of the preceding period, on or before the fifth day of each month; provided, however, that such monthly reports shall not be filed during any period that the lobbyist files a semimonthly report pursuant to subsection (b) of this Code section. (e) Reports filed by lobbyists shall be verified and shall include: (1) A description of all lobbying expenditures, as defined in described in subparagraphs (D), (F), and (G) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf of or for the benefit of a public officer or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer by the lobbyist or employees of the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such lobbying expenditure. The description of each reported lobbying expenditure shall include: (A) The name and title of the public officer or public employee or, if the lobbying expenditure is simultaneously incurred for an identifiable group of public officers or public employees the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the lobbying expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage tickets; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate lobbying 2742 JOURNAL OF THE SENATE expenditures described in divisions (1)(E)(vii) and (1)(E)(x) subparagraph (D) of paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer or public employee shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the lobbying expenditure was made; and (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the lobbying expenditure was made; (2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and (3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to promote or oppose the passage of any rule or regulation of any state agency, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections. (g) The electronic filing of any disclosure report required by this article shall constitute an affirmation that such report is true, complete, and correct. (h) The commission shall not require the reporting of any more information in a lobbyist disclosure report than is expressly required to be disclosed by this Code section Reserved. (i) All lobbyists shall have a grace period of three business days in filing all disclosure reports. (j)(1) Any employee of a branch, department, commission, agency, or authority of state government who is required to register under this article shall not be subject to the reporting requirements of this Code section. (2) Any registered lobbyist who is exempt from specified fee payment requirements pursuant to subsection (f.1) of Code Section 21-5-71 shall not be subject to the reporting requirements of this Code section during the period in which such exemption from fees remains in effect." MONDAY, MARCH 25, 2013 2743 SECTION 8. Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, is amended by revising subsection (a) as follows: "(a) Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a member of the General Assembly. The clerical officer shall designate the place where such complaints may be filed, provide instruction necessary to properly submit a complaint, and prescribe forms for such complainants. Complaints shall be submitted in writing and verified under oath to the best information, knowledge, and belief of such person. The complaint shall include a statement by the complainant as to whether or not in filing the complaint he or she is acting as an agent, paid or otherwise, for any other person. Any person who knowingly provides false information in executing a complaint under this Code section commits the offense of false swearing within the meaning of Code Section 16-10-71." SECTION 9. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 142. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 142. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 101. By Senators Ginn of the 47th, Stone of the 23rd, Tolleson of the 20th, Mullis of the 53rd, Hill of the 32nd and others: A BILL to be entitled an Act to amend Titles 8, 16, 27, and 43 of the Official Code of Georgia Annotated, relating to buildings and housing, crimes and 2744 JOURNAL OF THE SENATE offenses, game and fish, and professions and businesses, respectively, so as to regulate the sale, use, and possession of firearms in this state; to prohibit conditioning tenancy in public housing upon certain restrictions on the possession of firearms; to provide for exceptions; to authorize persons licensed in other states to carry firearms in this state; to repeal state laws regarding firearms dealers; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Meadows of the 5th, Jasperse of the 11th, and Powell of the 32nd. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the House: HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives O`Neal of the 146th, Golick of the 40th, and Meadows of the 5th. Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: MONDAY, MARCH 25, 2013 2745 HB 318. By Representatives Stephens of the 164th, Hatchett of the 150th, Coomer of the 14th, Battles of the 15th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the "Georgia Tourism Development Act," so as to revise certain definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 361. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Beach of the 21st. The Senate Insurance and Labor Committee offered the following substitute to HB 361: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to membership in labor organizations, so as to provide for definitions; to provide for a statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits relative to employment security, so as to provide changes to the determination of eligibility for unemployment benefits of certain persons performing 2746 JOURNAL OF THE SENATE certain services; to provide for related matters; to provide for severability; 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 34 of the Official Code of Georgia Annotated, relating to membership in labor organizations, is amended in Code Section 34-6-20, relating to definitions, as follows: "34-6-20. As used in this article, the term: (1) 'Employee' includes any employee and shall not be limited to the employees of a particular employer. (2) 'Employer' includes any person acting in the interest of an employer, directly or indirectly, but shall not include the United States, a state or any political subdivision thereof, any person subject to the Railway Labor Act, as amended, any transit authority subject to the provisions and requirements of Section 13(c) of the Federal Transit Act, 49 U.S.C. Section 5333(b), any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization. (3) 'Employment' means employment by an employer. (4) 'Federal labor laws' means the National Labor Relations Act and the Labor Management Relations Act, as amended by federal administrative regulations relating to labor and management or employee and employer issues, and the United States Constitution as amended and as construed by the federal courts. (5) 'Governmental body' means the State of Georgia or any local government or its subdivisions, including but not limited to cities, municipalities, counties, and any public body, agency, board, commission or other governmental, quasi-governmental, or quasi-public body, or like capacity of local government or its subdivision. (4)(6) 'Labor organization' means any organization of any kind or any agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "34-6-20.1. The rights protected under federal labor laws include, but are not limited to: (1) An employer's or employee's right to express views in favor of or contrary to unionization and any other labor relations issues to the full extent allowed by the First Amendment of the United States Constitution and Section 8(c) of the National Labor Relations Act; MONDAY, MARCH 25, 2013 2747 (2) An employee's right to participate in, and an employer's right to demand, a secret ballot election under federal law, including, without limitation, the full procedural protections afforded by such laws for defining the unit, conducting the election campaign and election, and making any challenges or objections thereto; and (3) An employer's right to: (A) Oppose the recognition of a labor organization based solely on reviewing authorization cards absent a secret ballot election conducted in accordance with federal labor laws; (B) Refuse to release sensitive and private employee information beyond the requirements of federal labor laws; (C) Maintain the confidentiality of employee information to the maximum extent allowed by federal labor laws; and (D) Restrict access to its property or business to the maximum extent allowed by federal labor laws." SECTION 3. Said article is further amended by revising Code Section 34-6-21, relating to membership in or resignation from a labor organization as a condition of employment, as follows: "34-6-21. (a) No individual shall be required as a condition of employment or continuance of employment to be or remain a member or an affiliate of a labor organization or to resign from or to refrain from membership in or affiliation with a labor organization. (b) No governmental body may pass any law, ordinance, or regulation or impose any contractual, zoning, permitting, licensing, or other condition that requires any employer or employee to waive statutory rights under federal labor laws. (c) No governmental body may pass any law, ordinance, or regulation that would require, in whole or in part, an employer or multiple employer association to accept or otherwise agree to any provisions that are mandatory or nonmandatory subjects of collective bargaining under federal labor laws, including, but not limited to, any limitations on an employer's or multiple employer association's right to engage in collective bargaining with a labor organization, to lock out employees, or to operate during a work stoppage; provided, however, that the foregoing shall not invalidate or otherwise restrict the application of federal labor laws. (d) No employer or labor organization shall be forced to enter into any agreement, contract, understanding, or practice, written or oral, implied or expressed, that subverts the established process by which employees may make informed and free decisions regarding representation and collective bargaining rights provided for by federal labor laws." SECTION 4. Said article is further amended by revising Code Section 34-6-25, relating to deductions from employees' earnings of fees of labor organizations, as follows: 2748 JOURNAL OF THE SENATE "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 shall not be irrevocable for a period of more than one year written authorization of the employee. 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. (c) This Code section shall not apply to any collective bargaining agreement entered into pursuant to the Railway Labor Act, as amended, any transit authority subject to the provisions and requirements of Section 13(c) of the Federal Transit Act, 49 U.S.C. Section 5333(b), or to any professional association whose membership is exclusively composed of educators, law enforcement officers, or firefighters not engaged or engaging in contracting or collective bargaining." SECTION 5. Said article 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 such 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 written authorization of the employee. Such authorization may be revoked at any time at the request of the employee and will be effective for the pay period following such revocation. (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 6. Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits relative to employment security, is amended by revising Code Section 34-8-196, relating to determination of eligibility for aliens and other person performing certain services, as follows: "34-8-196. (a) Benefits based on service in educational institutions. Benefits based on service in employment as defined in subsections (h) and (i) of Code Section 34-8-35 shall be MONDAY, MARCH 25, 2013 2749 payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other services subject to this chapter, except as otherwise provided in this Code section:. (b)(1) With respect to services performed in an instructional, research, or principal administrative capacity for any educational institution, including those operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid during periods of unemployment if services were performed in the prior year, term, or vacation period and there is a contract or a reasonable assurance of returning to work for an educational institution immediately following the period of unemployment. Such periods of unemployment include those occurring: (A) Between two successive academic terms or years; (B) During an established and customary vacation period or holiday recess; (C) During the time period covered by an agreement that provides instead for a similar period between two regular but not successive terms; or (D) During a period of paid sabbatical leave provided for in the individual's contract.; and (2) With respect to services performed in any other capacity with any educational institution, including those operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid during periods of unemployment if services were performed in the prior year, term, or vacation period and there is a reasonable assurance of returning to work for an educational institution immediately following the period of unemployment. If compensation is denied pursuant to this paragraph to an individual, however, and that individual is not offered an opportunity to perform services for the educational institution following the unemployed period, such individual shall be entitled to retroactive payment for each week during that period of unemployment a timely claim was filed and benefits were denied solely by reason of this paragraph. Such periods of unemployment include those occurring: (A) Between two successive academic years or terms; or (B) During an established and customary vacation period or holiday recess.; and (3) Benefits shall not be paid as specified in paragraphs (1) and (2) of this subsection to any individual for any week of unemployment if the individual performs such services in an educational institution while in the employ of an educational service agency. For the purposes of this paragraph, the term 'educational service agency' means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing such services to one or more educational institutions. (4) For the purposes of this paragraph, the term 'educational institution' includes the voluntary programs established in paragraph (1) of Code Section 20-1A-4. Benefits shall not be paid as specified in paragraphs (1) and (2) of this subsection on the basis of services in any such capacities to any individual who performed those services for a private employer holding a contractual relationship with the educational institution to provide services to or on behalf of an educational institution or an institution of 2750 JOURNAL OF THE SENATE higher education during periods of unemployment if such services were performed in the prior year, term, or vacation period and there is a reasonable assurance of returning to work for an educational institution immediately following the period of unemployment. If compensation is denied pursuant to this paragraph to an individual, however, and that individual is not offered an opportunity to perform services for the educational institution following the unemployed period, such individual shall be entitled to retroactive payment for each week during that period of unemployment a timely claim was filed and benefits were denied solely by reason of this paragraph. Such periods of unemployment include those occurring: (A) Between two successive academic years or terms; or (B) During an established and customary vacation period or holiday recess. (b)(c) Benefits based on services in professional sports. Benefits shall not be paid to an individual on the basis of any services substantially all of which consist of participating in professional sports or athletic events or of training or preparing to so participate for any week which begins during the period between two successive sport seasons or similar periods if such individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods. (c)(d) Benefits based on services performed by aliens. (1) Benefits shall not be paid to an individual based on services performed by an alien unless such alien was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed. (2) Any data or information required of individuals applying for benefits to determine whether benefits are payable because of their alien status shall be uniformly required from all applicants for benefits. (3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of the individual's alien status shall be made except upon a preponderance of the evidence. (d)(e) As used in this Code section, the term 'reasonable assurance' means a written, verbal, or implied agreement between an employer and its employee that such employee will be returned to employment following the period of unemployment." SECTION 7. This Act shall be severable as provided by Code Section 1-1-3 of Official Code of Georgia Annotated. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 25, 2013 2751 Senators McKoon of the 29th and Mullis of the 53rd offered the following amendment #1: Amend HB 361 (LC 37 1623ERS) by deleting the quotation mark at the end of line 101 and inserting after line 101 the following: (d) Nothing in this Code section shall prohibit an employer from entering into a contractual agreement with an organization to provide annually for a specific period in which employees may change their automatic payroll deduction status, provided that such employees shall have a minimum of 14 days to begin or end payroll deductions and receive written notification of such agreement." By deleting the quotation mark at the end of line 117 and inserting after line 117 the following: (c) Nothing in this Code section shall prohibit an employer from entering into a contractual agreement with an organization to provide annually for a specific period in which employees may change their automatic payroll deduction status, provided that such employees shall have a minimum of 14 days to begin or end payroll deductions and receive written notification of such agreement." On the adoption of the amendment, the President asked unanimous consent. Senator Beach of the 21st objected. On the adoption of the amendment, Senator Beach of the 21st called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Beach C Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance N Cowsert Y Crane N Crosby Y Davenport Y Davis Dugan Y Fort N Ginn N Golden N Gooch Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson Y Hufstetler Jackson, B Y Jackson, L Y James N Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas Y McKoon N Millar Y Miller Y Mullis N Murphy Y Orrock E Ramsey Seay N Shafer Y Sims N Staton Y Stone Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman Y Wilkinson N Williams 2752 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 22, nays 27, and the McKoon, Mullis amendment #1 to the committee substitute was lost. Senator Henson of the 41st offered the following amendment #2: Amend the Senate Insurance and Labor Committee substitute to HB 361 (LC 37 1623ERS) by deleting lines 6 through 9 and inserting in lieu thereof the following: contracts permitting labor organizations to deduct fees from employees' earnings; to By deleting Section 6 and redesignating Sections 7 and 8 as Sections 6 and 7, respectively. On the adoption of the amendment, the President asked unanimous consent. Senator Millar of the 40th objected. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Beach C Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Dugan Y Fort N Ginn N Golden N Gooch Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas N McKoon N Millar N Miller N Mullis N Murphy Y Orrock E Ramsey Y Seay N Shafer Y Sims N Staton N Stone 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 16, nays 35, and the Henson amendment #2 to the committee substitute was lost. Senator Dugan of the 30th was excused for business outside the Senate Chamber. MONDAY, MARCH 25, 2013 2753 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis E Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares E Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock E Ramsey N Seay Y Shafer N Sims Y Staton Y Stone 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. HB 361, having received the requisite constitutional majority, was passed by substitute. HB 150. By Representatives Bruce of the 61st, Pruett of the 149th, Roberts of the 155th, Burns of the 159th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10, Chapter 1 of Title 35, Article 4 of Chapter 18 of Title 50, and Title 51 of the O.C.G.A., relating to selling and other trade practices, general provisions for law enforcement officers and agencies, inspection of public records, and torts, respectively, so as to enact provisions relating to the reproduction of arrest booking photographs; to require law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to prohibit the use of an 2754 JOURNAL OF THE SENATE individual's persona for commercial purposes without authorization; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. Senators Stone of the 23rd and Davis of the 22nd offered the following amendment #1: Amend HB 150 (LC 29 5559S) by replacing lines 54 through 57 with the following: or radio station or network, or television station or network in the publication or dissemination in print or electronically of: (A) News or commentary; or (B) An an advertisement of or for another person, when the publisher, owner, agent, or employee did not have actual knowledge of the false, misleading, or deceptive character of the On the adoption of the amendment, there were no objections, and the Stone, Davis amendment #1 was adopted. Senator Shafer of the 48th offered the following amendment #2: Amend HB 150 (LC 29 5559S) by inserting "publicly available" after "person's" on line 39. On the adoption of the amendment, there were no objections, and the Shafer amendment #2 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C MONDAY, MARCH 25, 2013 2755 Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar 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 150, having received the requisite constitutional majority, was passed as amended. HB 187. By Representatives Dickerson of the 113th, Holt of the 112th, Welch of the 110th, Rutledge of the 109th, Stephenson of the 90th and others: A BILL to be entitled an Act to amend Code Section 16-13-32.6 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing with intent to distribute controlled substances or marijuana in, on, or within drug-free commercial zones, so as to change the date of incorporation of local ordinances by reference; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins 2756 JOURNAL OF THE SENATE Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 0. HB 187, having received the requisite constitutional majority, was passed. HB 354. By Representatives Clark of the 101st, Coleman of the 97th, Tankersley of the 160th, Kaiser of the 59th, Morgan of the 39th and others: A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to revise terminology relating to early care and learning; to require the Department of Early Care and Learning to provide certain information to owners of early care and education programs; to authorize the department to administer certain programs; to expand the purposes of the "Georgia Professional Standards Act;"; to authorize the Professional Standards Commission to perform certain functions and services with respect to early care and education program personnel if funding is available; to provide for statutory construction; to amend various other titles of the O.C.G.A., for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. Senators Williams of the 19th and Loudermilk of the 14th offered the following amendment #1: Amend HB 354 (LC 33 5118S) by adding after the semicolon on line 100 the following: provided, however, that no department, official, or employee of the executive branch may commit to participation in a federal education program unless the department, official, or employee first informs the General Assembly about the federal program and provides a full analysis of the following: (A) The long-term projections of unfunded costs for both state and local governments, which projections shall cover at least 12 years; (B) Any resulting transfer of governing control of any aspect of education from state or local officials to any other entity outside the state, whether in the federal government or elsewhere; (C) The purpose and effect of the federal program, including its effect on and interrelationship with any existing program currently operating within the state; and (D) Any negative effects on the constitutional rights of Georgia citizens to exercise control over education; MONDAY, MARCH 25, 2013 2757 On the adoption of the amendment, the yeas were 8, nays 34, and the Williams, Loudermilk 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 Beach N Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E N Ligon N Loudermilk Y Lucas N McKoon Y Millar N Miller Y Mullis Y Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 8. HB 354, having received the requisite constitutional majority, was passed. HB 454. By Representatives Martin of the 49th, Lindsey of the 54th and Abrams of the 89th: A BILL to be entitled an Act to amend Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the contents and form of the budget report, so as to require certain items to be included in the tax expenditure review; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. 2758 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones, B E Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock E Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 454, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 25, 2013 2759 Senator Mullis of the 53rd asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 142 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Chance of the 16th, Shafer of the 48th and Mullis of the 53rd. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 26, 2013. The motion prevailed, and the President announced the Senate adjourned at 7:53 p.m. 2760 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 26, 2013 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 Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 266. By Senators Hill of the 32nd and Hill of the 6th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to provide for a ROTC grant; to provide for eligibility and amounts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 267. By Senators Loudermilk of the 14th, Hill of the 32nd, Cowsert of the 46th, Williams of the 19th, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans, so as to authorize local school boards to obtain health insurance coverage from a private provider for public school teachers and public school employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 268. By Senators Hufstetler of the 52nd and Orrock of the 36th: A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, so as to authorize a physician to delegate to a physician assistant the TUESDAY, MARCH 26, 2013 2761 authority to prescribe Schedule II controlled substances; to require health insurance providers to record the name of a physician assistant providing care and treatment to a patient; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 269. By Senator Tippins of the 37th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide for priorities between liens of mechanics and materialmen and other liens under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 270. By Senator Millar of the 40th: A BILL to be entitled an Act to incorporate the City of Lakeside in DeKalb County; to provide for a charter for the City of Lakeside; 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 Lakeside; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 271. By Senators Carter of the 42nd and Butler of the 55th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to authorize a local board of education to agree to interventions determined by the State Board of Education in lieu of school board member removal proceedings if a school system or a school is placed on the level of accreditation immediately preceding loss of accreditation; to provide for requirements; to provide for statutory construction; to provide for rules and regulations; to provide for related matters; to provide for submission of certain provisions 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 Education and Youth Committee. 2762 JOURNAL OF THE SENATE SR 642. By Senators Loudermilk of the 14th, Gooch of the 51st, Ligon, Jr. of the 3rd, Hufstetler of the 52nd and Hill of the 32nd: A RESOLUTION creating the Senate Human Embryonic Research Study Committee; and for other purposes. Referred to the Rules Committee. The following committee reports were read by the Secretary: Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 203 SR 623 Do Pass by substitute Do Pass SR 618 Do Pass SR 629 Do Pass Respectfully submitted, Senator Mullis of the 53rd 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 380 HB 444 HB 548 HB 575 HB 586 HB 590 HB 593 HB 598 HB 604 HB 619 HB 625 HB 629 HB 638 HB 641 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 435 HB 528 HB 561 HB 584 HB 589 HB 591 HB 594 HB 603 HB 616 HB 620 HB 627 HB 630 HB 640 HB 642 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman TUESDAY, MARCH 26, 2013 2763 The following legislation was read the second time: SR 203 SR 618 SR 623 SR 629 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 Harper of the 7th introduced the chaplain of the day, Pastor William Pope of Douglas, Georgia, who offered scripture reading and prayer. Senator Hill of the 4th introduced the doctor of the day, Dr. W. Scott Bohlke, commended by SR 408, adopted previously. Dr. W. Scott Bohlke addressed the Senate briefly. The following resolutions were read and adopted: SR 636. By Senators Jackson of the 24th, Bethel of the 54th, Burke of the 11th, Dugan of the 30th, Hufstetler of the 52nd and others: A RESOLUTION recognizing and commending Columbia County School Superintendent Charles R. Nagle on the occasion of his retirement; and for other purposes. SR 637. By Senators James of the 35th, Fort of the 39th, Seay of the 34th, Orrock of the 36th, Tate of the 38th and others: A RESOLUTION congratulating Mr. Willie James Fussell on the occasion of his 80th birthday; and for other purposes. SR 638. By Senators James of the 35th, Fort of the 39th, Seay of the 34th, Orrock of the 36th, Butler of the 55th and others: A RESOLUTION honoring the life and memory of Ms. Rhonda Payne; and for other purposes. SR 639. By Senators James of the 35th, Fort of the 39th, Seay of the 34th, Orrock of the 36th, Tate of the 38th and others: A RESOLUTION recognizing March 26, 2013, as District 35 Legislative Day at the capitol; and for other purposes. 2764 JOURNAL OF THE SENATE SR 640. By Senators James of the 35th, Seay of the 34th, Fort of the 39th, Orrock of the 36th, Butler of the 55th and others: A RESOLUTION recognizing and commending Bishop Preston Warren Williams II; and for other purposes. SR 641. By Senators Carter of the 1st, Wilkinson of the 50th, Shafer of the 48th, Chance of the 16th and Staton of the 18th: A RESOLUTION recognizing and commending Mr. Jerry Nix on the occasion of his retirement as an executive of Genuine Parts Company and his stepping down as chairman of the Board of Trustees of Young Harris College; and for other purposes. SR 643. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Doug Magnus and his company, Conditioned Air Systems, Inc., on their 30 years of service to the community; and for other purposes. SR 644. By Senators Mullis of the 53rd, Hufstetler of the 52nd and Bethel of the 54th: A RESOLUTION recognizing and commending David Dunn on his outstanding public service; and for other purposes. SR 645. By Senator Butler of the 55th: A RESOLUTION commending the Glorious Women of Jubilee Christian Church and recognizing May 10 through 12, 2013, as Sister2Sister Weekend; and for other purposes. SR 646. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Ms. Carol Henderson; and for other purposes. SR 647. By Senator Tippins of the 37th: A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Evelyn Wardlaw; and for other purposes. TUESDAY, MARCH 26, 2013 2765 SR 648. By Senators Fort of the 39th, Tate of the 38th, Butler of the 55th and Henson of the 41st: A RESOLUTION recognizing the Sikh community's celebration of Vaisakhi on April 14, 2013; and for other purposes. SR 649. By Senator Harbison of the 15th: A RESOLUTION commending and recognizing Bennie Butler Newroth for her significant achievements; and for other purposes. SR 652. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of Charles Foster, Jr.; and for other purposes. SR 653. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mr. Clayton Kuhles; and for other purposes. SR 654. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of First Lieutenant Robert Eugene Oxford; and for other purposes. SR 655. By Senators Orrock of the 36th, Unterman of the 45th, Hufstetler of the 52nd, Fort of the 39th, Ligon, Jr. of the 3rd and others: A RESOLUTION urging adult citizens of Georgia to strongly consider preparing an advance directive for health care that appoints their health care agent and states their treatment preferences; and for other purposes. SR 656. By Senators Orrock of the 36th, Fort of the 39th, Henson of the 41st, Carter of the 42nd, Davenport of the 44th and others: A RESOLUTION honoring the life and memory of Lillian Kamack Corrigan; and for other purposes. SR 657. By Senators Unterman of the 45th, Balfour of the 9th, Millar of the 40th, Shafer of the 48th, Carter of the 1st and others: A RESOLUTION recognizing March 27, 2013, as United Against Childhood Obesity Day at the capitol; and for other purposes. 2766 JOURNAL OF THE SENATE SR 658. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Donna Peeples Ladd, Fannin County High School's 2013 STAR Teacher; and for other purposes. SR 659. By Senator Gooch of the 51st: A RESOLUTION commending William Alan Patterson, Fannin County High School's 2013 STAR Student; and for other purposes. SR 660. By Senator Gooch of the 51st: A RESOLUTION commending Spencer Lane Roper, Dawson County High School's 2013 STAR Student; and for other purposes. SR 661. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Michael Williams, Dawson County High School's 2013 STAR Teacher; and for other purposes. SR 662. By Senator Gooch of the 51st: A RESOLUTION commending Christina Hansen, North Forsyth High School's 2013 STAR Student; and for other purposes. SR 663. By Senator Gooch of the 51st: A RESOLUTION commending Alexis Pope, one of Gilmer County High School's 2013 STAR Students; and for other purposes. SR 664. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Mr. Greg Wingo, one of Gilmer County High School's 2013 STAR Teachers; and for other purposes. SR 665. By Senator Gooch of the 51st: A RESOLUTION commending Lance Armour, one of Gilmer County High School's 2013 STAR Students; and for other purposes. SR 666. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Mrs. Tammy Gudger, one of Gilmer County High School's 2013 STAR Teachers; and for other purposes. TUESDAY, MARCH 26, 2013 2767 SR 667. By Senator Gooch of the 51st: A RESOLUTION commending William Patrick Morgan, White County High School's 2013 STAR Student; and for other purposes. SR 668. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending John Major, North Forsyth High School's 2013 STAR Teacher; and for other purposes. Senator Staton of the 18th was excused as a Conferee. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday March 26, 2013 Thirty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 380 Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th BOARD OF EDUCATION OF 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 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor and funding agent of such plan; to provide for the administration of 2768 HB 435 HB 444 JOURNAL OF THE SENATE the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th STATE COURT OF FULTON COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3537), so as to change the compensation of the chief judge of the court; to provide for duties of the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th SUPERIOR COURT OF FULTON COUNTY A BILL to be entitled an Act to amend an Act to supplement the salaries of the judges of the Superior Court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to increase the amount of such supplement for the HB 528 HB 548 HB 561 TUESDAY, MARCH 26, 2013 2769 judges of the superior court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th CITY OF PEACHTREE CITY A BILL to be entitled an Act to authorize the governing authority of the City of Peachtree City to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 6th Loudermilk of the 14th Hill of the 32nd Thompson of the 33rd Tippins of the 37th Tate of the 38th CITY OF SMYRNA A BILL to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), so as to to change the description of the wards; 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. Williams of the 19th CITY OF JESUP A BILL to be entitled an Act to amend an Act creating a new charter for the City of Jesup, approved December 15, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to change the description of the election 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. 2770 HB 575 HB 584 HB 586 HB 589 JOURNAL OF THE SENATE Millar of the 40th CITY OF PEACHTREE CORNERS A BILL to be entitled an Act to amend an Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), so as to change certain provisions relating to the city's ability to enter into agreements with other governmental parties; to provide for the city's inclusion to the Gwinnett County Police Service District, the Gwinnett County Fire and Emergency Medical Service District, the Gwinnett County Recreation District, and the Gwinnett County Emergency 9-1-1 System at the conclusion of the city's transition period; to clarify the city's municipal elections through the transition period; to provide for related matters; to repeal conflicting laws; and for other purposes. Gooch of the 51st CITY OF CLEVELAND A BILL to be entitled an Act to provide a new charter for the City of Cleveland;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. Ligon, Jr. of the 3rd CITY OF KINGSLAND A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Kingsland; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Lucas of the 26th BOARD OF EDUCATION OF WASHINGTON COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Washington County, approved April 5, 1993 (Ga. L. 1993, p. 4652), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4447), 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 HB 590 HB 591 HB 593 TUESDAY, MARCH 26, 2013 2771 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. Heath of the 31st BOARD OF EDUCATION OF 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, so as to revise the districts for the election of members of the Board of Education of Polk 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 effective dates; to repeal conflicting laws; and for other purposes. Seay of the 34th Davenport of the 44th CLAYTON COUNTY A BILL to be entitled an Act repealing an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3869); and for other purposes. Lucas of the 26th WASHINGTON COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4454), 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 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. 2772 HB 594 HB 598 JOURNAL OF THE SENATE Hill of the 6th Beach of the 21st Crane of the 28th 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 entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to define certain terms; to provide that all future employees of Fulton County other than public safety employees shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes. Hill of the 6th Beach of the 21st Crane of the 28th James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th SUPERIOR COURT OF FULTON COUNTY A BILL to be entitled an Act to provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; to repeal conflicting laws; and for other purposes. HB 603 HB 604 HB 616 TUESDAY, MARCH 26, 2013 2773 Hill of the 6th Loudermilk of the 14th Hill of the 32nd Thompson of the 33rd Tippins of the 37th STATE COURT OF COBB COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3699), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th FULTON COUNTY A BILL to be entitled an Act to amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), so as to provide for dates on which the governing authority of Fulton County may make or fix certain levies of ad valorem taxes; to provide for procedures related thereto; to cite a certain constitutional authorization; to repeal conflicting laws; and for other purposes. Williams of the 19th CITY OF LYONS A BILL to be entitled an Act to provide a new charter for the City of Lyons to provide for severability; 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. 2774 HB 619 HB 620 HB 625 HB 627 JOURNAL OF THE SENATE 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. 976), 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. Millar of the 40th CITY OF PEACHTREE CORNERS A BILL to be entitled an Act to authorize the City of Peachtree Corners to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for related matters; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Hill of the 4th CITY OF RINCON A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Rincon," approved April 4, 1997 (Ga. L. 1997, p. 3556), as amended, particularly by an Act approved April 15, 2005 (Ga. L. 2005, p. 3547), so as to provide that the corporate limits of such town shall include certain property; to repeal conflicting laws; and for other purposes. Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th FULTON COUNTY HB 629 HB 630 HB 638 TUESDAY, MARCH 26, 2013 2775 A BILL to be entitled an Act to amend an Act creating one or more community improvement districts in unincorporated Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to change a certain provision relating to the dissolution of the district; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 6th Loudermilk of the 14th Hill of the 32nd Thompson of the 33rd Tippins of the 37th CITY OF KENNESAW A BILL to be entitled an Act to provide a new charter for the City of Kennesaw; to provide for reincorporation; to provide for an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Heath of the 31st POLK COUNTY A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Polk County, approved March 30, 1989 (Ga. L. 1989, p. 4652), so as to provide for districts; to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 6th Loudermilk of the 14th Hill of the 32nd Thompson of the 33rd Tippins of the 37th COBB JUDICIAL CIRCUIT A BILL to be entitled an Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3730), so as to provide for a supplement to be paid to each of the judges of the superior court of such circuit and an additional supplement for the chief judge of such circuit; to provide for related 2776 HB 640 HB 641 HB 642 JOURNAL OF THE SENATE matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Williams of the 19th CITY OF GLENVILLE 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 28, 1985 (Ga. L. 1985, p. 4756), so as to change the description of the wards; 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. Hill of the 6th Loudermilk of the 14th Hill of the 32nd Thompson of the 33rd Tippins of the 37th OFFICE OF TAX COLLECTOR COBB COUNTY A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3725), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. Millar of the 40th Carter of the 42nd CITY OF BROOKHAVEN A BILL to be entitled an Act to amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE TUESDAY, MARCH 26, 2013 2777 Pursuant to Senate Rule 4-2.9(b), Senator Orrock of the 36th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 380, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Fort of the 39th /s/ Orrock of the 36th /s/ Lucas of the 26th Date: 3/26/13 Pursuant to Senate Rule 4-2.9(b), HB 380 was placed on the Senate Local Contested Calendar for today. Pursuant to Senate Rule 4-2.9(b), Senator Tate of the 38th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 594, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Fort of the 39th /s/ Orrock of the 36th /s/ Tate of the 38th Date: 3/26/13 Pursuant to Senate Rule 4-2.9(b), HB 594 was placed on the Senate Local Contested Calendar for today. Pursuant to Senate Rule 4-2.9(b), Senator Tate of the 38th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 598, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Fort of the 39th /s/ Orrock of the 36th /s/ Tate of the 38th Date: 3/26/13 Pursuant to Senate Rule 4-2.9(b), HB 598 was placed on the Senate Local Contested Calendar for today. 2778 JOURNAL OF THE SENATE Pursuant to Senate Rule 4-2.9(b), Senator Fort of the 39th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 604, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Fort of the 39th /s/ Orrock of the 36th /s/ Tate of the 38th Date: 3/26/13 Pursuant to Senate Rule 4-2.9(b), HB 604 was placed on the Senate Local Contested Calendar for today. The substitute to the following bill was put upon its adoption: *HB 642: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 642: A BILL TO BE ENTITLED AN ACT To amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), is amended by revising subsection (d) of Section 2.02 as follows: "(d) The number of consecutive terms an individual may hold the position of mayor shall be limited to two four-year terms and shall not include any partial term of office served as mayor." SECTION 2. Said Act is further amended by revising Section 3.10 as follows: TUESDAY, MARCH 26, 2013 2779 "SECTION 3.10. Finance director. The mayor may appoint a finance director subject to confirmation by the city council to perform the duties of an accountant. The finance director 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 diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities." SECTION 3. Said Act is further amended by revising Section 6.05 as follows: "SECTION 6.05. Charter commission. There shall be a charter commission which shall periodically review the provisions of the city's charter and the actual experience and operation of the city government and suggest and recommend to the mayor and council and to the General Assembly any changes to the charter. Such suggestions and recommendations shall be contained in a written report to the mayor and council and to the legislative delegation representing the city. Members of the charter commission shall begin the work of the charter commission on July 1, 2017, and every five years thereafter, and shall be appointed as follows: one member shall be appointed by the mayor, one member shall be appointed by the city council, and one member shall be appointed by each member of the Georgia House of Representatives or Senate whose district lies wholly or partially within the corporate boundaries of the city, except for a state representative or state senator whose district contains only a road or a portion of a road in the City of Brookhaven. All members of the charter commission must reside in the City of Brookhaven. Members shall be appointed not later than the first day of June of the year in which the charter commission shall undertake its review. At the first meeting of the charter commission, the members shall select from among their number a chairperson who shall preside over the meetings of the charter commission. The commission shall complete its review of the charter provisions and the actual operation of the city government and submit its written report not later than December 31 of the year in which the charter commission is formed. Upon the submission of the report, the charter commission shall be dissolved." SECTION 4. 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. 2780 JOURNAL OF THE SENATE 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Ginn Golden Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims C Staton Y Stone N Tate Thompson, C Y Thompson, S Y 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 HB 642, having received the requisite constitutional majority, were passed. HB 642, 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 and Senate: HB 655. By Representative Nimmer of the 178th: A BILL to be entitled an Act to repeal an Act creating the Brantley County Airport Authority, approved May 14, 2008 (Ga. L. 2008, p. 4380); to TUESDAY, MARCH 26, 2013 2781 provide for the transfer of all assets, property, and legal rights and obligations of the Brantley County Airport Authority to Brantley County; to provide for transfer of records and pending matters; to provide for transfer of employees; to repeal conflicting laws; and for other purposes. SB 250. By Senators Jackson of the 2nd and Carter of the 1st: A BILL to be entitled an Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3734), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3564), so as to change the description of the council 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. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 253. By Senator Ginn of the 47th: A BILL to be entitled an Act to provide a new charter for the City of Carlton; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Thompson of the 33rd The following Senators were excused as Conferees: Hill of the 4th Mullis of the 53rd Senator Tate of the 38th moved the Senate suspend to print the local legislation. On the motion, a roll call was taken, and the vote was as follows: N Albers N Balfour N Beach Harbison N Harper N Heath Miller C Mullis N Murphy 2782 JOURNAL OF THE SENATE Y Bethel N Burke Y Butler N Carter, B Y Carter, J Chance Y Cowsert N Crane N Crosby Y Davenport E Davis N Dugan Y Fort Y Ginn N Golden Gooch Y Henson N Hill, H C Hill, Jack Y Hill, Judson Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B Jones, E N Ligon N Loudermilk Y Lucas McKoon N Millar Y Orrock Y Ramsey Y Seay N Shafer Y Sims N Staton N Stone Y Tate Thompson, C E Thompson, S N Tippins N Tolleson N Unterman Wilkinson N Williams On the motion, the yeas were 17; nays 26, the motion lost, and the Senate did not suspend for the purpose of printing the local legislation. The following local, contested legislation, favorably reported by the committee, was put upon its passage: HB 380 Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th BOARD OF EDUCATION OF 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 11, 2009 (Ga. L. 2009, p. 4004), and an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), so as to provide that the Board of Education of Fulton County shall be the plan sponsor TUESDAY, MARCH 26, 2013 2783 and funding agent of such plan; to provide for the administration of the plan through a committee of the board of education; to provide for a committee known as the pension board; to provide for membership and duties of the pension board; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Chance Y Cowsert N Crane Y Crosby N Davenport E Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath N Henson N Hill, H C Hill, Jack N Hill, Judson Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller C Mullis Y Murphy Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 30, nays 16. HB 380, having received the requisite constitutional majority, was passed. 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 Government Oversight Health and Human Services Higher Education Urban Affairs 2784 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 March 26, 2013 To: Secretary of the Senate Please record my NO vote on HB 380 on the Local Contested Calendar today as I inadvertently failed to cast my vote by machine. Thank you, /s/ Nan Orrock District 36 Senator Hufstetler of the 52nd 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: HB 594 Hill of the 6th Beach of the 21st Crane of the 28th 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 entitled "An Act to completely and exhaustively revise, supersede, consolidate, and replace all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration," approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to provide a statement of authority; to define certain terms; to provide that all future employees of Fulton County other than public safety employees shall be unclassified; to provide for current classified employees; to provide that employees may be dismissed, demoted, or disciplined for any reason or no reason without notice, explanation, or appeal; to provide a statement of legislative intent; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 26, 2013 2785 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport E Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H C Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller C Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N 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 35, nays 14. HB 594, having received the requisite constitutional majority, was passed. The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage: HB 598 Hill of the 6th Beach of the 21st Crane of the 28th James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th SUPERIOR COURT OF FULTON COUNTY 2786 JOURNAL OF THE SENATE A BILL to be entitled an Act to provide that Fulton County employees first or again employed on and after July 1, 2013, to serve the Superior Court of Fulton County, the Magistrate Court of Fulton County, or the State Court of Fulton County shall be employees at will; 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport E Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H C Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller C Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N 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 35, nays 14. HB 598, having received the requisite constitutional majority, was passed. The following local, contested legislation, favorably reported by the committee as listed on the Local Contested Calendar, was put upon its passage: HB 604 Hill of the 6th Beach of the 21st Crane of the 28th Hill of the 32nd James of the 35th TUESDAY, MARCH 26, 2013 2787 Orrock of the 36th Tate of the 38th Fort of the 39th Millar of the 40th Shafer of the 48th Albers of the 56th FULTON COUNTY A BILL to be entitled an Act to amend an Act providing for the determination of millage rates by governing authorities in Fulton County, approved March 14, 1991 (Ga. L. 1991, p. 3506), so as to provide for dates on which the governing authority of Fulton County may make or fix certain levies of ad valorem taxes; to provide for procedures related thereto; to cite a certain constitutional authorization; 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport E Davis Y Dugan N Fort N Ginn Y Golden Y Gooch Harbison Y Harper Y Heath N Henson Y Hill, H C Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B Jones, E Y Ligon Loudermilk N Lucas Y McKoon Y Millar Y Miller C Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone 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 32, nays 15. HB 604, having received the requisite constitutional majority, was passed. 2788 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 655. By Representative Nimmer of the 178th: A BILL to be entitled an Act to repeal an Act creating the Brantley County Airport Authority, approved May 14, 2008 (Ga. L. 2008, p. 4380); to provide for the transfer of all assets, property, and legal rights and obligations of the Brantley County Airport Authority to Brantley County; to provide for transfer of records and pending matters; to provide for transfer of employees; 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: Jones of the 10th Thompson of the 5th Senator Chance of the 16th moved to engross HB 34, HB 463, HB 250, HB 211, HB 399, HB 99, and HB 517, which were 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Crane Y Crosby N Davenport E Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate E Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams TUESDAY, MARCH 26, 2013 2789 On the motion, the yeas were 35, nays 14; the motion prevailed, and HB 34, HB 463, HB 250, HB 211, HB 399, HB 99, and HB 517, were engrossed. Senator Mullis of the 53rd moved to engross HB 143, 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance N Cowsert N Crane Y Crosby N Davenport E Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Harbison Y Harper N Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate E Thompson, C N Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the motion, the yeas were 32, nays 18; the motion prevailed, and HB 143 was engrossed. Senator Murphy of the 27th moved to engross HB 139, 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 Beach N Harbison Y Harper N Heath Y Miller Y Mullis Y Murphy 2790 JOURNAL OF THE SENATE Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance N Cowsert N Crane Y Crosby N Davenport E Davis Y Dugan N Fort Y Ginn Y Golden N Gooch N Henson Y Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon N Millar N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate E Thompson, C N Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the motion, the yeas were 31, nays 21; the motion prevailed, and HB 139 was engrossed. Senator Dugan of the 30th moved to engross HB 87, 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 Beach N Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance N Cowsert N Crane N Crosby N Davenport N Davis Y Dugan N Fort N Harbison Y Harper N Heath N Henson Y Hill, H Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares N Jones, B E Jones, E Y Ligon Y Loudermilk Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate E Thompson, C N Thompson, S Y Tippins Y Tolleson N Unterman TUESDAY, MARCH 26, 2013 2791 Y Ginn Y Golden N Gooch N Lucas Y McKoon Y Millar Y Wilkinson N Williams On the motion, the yeas were 27, nays 25; the motion lost, and HB 87 was not engrossed. Senator Albers of the 56th was excused for business outside the Senate Chamber. Senator David Shafer, President Pro Tempore, assumed the Chair. SENATE RULES CALENDAR TUESDAY, MARCH 26, 2013 THIRTY-NINTH LEGISLATIVE DAY HB 232 Regents Retirement Plan; level of employee participation; change (RET-40th) Battles-15th HB 289 Funds transfers; Uniform Commercial Code and federal law; clarify certain provisions (B&FI-49th) Kelley-16th HB 437 Atlanta Judicial Circuit; provide for selection of chief judge (JUDY-13th) Willard-51st HB 441 Fulton County Superior Court; administrator shall have oversight of budget; provide (JUDY-29th) Willard-51st HB 143 Campaign contributions; disclosure reports; change certain provisions (Substitute) (RULES-53rd) Ralston-7th HB 407 Drivers' licenses; mandatory use of ignition interlock devices following second conviction for driving under influence of alcohol or drugs; modify and extend provisions (Substitute)(PUB SAF-49th) Powell-32nd HB 207 Licenses; issuance of a special turkey-hunting permit for young and mobility impaired hunters; authorize (Substitute)(NR&E-7th) Shaw-176th HB 475 Drivers' licenses; commissioner to enter into reciprocal agreements on behalf of Georgia for recognition of licenses issued by foreign territories; authorize (PUB SAF-48th) Pak-108th HB 34 Income tax credit; clean energy property; include certain commercial geothermal heat pumps (FIN-29th) Parsons-44th 2792 HB 59 HB 70 HB 71 HB 78 HB 79 HB 87 HB 99 HB 104 HB 132 HB 139 HB 463 HB 156 HB 160 HB 177 JOURNAL OF THE SENATE Alarm monitoring services; licensed persons and companies to utilize alarm verification; require (PUB SAF-40th) Taylor-79th Special needs students; waiver of one of the scholarship requirements under certain conditions; provide (Substitute)(ED&Y-37th) Golick-40th Georgia Municipal Employees Benefit System; total percentage of investments permissible in real estate investments; increase (RET-54th) Riley-50th Crimes and offenses; protection of disabled adults and elder persons; change provisions (Substitute)(JUDYNC-45th) Willard-51st Official Code of Georgia; revise, modernize and correct errors or omissions (JUDY-29th) Willard-51st Elections; use of the boundaries of a gated community as the boundaries of a precinct; authorize (Substitute)(ETHICS-30th) Hightower-68th Malt beverages; amount produced by a person in his or her private residence; change (RI&U-27th) Spencer-180th Special license plates; supporting the Appalachian Trail Conservancy; add (PUB SAF-7th) Carson-46th Georgia Board of Pharmacy and Georgia Board of Dentistry; administratively attached to Department of Community Health; provide (RI&U-49th) Hawkins-27th Sheriffs; general qualification requirements; revise (Substitute) (ETHICS-27th) Hamilton-24th Motor vehicle licenses; registration rates under International Registration Plan for apportioned vehicles; change (Substitute)(FIN-6th) Rice-95th Electronic pornography; certain acts amounting to unlawfully seducing or enticing a child through use of computer online service; clarify (Substitute) (JUDYNC-6th) Neal-2nd Mortgages; vacant and foreclosed real property registries; revise provisions (Substitute)(JUDY-23rd) Jacobs-80th Oconee River Greenway Authority; change the membership (NR&E-25th) Wilkinson-52nd HB 179 HB 182 HB 188 HB 189 HB 199 HB 215 HB 226 HB 240 HB 244 HB 250 HB 276 HB 284 HB 296 HB 302 TUESDAY, MARCH 26, 2013 2793 Pharmacies; The Pharmacy Audit Bill of Rights; change certain provisions (I&L-52nd) Welch-110th Juvenile court administration; hearing on the order of an associate court judge; delete provisions (Substitute)(JUDY-23rd) Weldon-3rd Professions and businesses; certain military certifications entitle persons to obtain certain professional licenses in this state; provide (RI&U-6th) Coomer-14th Natural Resources, Department of; notify local governing authorities before making certain significant changes in park service; require (NR&E-29th) Buckner-137th Georgia Environmental Finance Authority; expand Georgia Reservoir Fund (NR&E-17th) Lindsey-54th Superior courts; filings in the clerk's office; change provisions (JUDY-29th) Benton-31st Solid waste management; tire transportation, storage, and disposal; revise certain requirements (Substitute)(NR&E-20th) Nix-69th Medicaid and PeachCare for Kids; certain speech-language pathology; require reimbursement (I&L-49th) Carson-46th Elementary and secondary education; annual performance evaluations; revise certain provisions (ED&Y-37th) Nix-69th Local excise tax; sale or use of energy; revise certain provisions (FIN-6th) Rice-95th Hazardous site response; appropriations to Department of Natural Resources and Georgia Hazardous Waste Management Authority; change certain procedures (Substitute)(NR&E-17th) Nimmer-178th Return to Play Act of 2013; enact (ED&Y-37th) Pruett-149th Motor vehicles; authorized to receive registration records; add certain persons (Substitute)(JUDY-53rd) Powell-32nd Controlled substances; substances included under Schedule I and III; add (Substitute)(H&HS-1st) Broadrick-4th 2794 HB 323 HB 324 HB 320 HB 332 HB 337 HB 338 HB 365 HB 366 HB 381 HB 382 HB 393 HB 434 HB 446 JOURNAL OF THE SENATE Motor vehicles; age for operation of certain commercial motor vehicle operators; modify (Substitute)(PUB SAF-7th) Powell-32nd Georgia Student Finance Commission; board of commissioners; Georgia Student Finance Authority; board of directors; verification of lawful presence; provide exemptions (H ED-32nd) Dollar-45th Solid waste management; currently existing and compliant inert waste landfill operations from regulatory permitting; exempt (Substitute) (NR&E-20th) Harden-148th Georgia Board of Nursing; reconstitute; provisions (H&HS-45th) Williamson-115th Elementary and secondary education; public and private schools to stock supply of auto-injectable epinephrine; authorize (ED&Y-52nd) Fleming-121st Georgia Council for the Arts; role of arts in economic development and other vital functions to the state; clarify (ECD-6th) Wilkinson-52nd Safety belts; definition of the term "passenger vehicle" to which the safety belt law applies; modify (PUB SAF-1st) Hitchens-161st Peace officers; disciplining certified officers and requirements for certification; clarify application of provisions (PUB SAF-23rd) Hitchens-161st Natural Resources, Department of; department creation and operation of a nonprofit corporation; revise provisions (NR&E-17th) Hatchett-150th Torts; governing authority of school that enters into recreational joint-use agreement with public or private entity; limit liability (Substitute) (JUDY-29th) Powell-171st Georgia Workforce Investment Board; provide for powers and duties; provisions (I&L-21st) Hamilton-24th Liens; mechanics and materialmen; special liens include amount due and interest on such amount; provide (Substitute)(JUDY-27th) Weldon-3rd Guardian and ward; proposed ward who resided in another state prior to submission of guardianship or conservatorship petition for such proposed ward; provide certain additional notice requirements (JUDY) Peake-141st HB 451 HB 480 HB 482 HB 486 HB 497 HB 499 HB 506 HB 517 HB 511 HB 238 HB 211 HB 21 HR 73 TUESDAY, MARCH 26, 2013 2795 Chattahoochee Judicial Circuit; provide for additional judge (JUDY-29th) Smyre-135th Crimes and offenses; list of persons who may be present in courtroom when person under age of 16 testifies concerning a sex offense; add victim assistance personnel (JUDYNC-23rd) Ballinger-23rd Corrections, Department of; employees serving as certified peace officers may retain their weapons under certain circumstances; provide (PUB SAF-53rd) Neal-2nd Weight of vehicles; issuance of annual commercial wrecker emergency tow permits; provide qualifications (TRANS-51st) Roberts-155th Georgia Boat Safety Act; numbering and registration of vessels; revise provisions (Substitute)(NR&E-51st) Tanner-9th Torts; payor guidelines and criteria under federal law shall not establish legal basis for negligence or standard of care for medical malpractice; provide (JUDY-29th) Sheldon-104th Chattahoochee Judicial Circuit; provide for selection of chief judge (JUDY-29th) Smyre-135th Alcohol; local control of distance requirements of grocery stores and other licensees for retail sale of wine and malt beverages near college campuses; provide (Substitute)(RI&U-47th) Williams-119th State employees' health insurance plan; pilot program to provide coverage for bariatric surgical procedures for treatment and management of obesity; provide (Substitute)(H&HS-45th) Dempsey-13th Public School Employees Retirement System; limitation on maximum level of benefits; clarify certain provisions (RET-12th) Maxwell-17th Motor fuel excise tax; public school systems under certain circumstances; exempt (FIN-22nd) Benton-31st Adoption; postadoption contact agreements; provide (Substitute) (JUDY-29th) Oliver-82nd Word, Mr. Lathan Rydell; compensate (APPROP-38th) Hugley-136th 2796 JOURNAL OF THE SENATE HB 399 Ad valorem tax; types of interests in real property may be subject to taxation; clarify (FIN-18th) Knight-130th HR 411 Trooper Lieutenant Joseph "Joey" Keith Boatright Memorial Bridge; Carroll County; dedicate (TRANS-51st) Hightower-68th HR 603 Community Health, Department of; collect and report certain data relating to bariatric surgical procedures; direct (H&HS-45th) Dempsey-13th Respectfully submitted, /s/ Mullis of the 53rd, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 232. By Representatives Battles of the 15th and Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions in the Regents Retirement Plan, so as to change the level of employee participation; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Millar of the 40th. 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 GREG S. GRIFFIN State Auditor (404) 656-2174 January 22, 2013 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 TUESDAY, MARCH 26, 2013 2797 SUBJECT: State Auditor's Certification House Bill 232 (LC 21 1976) Dear Representative Maxwell: This bill would amend provisions relating to employee contributions under the Regents Retirement Plan. Currently, the required employee contribution is determined by the board of trustees of the Teachers Retirement System. However, the board of trustees must set a rate that is not less than five percent nor more than six percent of the employee's earnable compensation. If this legislation is enacted, the provisions which limit the level of employee participation will be eliminated. Additionally, the responsibility for determining the required employee contribution will be moved to the Board of Regents. The Board of Regents currently determines the employer contribution for the plan. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer (PRS) Y Sims Y Staton Y Stone Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson 2798 JOURNAL OF THE SENATE Fort Y Ginn Y Golden Y Gooch Loudermilk Y Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 47, nays 1. Y Unterman Y Wilkinson Y Williams HB 232, having received the requisite constitutional majority, was passed. HB 289. By Representatives Kelley of the 16th, Lindsey of the 54th and Willard of the 51st: A BILL to be entitled an Act to amend Part 1 of Article 4A of Title 11 of the Official Code of Georgia Annotated, relating to subject matter and definitions relative to funds transfers, so as to clarify the relationship between certain provisions of the Uniform Commercial Code and federal law; 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock N Ramsey Y Seay Shafer (PRS) Y Sims Y Staton Y Stone N Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams TUESDAY, MARCH 26, 2013 2799 On the passage of the bill, the yeas were 47, nays 4. HB 289, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 91. By Senators Harper of the 7th, Wilkinson of the 50th, Mullis of the 53rd, Staton of the 18th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to repeal the "Emerging Crops Fund Act"; to repeal conflicting laws; and for other purposes. SB 145. By Senators Heath of the 31st, Williams of the 19th and Harper of the 7th: 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 add farm weddings to the definition of agritourism; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 177. By Senators Ginn of the 47th, Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: 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 2800 JOURNAL OF THE SENATE Development, so as to change the membership of the Georgia Tourism Foundation; 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 218. By Senators Gooch of the 51st, Miller of the 49th, Jackson of the 24th, Mullis of the 53rd, Beach of the 21st 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; 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 293. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Ralph A. Pierce and dedicating a road in his memory; and for other purposes. The President resumed the Chair. The Calendar was resumed. HB 437. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others: A BILL to be entitled an Act to provide for the selection of the chief judge of the Atlanta Judicial Circuit; to provide for terms; to provide for powers and duties; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Crosby of the 13th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Harbison Y Harper Y Heath Miller Y Mullis Y Murphy TUESDAY, MARCH 26, 2013 2801 Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Stone 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 2. HB 437, having received the requisite constitutional majority, was passed. HB 441. By Representatives Willard of the 51st, Geisinger of the 48th, Jones of the 47th, Martin of the 49th, Rice of the 95th and others: A BILL to be entitled an Act to provide for the administration of the budget of the Superior Court of Fulton County; to provide that the court administrator shall have oversight of the budget; to provide that the court administrator, with the approval of the chief judge, is authorized to make changes to line item appropriations; to provide that any unexpended funds at the end of the fiscal year shall lapse to the general fund of Fulton County; to provide an effective date; 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 Beach Y Bethel Harbison Y Harper Y Heath Y Henson Y Miller Y Mullis Y Murphy Y Orrock 2802 JOURNAL OF THE SENATE Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Hill, H Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone Y 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 45, nays 5. HB 441, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in certain areas, so as to authorize the commissioner of economic development to designate areas as impoverished areas; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 26, 2013 2803 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, is amended by revising subsection (c) as follows: "(c) The commissioner of community affairs, and the commissioner of economic development in areas qualifying under the provisions of paragraphs (1), (3), and (4) of this subsection, also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised composed of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs and the commissioner of economic development, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; (2) Any area comprised composed of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised composed of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs and the commissioner of economic development, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buyouts, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs and the commissioner of economic development, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 15 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36 or where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36 and which, in the opinion of the commissioner of community affairs and the commissioner of economic development, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all applications for designation under subsection (c) of Code Section 48-7-40.1 filed on or after July 1, 2013. 2804 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Jeffares of the 17th asked unanimous consent that the Senate disagree to the House substitute to SB 137. The consent was granted, and the Senate disagreed to the House substitute to SB 137. The following bill was taken up to consider House action thereto: SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to clarify the provision of special license plates for veterans; to modify provisions relating to a special license plate for the AIDS Survival Project and designate the special license plate funds for AID Atlanta; to modify provisions relating to a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to add a special license plate supporting the Atlanta Braves Foundation and the foundation's philanthropic activities and charitable sponsorships; 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. Said article is further amended by revising Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows: "40-2-85.1. (a) For purposes of this Code section, the term: (1) 'Military medal award' means the following medals, decorations, or other TUESDAY, MARCH 26, 2013 2805 recognition of honor for military service awarded by a branch of the United States military: (A) Medal of Honor; (B) Bronze Star Medal; (C) Silver Star Medal; (D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal; (J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal; (M) Defense Superior Service Medal; (N) Legion of Merit; (O) Distinguished Flying Cross; (P) Purple Heart; and (Q) Air Medal. (2) 'Served during active military combat' means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom. (3) 'Veteran' means a former member of the armed forces of the United States who is discharged from the armed forces under conditions other than dishonorable. (b)(1) Motor vehicle and trailer owners who are retired veterans of the armed forces of the United States, or who have received a military medal award, or persons who served during active military combat shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Eligibility to receive a special and distinctive vehicle license plate for persons who are no longer serving in the United States military shall be conditioned on such person having been discharged from military service under honorable conditions. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2)(A) Motor vehicle and trailer owners who retired from active duty with the armed forces of the United States are veterans or have received a military medal award or served during active military combat shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veteran's license plate, military medal award recipient license plate, or commemorative service license plate for service during active military combat. One such license plate shall be issued without the requisite 2806 JOURNAL OF THE SENATE registration fee, manufacturing fee, or annual registration fee. (B) Each member or former member of the armed forces listed in subsection (b) of this Code section shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (c) The commissioner shall design a retired veteran's license plate, a military medal award recipient license plate, and a license plate to commemorate service with the United States armed forces during active military combat. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, trucks, and trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (e) of this Code section, such plates shall be nontransferable. (d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, trucks, and trailers used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States, or recipients of a military medal award, or persons who served during active military combat and shall additionally, for such plates manufactured after July 1, 2001, identify distinctly the owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard. (e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States or of a deceased person who received a military medal award or who served during active military combat shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. (f) Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section." TUESDAY, MARCH 26, 2013 2807 SECTION 2. Said article is further amended by revising paragraph (24) of subsection (l) of Code Section 40-2-86, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, and by adding two new paragraphs to read as follows: "(24) A special license plate for the AIDS Survival Project AID Atlanta. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project AID Atlanta which is committed to providing people living with HIV the information and support they need to live healthy and productive lives." "(49) A special license plate supporting the Appalachian Trail. The funds raised by the sale of this special license plate shall be disbursed to the Appalachian Trail Conservancy and used to protect, maintain, and conserve the Georgia portion of the Appalachian Trail and connecting trails, and to promote awareness of wilderness, hiking, and back country recreation. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'www.appalachiantrail.org'. (50) A special license plate supporting the Atlanta Braves Foundation. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Atlanta Braves Foundation and used in the foundation's philanthropic activities and charitable sponsorships. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Go Braves.'" SECTION 3. This Act shall become effective on July 1, 2013. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Ramsey, Sr. of the 43rd asked unanimous consent that the Senate disagree to the House substitute to SB 121. The consent was granted, and the Senate disagreed to the House substitute to SB 121. The following bill was taken up to consider House action thereto: SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 3660-6 of the O.C.G.A., relating to utilization of federal work authorization 2808 JOURNAL OF THE SENATE program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to modify provisions relating to penalties for the failure of a public employer to utilize the federal work authorization program and modify provisions relating to requiring private employers to utilize the federal work authorization program; to provide legislative intent relative thereto; to amend Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of the federal work authorization program, so as to modify provisions relating to private businesses participating in the employment eligibility verification system prior to the issuance of a business license or other document and provisions related to evidence of state licensure, annual reporting, and violations; to amend Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, so as to correct a cross-reference; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to modify provisions relating to the "Secure and Verifiable Identity Document Act" and the provision of public benefits to illegal aliens and to add new provisions relating to requiring agencies to submit annual immigration compliance reports; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-90, relating to definitions pertaining to security and immigration compliance, as follows: "13-10-90. As used in this article, the term: (1) 'Commissioner' means the Commissioner of Labor. (2) 'Contractor' means a person or entity that enters into a contract for the physical performance of services with a public employer. (3) 'Federal work authorization program' means any of the electronic verification of TUESDAY, MARCH 26, 2013 2809 work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify employment eligibility information of newly hired employees, commonly known as E-Verify, or any subsequent replacement program. (4) 'Physical performance of services' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor or services for a public employer within this state under a contract or other using a bidding process or by contract wherein the labor or services exceed $2,499.99. (5) 'Public employer' means every department, agency, or instrumentality of the this state or a political subdivision of the this state with more than one employee. (6) 'Subcontractor' means a person or entity having privity of contract with a contractor, subcontractor, or sub-subcontractor and includes a contract employee or staffing agency. (7) 'Sub-subcontractor' means a person or entity having privity of contract with a subcontractor or privity of contract with another person or entity contracting with a subcontractor or sub-subcontractor." SECTION 2. It is the intent of the General Assembly that all public employers and contractors at every tier and level use the federal work authorization program on all projects, jobs, and work resulting from any bid or contract and that every public employer and contractor working for a public employer take all possible steps to ensure that a legal and eligible workforce is utilized in accordance with federal immigration and employment. SECTION 3. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising paragraph (1) of subsection (b) and subparagraph (b)(7)(A) of Code Section 13-10-91, relating to verification of new employee eligibility, applicability, and rules and regulations, as follows: "(b)(1) A public employer shall not enter into a contract pursuant to this chapter for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following: (A) The affiant has registered with, is authorized to use, and uses the federal work authorization program; (B) The user identification number and date of authorization for the affiant; (C) The affiant will continue to use the federal work authorization program throughout the contract period; and 2810 JOURNAL OF THE SENATE (D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt." "(7)(A) Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer's federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer. Public employers subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this subsection. Subject to available funding, the state auditor shall conduct annual compliance audits on a minimum of at least one-half of the reporting agencies and publish the results of such audits annually on the department's Department of Audits and Accounts' website on or before September 30." SECTION 4. Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of the federal work authorization program, issuance of a business or similar license, evidence of state licensure, annual reporting, form affidavit, violations, and investigations, is amended by revising subsections (d), (e), and (f) as follows: "(d)(1) Before any county or municipal corporation issues or renews a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer's federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, TUESDAY, MARCH 26, 2013 2811 on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees. (2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section. (e) Beginning December 31, 2012, and annually thereafter, any county or municipal corporation issuing or renewing a business license, occupational tax certificate, or other document required to operate a business shall provide to the Department of Audits and Accounts a report demonstrating that such county or municipality is acting in compliance with the provisions of this Code section. This annual report shall identify each license or certificate issued by the agency in the preceding 12 months and include the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the affidavit submitted at the time of application. Counties and municipal corporations subject to the requirements of this Code section shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies. (f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which may shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law's official website no later than January 1, 2012." SECTION 5. Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, is amended by revising subsection (c) as follows: "(c) Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (c) (d) of Code Section 50-36-1." 2812 JOURNAL OF THE SENATE SECTION 6. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-361, relating to verification requirements, procedures, and 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 public benefit which shall include the following: (i)(A) Adult education; (ii)(B) Authorization to conduct a commercial enterprise or business; (iii)(C) Business certificate, license, or registration; (iv)(D) Business loan; (v)(E) Cash allowance; (vi)(F) Disability assistance or insurance; (vii)(G) Down payment assistance; (viii)(H) Energy assistance; (ix)(I) Food stamps; (x)(J) Gaming license; (K) Grants; (xi)(L) Health benefits; (M) Homestead exemption; (xii)(N) Housing allowance, grant, guarantee, or loan; (xiii)(O) Loan guarantee; (xiv)(P) Medicaid; (xv)(Q) Occupational license; (xvi)(R) Professional license; (S) Public and assisted housing; (xvii)(T) Registration of a regulated business; (xviii)(U) Rent assistance or subsidy; (V) Retirement benefits; (xix)(W) State grant or loan; (xx)(X) State issued driver's license and identification card; TUESDAY, MARCH 26, 2013 2813 (xxi)(Y) Tax certificate required to conduct a commercial business; (Z) Tax credit; (xxii)(AA) Temporary assistance for needy families (TANF); (xxiii)(BB) Unemployment insurance; and (xxiv)(CC) Welfare to work. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'public benefit' that may be administered in this state as defined in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the description of the benefit and shall be updated annually and distributed to the members of the General Assembly and be posted to the Attorney General's website. (5) 'SAVE program' means the federal Systematic Alien Verification for Entitlements program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security for the same purpose. (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 under federal immigration law 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 in the United States under federal immigration law under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States under federal immigration law is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or 2814 JOURNAL OF THE SENATE (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. (e) All policies of agencies or political subdivisions regarding public benefits for postsecondary education shall comply with federal law as provided in 8 U.S.C. Section 1623. (e)(f)(1) Except as provided in subsection (g) of this Code section, an An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to: (A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and (B) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States and stating under federal immigration law; provided, however, that if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that: (i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or (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 providing provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts' official website. (3) Documents and 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 shall include a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmitted method approved by the agency or political subdivision. (4) The requirements of this subsection shall not apply to any applicant applying for or renewing an application for a public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document, as defined in Code TUESDAY, MARCH 26, 2013 2815 Section 50-36-2, and a signed and sworn affidavit affirming that such applicant is a United States citizen. (g)(1) The Department of Driver Services shall require every applicant for a state issued driver's license or state identification card to submit, in person, an original secure and verifiable document, as defined in Code Section 50-36-2. (2) The requirements of this subsection shall not apply to any applicant renewing a state issued driver's license or state identification card if he or she has previously complied with the requirements of this subsection. (f)(h) 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 SAVE program. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence in the United States under federal immigration law for the purposes of this Code section. (g)(i) 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)(j) Verification of citizenship through means required by federal law shall satisfy the requirements of this Code section. (i)(k) 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. Agencies and political subdivisions subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 5036-4 as proof of compliance with this subsection. Any agency or political subdivision failing to provide a report as required by this subsection shall not be entitled to any assistance, funds, or grants from the Department of Community Affairs. (j)(l) Any and all errors and significant delays by the SAVE program shall be reported to the United States Department of Homeland Security. (k)(m) Notwithstanding subsection (g) (i) of this Code section, any applicant for public benefits shall not be guilty of any crime for executing an affidavit attesting to his or her lawful presence in the United States under federal immigration law that contains a false statement if said such affidavit is not required by this Code section. (l)(n) 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. 2816 JOURNAL OF THE SENATE (m)(o) Compliance with this Code section by an agency or political subdivision shall include taking all reasonable, necessary steps required by a federal agency to receive authorization to utilize the SAVE program or any successor program designated by the United States Department of Homeland Security or other federal agency, including providing copies of statutory authorization for the agency or political subdivision to provide public benefits and other affidavits, letters of memorandum of understanding, or other required documents or information needed to receive authority to utilize the SAVE program or any successor program for each public benefit provided by such 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 be liable for failing to use the SAVE program or any such successor program to verify eligibility for public benefits. (n)(p) 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)(q) 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 7. Said chapter is further amended by revising Code Section 50-36-2, relating to secure and verifiable identification documents, as follows: "50-36-2. (a) This Code section shall be known and may be cited as the 'Secure and Verifiable Identity Document Act.' TUESDAY, MARCH 26, 2013 2817 (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)(A) 'Secure and verifiable document' means a document issued by a state or federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies and shall include: (i) An original or certified birth certificate issued by a state, county, municipal authority, or territory of the United States bearing an official seal; (ii) A certification of report of birth issued by the United States Department of State; (iii) A certification of birth abroad issued by the United States Department of State; or (iv) A consular report of birth abroad issued by the United States Department of State. (B) The term 'secure and verifiable document' shall not include any foreign passport unless the passport is submitted with a valid United States Homeland Security Form I-94, I-94A, or I-94W, or other federal document specifying an alien's lawful immigration status, or other proof of lawful presence in the United States under federal immigration law, or 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. Only those documents approved and posted by the Attorney General pursuant to subsection (f) (g) of this Code section shall be considered secure and verifiable documents. (c) Unless required by federal law, on or after January 1, 2012, no agency or political subdivision shall accept, rely upon, or utilize an identification document for any official purpose that requires the presentation of identification by such agency or political subdivision or by federal or state law unless it is a secure and verifiable document. (d) Copies of secure and verifiable documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this subsection, electronic submission shall include, but shall not be limited to, submission via facsimile, Internet, or any other electronically assisted transmitted method approved by the agency or political subdivision. (d)(e) Any person acting in willful violation of this Code section by knowingly accepting identification documents that are not secure and verifiable documents shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. (e)(f) This Code section shall not apply to: (1) A person reporting a crime; (2) An agency official accepting a crime report, conducting a criminal investigation, 2818 JOURNAL OF THE SENATE or assisting a foreign national to obtain a temporary protective order; (3) A person providing services to infants, children, or victims of a crime; (4) A person providing emergency medical service; (5) A peace officer in the performance of the officer's official duties and within the scope of his or her employment; (6) Instances when a federal law mandates acceptance of a document; (7) A court, court official, or traffic violation bureau for the purpose of enforcing a citation, accusation, or indictment; (8) Paragraph (2) of subsection (a) of Code Section 40-5-21 or paragraph (2) of subsection (a) of Code Section 40-5-21.1; or (9) An attorney or his or her employees for the purpose of representing a criminal defendant; or (10) The provision of utility services related to basic human necessities, including water, sewer, electrical power, communications, and gas. (f)(g) Not later than August 1, 2011, the Attorney General shall provide and make public on the Department of Law's website a list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General." SECTION 8. Said chapter is further amended by adding a new Code section to read as follows: "50-36-4. (a) As used in this Code section, the term: (1) 'Agency or political subdivision' means any department, agency, authority, commission, or governmental entity of this state or any subdivision of this state. (2) 'Annual reporting period' means from December 1 of the preceding year through November 30 of the year in which the report is due. (3) 'Contractor' shall have the same meaning as set forth in Code Section 13-10-90. (4) 'Department' means the Department of Audits and Accounts. (5) 'Physical performance of services' shall have the same meaning as set forth in Code Section 13-10-90. (6) 'Public employer' shall have the same meaning as set forth in Code Section 13-1090. (b) Each agency or political subdivision subject to any of the requirements provided in Code Sections 13-10-91, 36-60-6, and 50-36-1 shall submit an annual immigration compliance report to the department by December 31 that includes the information required under subsection (d) of this Code section for the annual reporting period. If an agency or political subdivision is exempt from any, but not all, of the provisions of subsection (d) of this Code section, it shall still be required to submit the annual report but shall indicate in the report which requirements from which it is exempt. (c) The department shall create an immigration compliance reporting system and shall provide technical support for the submission of such reports. The department shall further provide annual notification of such reports with submission instructions to all agencies and political subdivisions subject to such requirements. The department shall TUESDAY, MARCH 26, 2013 2819 be authorized to implement policy as is needed to carry out the requirements of this subsection. (d) The immigration compliance report provided for in subsection (b) of this Code section shall contain the following: (1) The agency or political subdivision's federal work authorization program verification user number and date of authorization; (2) The legal name, address, and federal work authorization program user number of every contractor that has entered into a contract for the physical performance of services with a public employer as required under Code Section 13-10-91 during the annual reporting period; (3) The date of the contract for the physical performance of services between the contractor and public employer as required under Code Section 13-10-91; (4) A listing of each license or certificate issued by a county or municipal corporation to private employers that are required to utilize the federal work authorization program under the provisions of Code Section 36-60-6 during the annual reporting period, including the name of the person and business issued a license and his or her federally assigned employment eligibility verification system user number as provided in the private employer affidavit submitted at the time of application; and (5)(A) A listing of each public benefit administered by the agency or political subdivision and a listing of each public benefit for which SAVE program authorization for verification has not been received. (B) As used in this paragraph, the terms 'public benefit' and 'SAVE program' shall have the same meaning as set forth in Code Section 50-36-1. (e) In the event that the immigration compliance report submitted by an agency or political subdivision is found to be deficient by the department, so long as a new immigration compliance report is submitted with the prior deficiencies corrected and fully complies with this Code section, such agency or political subdivision shall be deemed to have satisfied the requirements of this Code section. (f) Any action taken by an agency or a political subdivision for the purpose of complying with the requirements of this Code section shall not subject such agency or political subdivision to any civil liability arising from such action. (g) The department shall not find an agency or a political subdivision to be in violation of this Code section as a result of any actions or omissions by a county constitutional officer." SECTION 9. This Act shall become effective on July 1, 2013. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Ginn of the 47th asked unanimous consent that the Senate disagree to the House substitute to SB 160. 2820 JOURNAL OF THE SENATE The consent was granted, and the Senate disagreed to the House substitute to SB 160. The following bill was taken up to consider House action thereto: SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd 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. The House substitute was as follows: 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 and foreign corporation under certain circumstances; 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. Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, is amended by revising subsection (e) as follows: "(e) Summons -- Personal service. Except for cases in which the defendant has waived service, the summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows: (1)(A) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, such corporation or foreign corporation, a managing agent, or other agent thereof, or a registered agent thereof, provided that when for any reason service cannot be had in such manner, the Secretary of State shall be an agent of such corporation or foreign corporation upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, TUESDAY, MARCH 26, 2013 2821 notice, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The plaintiff or the plaintiff's attorney shall certify in writing to the Secretary of State that he or she has forwarded by registered mail or statutory overnight delivery such process, service, or demand to the last registered office or registered agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the such corporation or foreign corporation has failed either to maintain a registered office or to appoint a registered agent in this state. Further, if it shall appear appears from such certification that there is a last known address of a known officer of the such corporation or foreign corporation outside the this state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail or statutory overnight delivery a copy of the summons and a copy of the complaint. Any such service by certification to the Secretary of State shall be answerable not more than 30 days from the date the Secretary of State receives such certification;. (B) As used in this paragraph, the term 'managing agent' means a person employed by a corporation or a foreign corporation who is at an office or facility in this state and who has managerial or supervisory authority for such corporation or foreign corporation; (2)(A) If the action is against a foreign corporation or doing business in this state without authorization to transact business in this state that has a managing agent or against a nonresident individual, partnership, joint-stock company, or association, doing business and having in this state that has a managing or other agent, cashier, or secretary within this state, to such agent, cashier, or secretary or to an a registered agent designated for service of process;. (B) As used in this paragraph, the term 'managing agent' means a person employed by a foreign corporation doing business in this state without authorization to transact business in this state or a nonresident individual, partnership, joint-stock company, or association doing business in this state who is at an office or facility in this state and who has managerial or supervisory authority for such foreign corporation, nonresident individual, partnership, joint-stock company, or association; (3) If against a minor, to the minor, personally, and also to such minor's father, mother, guardian, or duly appointed guardian ad litem unless the minor is married, in which case service shall not be made on the minor's father, mother, or guardian; (4) If against a person residing within this state who has been judicially declared to be of unsound mind or incapable of conducting his or her own affairs and for whom a guardian has been appointed, to the person and also to such person's guardian and, if there is no guardian appointed, then to his or her duly appointed guardian ad litem; (5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city, or to an agent authorized by appointment to receive service of process. If against any other public body or organization subject to an action, to the chief executive officer or clerk thereof; 2822 JOURNAL OF THE SENATE (6) If the principal sum involved is less than $200.00 and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of the abode and on the same day mailing by certified or registered mail or statutory overnight delivery an additional copy to the defendant at his or her last known address, if any, and making an entry of this action on the return of service; or (7) In all other cases to the defendant personally, or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Jackson of the 2nd asked unanimous consent that the Senate disagree to the House substitute to SB 113. The consent was granted, and the Senate disagreed to the House substitute to SB 113. The following Senators were excused for business outside the Senate Chamber: Ginn of the 47th Loudermilk of the 14th Staton of the 18th The Calendar was resumed. HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Rules Committee offered the following substitute to HB 143: 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 change certain provisions relating to powers and duties of TUESDAY, MARCH 26, 2013 2823 the Georgia Government Transparency and Campaign Finance Commission; to revise definitions relating to ethics in government; to change certain provisions relating to campaign contribution disclosure reports; to change certain provisions relating to filing campaign contribution disclosure reports; to change certain provisions relating to acceptance of contributions or pledges during legislative sessions; to change certain provisions relating to financial disclosure statement filings by public officers, filings by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission; 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 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by revising paragraph (19) of subsection (b) of Code Section 215-6, relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission, as follows: "(19) On a quarterly basis, to prepare, update, and publish in print or electronically a report and post such report on its website, listing the name of each filer required to file with the commission who has not filed the most recent campaign contribution disclosure report required by Code Sections 21-5-34 and 21-5-34.1, the financial disclosure statement required by Code Section 21-5-50, or the disclosure report required by Code Section 21-5-73 within 30 days of the date such report was due to be filed;" SECTION 2. Said chapter is further amended by revising paragraphs (18) and (22) of Code Section 215-3, relating to definitions, as follows: "(18) 'Ordinary and necessary expenses' shall include, but shall not be limited to, expenditures made during the reporting period for filing fees, office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, repayment of any loans received except as restricted under subsection (i) of Code Section 21-541, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, attorney fees connected to and in the furtherance of the campaign, and all other expenditures contemplated in Code Section 21-5-33." "(22) 'Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; 2824 JOURNAL OF THE SENATE (D) Each member of the General Assembly; (E) The executive director of each state board, commission, council, or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official." SECTION 3. Said chapter is further amended by revising Code Section 21-5-34, relating to campaign contribution disclosure reports, as follows: "21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, state-wide proposed question, or state-wide referendum shall electronically sign and file with the commission the required campaign contribution disclosure reports; provided, however, that public offices listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 shall be subject to signing and filing requirements as prescribed by paragraph (3) or (4) of this subsection, and recalls for such offices shall be subject to signing and filing requirements the same as required of candidates for such offices as prescribed by paragraph (3) or (4) of this subsection. (B) The chairperson or treasurer of each independent committee shall file the required disclosure reports with the commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state shall register with the commission and file campaign contribution disclosure reports as prescribed by this chapter or, in the case of any proposed question which is to appear on the ballot in a county or municipal election, shall register and file campaign disclosure reports with the same officials as prescribed by paragraph (3) or (4) of this subsection for candidates for county or municipal offices; provided, however, that such reports shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums shall identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report with the commission under subparagraph (A) of this paragraph, such report shall be electronically filed with the commission. Any such report shall be filed 15 days prior to the date of the election; TUESDAY, MARCH 26, 2013 2825 and a final report shall be filed prior to December 31 of the election year. (3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required disclosure reports with the election superintendent in the county of election. Upon receipt of any such report, the election superintendent shall cause such report to be available for inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each such report to the commission, electronically or by mail, not later than 30 days after the end of the grace period. No fine, fee, or sanction, including but not limited to identifying a candidate as having filed late or failed to file, shall be imposed by the commission on a candidate for the failure of the election superintendent to timely transmit a copy of such report. (4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required disclosure reports with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality; provided, however, that a municipality and a county may enter into an agreement whereby such candidates, chairpersons, or treasurers shall file the required disclosure reports with the county election superintendent instead. Upon receipt of any such report, the municipal clerk, chief executive officer of the municipality, or county election superintendent, as applicable, shall cause such report to be available for inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The municipal clerk, chief executive officer of the municipality, or county election superintendent, as applicable, shall transmit a copy of each such report to the commission, electronically or by mail, not later than 30 days after the end of the grace period. No fine, fee, or sanction, including but not limited to identifying a candidate as having filed late or failed to file, shall be imposed by the commission on a candidate for the failure of the municipal clerk, chief executive officer of the county, or county election superintendent to timely transmit a copy of such report. (b)(1) All reports shall list the following: (A) As to any contribution of more than $100.00, its amount and date of receipt, the election for which the contribution has been accepted and allocated, along with the name and mailing address of the contributor, and, if the contributor is an individual, that individual's occupation and the name of his or her employer. Such contributions shall include, but shall not be limited to, the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund-raising events coordinated for the purpose of raising campaign contributions for the reporting person; (B) As to any expenditure of more than $100.00, its amount and date of expenditure, the name and mailing address of the recipient receiving the expenditure, and, if that recipient is an individual, that individual's occupation and the name of his or her employer and the general purpose of the expenditure; 2826 JOURNAL OF THE SENATE (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures shall be reported for an election cycle as follows: (i) The first report of an election cycle shall list the cash on hand brought forward from the previous election cycle, if any, and the total contributions received during the period covered by the report; (ii) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the election cycle; (iii) The first report of an election cycle shall list the total expenditures made during the period covered by the report; (iv) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the election cycle, and net balance on hand; and (v) If a public officer seeks reelection to the same public office, or if the public officer is a member of the General Assembly seeking reelection in another district as a result of redistricting, the net balance on hand at the end of the current election cycle shall be carried forward to the first report of the applicable new election cycle; (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of more than $100.00; (F) Any investment made with funds of a campaign committee, independent committee, or political action committee and held outside such committee's official depository account during each reporting period for which an investment exists or a transaction applying to an identifiable investment is made. The report shall identify the name of the entity or person with whom such investment was made, the initial and any subsequent amount of such investment if such investment was made during the reporting period, and any profit or loss from the sale of such investment occurred during such reporting period; and (G) Total debt owed on the last day of the reporting period. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $100.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively equal or exceed $100.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a TUESDAY, MARCH 26, 2013 2827 declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on January 31 and June 30 and December 31; (2) In each election year: (A) On March 31 January 31, June 30, September 30, and October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any election for which the candidate is qualified and the date of such election, all contributions of $1,000.00 or more shall be reported within two business days of receipt to the commission and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is a candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within two business days. Reports required to be filed within two business days of a contribution shall be reported by facsimile or electronic transmission to the commission. Any facsimile filing shall also have an identical electronic filing within five business days following the transmission of such facsimile filing. Each report required in the election year shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of more than $100.00, such candidate shall only be required to make the initial and final report as required under this chapter. (d.1)(1) In the event a candidate for nomination or election to a public office listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of a campaign committee organized to bring about the nomination or election of such candidate signs and files with the appropriate official specified by paragraph (3) or (4) of subsection (a) of this Code section a written notice on the date of such candidate's qualifying that such candidate or campaign committee does not intend to accept during the calendar year of such qualifying a combined total of contributions exceeding $2,500.00 for the campaign nor make a combined total of expenditures exceeding $2,500.00 for the campaign in such calendar year, then such candidate or campaign committee shall not be required to file a report under this Code 2828 JOURNAL OF THE SENATE section. The appropriate official shall transmit an electronic copy of the written notice to the commission not later than ten days after the close of qualifying. (2) If such candidate or campaign committee exceeds the $2,500.00 limit for either accepting contributions or making expenditures for such campaign during the calendar year of such qualifying as specified in paragraph (1) of this subsection but does not accept a combined total of contributions exceeding $5,000.00 in such calendar year nor makes expenditures exceeding $5,000.00 in such calendar year, then such candidate or campaign committee shall be required to file only the June 30 and October 25 reports required by paragraph (2) of subsection (c) of this Code section. The first such report shall include all contributions received and expenditures made beginning January 1 of such calendar year. (3) If such candidate or campaign committee accepts a combined total of contributions exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign during the calendar year of qualifying, then such candidate or campaign committee chairperson or treasurer shall thereupon be subject to the reporting requirements of this Code section the same as if the written notice authorized by this subsection had not been filed on the date of qualifying. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports with the commission at the same times as required of the candidates they are supporting. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates' campaign committees in one calendar year; (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $25,000.00 or less in one calendar year; and (3) Contributors who make contributions to only one candidate during one calendar year. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall register with the commission prior to accepting contributions or making expenditures and shall file disclosure reports with the commission as follows: (A) On the first day of each of the two calendar months preceding any such election; (B) Two weeks prior to the date of such election; and (C) Within the two-week period prior to the date of such election the independent committee shall report within two business days any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the TUESDAY, MARCH 26, 2013 2829 election year and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of more than $100.00; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of more than $100.00 is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows: (i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of more than $100.00. (3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; and (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the commission 75, 45, and 15 days prior to the date of the 2830 JOURNAL OF THE SENATE election and shall file a final report prior to December 31 of the election year. (i)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the election cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied. (j) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section. (k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00 shall be imposed by the person or entity with which filing is required for each report that is filed late, and notice of such late fee shall be sent to the candidate and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and in the same manner by which the penalized report was filed with the commission. However, if the report in question was not filed or was filed with the commission in a manner other than electronic filing or certified mail, return receipt requested, the commission shall utilize certified mail, return receipt requested, to notify the candidate and the candidate's committee of the late fee due. The notice shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed by such date; provided, however, that a 15 day extension period shall be granted on the final report. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if such report has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means does not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph. TUESDAY, MARCH 26, 2013 2831 (2) The commission shall retain $25.00 of the first late fee received by the commission for processing pursuant to the provisions of Code Section 45-12-92.1. (l) It shall be the duty of the commission or other official when it receives for filing any disclosure report or statement or other document that may be filed by mail to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due. (m) Except when electronic filing is required, the mailing of such reports by United States mail with adequate postage affixed within the required filing time as determined by the official United States postage date cancellation shall be prima-facie evidence of filing. Any person or entity which is required to be registered with the commission under this Code section shall file a termination statement together with its final campaign contribution disclosure report as required by this Code section within ten days of the dissolution of a campaign or committee. The termination statement shall identify the person responsible for maintaining campaign records as required by this chapter. (n) The Neither the commission nor any other official shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section." SECTION 4. Said chapter is further amended by revising Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports, as follows: "21-5-34.1. (a) Candidates, candidate committees, and public officers who are required to file campaign contribution disclosure reports with the commission shall use electronic means to file such reports with the commission using means prescribed by the commission to file such reports. (b) The electronic filing of any campaign disclosure report required under this article shall constitute an affirmation that such report is true, complete, and correct. (c) Candidates seeking election to county or municipal offices may use electronic means to file their campaign contribution disclosure reports with the commission if such method is made available or may file by certified mail or statutory overnight delivery. (d) Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports if such method is made available. with the commission upon having raised or spent $5,000.00 in a calendar year, and no paper copy of the report shall be filed. Under that threshold, electronic filing is permitted and encouraged but not required. (e) The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct." 2832 JOURNAL OF THE SENATE SECTION 5. Said chapter is further amended by revising Code Section 21-5-35, relating to acceptance of contributions or pledges during legislative sessions, as follows: "21-5-35. (a)(1) No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall seek or accept a contribution or a pledge of a contribution to the member, the member's campaign committee, or public officer elected state wide, or campaign committee of such public officer during a legislative session. (2) A candidate for election to the General Assembly or to a public office elected state wide who has filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall not seek or accept a contribution or a pledge of a contribution during a legislative session, nor shall the campaign committee of such a candidate who has filed such a declaration of intention seek or accept a contribution or a pledge of a contribution during a legislative session. (b) Subsection (a) of this Code section shall not apply to: (1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donor's agent; (2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session; (3) The receipt of a contribution by a political party consisting of the proceeds from a dinner, luncheon, rally, or similar fundraising event in which a member of the General Assembly or a public officer elected state wide participates; or (4) A judicial officer elected state wide, a candidate for a judicial office elected state wide, or a campaign committee of such judicial officer or candidate." SECTION 6. Said chapter is further amended by revising Code Section 21-5-50, relating to financial disclosure statement filings by public officers, filings by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission, as follows: "21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (D), (F), and (G) of paragraph (22) of Code Section 21-53, shall file with the commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than an election year a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (D), (F), and (G) of paragraph (22) of Code Section 21-5-3, shall file with the commission, no later than the fifteenth day following the date of qualifying as a TUESDAY, MARCH 26, 2013 2833 candidate, a financial disclosure statement for the preceding calendar year. (2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file a financial disclosure statement pursuant to this Code section. Each such public officer shall, however, be deemed to be a public official for purposes of Code Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code Section 45-10-26. In addition, each such public officer shall file with the commission, prior to January 31 each year, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. (3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, who serves as a member of the commission shall be subject to the requirements for filing financial disclosure statements set forth in paragraph (1) of this subsection. In addition, each such public officer shall file with the commission, together with the financial disclosure statement, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. (3.1) A public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, shall make filings of the same kind and in the same manner as provided in paragraph (1) of this subsection for other public officers except that filings under this paragraph shall be made with the election superintendent of the county in the case of public officers as defined in said subparagraph (F) and shall be made with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality in the case of public officers as defined in said subparagraph (G). The election superintendent, municipal clerk, or chief executive officer, as applicable, shall transmit, electronically or by mail, a copy of each such report to the commission not later than 30 days after the close of the reporting period. No fine, fee, or sanction, including but not limited to identifying a public officer as having filed late or failed to file, shall be imposed by the commission on the public officer for the failure of the election superintendent, municipal clerk, or chief executive officer to timely transmit a copy of such report. (4) Each member of the State Transportation Board shall file a financial disclosure statement for the preceding calendar year no later than the sixtieth day following such member's election to the State Transportation Board. Thereafter, each board member shall file by January 31 of each year a financial disclosure statement for the preceding year. In addition, each board member shall file with the commission, prior to January 31 of each year, an affidavit confirming that such board member took no official action in the previous calendar year that had a material effect on such board member's private financial or business interests. (5) The commission or the applicable official under paragraph (3.1) of this subsection shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (6) A public officer shall not, however, be required to file such a financial disclosure 2834 JOURNAL OF THE SENATE statement for the preceding calendar year in an election year if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this paragraph, a public officer shall not be deemed to hold office in a year in which the public officer holds office for fewer than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium which is accepted by a filer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the filer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted; (2) All fiduciary positions held by the candidate for public office or the filer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address, and principal activity of any business entity or investment, exclusive of the names of individual stocks and bonds in mutual funds, and the office held by and the duties of the candidate for public office or filer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which: (A) Is more than 5 percent of the total interests in such business; or (B) Has a net fair market value of $5,000.00 or more; (4)(A) Each tract of real property in which the candidate for public office or filer has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value of $5,000.00 or more. As used in this paragraph, the term 'fair market' value means the appraised value of the property for ad valorem tax purposes. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $5,000.00 and $100,000.00; (ii) $100,000.01 and $200,000.00; or (iii) more than $200,000.00. (B) Each tract of real property in which the candidate for public office's spouse or filer's spouse has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value of $5,000.00 or more. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $5,000.00 and $100,000.00; (ii) $100,000.01 to $200,000.00; (iii) or more than $200,000.00; (5) The filer's occupation, employer, and the principal activity and address of such employer; (6) The filer's spouse's name, occupation, employer, and the principal activity and address of such employer; (7) If the filer has actual knowledge of such ownership interest, the name of any business or subsidiary thereof or investment, exclusive of the individual stocks, bonds, or mutual funds, as of December 31 of the covered year in which the filer's spouse or dependent children, jointly or severally, own a direct ownership interest TUESDAY, MARCH 26, 2013 2835 which: (A) Is more than 5 percent of the total interests in such business or investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00 or in which the filer's spouse or any dependent child serves as an officer, director, equitable partner, or trustee; and (8) All annual payments in excess of $10,000.00 received by the filer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself or herself) shall file with the commission, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his or her notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years: (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any 2836 JOURNAL OF THE SENATE other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4) As used in this subsection, the term: (A) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (B) 'Financial statement' means a statement of a candidate's financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (C) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying. (d) All state-wide elected officials and members of the General Assembly shall file financial disclosure statements electronically with the commission. Local officials referred to in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 may file electronically if such method is made available or may file by certified mail or statutory overnight delivery. Except when electronic filing is required, the mailing of the notarized financial disclosure statement by United States mail with adequate postage affixed within the required filing time as determined by the official United States postage date cancellation shall be prima-facie evidence of filing. (e) The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct. (f)(1) In addition to other penalties provided in this chapter, a late fee of $125.00 shall be imposed by the person or entity with which filing is required for each financial disclosure statement that is filed late, and notice of such late fee shall be sent to the board member, candidate, and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and in the same manner by which the penalized report was filed with the commission. However, if the report in question was not filed or was filed with the commission in a manner other than electronic filing or certified mail, return receipt requested, the commission shall use certified mail, return receipt requested, to notify the candidate and the candidate's committee of the late fee due. The notice shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date TUESDAY, MARCH 26, 2013 2837 for such statement if such statement has not been filed. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such statement if the statement has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means shall not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph. (2) The commission shall retain $25.00 of the first late fee received by the commission for processing pursuant to the provisions of Code Section 45-12-92.1. (g) Neither the The commission nor any other official shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section." SECTION 7. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Harbison Y Harper Y Heath Y Henson Y Hill, H N Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon C Loudermilk Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims C Staton Y Stone Y Tate E Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman 2838 JOURNAL OF THE SENATE C Ginn Y Golden Y Gooch N Lucas Y McKoon Y Millar Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 2. HB 143, 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 Judiciary Non-Civil Reapportionment and Redistricting Urban Affairs DEMOCRATIC WHIP The State Senate Atlanta, Georgia 30334 March 26, 2013 Mr. Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Mr. Ewing: It was my intention to vote yes for House Bill 143. Please record this in the journal. Sincerely, /s/ Vincent D. Fort 39th Senatorial District Senator Shafer of the 48th was excused as a Conferee. TUESDAY, MARCH 26, 2013 2839 HB 407. By Representatives Powell of the 32nd, Hitchens of the 161st, Atwood of the 179th, Rice of the 95th and Taylor of the 173rd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; to provide for related matters; to provide for an effective date and applicability; 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 407: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 40 and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses and ignition interlock devices as a condition of probation, respectively, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, is amended by revising paragraph (2) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions to return the driver's license, as follows: "(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the department for reinstatement of said such driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of 2840 JOURNAL OF THE SENATE completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-554, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction 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 Alcohol or Drug Use Risk Reduction Program, provides proof of installation and maintenance of an ignition interlock device for a period of six months one year coinciding with the issuance of an ignition interlock device limited driving permit as provided in Code Section 40-5-64 unless waived due to financial hardship, and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or" SECTION 2. Said article is further amended by revising paragraph (2) of subsection (a) and paragraph (2) of subsection (e) of Code Section 40-5-64, relating to limited driving permits for certain offenders, as follows: "(2) Any person whose driver's license has been suspended 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 an ignition interlock limited driving permit after serving at least 120 days of the suspension required for such conviction and providing either 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 by submitting proof of enrollment in clinical treatment as provided in Code Section 40-5-63.1. No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 shall be eligible for a limited driving permit or any other driving privilege for a period of one year." "(2) An ignition interlock device limited driving permit shall be valid for a period of eight months one year. Upon successful completion of eight months one year of monitoring of such ignition interlock device, the restriction for maintaining and using TUESDAY, MARCH 26, 2013 2841 such ignition interlock device shall be removed, and the permit may be renewed for additional periods of six two months as provided in paragraph (1) of this subsection." SECTION 3. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, is amended by revising subsections (a) and (b) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, notice to the Department of Public Safety, and fees for driver's license indicating device required, as follows: "(a) 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 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 for a period of not less than eight months one year a functioning, certified ignition interlock device; (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person for a period of not less than eight months one year a functioning, certified ignition interlock device, and such person shall not drive any motor vehicle whatsoever that is not so equipped during such period. Upon successful completion of eight months one year 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 two 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) 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. If a court grants an exemption from the ignition interlock device requirements, such person shall not be eligible for a limited driving permit or any other driving privilege for a period of one year." 2842 JOURNAL OF THE SENATE SECTION 4. Said article is further amended by revising subsection (b) and paragraphs (1) and (3) of subsection (d) of Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary license and reporting requirement, as follows: "(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. (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: (A) That the person to whom such probationary 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) 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 one year. (B) Upon the expiration of such eight-month one-year 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 TUESDAY, MARCH 26, 2013 2843 without such ignition interlock device restriction." "(d)(1) If a person required to report to an ignition interlock provider as required by subsection (c) of this Code section fails to report to the provider as required or receives an unsatisfactory report from the provider at any time during the six-month one-year period, the Department of Driver Services shall revoke such person's ignition interlock device limited driving permit immediately upon notification from the provider of the failure to report or failure to receive a satisfactory report. Except as provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Driver Services shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded." "(3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below in this paragraph, the Department of Driver Services shall issue a new ignition interlock device limited driving permit that shall be valid for a period of six months one year to such person. Such reasons shall be for providential cause and shall include, but not be limited to, the following: (A) Medical necessity, as evidenced by a written statement from a medical doctor; (B) The person was incarcerated; (C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or (D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure." SECTION 5. This Act shall become effective on July 1, 2013, and shall apply to offenses committed on or after such date. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy 2844 JOURNAL OF THE SENATE Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort C Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay C Shafer Y Sims C Staton Y Stone 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. HB 407, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th was excused for business outside the Senate Chamber. HB 207. By Representatives Shaw of the 176th, Roberts of the 155th, Tankersley of the 160th, Williams of the 168th, Nimmer of the 178th 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 licenses, permits, and stamps for hunting, trapping, or fishing, so as to provide a definition; to authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits for wildlife, so as to provide for an extended turkey season for young and mobility impaired hunters; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harper of the 7th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 207: 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 licenses, permits, and stamps for hunting, trapping, or fishing, so as to TUESDAY, MARCH 26, 2013 2845 authorize a special turkey-hunting season for certain young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to wildlife hunting seasons and bag limits, so as to establish the firearms deer hunting season for certain counties; 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 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps for hunting, trapping, or fishing, is amended by adding a new Code section to read as follows: "27-2-4.4. (a) As used in this Code section, the term 'mobility impaired person' means any person who has been verified by a doctor of medicine currently licensed to practice by the Georgia Composite Medical Board, the State Board of Examiners in Osteopathy, or an equivalent body of another state to have any one of the following permanent conditions: (1) Dependance upon a wheelchair or similar device for ambulation; (2) Hemiplegia; (3) Monoplegia; (4) Paraplegia; or (5) Single-leg amputation above the knee. (b) The board shall promulgate rules and regulations authorizing the hunting of turkeys during an extended open season to: (1) Any person who is 16 years of age or younger; or (2) Any mobility impaired person. (c) Notwithstanding any provisions of Code Section 27-3-15 to the contrary, such extended season shall be for the weekend prior to the first weekend of the open turkey season, as established by the board. (d) Such special authorization shall be subject to all other provisions of this title." SECTION 2. Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to wildlife hunting seasons and bag limits, is amended by revising subsection (b) as follows: "(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species: Game Species Maximum Open Season Maximum Bag Limits Daily Season 2846 JOURNAL OF THE SENATE (1) Quail (2) Grouse (3) Turkey gobblers (4) Deer Nov. 1 -- March 15 Oct. 15 -- Feb. 29 March 15 -- May 21 12 No limit 3 No limit 3 3 Sept. 8 -- Jan. 15; except provided, however, that there may be also an extended archery-only open season Jan. 1 -- Jan. 31 in the counties of Clayton, Cobb, DeKalb, Forsyth, Fulton, Gwinnett, and Rockdale due to the extra need for herd reduction in that urban and suburban area of the state; and provided, further, that the open season for firearms in the counties of Glascock, Jones, and Crawford shall be Oct. 20 -- Jan. 15 The daily limit shall be ten antlerless deer and two antlered bucks. The season limit shall be ten antlerless deer and two antlered bucks. Only one antlered buck may have less than four points one inch or longer on one side of the antlers. (5) Bobcat (6) Opossum (7) Rabbit (8) Raccoon Oct. 15 -- Feb. 29 (A) Oct. 15 -- Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and (B) Jan. 1 -- Dec. 31 for the remainder of the state Nov. 1 -- Feb. 29 (A) Oct. 15 -- Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln Up to two deer per managed hunt may be allowed on wildlife management areas without complying with the state-wide bag limit No limit No limit No limit No limit No limit No limit 12 No limit No limit No limit TUESDAY, MARCH 26, 2013 2847 counties; and (B) Jan. 1 -- Dec. 31 for the remainder of the state (9) Squirrel Aug. 15 -- Feb. 29 (10) Fox Jan. 1 -- Dec. 31 (11) Migratory Sept. 1 -- March 10 game birds (12) Bear Sept. 8 -- Jan. 15 (13) Alligators April 1 -- Oct. 31 No limit No limit 12 No limit No limit No limit Subject to limits set by the federal government and adopted by the board 2 2 Subject to limits adopted by the board" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Jeffares of the 17th and Harper of the 7th offered the following amendment #1: Amend HB 207 (LC 40 0398S) by striking lines 4 through 6 and inserting in lieu thereof the following: Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to allow the taking of foxes and bobcats with certain caliber rifles; to provide for related matters; to repeal conflicting laws; and for other purposes. By striking lines 31-87 and inserting in lieu thereof the following: Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, is amended by revising paragraph (4) as follows: "(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 in addition to the weapons listed in this paragraph, any center-fire firearm of .17 caliber or larger may be used for hunting fox and bobcat. Nothing contained in this paragraph shall permit the taking of protected species;" On the adoption of the amendment, the President asked unanimous consent. Senator Stone of the 23rd objected. 2848 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 14, nays 17, and the Jeffares, Harper 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J E Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort C Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B E Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay C Shafer Sims C Staton Y Stone 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 41, nays 4. HB 207, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 32nd was excused as a Conferee. HB 475. By Representatives Pak of the 108th, Ramsey of the 72nd, Rice of the 95th, Stephens of the 164th, Powell of the 32nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the commissioner of driver services to enter into reciprocal agreements on behalf TUESDAY, MARCH 26, 2013 2849 of Georgia for the recognition of drivers' licenses issued by foreign territories; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. Senators Shafer of the 48th, Bethel of the 54th, McKoon of the 29th and Murphy of the 27th offered the following amendment #1: Amend HB 475 (LC 35 2938) by replacing line 19 with the following: issued by the State of Georgia and the commissioner determines that the laws of such foreign country relating to the operation of motor vehicles are sufficiently similar to such laws of this state such that driving safety shall not be compromised; and provided, further, that no such agreement shall be entered into unless the Department of Economic Development has certified that persons or entities from such country have made or are likely to make a substantial economic investment in this state that has or will lead to the substantial creation of jobs in this state. The provisions of this subsection notwithstanding, the department shall not be authorized to enter into any reciprocal agreement with any foreign country that is designated as a state sponsor of terrorism by the United States Department of State. The exemption provided for in this subsection shall not be 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 30, nays 9, and the Shafer, et al. amendment #1 was adopted. Senators Shafer of the 48th, Bethel of the 54th, McKoon of the 29th and Murphy of the 27th offered the following amendment #2: Amend HB 475 (LC 35 2938) by inserting after the period on line 24 the following: (d) The department shall make a notation on any driver's license, permit, identification card, or other state identifying document issued by the department pursuant to this Code section. The notation shall be in a manner approved by the department and shall state 'Limited Term' or such other notation as determined by the department. Nothing contained in this subsection shall preclude the department from making the same or similar notations on other similarly issued identifying documents. Any driver's license or other identifying document that is so noted shall not be used as voter identification. On the adoption of the amendment, there were no objections, and the Shafer, et al. amendment #2 was adopted. 2850 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour N Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort C Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack C Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B E Jones, E N Ligon C Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims C Staton Y Stone 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 3. HB 475, having received the requisite constitutional majority, was passed as amended. HB 34. By Representatives Parsons of the 44th and Smith of the 134th: 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 McKoon of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, MARCH 26, 2013 2851 On the passage of the bill, a roll call was taken, and the vote was as follows: N Albers N Balfour Y Beach Y Bethel Y Burke Y Butler N Carter, B Y Carter, J E Chance N Cowsert N Crane Y Crosby Y Davenport N Davis Y Dugan N Fort C Ginn Y Golden N Gooch Y Harbison Y Harper N Heath Y Henson N Hill, H Hill, Jack C Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L James N Jeffares Y Jones, B E Jones, E N Ligon C Loudermilk Y Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Ramsey N Seay C Shafer Y Sims C Staton N Stone Y Tate E Thompson, C Y Thompson, S N Tippins Y Tolleson N Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 26, nays 17. HB 34, having failed to receive the requisite constitutional majority, was lost. Senator Hill of the 4th was excused as a Conferee. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Mullis of the 53rd Staton of the 18th Senator McKoon of the 29th gave notice that at the proper time he would move that the Senate reconsider its action on HB 34. The President entertained the motion for reconsideration immediately. Senator McKoon of the 29th moved that the Senate reconsider its action in defeating the following bill. HB 34. By Representatives Parsons of the 44th and Smith of the 134th: 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 2852 JOURNAL OF THE SENATE 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 McKoon of the 29th. On the motion, a roll call was taken, and the vote was as follows: N Albers N Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J E Chance N Cowsert N Crane Y Crosby Y Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H C Hill, Jack Y Hill, Judson E Hufstetler Jackson, B N Jackson, L James N Jeffares Y Jones, B E Jones, E N Ligon C Loudermilk Y Lucas Y McKoon Y Millar N Miller Y Mullis Y Murphy N Orrock Y Ramsey N Seay Y Shafer N Sims Y Staton N Stone N Tate E Thompson, C Y Thompson, S N Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the motion, the yeas were 29, nays 19; the motion prevailed, and HB 34 was reconsidered and placed on the General Calendar. HB 59. By Representatives Taylor of the 79th, Cooke of the 18th and Riley of the 50th: 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 and firefighter resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Millar of the 40th. TUESDAY, MARCH 26, 2013 2853 The report of the committee, which was favorable to the passage 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 N Balfour Y Beach N Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort C Ginn Y Golden N Gooch Y Harbison N Harper N Heath Y Henson Y Hill, H C Hill, Jack C Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares N Jones, B E Jones, E N Ligon C Loudermilk N Lucas N McKoon Y Millar N Miller C Mullis N Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims C Staton Y Stone Y 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 32, nays 14. HB 59, having received the requisite constitutional majority, was passed. At 1:11 p.m. the President announced that the Senate would stand at ease until 2:15 p.m. At 2:15 p.m. the President called the Senate to order. 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 25, 2013 VIA HAND DELIVERY 2854 JOURNAL OF THE SENATE The Honorable Casey Cagle Lieutenant Governor of Georgia 240 State Capitol Atlanta, Georgia 30334 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, /s/ W. Ryan Teague Executive Counsel The Honorable C. Rick Muggridge of Lee County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2011, and ending 7/1/2016. The Honorable Melton Strozier of Monroe County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning 3/27/2012, and ending 3/27/2017. The Honorable Steve Adams of Carroll 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 7/1/2010, and ending 7/1/2014. The Honorable Maureen Olson of Cobb County, as a member of the Office of Disability Services Ombudsman Medical Review Group, for the term of office beginning 3/30/2012, and ending at the pleasure of the Governor. The Honorable Rachel Willis of Fulton County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning 4/1/2012, and ending 4/1/2015. The Honorable Angelynn Holt of Houston County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/1/2011, and ending 7/6/2016. The Honorable Donald Meck of Houston County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning 3/27/2012, and ending 3/27/2017. TUESDAY, MARCH 26, 2013 2855 The Honorable Kris Sperry of Coweta County, as a member of the Office of Disability Services Ombudsman Medical Review Group, for the term of office beginning 4/6/2012, and ending at the pleasure of the Governor. The Honorable Philip Youngblood of Brooks County, as a member of the Veterans Service Board, for the term of office beginning 4/1/2006, and ending 4/1/2013. The Honorable Glenn Morris of Richmond County, as a member of the State Board of Dispensing Opticians, for the term of office beginning 3/16/2009, and ending 3/16/2013. The Honorable David Meldrum of Fulton County, as a member of the State Board of Dispensing Opticians, for the term of office beginning 3/16/2012, and ending 3/16/2016. The Honorable Diane Drake of Butts County, as a member of the State Board of Dispensing Opticians, for the term of office beginning 3/16/2012, and ending 3/16/2016. The Honorable Josh Bonner of Fayette County, as a member of the State Board of Dispensing Opticians, for the term of office beginning 3/16/2010, and ending 3/16/2014. The Honorable Philip Jacobs of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2009, and ending 7/1/2012. The Honorable John Hulsey of Hall County, as a member of the Georgia Agriculture Exposition Authority, for the term of office beginning 6/30/2009, and ending 6/30/2013. The Honorable Dennis Sanders of McDuffie County, as a member of the Board of Trustees of the Judicial Retirement System of Georgia, for the term of office beginning 7/1/2010, and ending 7/1/2014. The Honorable Howard Mazier of Fulton County, as a member of the Office of Disability Services Ombudsman Medical Review Group, for the term of office beginning 4/20/2012, and ending at the pleasure of the Governor. The Honorable Philip Miller of Douglas County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning 8/31/2011, and ending 8/31/2015. The Honorable Judson Smith of Barrow County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning 8/31/2009, and ending 8/31/2013. The Honorable James Cunnigham of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning 6/30/2011, and ending 6/30/2015. 2856 JOURNAL OF THE SENATE The Honorable Gary Weichbrodt of Cobb County, as a member of the Office of Disability Services Ombudsman Medical Review Group, for the term of office beginning 4/27/2012, and ending at the pleasure of the Governor. The Honorable Judson Mitcham, as a member of the Poet Laureate, for the term of office beginning 5/4/2012, and ending concurrent with the Governor's term. The Honorable Brian Perdue of Gwinnett County, as a member of the Board of Cosmetology, for the term of office beginning 5/5/2012, and ending 5/5/2015. The Honorable Daniel Porter of Gwinnett County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2011, and ending 7/6/2016. The Honorable Barry Turner of Franklin County, as a member of the State Board of Podiatry Examiners, for the term of office beginning 5/5/2012, and ending 5/5/2015. The Honorable Kathy Howell of Carroll County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2007, and ending 7/1/2012. The Honorable Janice Gallimore of Greene County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2011, and ending 7/1/2016. The Honorable Dawnn Henderson of Cobb County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2007, and ending 7/1/2012. The Honorable Ben Copeland of Peach County, as a member of the Georgia Seed Development Council, for the term of office beginning 7/1/2010, and ending 7/1/2012. The Honorable Timothy Milligan of Cobb County, as a member of the Board of Trustees of the Georgia Firefighters' Pension Fund, for the term of office beginning 6/30/2008, and ending 6/30/2012. The Honorable Robert Kelley of Gwinnett County, as a member of the Board of Trustees of the Georgia Firefighters' Pension Fund, for the term of office beginning 5/18/2012, and ending at the pleasure of the Governor. The Honorable Mitch Aiken of Hall County, as a member of the Board of Trustees of the Georgia Firefighters' Pension Fund, for the term of office beginning 6/30/2010, and ending 6/30/2014. The Honorable Michael Bennett of Forsyth County, as a member of the Lake Lanier Islands Development Authority, for the term of office beginning 5/15/2012, and ending 5/15/2017. TUESDAY, MARCH 26, 2013 2857 The Honorable Jackie Gibbs of Cobb County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning 1/1/2010, and ending 1/1/2013. The Honorable Brad Ray of Sumter County, as a member of the Child Advocate Advisory Committee, for the term of office beginning 1/31/2011, and ending 1/31/2013. 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 6/1/2012, and ending 6/1/2017. The Honorable Walter "Sonny" Deriso of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The Honorable Narender Reddy of Gwinnett County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The Honorable J.T. Williams of Henry County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The Honorable Kellie Lockwood of Coffee County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning 4/1/2012, and ending 4/1/2015. The Honorable Fredettena Fletcher of Lamar County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning 4/1/2012, and ending 4/1/2015. The Honorable David Dove of Madison County, as a member of the Civil War Commission, for the term of office beginning 6/1/2012, and ending 6/1/2016. The Honorable Kenneth Griffiths of DeKalb County, as a member of the Civil War Commission, for the term of office beginning 6/1/2012, and ending 6/1/2016. The Honorable John Culpepper of Walker County, as a member of the Civil War Commission, for the term of office beginning 6/1/2012, and ending 6/1/2016. The Honorable James Gingrey of Fulton County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2007, and ending 6/30/2012. 2858 JOURNAL OF THE SENATE The Honorable Mary Watkins of Hall County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning 8/20/2007, and ending 8/20/2012. The Honorable Andrew Krantz of Cherokee County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning 8/20/2011, and ending 8/20/2016. The Honorable David Glass of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Steven Wilson of Walker County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Robert Jepson of Chatham County, as a member of the Georgia Ports Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Sylvia Russell of Fulton County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2012, and ending 6/30/2017. The Honorable William Hutson of Cobb County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund, for the term of office beginning 6/30/2012, and ending 6/30/2014. The Honorable Sheila Studdard of Fayette County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning 6/30/2012, and ending 6/30/2015. The Honorable Royce McCrary of Worth County, as a member of the Council on American Indian Concerns, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Jace Weaver of Clarke County, as a member of the Council on American Indian Concerns, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Nealie McCormick of Mitchell County, as a member of the Council on American Indian Concerns, for the term of office beginning 7/1/2012, and ending 7/1/2015. TUESDAY, MARCH 26, 2013 2859 The Honorable Mike Yeager of Coweta County, as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable John Fervier of Gwinnett County, as a member of the Subsequent Injury Trust Fund Commission, for the term of office beginning 7/1/2012, and ending 7/1/2018. The Honorable Charles White of White County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable L.C. "Buster" Evans of Forsyth County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning 6/30/2012, and ending 6/30/2015. The Honorable William Prather of Fannin County, as a member of the State Board of Pharmacy, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Lee Hunter 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 7/1/2012, and ending 7/1/2016. The Honorable Ben Copeland, Jr. of Peach County, as a member of the Georgia Seed Development Commission, for the term of office beginning 7/1/2012, and ending 7/1/2014. The Honorable Kathy Howell of Carroll County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Lee Pickard of Peach County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2010, and ending 7/1/2013. The Honorable Brent Bracewell of Coweta County, as a member of the Board of Public Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Wayne Dasher of Tattnall County, as a member of the Board of Corrections, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Trey Sheppard of Washington County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2012, and ending 6/30/2017. The Honorable Albert Hodge of Floyd County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2012, and ending 7/1/2017. 2860 JOURNAL OF THE SENATE The Honorable Kiera von Besser of Fulton County, as a member of the Board of Community Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Jerome Russell of Fulton County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Daniel DeLoach of Chatham County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable Jane "Cami" McGarity of Hall County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable Jason Buelterman of Chatham County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2008, and ending 7/1/2013. The Honorable Keith Thomas of Rockdale County, as a member of the State Workforce Investment Board, for the term of office beginning 2/20/2012, and ending 2/20/2015. The Honorable James Walters of Hall County, as a member of the Georgia Ports Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Kenneth Cronan of Habersham County, as a member of the Georgia Ports Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Hugh Tarbutton of Washington County, as a member of the Georgia Ports Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Charlotte Nash of Gwinnett County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The Honorable Thomas Worthan of Douglas County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The Honorable Elizabeth "BJ" Mathis of Henry County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The Honorable George Turner of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2012, and ending 7/1/2016. TUESDAY, MARCH 26, 2013 2861 The Honorable Drew Ferguson of Harris County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable Timothy Attaway of Hall County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2011, and ending 7/1/2015. The Honorable Michael Faulk of Putnam County, as a member of the State Board of Pharmacy, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Sandy Adams of Elbert County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Donald Parks of Hall County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable James Defoor of Hall County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Marsha Farrow of Chattooga County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2014. The Honorable Robert Green of Rockdale County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2014. The Honorable Gregory Kirk of Sumter County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2014. The Honorable Louise Hill of Clarke County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2013. The Honorable Fay Loggins of Hall County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2013. The Honorable Amy O'Dell of Fulton County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2013. 2862 JOURNAL OF THE SENATE The Honorable Steve Croy of Bryan County, as a member of the Jekyll Island State Park Authority, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable Timothy Milligan of Cobb County, as a member of the Board of Trustees of the Georgia Firefighters' Pension Fund, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Katie Miller of Fulton County, as a member of the Board of Public Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable K. Dean Burke of Decatur County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2006, and ending 10/6/2012. The Honorable Craig Lesser of Fulton County, as a member of the Georgia Public Telecommunications Board, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Richard Weil of Fulton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable Donna Moses of Carroll County, as a member of the Board of Community Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Richard Jackson of Forsyth County, as a member of the Board of Community Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable John Edwards of Evans County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2008, and ending 7/6/2013. The Honorable Matt Arthur of Rabun County, as a member of the Southern Regional Education Board, for the term of office beginning 6/30/2009, and ending 6/30/2013. The Honorable George "Trey" Powell of Lowndes County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable Ann Jones of Hall County, as a member of the Georgia Agriculture Exposition Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Kathy McCaffrey of Gwinnett County, as a member of the State Board of Cosmetology, for the term of office beginning 5/5/2012, and ending 5/5/2015. TUESDAY, MARCH 26, 2013 2863 The Honorable L. Dan Davis of Fayette County, as a member of the State Board of Professional Engineers and Land Surveyors, for the term of office beginning 6/1/2012, and ending 6/1/2017. The Honorable Eirca Ann Chatelain of Bibb County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Amy Gatch of Cobb County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Miranda Pritcher-Ross of Columbia County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Holly Kaplan of Clarke County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Jason Murphy of Thomas County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Phil Jacobs of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Pamela Walker of Carroll County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Sheryl Stalvey of Colquitt County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Kamila Luigs of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Scott Justus of Hall County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Norma Banks of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning 7/1/2012, and ending 7/1/2015. 2864 JOURNAL OF THE SENATE The Honorable Foster Rhodes of Houston County, as a member of the Georgia Agriculture Exposition Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Richard Royal of Mitchell County, as a member of the Jekyll Island State Park Authority, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable Ralph Jackson of Lee County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Spurgeon Ambrose of Dooley County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2012, and ending 7/6/2016. The Honorable Donald Cote of Gwinnett County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Kaydn Williams of Fulton County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Cynthia Stein of Cobb County, as a member of the State Board of Cosmetology, for the term of office beginning 5/1/2012, and ending 5/1/2015. The Honorable Delos Yancey of Floyd 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 7/1/2012, and ending 7/1/2016. The Honorable William Russell of Gwinnett County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning 7/1/2012, and ending 7/1/2016. The Honorable Richard Tucker of Gwinnett County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2012, and ending 1/1/2019. The Honorable Adam Kennedy of Evans County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2012, and ending 7/6/2017. The Honorable James Bulot of Gwinnett County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2011, and ending 4/30/2014. TUESDAY, MARCH 26, 2013 2865 The Honorable Shelly Simmons of Cobb County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The Honorable Scott Osborne of DeKalb County, as a member of the Statewide Independent Living Council, for the term of office beginning 6/30/2012, and ending 6/30/2015. The Honorable Peggy Venable of Grady County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The Honorable Robbie Breshears of Richmond County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The Honorable Joy Norman of Muscogee County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The Honorable Robert McGarry of Hall County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The Honorable Cecilia James of Gwinnett County, as a member of the Statewide Independent Living Council, for the term of office beginning 6/30/2012, and ending 6/30/2015. The Honorable Ronald Pounds of Gwinnett County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2011, and ending 4/30/2014. The Honorable Andreena Patton of Bibb County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The Honorable Amy Nimmer of Pierce County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning 4/1/2012, and ending 4/1/2015. The Honorable Judy Scherer of Liberty County, as a member of the Military Interstate Children's Compact Commission, for the term of office beginning 10/5/2012, and ending at the pleasure of the Governor. 2866 JOURNAL OF THE SENATE The Honorable Russell Carlson of Fulton County, as a member of the Military Interstate Children's Compact Commission, for the term of office beginning 10/5/2012, and ending at the pleasure of the Governor. The Honorable David Bockel of Cobb County, as a member of the Military Interstate Children's Compact Commission, for the term of office beginning 10/5/2012, and ending at the pleasure of the Governor. The Honorable Cynthia Mercer of Clarke County, as a member of the Board of Public Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Kimberly Ryan of Gwinnett County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Jason Winters of Chattooga County, as a member of the Rural Development Council, for the term of office beginning 8/4/2012, and ending 8/4/2014. The Honorable Tammy Burdeaux of Richmond County, as a member of the Georgia Board of Nursing, for the term of office beginning 9/23/2012, and ending 9/23/2015. The Honorable William Nelson III of Union County, as a member of the Tennessee Valley Authority Regional Stewardship Council, for the term of office beginning 2/2/2011, and ending 2/2/2013. The Honorable William Sloan of Hall County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning 6/30/2011, and ending 6/30/2014. The Honorable K. Dean Burke of Decatur County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2012, and ending 10/6/2018. The Honorable Shanti Aaron of Fulton County, as a member of the State Independent Living Council, for the term of office beginning 6/30/2012, and ending 6/30/2015. The Honorable Mark Schrieber of Chatham County, as a member of the State Independent Living Council, for the term of office beginning 6/30/2012, and ending 6/30/2015. The Honorable Mary Louise Austin of Fulton County, as a member of the State Board of Occupational Therapists, for the term of office beginning 6/30/2012, and ending 6/30/2016. TUESDAY, MARCH 26, 2013 2867 The Honorable Betty Lindsey of Tift County, as a member of the State Board of Optometry, for the term of office beginning 7/1/2012, and ending 7/1/2015. The Honorable Robert McCullough of Fayette County, as a member of the State Board of Optometry, for the term of office beginning 9/6/2012, and ending 9/6/2015. The Honorable Whit Lord of Bulloch County, as a member of the State Board of Optometry, for the term of office beginning 9/6/2012, and ending 9/6/2015. The Honorable Elizabeth Gobeil of Fulton County, as a member of the State Board of Workers' Compensation, for the term of office beginning 1/12/2012, and ending 1/12/2016. The Honorable Christopher Jones of Monroe County, as a member of the State Board of Pharmacy, for the term of office beginning 11/1/2012, and ending 11/1/2017. The Honorable Danny Bowman of Forsyth County, as a member of the Board of Public Safety, for the term of office beginning 1/20/2011, and ending 1/20/2014. The Honorable Melissa Carter of DeKalb County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Rachel Lazarus of DeKalb County, as a member of the State Commission on Family Violence, for the term of office beginning 11/2/2012, and ending 11/2/2014. The Honorable Michael Kraft of Oconee County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Terry Barnard of Liberty County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Holly Comer of Cobb County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Robert McBurney of Fulton County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Asha Jackson of Fulton County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Valerie Williams of Glynn County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. 2868 JOURNAL OF THE SENATE The Honorable Elaine Wilson of Colquitt County, as a member of the State Commission on Family Violence, for the term of office beginning 7/1/2012, and ending 7/1/2014. The Honorable Suzanne Dow of Habersham County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Michelle Girtman of Jeff Davis County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable John Flythe of Richmond County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Steven Teske of Clayton County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Stephen Kelley of Glynn County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. 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 7/1/2012, and ending 7/1/2015. The Honorable Richard Currie of Ware County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Laura Morgan of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The Honorable Phil Tomlinson of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The Honorable Don Leebern III of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The Honorable Jim Hull of Richmond County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. TUESDAY, MARCH 26, 2013 2869 The Honorable Paul Bowers of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The Honorable James Gingrey of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The Honorable Ben Tarbutton III of Washington County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The Honorable Stacy Jarrard of Lumpkin County, as a member of the Board of Corrections, for the term of office beginning 7/1/2008, and ending 7/1/2013. The Honorable Daniel White of DeKalb County, as a member of the FDR Warms Springs Advisory Committee, for the term of office beginning 12/31/2010, and ending 12/31/2017. The Honorable John "Rick" Phillips of Stephens County, as a member of the Rural Development Council, for the term of office beginning 8/4/2012, and ending 8/4/2014. The Honorable Susan Ridley of Fulton County, as a member of the State Employee Benefit Plan Council, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The Honorable Teresa MacCartney of Fulton County, as a member of the State Employee Benefit Plan Council, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The Honorable Jim Beard of Fulton County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The Honorable Charlie Walters of Gwinnett County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The Honorable Greg Whitaker of Douglas County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. 2870 JOURNAL OF THE SENATE The Honorable Charley English of Fulton County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The Honorable Chuck Eaton of Fulton County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The Honorable Teresa Tomlinson of Muscogee County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The Honorable Terry England of Barrow County, as a member of the Southern Regional Education Board, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Thomas Coleman of DeKalb County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2011, and ending 7/6/2016. The Honorable Henry Bohn of Cobb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning 9/16/2012, and ending 9/16/2017. The Honorable Elaine Sexton of Hall County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 12/7/2012, and ending at the pleasure of the Governor. The Honorable Keith Wright of Wayne County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 12/7/2012, and ending at the pleasure of the Governor. The Honorable Phil Carlock of Fulton County, as a member of the State Properties Commission, for the term of office beginning 4/1/2011, and ending 4/1/2013. The Honorable Tim Lee of Cobb County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 12/14/2012, and ending at the pleasure of the Governor. The Honorable Lisa Hedenstrom of Fayette County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning 7/1/2010, and ending 7/1/2013. The Honorable Amelia "Mimi" Collins of Hall County, as a member of the Board of Community Health, for the term of office beginning 7/1/2010, and ending 7/1/2013. TUESDAY, MARCH 26, 2013 2871 The Honorable Al Trujillo of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2011, and ending 12/15/2014. The Honorable Bert Yeargen of Wayne County, as a member of the Board of Dentistry, for the term of office beginning 8/1/2012, and ending 8/1/2017. The Honorable James Fortenberry of DeKalb County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Randy Daniel of Rockdale County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Harry Strothers III of Cobb County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Al Ertel of DeKalb County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable J. Myron Faircloth of Lowndes County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Stephen Gray of Habersham County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Frederick Hooper of Habersham County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Steven Wilson of Lowndes County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Ronald Garrard of Gwinnett County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2012, and ending 7/1/2017. 2872 JOURNAL OF THE SENATE The Honorable Joe Yarbrough of Whitfield County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2012, and ending 6/30/2017. The Honorable William "Dink" NeSmith of Clarke County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2006, and ending 1/1/2013. The Honorable Larry Ellis of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2010, and ending 1/1/2017. The Honorable Rutledge Griffin of Lowndes County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2011, and ending 1/1/2018. The Honorable Philip Wilheit of Hall County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2008, and ending 1/1/2015. The Honorable Benjamin Tarbutton of Washington County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable Neil Pruitt of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2010, and ending 1/1/2017. The Honorable Lori Durden of Bulloch County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable Scott Smith of Catoosa County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable Rogers Wade of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable George Hooks of Sumter County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2009, and ending 1/1/2016. TUESDAY, MARCH 26, 2013 2873 The Honorable Scott Johnson of Cobb County, as a member of the State Board of Education, for the term of office beginning 1/1/2011, and ending 1/1/2018. The Honorable Larry Winter of Whitfield County, as a member of the State Board of Education, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable Mark Glass of Mitchell County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2010, and ending 7/1/2015. The Honorable Philip Tomlinson of Muskogee County, as a member of the Board of Economic Development, for the term of office beginning 1/1/2013, and ending 1/1/2018. The Honorable Randall Pugh of Jackson County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2008, and ending 7/1/2013. The Honorable Paul Bowers of Fulton County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2010, and ending 7/1/2015. The Honorable Wayne Christian of Laurens County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2010, and ending 7/1/2015. The Honorable Robert Kinard of Whitfield County, as a member of the Board of Economic Development, for the term of office beginning 1/1/2013, and ending 1/1/2018. The Honorable Kent Fountain of Wayne County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2010, and ending 7/1/2015. The Honorable Paul Wood of DeKalb County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Charles Tarbutton of Washington County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Larry Hutcheson of Haralson County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2008, and ending 7/1/2013. The Honorable John Neely of Chatham County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2011, and ending 7/1/2016. The Honorable Mark Smith of Chatham County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2013, and ending 1/1/2020. 2874 JOURNAL OF THE SENATE The Honorable Jeff "Bodine" Sinyard of Dougherty County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The Honorable Dwight Davis of DeKalb County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The Honorable Ray Lambert, Jr. of Henry County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2007, and ending 1/1/2014. The Honorable Duncan Johnson of Richmond County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The Honorable Delos Yancey of Floyd County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable Philip Watt of Thomas County, as a member of the Board of Natural Resources, for the term of office beginning 3/16/2011, and ending 3/16/2018. The Honorable Philip Wilheit, Jr. of DeKalb County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The Honorable Nancy Addison of Chatham County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2011, and ending 1/1/2018. The Honorable Frank Turner, Jr. of Newton County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2008, and ending 7/1/2013. The Honorable H. Clifford Sheppard of Washington County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2010, and ending 7/1/2015. The Honorable William Dewrell of Cherokee County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable James "Trey" Allen of Columbia County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Bebe Heiskell of Walker County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2008, and ending 7/1/2013. The Honorable James "Billy" Croker of Polk County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2011, and ending 7/1/2018. TUESDAY, MARCH 26, 2013 2875 The Honorable Carl Franklin of DeKalb County, as a member of the Board of Corrections, for the term of office beginning 7/1/2008, and ending 7/1/2013. The Honorable Roger Garrison of Cherokee County, as a member of the Board of Corrections, for the term of office beginning 7/1/2013, and ending 7/1/2018. The Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections, for the term of office beginning 7/1/2010, and ending 7/1/2015. The Honorable John Mayes of Floyd County, as a member of the Board of Corrections, for the term of office beginning 7/1/2012, and ending 7/1/2017. The Honorable Carl Cansino of Baldwin County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2011, and ending 7/1/2014. The Honorable Cecil Bonner of Cherokee County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2010, and ending 7/1/2013. The Honorable David Addleton of Bibb County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2010, and ending 7/1/2013. The Honorable Elaine Snow of Floyd County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2011, and ending 7/6/2016. The Honorable Spurgeon Ambrose of Dooly County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2009, and ending 7/6/2014. The Honorable Kay Ford of Chatham County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2011, and ending 7/1/2016. The Honorable Judy Neal of Henry County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2011, and ending 7/1/2016. The Honorable Mary Flanders of Chatham County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2010, and ending 6/30/2015. The Honorable James Gingrey of Fulton County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2012, and ending 6/30/2017. The Honorable Ben Copeland, Sr. of Lanier County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2010, and ending 6/30/2015. 2876 JOURNAL OF THE SENATE The Honorable Ben Tarbutton, Jr. of Washington County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2008, and ending 6/30/2013. The Honorable John Bullock of Fulton County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2008, and ending 6/30/2013. The Honorable Otis Raybon of Floyd County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2008, and ending 6/30/2013. The Honorable Doug Carter of Hall County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2008, and ending 6/30/2013. The Honorable Don Howard of Cherokee County, as a member of the Board of Commissioners of the Student Finance Commission, for the term of office beginning 3/15/2007, and ending 3/15/2013. The Honorable Brian Daniel of Hall 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 7/1/2012, and ending 7/1/2016. The Honorable Rayna Casey of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2012, and ending 12/15/2017. The Honorable Ted Jackson of Fulton County, as a member of the Board of Commissioners of the Sheriff's Retirement Fund of Georgia, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Frank Andrews of Rabun County, as a member of the Board of Commissioners of the Sheriff's Retirement Fund of Georgia, for the term of office beginning 6/30/2012, and ending 6/30/2016. The Honorable Scott Berry of Oconee County, as a member of the Board of Commissioners of the Sheriff's Retirement Fund of Georgia, for the term of office beginning 6/30/2010, and ending 6/30/2014. The Honorable Jeff Wigington of Rockdale County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2011, and ending 7/1/2015. TUESDAY, MARCH 26, 2013 2877 The Honorable Janis Mangum of Jackson County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2009, and ending 7/1/2013. The Honorable Tracy Gay of Laurens County, as a member of the Board of Dentistry, for the term of office beginning 1/4/2013, and ending 1/4/2018. The Honorable Amy Hooper of Walton County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning 4/1/2012, and ending 4/1/2015. The Honorable Chris Clark of Fayette County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2010, and ending 6/30/2015. The Honorable William Bornstein of Fulton County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Anthony Waters of Bulloch County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2010, and ending 7/1/2013. The Honorable Paul Shailendra of Fulton County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2011, and ending 1/1/2018. The Honorable Teresa MacCartney of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2012, and ending 12/15/2017. The Honorable Moses Ector of DeKalb County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning 11/6/2010, and ending 11/6/2014. The Honorable Stephan Holcomb of Houston County, as a member of the Georgia Board of Dentistry, for the term of office beginning 1/4/2013, and ending 1/4/2018. The Honorable Clint Bearden of Dawson County, as a member of the Lake Lanier Islands Development Authority, for the term of office beginning 5/15/2011, and ending 5/15/2016. The Honorable J. Irene Pennington of Chatham County, as a member of the Board of Public Safety, for the term of office beginning 1/20/2013, and ending 1/20/2016. 2878 JOURNAL OF THE SENATE The Honorable Joseph Terrell of Habersham County, as a member of the Board of Public Safety, for the term of office beginning 1/20/2011, and ending 1/20/2014. The Honorable Josh Bonner of Fayette County, as a member of the Georgia Real Estate Commission, for the term of office beginning 1/25/2013, and ending 1/25/2018. The Honorable Jeff "Bodine" Sinyard of Dougherty County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 2/1/2013, and ending at the pleasure of the Governor. The Honorable Thomas "Mike" Phelps of Gwinnett County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable Jackie Gibbs of Cobb County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning 1/1/2013, and ending 1/1/2016. The Honorable William Doverspike of DeKalb County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning 1/7/2013, and ending 1/7/2018. The Honorable Robert Cowles of Greene County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 2/1/2013, and ending at the pleasure of the Governor. The Honorable Gilbert Barrett of Habersham County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2008, and ending 7/1/2013. The Honorable Trip Addison of Fulton County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Dwight Davis of DeKalb County, as a member of the North Georgia Mountians Authority, for the term of office beginning 2/1/2013, and ending 2/1/2017. The Honorable Delos Yancey of Floyd County, as a member of the North Georgia Mountians Authority, for the term of office beginning 2/1/2013, and ending 2/1/2017. The Honorable Nancy Addison of Chatham County, as a member of the North Georgia Mountians Authority, for the term of office beginning 2/1/2013, and ending 2/1/2017. The Honorable William Bagwell of Hall County, as a member of the North Georgia Mountians Authority, for the term of office beginning 2/1/2013, and ending 2/1/2017. TUESDAY, MARCH 26, 2013 2879 The Honorable Lisa Kinnemore of DeKalb County, as a member of the State Board of Education, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable Sandra Reed of Thomas County, as a member of the State Board of Education, for the term of office beginning 1/1/2013, and ending 1/1/2020. The Honorable Robert Leebern of Fulton County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The Honorable Krishna Mohan of Clayton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2010, and ending 7/1/2014. The Honorable Kelvin Cochran of Fulton County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning 1/1/2013, and ending 1/1/2016. The Honorable Trip Tollison of Chatham County, as a member of the Georgia Southern University's Herty Center Advisory Board, for the term of office beginning 2/15/2013, and ending at the pleasure of the Governor. The Honorable G. Scott McCoy of Washington County, as a member of the Georgia Southern University's Herty Center Advisory Board, for the term of office beginning 2/15/2013, and ending at the pleasure of the Governor. The Honorable Phil Jones of Cherokee County, as a member of the Georgia Southern University's Herty Center Advisory Board, for the term of office beginning 2/15/2013, and ending at the pleasure of the Governor. The Honorable Denise Marshall of Dougherty County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Joseph Johnson of Ware County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Philip Raymond of Bibb County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Juanita Stedman of Cobb County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. 2880 JOURNAL OF THE SENATE The Honorable Amanda Mercier of Fannin County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Bill Jones of Glynn County, as a member of the Board of Natural Resources, for the term of office beginning 3/3/2006, and ending 3/16/2013. The Honorable Hunter Hill of Cobb County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The Honorable Gloria Butler of DeKalb County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The Honorable Steve Gooch of Lumpkin County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The Honorable Lynne Riley of Fulton County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The Honorable Tom Taylor of DeKalb County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The Honorable Billy Mitchell of DeKalb County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The Honorable Richard Hyde of Cobb County, as a member of the Judicial Qualifications Commission, for the term of office beginning 12/31/2012, and ending 12/31/2016. The Honorable Frank McKay of Hall County, as a member of the State Board of Workers' Compensation, for the term of office beginning 5/1/2009, and ending 5/1/2013. The Honorable Taylor Hanson Haley of Glynn County, as a member of the State Personnel Board, for the term of office beginning 1/3/2010, and ending 1/3/2015. The Honorable Robert Joseph of DeKalb County, as a member of the State Personnel Board, for the term of office beginning 1/3/2011, and ending 1/3/2016. TUESDAY, MARCH 26, 2013 2881 The Honorable Monirah Womack of Fulton County, as a member of the State Employee Benefit Council, for the term of office beginning 6/28/2010, and ending 6/28/2014. The Honorable James Laine of Greene County, as a member of the State Employee Benefit Council, for the term of office beginning 6/28/2010, and ending 6/28/2014. The Honorable Carlton Lenoir of Fulton County, as a member of the State Employee Benefit Council, for the term of office beginning 6/28/2010, and ending 6/28/2014. The Honorable Roy "Reg" Gilbreath of Fulton County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Robert Fitzgerald of Cobb County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Tripp Strickland of Madison County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable James Rush of Columbia County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The Honorable Steve Oldaker of Glynn County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The Honorable Don Waters of Chatham County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2011, and ending 1/1/2018. The Honorable Jeffrey Korotkin of Fulton County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2011, and ending 2/1/2016. The Honorable Duke Blackburn, Jr. of Coweta County, as a member of the Board of Corrections, for the term of office beginning 7/1/2010, and ending 7/1/2015. The Honorable Karen Viera of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning 2/20/2013, and ending 2/20/2015. 2882 JOURNAL OF THE SENATE The Honorable Earl L. "Buddy" Carter of Chatham County, as a member of the State Workforce Investment Board, for the term of office beginning 2/20/2012, and ending 2/20/2015. The Honorable Ames Barnett of Wilkes County, as a member of the State Workforce Investment Board, for the term of office beginning 2/20/2012, and ending 2/20/2015. The Honorable David Kay of Bibb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2008, and ending 10/6/2014. The Honorable Mark Hanly of Glynn County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2012, and ending 10/6/2018. The Honorable George McCluskey of Muscogee County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2012, and ending 10/6/2018. The Honorable James Childre, Jr. of Washington County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2012, and ending 10/6/2018. The Honorable Johnny Grant of Baldwin County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2011, and ending 7/1/2014. The Honorable Arthur Williams of Jackson County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2012, and ending 12/31/2015. The Honorable Tommy Black of Liberty County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2012, and ending 12/31/2015. The Honorable Richard Long of Muscogee County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2012, and ending 12/31/2015. The Honorable Eunice Mixon of Tifton County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2012, and ending 12/31/2015. The Honorable Carter Brown of Walker County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning 6/30/2010, and ending 6/30/2013. TUESDAY, MARCH 26, 2013 2883 The Honorable J. Robert Thornton of Coweta County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Mary Frances Bowley of Fayette County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The Honorable Jannine Miller of Fulton County, as a member of the State Employee Benefit Council, for the term of office beginning 3/15/2013, and ending at the pleasure of the Governor. The President referred the appointment list to the Committee on Assignments. The following Senators were excused for business outside the Senate Chamber: Butler of the 55th Tate of the 38th Senator Ramsey, Sr. of the 43rd asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. Senator Ramsey, Sr. of the 43rd asked unanimous consent that he be excused from voting on HB 70 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Ramsey was excused. The Calendar was resumed. HB 70. By Representatives Golick of the 40th, Coleman of the 97th, Setzler of the 35th, Lindsey of the 54th, Dudgeon of the 25th 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 deadlines for scholarship payments to parents; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tippins of the 37th. The Senate Education and Youth Committee offered the following substitute to HB 70: 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 2884 JOURNAL OF THE SENATE waiver of one of the scholarship requirements under certain conditions; 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 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 has had an Individualized Education Program (IEP) written by the school in accordance with federal and state laws and regulations; 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 TUESDAY, MARCH 26, 2013 2885 department shall provide application deadline opportunities on September 15, December 15, and February 15 of each school year for a student to transfer." SECTION 2. Said article is further amended by revising subsections (d) and (e) of Code Section 20-22116, relating to the amount of the scholarship and methods of payment, as follows: "(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 October 15, December 15, February 15, and May 15 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 3. All laws and parts of laws in conflict with this Act are repealed. Senators Lucas of the 26th and Sims of the 12th offered the following amendment #1: Amend the committee substitute LC 33 5217S to HB 70 by inserting after line 21: (f) Should a student receiving a scholarship under this Code Section return to public school, the remaining scholarship payments shall be paid to that public school. On the adoption of the amendment, the President asked unanimous consent. Senator Tippins of the 37th objected. 2886 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 11, nays 28, and the Lucas, Sims 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 Beach Y Bethel Y Burke E Butler Y Carter, B Carter, J E Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller C Mullis Y Murphy N Orrock E Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone E Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 35, nays 9. HB 70, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Tommie Williams District 19 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Natural Resources and the Environment Reapportionment and Redistricting Transportation TUESDAY, MARCH 26, 2013 2887 The State Senate Atlanta, Georgia 30334 Please record my vote on HB 70 as a yea. 3-26-13 /s/ Tommie Williams HB 71. By Representatives Riley of the 50th, Maxwell of the 17th, Greene of the 151st, Tankersley of the 160th, Holmes of the 129th and others: A BILL to be entitled an Act to amend Code Section 47-20-83 of the Official Code of Georgia Annotated, relating to certificated or uncertificated forms of investment and real estate investments, so as to increase the total percentage of investments permissible in real estate investments for the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members; 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 GREG S. GRIFFIN State Auditor (404) 656-2174 December 12, 2012 The Honorable Lynne Riley State Representative Coverdell Legislative Office Building, Room 504 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 71 (LC 21 1886) 2888 JOURNAL OF THE SENATE Dear Representative Riley: This bill would amend provisions relating to the Public Retirement Systems Investment Authority Law. Specifically, this bill would increase the total percentage of investments permissible in real estate investments for the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members for the pooling of assets. Currently, such systems may invest up to five percent of the total assets of its fund in real estate. If this legislation is enacted, these systems would be authorized to invest up to 10 percent of the total assets in real estate. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin 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 Beach Y Bethel Y Burke E Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams TUESDAY, MARCH 26, 2013 2889 On the passage of the bill, the yeas were 47, nays 2. HB 71, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 115. By Representatives Dickson of the 6th, Lindsey of the 54th, Coleman of the 97th and Casas of the 107th: 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. HB 131. By Representatives Clark of the 101st, Coleman of the 97th, Kaiser of the 59th, Jones of the 47th, Taylor of the 173rd 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 define a certain term; to provide that dual credit courses shall be treated in the same manner as advanced placement and international baccalaureate courses for purposes of determining eligibility for the HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: HB 122. By Representatives Tanner of the 9th, Harrell of the 106th, Powell of the 171st, Hamilton of the 24th, Golick of the 40th and others: A BILL to be entitled an Act to amend Code Section 42-1-14 of the O.C.G.A., relating to risk assessment classification, classification as "sexually dangerous predator," and electronic monitoring of sexual offenders; Code Section 42-9-53, relating to preservation of documents, classification of information and documents, divulgence of confidential state secrets, and conduct of hearings; and Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation, so as to authorize 2890 JOURNAL OF THE SENATE the Sexual Offender Registration Review Board to review and utilize records of the Board of Pardons and Paroles in making its assessments; to maintain confidentiality of records of the Board of Pardons and Paroles; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 104. By Senators Ginn of the 47th, Jeffares of the 17th, Albers of the 56th, Carter of the 42nd, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the minimum elements addressed and included in comprehensive plans of local governments; to remove the requirement for certain findings with regard to projects of regional importance or impact; to remove certain limitations on actions by counties or municipalities with regard to local plans; 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 242. By Senators Hill of the 6th and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to powers of downtown development authorities generally, so as to provide that downtown development authorities may undertake projects regarding reducing energy or water consumption on property or installing an improvement to property that produces energy from renewable resources within the territorial boundaries of the municipality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 78. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Abrams of the 89th, Cooper of the 43rd and others: A BILL to be entitled an Act to amend Title 16, Code Section 24-13-130, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the O.C.G.A., relating to crimes and offenses, when depositions to preserve testimony in TUESDAY, MARCH 26, 2013 2891 criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit exploitation of disabled adults, elder persons, and residents; to move relevant criminal penalties from Title 30 into Title 16; to amend Code Section 17-17-3, Title 31, Chapter 3 of Title 35, and Code Sections 42-8-63.1 and 49-2-14.1 of the O.C.G.A., so as to provide for conforming crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The Senate Judiciary Non-Civil Committee offered the following substitute to HB 78: A BILL TO BE ENTITLED AN ACT To amend Title 16, Code Section 24-13-130, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities, respectively, so as to expand protection of disabled adults and elder persons; to provide for and revise definitions; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit abuse, neglect, and exploitation of disabled adults, elder persons, and residents; to provide for exceptions to criminal liability; to provide for investigatory powers; to expand the right to take a deposition in criminal proceedings under certain circumstances; to apply provisions relating to the protection of elder persons from exploitation to elder persons who are residents in long-term care facilities; to expand reporting requirements for persons in need of protective services and for reporting abuse or exploitation in long-term care facilities; to expand the cooperative development of certain education and training programs; to move relevant criminal penalties from Title 30 into Title 16; to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to include physician assistants as mandatory reporters; to amend Code Section 17-17-3, Title 31, Chapter 3 of Title 35, and Code Sections 42-8-63.1 and 49-214.1 of the Official Code of Georgia Annotated, relating to definitions, health, the Georgia Bureau of Investigation, discharging disqualifying individuals from employment, and records check requirements for licensing certain child welfare agencies, respectively, so as to provide for conforming cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 2892 JOURNAL OF THE SENATE PART I ELDER PROTECTION MODERNIZATION SECTION 1-1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Article 8 of Chapter 5, relating to the protection of elder persons, as follows: "ARTICLE 8 16-5-100. As used in this article, the term: (1) 'Alzheimer's disease' means a progressive, degenerative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (2) 'Dementia' means: (A) An irreversible global loss of cognitive function causing evident intellectual impairment which always includes memory loss, without alteration of state of consciousness, as diagnosed by a physician, and is severe enough to interfere with work or social activities, or both, and to require at least intermittent care or supervision; or (B) The comatose state of an adult resulting from any head injury. (3) 'Disabled adult' means a person 18 years of age or older who is mentally or physically incapacitated or has Alzheimer's disease or dementia. (4) 'Elder person' means a person 65 years of age or older. (5) 'Essential services' means social, medical, psychiatric, or legal services necessary to safeguard a disabled adult's, elder person's, or resident's rights and resources and to maintain the physical and mental well-being of such person. Such services may include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards. (6) 'Exploit' means illegally or improperly using a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another person's profit or advantage. (7) 'Long-term care facility' means any skilled nursing facility, intermediate care home, assisted living community, community living arrangement, or personal care home subject to regulation and licensure by the Department of Community Health. (8) 'Resident' means any person who is receiving treatment or care in any long-term care facility. (9) 'Sexual abuse' means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult, elder person, or resident to engage in any of the following conduct: TUESDAY, MARCH 26, 2013 2893 (A) Lewd exhibition of the genitals or pubic area of any person; (B) Flagellation or torture by or upon a person who is unclothed or partially unclothed; (C) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated; (D) Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; (E) Defecation or urination for the purpose of sexual stimulation of the viewer; or (F) Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure. 16-5-100. 16-5-101. (a) A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a person who is 65 years of age or older disabled adult, elder person, or resident commits the offense of cruelty neglect to a person who is 65 years of age or older disabled adult, elder person, or resident when the person willfully deprives a person who is 65 years of age or older disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of a person who is 65 years of age or older such person is jeopardized. (b) The provisions of this Code section shall not apply to a physician nor any person acting under a physician's direction nor to a hospital, skilled nursing facility, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith following a course of treatment developed in accordance with accepted medical standards acting within the scope of his or her employment or agency or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, an order not to resuscitate, or the instructions of the patient or the patient's lawful surrogate decision maker, nor shall the provisions of this Code section require any physician, any institution licensed in accordance with Chapter 7 of Title 31, or any employee or agent thereof to provide health care essential services or shelter to any person in the absence of another legal obligation to do so. (b.1)(c) The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge, or control, or custody of a person who is 65 years of age or older disabled adult, elder person, or resident who in good faith provides treatment by spiritual means alone through prayer for the person's physical or mental condition, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the person. (c)(d) A person convicted of who commits the offense of cruelty to a person who is 65 years of age or older as provided in this Code section neglect to a disabled adult, elder person, or resident of a long-term care facility, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both. 2894 JOURNAL OF THE SENATE 16-5-102. (a) Any person who knowingly and willfully exploits a disabled adult, elder person, or resident, willfully inflicts physical pain, physical injury, sexual abuse, mental anguish, or unreasonable confinement upon a disabled adult, elder person, or resident, or willfully deprives of essential services a disabled adult, elder person, or resident shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both. (b) Any person who threatens, intimidates, or attempts to intimidate a disabled adult, elder person, or resident who is the subject of a report made pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, or any other person cooperating with an investigation conducted pursuant to this Code section, shall be guilty of a misdemeanor of a high and aggravated nature. (c) Any person who willfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, upon conviction, shall be guilty of a misdemeanor of a high and aggravated nature. 16-5-103. An owner, officer, administrator, board member, employee, or agent of a long-term care facility shall not be held criminally liable for the actions of another person who is convicted pursuant to this article unless such owner, officer, administrator, board member, employee, or agent was a knowing and willful party to or conspirator to the abuse or neglect, as defined in Code Section 30-5-3, or exploitation of a disabled adult, elder person, or resident. 16-5-104. This article shall be cumulative and supplemental to any other law of this state." SECTION 1-2. Said title is further amended by revising subsection (a) of Code Section 16-9-108, relating to investigative and subpoena powers of district attorney and the Attorney General, as follows: "(a) In any investigation of a violation of this article or any investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, Article 8 of Chapter 5 of this title, or Article 8 of Chapter 9 of Title 16 this chapter involving the use of a computer in furtherance of the act, the Attorney General or any district attorney shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. The Attorney General or any such district attorney is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers." TUESDAY, MARCH 26, 2013 2895 SECTION 1-3. Said title is further amended by revising subsection (a) of Code Section 16-9-109, relating to disclosures by service providers pursuant to investigations, as follows: "(a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, or 16-5-90, Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer, cellular telephone, or any other electronic device used in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section." SECTION 1-4. Code Section 24-13-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, is amended by revising subsections (b) and (c) as follows: "(b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the proceeding and the witness: (1) Is in imminent danger of death or great bodily harm; (2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding; (3) Is about to leave this state, and there are reasonable grounds to believe that such witness will be unable to attend the a criminal trial or proceeding; (4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the testify as a witness at a criminal trial or proceeding; or (5) Is being detained as a material witness, and there are reasonable grounds to believe that the witness will flee if released from detention; or (6) Is 72 years of age or older. (c) A motion to take a deposition of a material witness, or a physician as provided in paragraph (2) of subsection (a) of this Code section, shall be verified and shall state: (1) The nature of the offense charged; (2) The status of the criminal proceedings; (3) The name of the witness and an address in Georgia where the witness may be contacted unless, for good cause shown, the court allows an exception to this paragraph; 2896 JOURNAL OF THE SENATE (4) That the testimony of the witness is material to the proceeding or that the witness is a physician as provided in paragraph (2) of subsection (a) of this Code section; and (5) The basis for taking the deposition as provided in subsection (b) of this Code section." SECTION 1-5. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising Code Section 30-5-3, relating to definitions for the chapter, as follows: "30-5-3. As used in this chapter, the term: (1) 'Abuse' means the willful infliction of physical pain, physical injury, sexual abuse, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person. (2) 'Caretaker' means a person who has the responsibility for the care of a disabled adult or elder person as a result of family relationship, contract, voluntary assumption of that responsibility, or by operation of law. (3) 'Court' means the probate court for the county of residence of the disabled adult or elder person or the county in which such person is found. In any case in which the judge of the probate court is unable to hear a case brought under this chapter within the time required for such hearing, such judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or said judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of such county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served. (4)(3) 'Department' means the Department of Human Services. (5)(4) 'Director' means the director of the Division of Aging Services of the Department of Human Services, or the director's designee. (6)(5) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72 16-5-100. (7) 'Disabled adult in need of protective services' means a disabled adult who is subject to abuse, neglect, or exploitation as a result of that adult's mental or physical incapacity. (7.1)(6) 'Elder person' means a person 65 years of age or older who is not a resident TUESDAY, MARCH 26, 2013 2897 of a long-term care facility as defined in Article 4 of Chapter 8 of Title 31. (8)(7) 'Essential services' means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult's or elder person's rights and resources and to maintain the physical and mental well-being of such person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include the taking into physical custody of a disabled adult or elder person without that person's consent. (9)(8) 'Exploitation' means the illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage. (10)(9) 'Neglect' means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person. (11)(10) 'Protective services' means services necessary to protect a disabled adult or elder person from abuse, neglect, or exploitation. Such services shall include, but not be limited to, evaluation of the need for services and mobilization of essential services on behalf of a disabled adult or elder person. (11) 'Sexual abuse' means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult or elder person to engage in any of the following conduct: (A) Lewd exhibition of the genitals or pubic area of any person; (B) Flagellation or torture by or upon a person who is unclothed or partially unclothed; (C) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated; (D) Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; (E) Defecation or urination for the purpose of sexual stimulation of the viewer; or (F) Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure." SECTION 1-6. Said chapter is further amended by revising subsection (a) and paragraph (1) of subsection (b) and adding a new subsection to Code Section 30-5-4, relating to reporting of the need for protective services, to read as follows: "(a)(1)(A) The following persons Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, chiropractor, podiatrist, pharmacist, physical therapist, occupational therapist, licensed professional 2898 JOURNAL OF THE SENATE counselor, nursing personnel, social work personnel, day-care personnel, coroner, medical examiner, employee of a public or private agency engaged in professional health related services to elder persons or disabled adults, or law enforcement personnel having reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person been the victim of abuse, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section: (i) Any person required to report child abuse as provided in subsection (c) of Code Section 19-7-5; (ii) Physical therapists; (iii) Occupational therapists; (iv) Day-care personnel; (v) Coroners; (vi) Medical examiners; (vii) Emergency medical services personnel, as such term is defined in Code Section 31-11-49; (viii) Any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31; (ix) Employees of a public or private agency engaged in professional health related services to elder persons or disabled adults; and (x) Clergy members. (B) Any Except as provided in this paragraph, any employee of a financial institution, as defined in Code Section 7-1-4, having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution while that employee is acting as a fiduciary, as defined in Code Section 7-1-4, but only for such assets that the employee is holding or managing in a fiduciary capacity. (C) When the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, such person shall notify the person in charge of the facility and such person or that person's designee shall report or cause reports to be made in accordance with the provisions of this Code section. (2) Any other person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services, or has been the victim of abuse, neglect, or exploitation may report such information as provided in this Code section. (b)(1) A report that a disabled adult or elder person who is not a resident of a longterm care facility as defined in Code Section 31-8-80 31-8-81 is in need of protective services or has been the victim of abuse, neglect, or exploitation shall be made to an adult protection agency providing protective services, as designated by the department TUESDAY, MARCH 26, 2013 2899 or, if such agency is unavailable, and to an appropriate law enforcement agency or prosecuting attorney. If a report of a disabled adult or elder person abuse, neglect, or exploitation is made to an adult protection agency or independently discovered by the agency and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate law enforcement agency or prosecuting attorney. If the disabled adult or elder person is a resident of a long-term care facility as defined in Code Section 31-8-80 31-8-81, a report shall be made in accordance with Article 4 of Chapter 8 of Title 31. If a report made in accordance with the provisions of this Code section alleges that the abuse or exploitation occurred within a long-term care facility, such report shall be investigated in accordance with Articles 3 and 4 of Chapter 8 of Title 31." "(d) Any suspected abuse, neglect, exploitation, or need for protective services 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, neglect, exploitation, or need for protective services 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 law; provided, however, that a member of the clergy shall not be required to report such matters confided to him or her 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 abuse, neglect, exploitation, or the need for protective services 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 such matters from the confession of the perpetrator." SECTION 1-7. Said chapter is further amended by revising Code Section 30-5-5, relating to investigation of reports of need for protective services, by adding new subsections to read as follows: "(i) In any case in which the judge of the court is unable to hear a case brought under this chapter within the time required for such hearing, such judge shall appoint a person to serve and exercise all the jurisdiction of the court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a caseby-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or said judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of such county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served. (j) As used in this Code section, the term 'court' means the probate court for the county of residence of the disabled adult or elder person or the county in which such person is found." 2900 JOURNAL OF THE SENATE SECTION 1-8. Said chapter is further amended by revising Code Section 30-5-7, relating to confidentiality of public records, as follows: "30-5-7. All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Nothing in this Code section shall be construed to deny state agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse, neglect, or exploitation within an agency's scope of authority, or to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an a disabled adult or elder person is a victim from having access to such records." SECTION 1-9. Said chapter is further amended by revising Code Section 30-5-8, relating to criminal offenses and penalties, as follows: "30-5-8. (a)(1)(A) In addition to any other provision of law, the abuse or exploitation of any disabled adult or elder person shall be unlawful. (B) In addition to any other provision of law, the neglect of any disabled adult or elder person by a guardian, caretaker, or other person supervising the welfare of or having immediate charge or custody of such disabled adult or elder person shall be unlawful. (2) In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term 'disabled adult' means a person 18 years of age or older who is: (A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and (B) Mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72. An owner, officer, administrator, or board member of a long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided under any other law. (3) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)(a)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder TUESDAY, MARCH 26, 2013 2901 person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection Code section shall be guilty of a misdemeanor. (c)(b) Any violation of this Code section shall constitute a separate offense." SECTION 1-10. Said chapter is further amended by revising Code Section 30-5-10, relating to cooperative effort in development of programs relating to abuse and exploitation of persons 65 years of age or older, as follows: "30-5-10. The Department of Human Services department, the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council of the State of Georgia, and the Institute of Continuing Judicial Education shall develop programs for the education and training of social services, criminal justice, and judicial professionals concerning the abuse, neglect, and exploitation of persons who are 65 years of age or older disabled adults, elder persons, and residents of long-term care facilities, as defined in Code Section 16-5-100. Said agencies, together with any other agency of this state which is involved in the investigation of the abuse, neglect, or exploitation of persons who are 65 years of age or older disabled adults, elder persons, and residents of long-term care facilities, as defined in Code Section 16-5-100, are directed to cooperate in the development of such training programs to the extent allowable under Article I, Section II, Paragraph III of the Constitution of this state." SECTION 1-11. Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of residents in long-term care facilities, is amended by revising paragraph (2) of Code Section 31-8-81, relating to definitions for the article, as follows: "(2) 'Exploitation' means an unjust the illegal or improper use of another person or the person's property a resident or the resident's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage." SECTION 1-12. Said article is further amended by revising Code Section 31-8-82, relating to reporting abuse or exploitation in long-term care facilities, as follows: "31-8-82. (a) Any: (1) Administrator, manager, physician, nurse, nurse's aide, orderly, or other employee in a hospital or facility; (2) Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, or psychologist; or 2902 JOURNAL OF THE SENATE (3) Employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities who has knowledge of the following people who have reasonable cause to believe that any resident or former resident has been abused or exploited while residing in a longterm care facility shall immediately make a report as described in subsection (c) (d) of this Code section by telephone or in person to the department. In the event that an immediate report to the department is not possible, the person and shall make the report to the appropriate law enforcement agency or prosecuting attorney: (1) Any person required to report child abuse as provided in subsection (c) of Code Section 19-7-5; (2) Administrators, managers, or other employees of hospitals or long-term care facilities; (3) Physical therapists; (4) Occupational therapists; (5) Day-care personnel; (6) Coroners; (7) Medical examiners; (8) Emergency medical services personnel, as defined in Code Section 31-11-49; (9) Any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31; (10) Employees of a public or private agency engaged in professional health related services to residents; and (11) Clergy members. (b) Persons required to make a report pursuant to subsection (a) of this Code section Such person shall also make a written report to the department within 24 hours after making the initial report. (b)(c) Any other person who has knowledge that a resident or former resident has been abused or exploited while residing in a long-term care facility may report or cause a report to be made to the department or the appropriate law enforcement agency. (c)(d) A report of suspected abuse or exploitation shall include the following: (1) The name and address of the person making the report unless such person is not required to make a report; (2) The name and address of the resident or former resident; (3) The name and address of the long-term care facility; (4) The nature and extent of any injuries or the condition resulting from the suspected abuse or exploitation; (5) The suspected cause of the abuse or exploitation; and (6) Any other information which the reporter believes might be helpful in determining the cause of the resident's injuries or condition and in determining the identity of the person or persons responsible for the abuse or exploitation. (d) Upon receipt of a report of abuse or exploitation, the department may notify the appropriate law enforcement agency. In the event a report is made directly to a law enforcement agency, under subsection (a) or (b) of this Code section, that agency shall TUESDAY, MARCH 26, 2013 2903 immediately notify the department. (e) The department shall maintain accurate records which shall include all reports of abuse or exploitation, the results of all investigations and administrative or judicial proceedings, and a summary of actions taken to assist the resident. (f) Any suspected abuse or exploitation 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 or exploitation 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 law; provided, however, that a member of the clergy shall not be required to report such matters confided to him or her 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 abuse or exploitation 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 such matters from the confession of the perpetrator." SECTION 1-13. Said article is further amended by revising Code Section 31-8-86 relating to confidentiality, as follows: "31-8-86. The identities of the resident, the alleged perpetrator, and persons making a report or providing information or evidence shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be revealed or as otherwise required by law. Upon the resident's or his or her representative's request, the department shall make information obtained in an abuse report or complaint and an investigation available to an allegedly abused or exploited resident or his or her representative for inspection or duplication, except that such disclosure shall be made without revealing the identity of any other resident, the person making the report, or persons providing information by name or inference. For the purpose of this Code section, the term 'representative' shall include any person authorized in writing by the resident or appointed by an appropriate court to act upon the resident's behalf. The term 'representative' also shall include a family member of a deceased or physically or mentally impaired resident unable to grant authorization; provided, however, that such family members who do not have written or court authorization shall not be authorized by this Code section to receive the resident's health records as defined in Code Section 31-33-1. Nothing in this Code section shall be construed to deny agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse or exploitation within an agency's scope of authority, or law enforcement personnel who are conducting an investigation into any criminal offense in which a resident is a victim from having access to such records." 2904 JOURNAL OF THE SENATE PART II MANDATORY REPORTERS SECTION 2-1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, is amended by revising subparagraph (c)(1)(A), as follows: "(A) Physicians licensed to practice medicine, physician assistants, interns, or residents;" PART III CROSS-REFERENCES SECTION 3-1. Code Section 17-17-3 of the Official Code of Georgia Annotated, relating to definitions for the "Crime Victims' Bill of Rights," is amended by revising paragraph (4) as follows: "(4) 'Crime' means an act committed in this state which constitutes any violation of Chapter 5 of Title 16; Chapter 6 of Title 16; Article 1, 3, or 4 of Chapter 7 of Title 16; Article 1 or 2 of Chapter 8 of Title 16; Chapter 9 of Title 16; Part 3 of Article 3 of Chapter 12 of Title 16; Code Section 30-5-8; Code Section 40-6-393; Code Section 40-6-393.1; or Code Section 40-6-394." SECTION 3-2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subparagraphs (a)(2)(E) and (a)(2)(L) through (a)(2)(N) of Code Section 31-2-9, relating to records check requirements for certain facilities under the Department of Community Health, as follows: "(E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older Article 8 of Chapter 5 of Title 16;" "(L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N)(M) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere." SECTION 3-3. Said title is further amended by revising subparagraphs (N) and (O) of paragraph (2) of Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks for personal care homes, as follows: "(N) A violation of Code Section 16-6-5.1, relating to sexual assault against a person in custody; (O) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person Article 8 of Chapter 5 of Title 16;" TUESDAY, MARCH 26, 2013 2905 SECTION 3-4. Said title is further amended by revising paragraph (2) of Code Section 31-7-350, relating to definitions for nursing home employee record checks, as follows: "(2) 'Crime' means commission of an offense which constitutes a felony with respect to the following: (A) A violation of Code Section 16-5-21, relating to aggravated assault; (B) A violation of Code Section 16-5-24, relating to aggravated battery; (C) A violation of Code Section 16-6-1, relating to rape; (D) A violation of Code Section 16-8-2, relating to theft by taking; (E) A violation of Code Section 16-8-3, relating to theft by deception; (F) A violation of Code Section 16-8-4, relating to theft by conversion; (G) A violation of Code Section 16-5-1, relating to murder and felony murder; (H) A violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; (I) A violation of Code Section 16-8-40, relating to robbery; (J) A violation of Code Section 16-8-41, relating to armed robbery; (K) A felony violation of Code Section 16-9-1; (L) A violation of Article 8 of Chapter 5 of Title 16; (L)(M) A violation of Chapter 13 of Title 16, relating to controlled substances; or (M)(N) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere." SECTION 3-5. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by revising paragraph (14) of subsection (a) of Code Section 35-3-4, relating to the powers and duties of the Georgia Bureau of Investigation, as follows: "(14) Identify and investigate violations of Code Section 30-5-8 or 16-5-100 Article 8 of Chapter 5 of Title 16; and" SECTION 3-6. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 35-3-34.1, relating to circumstances when exonerated first offender's criminal record may be disclosed, as follows: "(2) The request for information is an inquiry about a person who has applied for employment with a nursing home, assisted living community, personal care home, long-term care facility as defined in Code Section 31-8-51 or a person or entity that offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8 Article 8 of Chapter 5 of Title 16; or" 2906 JOURNAL OF THE SENATE SECTION 3-7. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to discharging disqualifying individuals from employment, is amended by revising paragraph (3) of subsection (a) as follows: "(3) The employment is with a nursing home, assisted living community, personal care home, long-term care facility as defined in Code Section 31-8-51 or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8 Article 8 of Chapter 5 of Title 16; or" SECTION 3-8. Code Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to records check requirements for licensing certain child welfare agencies, is amended by revising subparagraphs (a)(2)(E) and (a)(2)(L) through (a)(2)(N) as follows: "(E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older Article 8 of Chapter 5 of Title 16;" "(L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N)(M) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere." PART IV REPEALER SECTION 4-1. All laws and parts of laws in conflict with this Act are repealed. Senator McKoon of the 29th offered the following amendment #1: Amend the Senate Judiciary, Non-civil Committee substitute to HB 78 (LC 29 5672S) by replacing lines 1 through 3 with the following: To amend Title 16, Title 24, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to crimes and offenses, evidence, protection of By inserting after the semicolon on line 16 the following: to change provisions relating to using a writing to refresh memory; By replacing lines 156 through 158 with the following: Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by TUESDAY, MARCH 26, 2013 2907 revising subsection (b) of Code Section 24-6-612, relating to writing used to refresh memory, as follows: "(b) If a witness uses a writing to refresh his or her memory before testifying at trial and the court in its discretion determines it is necessary in the interests of justice, an adverse party shall be entitled to have the writing produced at the trial, to inspect it, to cross-examine the witness on such writing, and to introduce in evidence those portions of such writing which relate to the testimony of the witness. If the writing used is protected by the attorney-client privilege or as attorney work product under Code Section 9-11-26, use of the writing to refresh recollection prior to the trial testifying shall not constitute a waiver of that privilege or protection. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the court shall examine the writing in camera, excise any portions of such writing not so related, and order delivery of the remainder of such writing to the party entitled to such writing. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to an order under this Code section, the court shall make any order justice requires; provided, however, that in criminal proceedings, when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial." SECTION 1-4A. Said title is further amended by revising subsections (b) and (c) of Code Section 24-13130, relating to when depositions to preserve testimony in criminal proceedings may be taken, as follows: On the adoption of the amendment, there were no objections, and the McKoon 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer 2908 JOURNAL OF THE SENATE Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Sims Y Staton Y Stone 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 78, having received the requisite constitutional majority, was passed by substitute. HB 79. By Representative Willard of the 51st: 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 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer TUESDAY, MARCH 26, 2013 2909 Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Sims Staton Y Stone N 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 4. HB 79, 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 substitutes to the following Bills of the House: HB 197. By Representatives Powell of the 171st, England of the 116th, Burns of the 159th, Peake of the 141st, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for taxation of land subject to a forest land conservation use covenant; to provide for a performance review board to be appointed by the revenue commissioner; to change certain criteria relating to current use of conservation use property; to provide for penalties for violations; to provide for valuation of property while an appeal of the assessment is in process; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 315. By Representatives Cooper of the 43rd, Clark of the 101st, Rynders of the 152nd, Kaiser of the 59th, Jones of the 53rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to provide for continuing competency 2910 JOURNAL OF THE SENATE requirements as a requirement for license renewal; to provide for inactive licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 359. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, England of the 116th, Powell of the 171st and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to require the commissioner of revenue to deposit certain funds in the state treasury; to provide for related matters; to provide for 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 372. By Representatives Coomer of the 14th, Evans of the 42nd, Carter of the 175th, Nimmer of the 178th, Hatchett of the 150th 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 revise eligibility for a HOPE grant at a technical college or university institution; to revise a provision relating to the submission of an annual request for funding for the Technical College System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House insists on its position in substituting the following Bills of the Senate: SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd 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. TUESDAY, MARCH 26, 2013 2911 SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise 2912 JOURNAL OF THE SENATE terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Resolution of the House: HR 4. By Representatives Geisinger of the 48th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others: A RESOLUTION proposing a settlement of the boundary dispute between the State of Georgia and the State of Tennessee; and for other purposes. Senator Heath of the 31st was excused for business outside the Senate Chamber. The Calendar was resumed. HB 87. By Representatives Hightower of the 68th, Smith of the 70th, Powell of the 171st, Nix of the 69th, Cooke of the 18th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Dugan of the 30th. The Senate Ethics Committee offered the following substitute to HB 87: 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 election of certain officers on a TUESDAY, MARCH 26, 2013 2913 nonpartisan basis; to authorize the use of the boundaries of a restricted access community and the boundaries of a residential subdivision as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide that, in counties that utilize a chief executive officer/county commission form of government, all elections for the chief executive officer shall be conducted on a nonpartisan basis; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising subsection (a) of Code Section 21-2-139, relating to the authorization for 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, offices of chief executive officers of county governing authorities utilizing a chief executive officer/county commission form of government, 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." 2914 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended by revising Code Section 21-2-261.1, relating to boundary requirements for precincts, as follows: "21-2-261.1. (a) All voting precincts established or altered under the provisions of this article shall consist of areas which are bounded on all sides only by: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; (1.1)(2) The boundaries of public parks; (1.2)(3) The boundaries of public school grounds; (1.3)(4) The boundaries of churches; or (2)(5) The boundaries of counties and incorporated municipalities; (6) The boundaries of restricted access residential communities; or (7) The boundaries of residential subdivisions. (b) The superintendent of a county or the governing authority of a municipality shall notify the board of registrars within ten days after such changes are adopted. (c) The superintendent of a county or the governing authority of a municipality shall file with the Secretary of State and the Legislative and Congressional Reapportionment Office: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) For precincts that use the boundaries of a restricted access residential community or residential subdivision, a map clearly delineating the boundaries of the community or subdivision and clearly depicting the streets contained within such community or subdivision and a list of the streets within such community or subdivision and the address ranges of such streets; and (6) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the this state." SECTION 3. Said chapter is further amended by adding a new subsection (c) to Code Section 21-2266, relating to polling places, to read as follows: "(c) When the boundaries of a restricted access residential community are used as the TUESDAY, MARCH 26, 2013 2915 boundaries for a precinct and a polling place is established within such restricted access residential community for the use of the voters in such precinct, such restricted access community and polling place shall be open to full and complete access by the public when such polling place is in use on the day of a general or special primary or general or special election, including the time while poll officers are setting up the polling place prior to the opening of the polls, the time while the polls are open, and the time while the poll officers are completing the tabulation of the votes, election paperwork, and similar functions after the close of the polls. Such restricted access community and polling place shall also be open to full and complete access by the election superintendent, investigators of the State Election Board, all affected candidates and their representatives, and the public in the event of a recount or recanvass of the votes cast in any primary or election involving such precinct and polling place conducted at such precinct and polling place. In addition, in the event of a contest or challenge to the results of any primary or election involving such precinct and polling place, the election superintendent, upon reasonable notice and at reasonable times, may require such restricted access community and polling place to be open to full and complete access by the election superintendent, investigators of the State Election Board, and all affected candidates and their representatives for the purpose of determining the issues involved in such contest or challenge." SECTION 4. Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, is amended by revising Code Section 36-5-23, which was previously reserved, as follows: "36-5-23. Reserved Notwithstanding any local law to the contrary, in counties that utilize a chief executive officer/county commission form of government, the election of the chief executive officer shall be conducted on a nonpartisan basis. This Code section shall not affect the term of office of any chief executive officer in office on the effective date of this Code section but shall apply to the next election to fill such office." 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 Millar of the 40th moved the previous question. Senator Thompson of the 33rd moved that HB 87 be placed on the Table which takes precedence. 2916 JOURNAL OF THE SENATE On the motion to table HB 87, a roll call was taken, and the vote was as follows: N Albers N Balfour N Beach N Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis N Dugan Y Fort N Ginn N Golden N Gooch Y Harbison Harper E Heath Y Henson N Hill, H Y Hill, Jack N Hill, Judson E Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares N Jones, B E Jones, E Y Ligon Loudermilk Y Lucas N McKoon N Millar Y Miller Y Mullis N Murphy Y Orrock Y Ramsey Y Seay N Shafer Y Sims N Staton N Stone Y Tate Y Thompson, C Y Thompson, S Tippins N Tolleson N Unterman N Wilkinson N Williams On the motion, the yeas were 21, nays 29; the motion lost, and HB 87 was not placed on the Table. On the motion for the previous question, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Harbison Y Harper E Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer Y Sims Y Staton N Stone N Tate N Thompson, C Thompson, S Tippins Y Tolleson TUESDAY, MARCH 26, 2013 2917 N Fort Y Ginn Y Golden Y Gooch Loudermilk Y Lucas Y McKoon Y Millar Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34; nays 15, the motion prevailed, and the previous question was ordered. Senators Carter of the 1st, Jeffares of the 17th, Staton of the 18th and Stone of the 23rd offered the following amendment #1: Amend the Senate Ethics Committee substitute to HB 87 (LC 28 6790S) by inserting after "generally, is" on line 15 the following: amended by revising paragraph (2) of subsection (c) and subparagraph (i)(1)(B) of Code Section 21-2-132, relating to filing notices of candidacy, nomination petitions, and affidavits, as follows: "(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;" "(B) 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 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" Said chapter is further SECTION 2. By redesignating Sections 2 through 6 as Section 3 through 7, respectively, and by inserting after "government," on line 21 "offices of coroner, tax commissioner, tax collector, tax receiver, and clerk of superior court,". Senator Carter of the 1st offered the following amendment #1a: Amend amendment #1 AM 28 1272 to HB 87 by adding on line 6 after the word "office" the following: of coroner, tax commissioner, tax collector, tax receiver, clerk of superior court and county judicial office. 2918 JOURNAL OF THE SENATE by adding on line 12 after the word "office" the following: of coroner, tax commissioner, tax receiver, clerk of superior court and county judicial office On the adoption of amendment #1a, the yeas were 20, nays 27, and the Carter of the 1st amendment #1a to the Carter of the 1st, et al. amendment #1 to the committee substitute was lost. On the adoption of amendment #1, the yeas were 12, nays 32, and the Carter of the 1st, et al. amendment #1 to the committee substitute was lost. Senator Carter of the 42nd offered the following amendment #2: Amend the Senate Ethics Committee substitute to HB 87 (LC 28 6790S) by inserting after "community" on line 3 ", the boundaries of a retirement complex, assisted living facility, or residential care home housing more than 100 residents," and by striking lines 55 and 56 and inserting in lieu thereof the following: (6) The boundaries of restricted access residential communities; (7) The boundaries of residential subdivision; or (8) The boundaries of retirement complexes, assisted living facilities, or residential care homes housing more than 100 residents. Senator Carter of the 42nd offered the following amendment #2a: Amend amendment #2 AM 28 1270 to HB 87 by adding after the word "residents," on line 3 "the boundaries of an apartment complex housing more than 100 residents," Adding after line 8 "(9) The boundaries of apartment complexes housing more than 100 residents," On the adoption of amendment #2a, the yeas were 40, nays 1, and the Carter of the 42nd amendment #2a to the Carter of the 42nd amendment #2 to the committee substitute was adopted. On the adoption of amendment #2 as amended, there were no objections, and the Carter of the 42nd amendment #2 to the committee substitute was adopted as amended. Senators Henson of the 41st, Fort of the 39th and Tate of the 38th offered the following amendment #3: Amend the Senate Ethics Committee substitute to HB 87 (LC 28 6790S) by inserting after "generally, is" on line 15 the following: TUESDAY, MARCH 26, 2013 2919 amended by revising paragraph (2) of subsection (c) and subparagraph (i)(1)(B) of Code Section 21-2-132, relating to filing notices of candidacy, nomination petitions, and affidavits, as follows: "(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;" "(B) 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 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" Said chapter is further SECTION 2. By redesignating Sections 2 through 6 as Section 3 through 7, respectively, and by inserting after "government," on line 21 "offices of elected chairpersons of boards of county commissioners,". On the adoption of the amendment, the yeas were 13, nays 32, and the Henson, et al. amendment #3 to the committee substitute was lost. Senator Henson of the 41st offered the following amendment #4: Amend the committee substitute LC 28 6790S to HB 87 by striking Section 4. Senator Henson of the 41st offered the following amendment #4a: Amend amendment #4 to the committee substitute to HB 87 by inserting after the word "Section" on line 1 "1 and" On the adoption of the amendment, there were no objections, and the Henson amendment #4a to the Henson et al. amendment #4 to the committee substitute was adopted. On the adoption of amendment #4 as amended, the President asked unanimous consent. Senator Millar of the 40th objected. 2920 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 16, nays 29, and the Henson amendment #4 to the committee substitute as amended 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 Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper E Heath N Henson Y Hill, H Y Hill, Jack N Hill, Judson E Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar N Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate N Thompson, C N Thompson, S Tippins Y Tolleson Y Unterman N Wilkinson Williams On the passage of the bill, the yeas were 31, nays 20. HB 87, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator Judson Hill District 32 421 State Capitol Atlanta, GA 30334 Committees: Finance Appropriations Health and Human Services Insurance and Labor Regulated Industries and Utilities Rules TUESDAY, MARCH 26, 2013 2921 The State Senate Atlanta, Georgia 30334 Robert Ewing Secretary of the Senate State of Georgia Atlanta, Ga March 26, 2013 Re: HB 87 Dear Bob: Please record my vote on House Bill 87 as a positive "yea" vote rather than a "no" vote on final passage. /s/ Judson Hill Senator Tommie Williams District 19 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Natural Resources and the Environment Reapportionment and Redistricting Transportation The State Senate Atlanta, Georgia 30334 Please record my vote as a yea on HB 87. 3/26/13 /s/ Tommie Williams The following bill was taken up to consider House action thereto: SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the 2922 JOURNAL OF THE SENATE duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, is amended by adding a new article to read as follows: "ARTICLE 9 31-8-210. (a) There is created as a joint committee of the General Assembly the Federal and State Funded Health Care Financing Programs Overview Committee to be composed of one member of the House of Representatives appointed by the Governor; one member of the Senate appointed by the Governor; the chairperson of the House Committee on Appropriations; the chairperson of the House Committee on Health and Human Services; the chairperson of the House Committee on Ways and Means; the chairperson of the Senate Appropriations Committee; the chairperson of the Senate Health and Human Services Committee; the chairperson of the Senate Finance Committee; and the minority leaders of the Senate and House of Representatives. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term TUESDAY, MARCH 26, 2013 2923 in the same manner as the original appointment. The committee shall periodically inquire into and review the actions of the board and the department under this article to evaluate the success with which the board and the department are accomplishing the statutory duties and functions as provided in this article. (b) The board and the department shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee set forth in this Code section may be timely and efficiently discharged. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the board and the department as set forth in this Code section. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 32nd asked unanimous consent that the Senate disagree to the House substitute to SB 62. The consent was granted, and the Senate disagreed to the House substitute to SB 62. Senator Lucas of the 26th was excused for business outside the Senate Chamber. The following Senators were excused as Conferees: Bethel of the 54th Mullis of the 53rd The Calendar was resumed. HB 99. By Representatives Spencer of the 180th, Kidd of the 145th, Harrell of the 106th, Cooke of the 18th, Powell of the 32nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to change the amount of malt beverages that may be produced by a person in his or her private residence; to provide that malt beverages so produced may be transported and delivered for use at home-brew special events; to provide for the issuance of home-brew special event permits; 2924 JOURNAL OF THE SENATE to provide for rules and regulations to be adopted by the state revenue commissioner governing home-brew special events; to prohibit sales and limit consumption of malt beverages produced in a private residence; 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 Beach C Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon Y Millar Y Miller C Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 2. HB 99, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Millar of the 40th Shafer of the 48th Senator Chance of the 16th was excused as a Conferee. TUESDAY, MARCH 26, 2013 2925 HB 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th: A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harper of the 7th. Senators Ramsey of the 43rd, Davis of the 22nd, Mullis of the 53rd, Albers of the 56th, Davenport of the 44th, Tolleson of the 20th and others offered the following amendment #1: Amend HB 104 (LC 35 2958S) by inserting before "clarify" at the beginning of line 3 the following: provide for special license plates for former members of the General Assembly under certain circumstances; to By redesignating Sections 2 through 4 as Sections 3 through 5, respectively, and replacing lines 13 and 14 with the following: Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by revising Code Section 40-2-62, relating to special license plates for members of the General Assembly, as follows: "40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly and former members of the General Assembly who are hereby deemed to have emeritus status after having served in the General Assembly eight or more years to the local tag agent in the counties wherein such members or former members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be 2926 JOURNAL OF THE SENATE remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80." SECTION 2. Said article is further amended by On the adoption of the amendment, there were no objections, and the Ramsey, 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 Beach C Bethel Y Burke Y Butler Y Carter, B Y Carter, J C Chance Y Cowsert N Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper N Heath Y Henson N Hill, H Y Hill, Jack Y Hill, Judson E Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk E Lucas Y McKoon E Millar Y Miller C Mullis Y Murphy Orrock Y Ramsey Y Seay E Shafer Y Sims Y Staton Y Stone 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 41, nays 3. HB 104, having received the requisite constitutional majority, was passed as amended. At 4:12 p.m. the President announced that the Senate would stand at ease until 5:00 p.m. At 5:00 p.m. the President called the Senate to order. TUESDAY, MARCH 26, 2013 2927 Senator Albers of the 56th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 132. By Representatives Hawkins of the 27th, Rogers of the 29th, Watson of the 166th, Channell of the 120th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 26 and Chapter 11 of Title 43 of the O.C.G.A., relating to pharmacists and pharmacies and dentists, dental hygienists, and dental assistants, respectively, so as to provide that the Georgia State Board of Pharmacy and the Georgia Board of Dentistry are transferred from being administratively attached from the Secretary of State to the Department of Community Health; to provide for the powers and duties of each board; to authorize each board to employ an executive director; to provide for the powers and duties of such executive directors; to provide for additional powers of the Georgia Drugs and Narcotics Agency; to provide for a census of dentists and dental hygienists; to revise provisions relating to qualifications of applicants to practice dentistry; to provide for notice of felonies by licensees; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. Senators Orrock of the 36th and Unterman of the 45th offered the following amendment #1: Amend HB 132 (LC 33 5047S) relating to OCGA 43-11-11 by striking the language after "basis." on line 978 through line 981. On the adoption of the amendment, the President asked unanimous consent. Senator Miller of the 49th objected. On the adoption of the amendment, Senator Orrock of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows: E Albers Balfour N Beach N Bethel N Burke Y Butler N Carter, B Carter, J N Harbison N Harper Y Heath Y Henson Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Miller N Mullis N Murphy Y Orrock Y Ramsey Y Seay N Shafer Y Sims 2928 JOURNAL OF THE SENATE C Chance Y Cowsert N Crane N Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn N Golden N Gooch N Jackson, B N Jackson, L James N Jeffares N Jones, B E Jones, E N Ligon N Loudermilk N Lucas N McKoon N Millar N Staton N Stone Y Tate Y Thompson, C N Thompson, S N Tippins Y Tolleson Y Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 32, and the Orrock, Unterman 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 Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J C Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort N Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E N Ligon N Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 45, nays 8. HB 132, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 26, 2013 2929 HB 139. By Representatives Hamilton of the 24th, Carter of the 175th, Powell of the 32nd, Talton of the 147th, Jasperse of the 11th 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 regarding sheriffs, so as to revise the general qualification requirements for sheriffs; to provide for related matters; 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 139 be placed on the Table. The consent was granted, and HB 139 was placed on the Table. HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. Senator Hill of the 6th asked unanimous consent that HB 463 be placed on the Table. The consent was granted, and HB 463 was placed on the Table. HB 156. By Representatives Neal of the 2nd, Atwood of the 179th, Nix of the 69th, Hitchens of the 161st and Hightower of the 68th: A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, so as to clarify certain acts amounting to unlawfully seducing, soliciting, luring, or enticing a child through use of a computer online service, Internet service, or similar service, to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. 2930 JOURNAL OF THE SENATE Senator Stone of the 23rd asked unanimous consent that HB 156 be placed on the Table. The consent was granted, and HB 156 was placed on the Table. HB 160. By Representatives Jacobs of the 80th, Welch of the 110th, Oliver of the 82nd, Lindsey of the 54th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a future conveyance 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. Senate Sponsor: Senator Stone of the 23rd. Senator Stone of the 23rd asked unanimous consent that HB 160 be placed on the Table. The consent was granted, and HB 160 was placed on the Table. 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 142. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to provide that the board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law; to provide that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age; to require notice to the board of trustees of such employment; to provide for penalties; 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 26, 2013 2931 SB 143. By Senator Millar of the 40th: 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. SB 178. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Article 6 of Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, and death benefits under the Georgia Legislative Retirement System, so as to define a certain term; to broaden a certain provision prohibiting a person receiving a pension under such retirement system from accepting public employment; to provide that the board of trustees of such retirement system shall have the authority to provide for the time and circumstances of paying benefits as necessary to comply with federal law; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 177. By Representatives Wilkinson of the 52nd, Epps of the 144th, Kidd of the 145th, Harbin of the 122nd, Peake of the 141st and others: A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the creation and operation of the Oconee River Greenway Authority, so as to change the membership of the authority; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jones of the 25th. 2932 JOURNAL OF THE SENATE Senator Jones of the 25th asked unanimous consent that HB 177 be placed on the Table. The consent was granted, and HB 177 was placed on the Table. HB 179. By Representatives Welch of the 110th, Stephens of the 164th, Rutledge of the 109th, Parrish of the 158th, Harden of the 148th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to change certain provisions relating to The Pharmacy Audit Bill of Rights; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler of the 52nd. Senator Hufstetler of the 52nd asked unanimous consent that HB 179 be placed on the Table. The consent was granted, and HB 179 was placed on the Table. HB 182. By Representatives Weldon of the 3rd, Atwood of the 179th, Welch of the 110th, Allison of the 8th, Dutton of the 157th 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 provide for the appointment of a judge pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. Senator Stone of the 23rd asked unanimous consent that HB 182 be placed on the Table. The consent was granted, and HB 182 was placed on the Table. HB 188. By Representatives Coomer of the 14th, Jones of the 47th, England of the 116th, Holcomb of the 81st, Yates of the 73rd and others: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that certain military certifications shall entitle persons to obtain certain professional licenses in this state; to provide that the spouse of a member of the military living in this state because of the military spouse's assignment shall be entitled to obtain certain professional licenses based upon his or her licensing in another state; to provide for powers and duties of the director of the professional licensing boards division of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. TUESDAY, MARCH 26, 2013 2933 Senator McKoon of the 29th offered the following amendment #1: Amend HB 188 by replacing line 66 with the following: issuance of such license; provided, further, that an applicant for licensure as a Conditioned Air Contractor Class I shall successfully complete the examination required by subsection (e) of Code Section 43-14-8. This Code section shall only apply to the initial issuance of a Senator Crane of the 28th offered the following amendment #1a: Amend amendment #1 to HB 188 by on line 3 after Class I insert "and/or electrical contractor Class I" On the adoption of amendment #1a, the President asked unanimous consent. Senator Hill of the 6th objected. On the adoption of the amendment, the yeas were 9, nays 30, and the Crane amendment #1a to the McKoon amendment #1 was lost. On the adoption of amendment #1, the President asked unanimous consent. Senator Hill of the 6th objected. On the adoption of amendment #1, the yeas were 15, nays 29, and the McKoon 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Harbison Y Harper N Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate 2934 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jeffares Y Jones, B E Jones, E N Ligon Y Loudermilk Y Lucas Y McKoon Y Millar 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 3. HB 188, having received the requisite constitutional majority, was passed. HB 189. By Representatives Buckner of the 137th, Stephens of the 164th, Jackson of the 128th, Epps of the 144th, Williams of the 168th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation 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, historic sites, or recreational areas located within the area of the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. Senator McKoon of the 29th asked unanimous consent that HB 189 be placed on the Table. The consent was granted, and HB 189 was placed on the Table. HB 199. By Representatives Lindsey of the 54th and Smith of the 70th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to the water supply division of the Georgia Environmental Finance Authority, so as to expand the Georgia Reservoir Fund; to amend Article 6 of Chapter 5 of Title 12 of the O.C.G.A., relating to water supply, so as to revise a definition and correct a cross-reference; to amend Code Section 36-91-100 of the O.C.G.A., relating to definitions relative to local public works bidding, so as to revise a definition; to amend Part 1 of Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to general provisions relative to the Georgia Environmental Finance Authority, so as to revise definitions and correct cross-references; 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. TUESDAY, MARCH 26, 2013 2935 Senator Jeffares of the 17th asked unanimous consent that HB 199 be placed on the Table. The consent was granted, and HB 199 was placed on the Table. HB 215. By Representative Benton of the 31st: 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 change provisions relating to filings in the clerk's office; to increase fees for certain filings; to change provisions relating to office hours; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. Senator McKoon of the 29th asked unanimous consent that HB 215 be placed on the Table. The consent was granted, and HB 215 was placed on the Table. HB 226. By Representatives Nix of the 69th, Burns of the 159th, Roberts of the 155th, Mosby of the 83rd, Drenner of the 85th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. Senator Tolleson of the 20th asked unanimous consent that HB 226 be placed on the Table. The consent was granted, and HB 226 was placed on the Table. HB 240. By Representatives Carson of the 46th, Holt of the 112th, Black of the 174th and Evans of the 42nd: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require Medicaid and PeachCare for Kids reimbursement for certain 2936 JOURNAL OF THE SENATE speech-language pathology services; to provide for related matters; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 240, having received the requisite constitutional majority, was passed. Senator Ligon, Jr. of the 3rd was excused for business outside the Senate Chamber. HB 244. By Representatives Nix of the 69th, Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Morgan of the 39th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise certain provisions relating to annual performance evaluations; to provide for the development of evaluation systems for teachers of record, TUESDAY, MARCH 26, 2013 2937 assistant principals, and principals; to provide for confidentiality and exceptions; to provide for the reporting of certain evaluation results to the Professional Standards Commission; to revise provisions relating to annual contracts; to revise provisions for purposes of conformity; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E E Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 244, having received the requisite constitutional majority, was passed. HB 250. By Representative Rice of the 95th: A BILL to be entitled an Act to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the local excise tax on the sale or use of energy, so as to provide for the revision of certain provisions 2938 JOURNAL OF THE SENATE relating to the levy, collection, and administration of such excise tax; to provide for nonapplicability of such tax to certain projects; to provide for procedures, conditions, and limitations; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. Senator Hill of the 6th asked unanimous consent that HB 250 be placed on the Table. The consent was granted, and HB 250 was placed on the Table. HB 276. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Smith of the 70th and Nix of the 69th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset date for certain hazardous waste fees; 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. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 276: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset date for certain hazardous waste fees; to amend Code Section 12-8-39 of the Official Code of Georgia Annotated, relating to solid waste disposal cost reimbursement fees and surcharges, so as to extend the sunset date for certain solid waste disposal surcharges; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, is amended by revising subsection (b) of Code TUESDAY, MARCH 26, 2013 2939 Section 12-8-95, relating to the hazardous waste trust fund, as follows: "(b) The moneys deposited in the hazardous waste trust fund may be expended by the director as follows: (1) For activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment; (2) For emergency actions the director considers necessary to protect public health, safety, or the environment whenever there is a release of hazardous wastes, hazardous constituents, or hazardous substances; (3) For activities of the division associated with the administration of this part, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; (4) In accordance with rules promulgated by the board, for financing of the state and local share of the costs associated with the investigation, remediation, and postclosure care and maintenance of sites placed on the National Priority List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or sites placed on the hazardous site inventory pursuant to Code Section 12-8-97; provided, however, that the director shall ensure that beginning July 1, 2003, and annually in each following year, an amount equal to at least one-half of the sum of annual collections made pursuant to subsection (e) of Code Section 12-839 and appropriated to the department in accordance with subsection (b) of Code Section 12-8-91 shall be available to be used for the purposes of this paragraph; provided, further, that if a county or municipal corporation has been or is the owner of or operator of such site, not less than $500,000 of such costs shall be paid from the hazardous waste trust fund; and (5) For activities administered by the director associated with pollution prevention, including reduction of hazardous wastes generated in the this state; and. (6) Provided that annual appropriations are made to the Department of Natural Resources in accordance with subsection (b) of Code Section 12-8-91, for transfer on an annual basis to the Georgia Hazardous Waste Management Authority in an amount equal to 10 percent of the previous year's payment into the state treasury by the division of fees and penalties pursuant to subsection (e) of Code Section 12-2-2, subsection (e) of Code Section 12-8-39, and Code Section 12-8-95.1. If in any year the fees cease to be collected due to the unencumbered principal balance exceeding $25 million in the hazardous waste trust fund, a transfer of funds shall be made to the Georgia Hazardous Waste Management Authority from the principal of the hazardous waste trust fund equal to the average transfer for the three preceding years. Such transferred funds are to be administered by the chief administrative officer of the Georgia Hazardous Waste Management Authority to fund source reduction and project activities as set forth in Article 4 of this chapter and in accordance with the policies of the board." 2940 JOURNAL OF THE SENATE SECTION 2. Said part is further amended by revising subsection (h) of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, as follows: "(h) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1, 2013 2018." SECTION 3. Code Section 12-8-39 of the Official Code of Georgia Annotated, relating to solid waste disposal cost reimbursement fees and surcharges, is amended by revising subsection (g) as follows: "(g) Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after July 1, 2013 2018." 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 Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Miller Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone Tate Y Thompson, C Y Thompson, S TUESDAY, MARCH 26, 2013 2941 Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch E Jones, E E Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 276, having received the requisite constitutional majority, was passed by substitute. HB 284. By Representatives Pruett of the 149th, Kaiser of the 59th, Mitchell of the 88th, Cooper of the 43rd, Coleman of the 97th and others: A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to enact the "Return to Play Act of 2013"; to require public and private schools which provide youth athletic activities to provide information to parents on the nature and risk of concussion and head injury and to establish concussion management and return to play policies; to require public recreation leagues to provide information to parents on the nature and risk of concussion and head injury; to provide for definitions; to provide for the endorsement of concussion recognition education courses; to provide for limited liability; to provide for related matters; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Miller Y Mullis Y Murphy Y Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 2942 JOURNAL OF THE SENATE N Crane Y Crosby Y Davenport Y Davis N Dugan Y Fort Y Ginn Y Golden Y Gooch Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar 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. HB 284, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Ronnie Chance District 16 236 State Capitol Atlanta, GA 30334 Committees: Appropriations Economic Development Finance Reapportionment and Redistricting Regulated Industries and Utilities Rules Transportation MAJORITY LEADER Mr. Bob Ewing Secretary of Senate 353 State Capitol Atlanta, GA 30334 The State Senate Atlanta, Georgia 30334 March 26, 2013 Mr. Ewing, I am writing to inform you that my voting machine malfunctioned on House Bill 284. I voted yea, however it was registered as a nay vote. I respectfully request that my vote be changed on the official record. Sincerely, /s/ Ronnie Chance TUESDAY, MARCH 26, 2013 2943 HB 296. By Representatives Powell of the 32nd, Ramsey of the 72nd, Talton of the 147th, Jackson of the 128th and Atwood of the 179th: 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 the Department of Revenue to establish certain procedures and to promulgate rules and regulations; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. Senator Mullis of the 53rd asked unanimous consent that HB 296 be placed on the Table. The consent was granted, and HB 296 was placed on the Table. HB 302. By Representatives Broadrick of the 4th, Harden of the 148th, Stephens of the 164th, Parrish of the 158th, Watson of the 166th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to add substances included under Schedule I controlled substances; to add substances included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Senate Sponsor: Senator Carter of the 1st. Senator Carter of the 1st asked unanimous consent that HB 302 be placed on the Table. The consent was granted, and HB 302 was placed on the Table. HB 323. By Representatives Powell of the 32nd, Taylor of the 173rd, Lumsden of the 12th, Glanton of the 75th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles so as to modify the age for operation of certain commercial motor vehicle operators; to amend Code Section 40-1-167, relating to required information on license plates of limousines, so as to modify provisions relating to requirements on limousine license plates; to amend Code Section 44-1-13, relating to the removal of 2944 JOURNAL OF THE SENATE improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, so as to authorize the Department of Public Safety to assess an undetermined application fee for towing companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Harper of the 7th. Senator Harper of the 7th asked unanimous consent that HB 323 be placed on the Table. The consent was granted, and HB 323 was placed on the Table. HB 324. By Representatives Dollar of the 45th, Ramsey of the 72nd, Ehrhart of the 36th and Carter of the 175th: A BILL to be entitled an Act to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to requirements, procedures, and conditions for verification of lawful presence within the United States, so as to provide exemptions for the board of commissioners of the Georgia Student Finance Commission and the board of directors of the Georgia Student Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. Senator Hill of the 32nd offered the following amendment #1: Amend HB 324 (LC 41 0054) by inserting after "Authority;" on line 5 "to prohibit the requirement of certain documents;" and by inserting after "1623." on line 17 "The Georgia Student Finance Commission and the Georgia Student Finance Authority shall not require the submission of the federal Free Application for Federal Student Aid or federal or state income tax returns as a part of an application for a HOPE scholarship." Senator Hill of the 32nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hill of the 32nd amendment #1 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 Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy TUESDAY, MARCH 26, 2013 2945 Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 54, nays 1. HB 324, having received the requisite constitutional majority, was passed. HB 320. By Representatives Harden of the 148th, Smith of the 70th, Tankersley of the 160th, Riley of the 50th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to categorically exempt currently existing and compliant inert waste landfill operations from regulatory permitting; to provide for additional permitting exemptions; to delete a cross-reference; to revise civil penalty provisions; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. Senator Tolleson of the 20th asked unanimous consent that HB 320 be placed on the Table. The consent was granted, and HB 320 was placed on the Table. 2946 JOURNAL OF THE SENATE HB 332. By Representatives Williamson of the 115th, Hamilton of the 24th, Cooper of the 43rd, Watson of the 166th, Williams of the 119th 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 reconstitute the Georgia Board of Nursing; to provide for membership; to provide for appointment of members; to define a certain term; to repeal the Georgia Board of Examiners of Licensed Practical Nurses; to provide effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. Senator Unterman of the 45th asked unanimous consent that HB 332 be placed on the Table. The consent was granted, and HB 332 was placed on the Table. HB 337. By Representatives Fleming of the 121st, Carter of the 175th, Cooper of the 43rd, Coleman of the 97th, Frye of the 118th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler of the 52nd. Senator Hufstetler of the 52nd asked unanimous consent that HB 337 be placed on the Table. The consent was granted, and HB 337 was placed on the Table. HB 338. By Representatives Wilkinson of the 52nd, Stephens of the 164th, Abrams of the 89th, Parrish of the 158th, Carter of the 175th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to clarify the role of arts in economic development and other vital functions to the state; to provide for membership changes; to provide for TUESDAY, MARCH 26, 2013 2947 meetings; to provide for responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. Senator Hill of the 6th asked unanimous consent that HB 338 be placed on the Table. The consent was granted, and HB 338 was placed on the Table. HB 365. By Representatives Hitchens of the 161st, Wilkinson of the 52nd, Atwood of the 179th, Lumsden of the 12th, Watson of the 166th and others: A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to modify the definition of the term "passenger vehicle" to which the safety belt law applies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. Senator Carter of the 1st asked unanimous consent that HB 365 be placed on the Table. The consent was granted, and HB 365 was placed on the Table. HB 366. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Fleming of the 121st, Atwood of the 179th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to clarify the application of provisions relating to disciplining certified officers and the requirements for certification of peace officers; to modify requirements for appointment or certification of persons as peace officers so as to allow for flexibility in taking the basic training examination; to provide for the automatic suspension of officers failing to obtain or report annual training requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. Senator Carter of the 1st asked unanimous consent that HB 366 be placed on the Table. The consent was granted, and HB 366 was placed on the Table. 2948 JOURNAL OF THE SENATE HB 381. By Representatives Hatchett of the 150th, Coomer of the 14th, Nimmer of the 178th, Smith of the 70th, Burns of the 159th and others: A BILL to be entitled an Act to amend Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, organize volunteer services, and cooperate with government entities and civic organizations, so as to revise provisions relative to department creation and operation of a nonprofit corporation; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B E Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Ramsey Seay Y Shafer Y Sims Y Staton Y Stone 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 381, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 26, 2013 2949 The following communication was received by the Secretary: Senator Butch Miller District 49 421-A State Capitol Atlanta, GA 30334 Committees: Transportation Banking and Financial Institutions Appropriations Education and Youth Ethics Rules The State Senate Atlanta, Georgia 30334 Mr. Secretary, Please let the record reflect my favorable vote on HB 240 and HB 381. 3/26/13 Respectfully, /s/ Butch Miller 49 HB 382. By Representatives Powell of the 171st, Lindsey of the 54th, Ehrhart of the 36th, Allison of the 8th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions 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. Senate Sponsor: Senator McKoon of the 29th. Senator Chance of the 16th asked unanimous consent that HB 382 be placed on the Table. The consent was granted, and HB 382 was placed on the Table. HB 393. By Representatives Hamilton of the 24th, Lindsey of the 54th, Carter of the 175th, Hatchett of the 150th, Kirby of the 114th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 34 of the O.C.G.A., relating to the Georgia Workforce Investment Board; to provide for powers and duties of the Georgia Workforce Investment Board; to provide for its meetings 2950 JOURNAL OF THE SENATE and chairperson; to provide for certain priorities of service; to provide for local workforce investment areas; to provide for local workforce investment boards and their composition, officers, meetings, powers, duties, and immunities; to provide for certification and funding and budgets; to provide for contracts and limitations with regard thereto; to provide for sanctions for nonperformance and lack of fiscal responsibility; to provide for the delivery of certain services and limitations thereon; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Beach of the 21st. Senator Chance of the 16th asked unanimous consent that HB 393 be placed on the Table. The consent was granted, and HB 393 was placed on the Table. HB 434. By Representatives Weldon of the 3rd, Willard of the 51st and Jacobs of the 80th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due and interest on such amount; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. Senator Chance of the 16th asked unanimous consent that HB 434 be placed on the Table. The consent was granted, and HB 434 was placed on the Table. HB 446. By Representatives Peake of the 141st, Lindsey of the 54th, Willard of the 51st, England of the 116th, Cooper of the 43rd and others: A BILL to be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for certain additional notice requirements for a proposed ward who resided in another state prior to the submission of a guardianship or conservatorship petition for such proposed ward; to require disclosure in petitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Bethel of the 54th. Senator Chance of the 16th asked unanimous consent that HB 446 be placed on the Table. The consent was granted, and HB 446 was placed on the Table. TUESDAY, MARCH 26, 2013 2951 HB 451. By Representatives Smyre of the 135th, Smith of the 134th, Willard of the 51st, Hugley of the 136th and Pezold of the 133rd: 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 Chattahoochee Judicial Circuit and the Oconee Judicial Circuit; 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 amend an Act entitled "An Act to amend Chapter 6 of Title 15 of the O.C.G.A., relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. Senator Chance of the 16th asked unanimous consent that HB 451 be placed on the Table. The consent was granted, and HB 451 was placed on the Table. HB 480. By Representatives Ballinger of the 23rd, Caldwell of the 131st, Pak of the 108th, Sheldon of the 104th, Abrams of the 89th and others: A BILL to be entitled an Act to amend Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to persons allowed to be present in a courtroom when a person under the age of 16 testifies concerning a sex offense, so as to add victim assistance personnel to the list of persons who may be present in a courtroom when a person under the age of 16 testifies concerning a sex offense; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. Senator Chance of the 16th asked unanimous consent that HB 480 be placed on the Table. The consent was granted, and HB 480 was placed on the Table. HB 482. By Representatives Neal of the 2nd, Hill of the 22nd, Greene of the 151st, Dunahoo of the 30th, Kidd of the 145th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board of Corrections and the Department of Corrections, so as to provide that employees of the Department of Corrections serving as certified peace officers may retain their weapons under certain circumstances; to authorize the Board of Corrections to 2952 JOURNAL OF THE SENATE promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. Senator Chance of the 16th asked unanimous consent that HB 482 be placed on the Table. The consent was granted, and HB 482 was placed on the Table. HB 486. By Representatives Roberts of the 155th, Nimmer of the 178th, Burns of the 159th, Watson of the 172nd, Shaw of the 176th 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 dimensions and weight of vehicles and loads, so as to provide for qualifications for the issuance of annual commercial wrecker emergency tow permits; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. Senator Chance of the 16th asked unanimous consent that HB 486 be placed on the Table. The consent was granted, and HB 486 was placed on the Table. HB 497. By Representatives Tanner of the 9th, Rogers of the 29th, Hamilton of the 24th, Burns of the 159th and Hawkins of the 27th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to revise provisions regarding the numbering and registration of vessels; to revise application procedures and expiration provisions; to revise a provision regarding exclusions and exemptions; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. Senator Chance of the 16th asked unanimous consent that HB 497 be placed on the Table. The consent was granted, and HB 497 was placed on the Table. HB 499. By Representatives Sheldon of the 104th, Lindsey of the 54th, Welch of the 110th, Williamson of the 115th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide that payor guidelines and criteria under federal law shall not establish a TUESDAY, MARCH 26, 2013 2953 legal basis for negligence or a standard of care for medical malpractice; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. Senator Chance of the 16th asked unanimous consent that HB 499 be placed on the Table. The consent was granted, and HB 499 was placed on the Table. HB 506. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th and Pezold of the 133rd: A BILL to be entitled an Act to amend a general Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for terms of office; to provide for filling vacancies in such office; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. Senator Chance of the 16th asked unanimous consent that HB 506 be placed on the Table. The consent was granted, and HB 506 was placed on the Table. HB 517. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Tankersley of the 160th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores and other licensees for the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores and other licensees shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ginn of the 47th. Senator Chance of the 16th asked unanimous consent that HB 517 be placed on the Table. The consent was granted, and HB 517 was placed on the Table. 2954 JOURNAL OF THE SENATE HB 511. By Representatives Dempsey of the 13th, Watson of the 166th, Cooper of the 43rd, Sims of the 123rd, Clark of the 101st and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for a pilot program to provide coverage for bariatric surgical procedures for the treatment and management of obesity and related conditions; to provide for eligibility; to provide for requirements; to provide for a review panel; to provide for an evaluation report on the pilot program; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. Senator Chance of the 16th asked unanimous consent that HB 511 be placed on the Table. The consent was granted, and HB 511 was placed on the Table. HB 238. By Representatives Maxwell of the 17th, Battles of the 15th, Coleman of the 97th, Benton of the 31st, Riley of the 50th and others: A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Public School Employees Retirement System, so as to clarify certain provisions relating to a limitation on the maximum level of retirement benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Sims of the 12th. Senator Chance of the 16th asked unanimous consent that HB 238 be placed on the Table. The consent was granted, and HB 238 was placed on the Table. HB 211. By Representatives Benton of the 31st, Coleman of the 97th, Dickson of the 6th and Frye of the 118th: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of motor fuel excise tax, so as to exempt public school systems from motor fuel excise taxes under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Davis of the 22nd. Senator Chance of the 16th asked unanimous consent that HB 211 be placed on the Table. The consent was granted, and HB 211 was placed on the Table. TUESDAY, MARCH 26, 2013 2955 HB 21. By Representative Oliver of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification of such agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. Senator Chance of the 16th asked unanimous consent that HB 21 be placed on the Table. The consent was granted, and HB 21 was placed on the Table. HR 73. By Representatives Hugley of the 136th, Buckner of the 137th and Smyre of the 135th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. Senate Sponsor: Senator Tate of the 38th. Senator Chance of the 16th asked unanimous consent that HR 73 be placed on the Table. The consent was granted, and HR 73 was placed on the Table. HB 399. By Representatives Knight of the 130th, Hamilton of the 24th, Stephens of the 165th, Kaiser of the 59th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Titles 6 and 48 of the Official Code of Georgia Annotated, relating to aviation and revenue and taxation, respectively, so as to clarify which type of interests in real property may be subject to ad valorem taxation; 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. Senator Chance of the 16th asked unanimous consent that HB 399 be placed on the Table. The consent was granted, and HB 399 was placed on the Table. HR 411. By Representatives Hightower of the 68th and Cooke of the 18th: A RESOLUTION honoring the life of Trooper Lieutenant Joseph "Joey" Keith Boatright and dedicating a bridge in his memory; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. 2956 JOURNAL OF THE SENATE Senator Chance of the 16th asked unanimous consent that HR 411 be placed on the Table. The consent was granted, and HR 411 was placed on the Table. HR 603. By Representatives Dempsey of the 13th, Cooper of the 43rd, Watson of the 166th and Jones of the 53rd: A RESOLUTION directing the Department of Community Health to collect and report certain data relating to bariatric surgical procedures; and for other purposes. Senate Sponsor: Unterman of the 45th. Senator Chance of the 16th asked unanimous consent that HR 603 be placed on the Table. The consent was granted, and HR 603 was placed on the Table. Senator Chance of the 16th moved that the Senate adjourn until 10:00 a.m. Thursday, March 28, 2013. The motion prevailed, and the President announced the Senate adjourned at 6:54 p.m. THURSDAY, MARCH 28, 2013 2957 Senate Chamber, Atlanta, Georgia Thursday, March 28, 2013 Fortieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 272. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to transfer the responsibility for regulation of bingo games and issuance of bingo licenses from the Georgia Bureau of Investigation to the Department of Revenue; to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, so as to provide for certain bingo games for veterans; to provide for definitions; to provide for licensing required to operate bingo games; 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 691. By Senator McKoon of the 29th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the dedication of revenue derived from the regulation of athletic and entertainment events held in this state to be used for certain purposes and not deposited into the general fund; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Rules Committee. 2958 JOURNAL OF THE SENATE SR 692. By Senators McKoon of the 29th and Jones of the 25th: A RESOLUTION proposing an amendment to the Constitution so as to provide for public initiative referendums; to provide for procedures, number of signatures required, verification methods, form of petition, form of ballot question, and other related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Rules Committee. SR 693. By Senator Mullis of the 53rd: A RESOLUTION creating the City of Fort Oglethorpe Charter Study Committee; and for other purposes. Referred to the Rules Committee. The following committee reports were read by the Secretary: Mr. President: The Committee on Assignments has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: Governor's Appointments Confirmed as submitted Respectfully submitted, Chairman Casey Cagle Committee on Assignments, Lt. Governor Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 544 HB 570 HB 609 HB 622 Do Pass Do Pass Do Pass Do Pass HB 569 HB 588 HB 614 HB 623 Do Pass Do Pass Do Pass Do Pass THURSDAY, MARCH 28, 2013 2959 HB 624 HB 628 HB 634 Do Pass Do Pass Do Pass HB 626 HB 633 HB 653 Do Pass Do Pass Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman Senator Jackson of the 2nd asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator 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 Albers of the 56th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson 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 Bethel of the 54th asked unanimous consent that Senator Miller of the 49th be excused. The consent was granted, and Senator Miller was excused. Senator Golden of the 8th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Balfour Beach Bethel Burke Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Dugan Fort Ginn Gooch Harbison Harper Heath Hill, H Hill, Jack Hill, Judson Hufstetler Jackson, B Jackson, L James Jeffares Jones, B Jones, E Ligon Loudermilk Lucas McKoon Mullis Murphy Seay Shafer Sims Staton Stone Tate Thompson, S Tippins Tolleson Unterman Wilkinson 2960 JOURNAL OF THE SENATE Not answering were Senators: Davis Millar (Excused) Ramsey (Excused) Golden (Excused) Miller (Excused) Thompson, C. (Excused) Henson (Excused) Orrock Williams Senator Orrock was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Heath of the 31st introduced the chaplain of the day, Minister David Howard of Bremen, Georgia, who offered scripture reading and prayer. The President introduced the doctor of the day, Dr. Margaret D. Schaufler. The following resolutions were read and adopted: SR 669. By Senator Wilkinson of the 50th: A RESOLUTION recognizing and commending Mrs. Sabrina Garrett; and for other purposes. SR 670. By Senators Hill of the 4th, Williams of the 19th and Carter of the 1st: A RESOLUTION congratulating Canoochee EMC on its 75th anniversary; and for other purposes. SR 671. By Senator Gooch of the 51st: A RESOLUTION commending Sterling Jeffrey Ferris, Lumpkin County High School's 2013 STAR Student; and for other purposes. SR 672. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Don Brock, Lumpkin County High School's 2013 STAR Teacher; and for other purposes. SR 673. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Dustin Keener, White County High School's 2013 STAR Teacher; and for other purposes. THURSDAY, MARCH 28, 2013 2961 SR 674. By Senator Gooch of the 51st: A RESOLUTION commending Nicholas Herrington Romano, Union County High School's 2013 STAR Student; and for other purposes. SR 675. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Mr. Bretton Chatham, Union County High School's 2013 STAR Teacher; and for other purposes. SR 676. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Deborah "Debbie" G. Grimes, Pickens High School's 2013 STAR Teacher; and for other purposes. SR 677. By Senator Gooch of the 51st: A RESOLUTION commending Mollie Anna Shaw, Pickens High School's 2013 STAR Student; and for other purposes. SR 678. By Senators Jackson of the 24th, Loudermilk of the 14th, Harbison of the 15th, Sims of the 12th, Lucas of the 26th and others: A RESOLUTION recognizing and commending Thomas Alexander Crow; and for other purposes. SR 679. By Senator Wilkinson of the 50th: A RESOLUTION recognizing and commending Mr. Ronnie Phillips on the occasion of his retirement; and for other purposes. SR 680. By Senators Tippins of the 37th, Hill of the 32nd, Hill of the 6th, Loudermilk of the 14th, Thompson of the 33rd and others: A RESOLUTION recognizing and commending Ms. Kim Gresh; and for other purposes. SR 681. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION congratulating the Miller Grove High School varsity boys basketball team on winning their fifth consecutive state championship; and for other purposes. 2962 JOURNAL OF THE SENATE SR 682. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending the Newton County College and Career Academy; and for other purposes. SR 683. By Senator Ramsey, Sr. of the 43rd: A RESOLUTION congratulating Captain Calvin "Cal" Flanigan of Conyers, Georgia, on his retirement from Delta Air Lines after 45 years of service without missing a day; and for other purposes. SR 684. By Senator Millar of the 40th: A RESOLUTION recognizing and commending Chamblee Charter High School and Chamblee Middle School for their outstanding achievements in German language instruction and learning; and for other purposes. SR 685. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Judge Charles D. "Donny" Peppers, Sr., on the occasion of his retirement; and for other purposes. SR 686. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Ms. Verenice Hawkins on the occasion of her retirement; and for other purposes. SR 687. By Senator James of the 35th: A RESOLUTION recognizing and commending Alice Jackson; and for other purposes. SR 688. By Senator James of the 35th: A RESOLUTION congratulating and commending Ebenezer African Methodist Episcopal Church on its 146th anniversary; and for other purposes. SR 689. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Ms. Salli Rees on the occasion of her retirement; and for other purposes. THURSDAY, MARCH 28, 2013 2963 SR 690. By Senators Hill of the 4th and Burke of the 11th: A RESOLUTION recognizing and commending Dr. Don R. Connell on the occasion of his retirement; and for other purposes. SR 694. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Mr. Stan Cooper on the occasion of his retirement; and for other purposes. SR 695. By Senator Carter of the 42nd: A RESOLUTION recognizing the 50th anniversary of Gideon v. Wainwright; and for other purposes. SR 696. By Senator Gooch of the 51st: A RESOLUTION commending Haley Elise Aponte, Woody Gap High School's 2013 STAR Student; and for other purposes. SR 697. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Gary Butler, Woody Gap High School's 2013 STAR Teacher; and for other purposes. SR 698. By Senator Orrock of the 36th: A RESOLUTION honoring the life and memory of Betty Irene Ridderhoff; and for other purposes. SR 699. By Senator Tolleson of the 20th: A RESOLUTION commending the Board of Regents of the University System of Georgia for consolidating Macon State College and Middle Georgia College; and for other purposes. SR 700. By Senators Hill of the 4th and Stone of the 23rd: A RESOLUTION recognizing and commending the East Georgia State College mens basketball team on their outstanding 2012-2013 season; and for other purposes. 2964 JOURNAL OF THE SENATE SR 701. By Senators Hill of the 4th and Stone of the 23rd: A RESOLUTION congratulating Dr. Paul Cerpovicz; and for other purposes. SR 702. By Senator Hill of the 4th: A RESOLUTION recognizing and commending Dr. Hudson Powell, Jr.; and for other purposes. Senator Loudermilk of the 14th was excused as a Conferee. The following legislation, favorably reported by the committees, as listed on the Consent Calendar for Resolutions, was put upon its adoption: CONSENT CALENDAR FOR RESOLUTIONS THURSDAY, MARCH 28, 2013 FORTIETH LEGISLATIVE DAY SR 71 Congress; urged to enact the FairTax (RULES-32nd) SR 72 Senate State FairTax Study Committee; create (FIN-32nd) SR 203 Dick Pettys Senate Press Conference Room; designate (Substitute) (RULES-48th) SR 228 Health Insurance; requesting the repeal of the $100 billion federal sales tax imposed by Affordable Care Act (RULES-48th) SR 247 Senate Expungement Reform Study Committee; create (RULES-29th) SR 331 Federal, State, and Local Government Agencies; urged not to contract with persons/businesses engaged in investment activities in Iran (Substitute) (RULES-22nd) SR 340 Independent Physician Practices in Georgia; create senate study committee (RULES-45th) SR 345 Senate Select Alternative Funding for Medicaid and Other Health Care Federal Funding Committee; create (Substitute)(RULES-29th) SR 423 Georgia's Congressional Delegation, Congress, and President Obama; request immediately resolve the national debt crisis (RULES-29th) THURSDAY, MARCH 28, 2013 2965 SR 427 Brewpubs and Alcoholic Beverages Tastings; create Senate Study Committee (RULES-27th) SR 499 Senate Free Hunting and Fishing Licenses for Veterans Study Committee; create (RULES-26th) SR 502 Southern Alliance for Clean Energy (NR&E-2nd) SR 531 Transportation, GA Dept. of; maximize the use of funding mechanisms aimed at reducing diesel emissions (NR&E-20th) SR 597 Georgia Program Integrity Senate Study Committee; create (RULES-32nd) SR 598 Senate Public-Private Partnership Study Committee; create (RULES-6th) SR 618 Senate Study Committee on Public Transportation in the Metropolitan Atlanta Region; create (RULES-21st) SR 623 Senate Select Study Committee on Erin's Law; create (RULES-29th) SR 629 U.S. Congress; encouraged to develop/implement a practical plan; international borders (RULES-29th) HR 46 Pierce Lovett Cline Memorial Bridge; Newton County; dedicate (Substitute) (TRANS-51st) Holt-112th HR 107 Joint Study Committee on Medicaid Reform; create (RULES-45th) Sheldon-104th HR 502 Joint Study Committee on Mental Health and School Violence; create (Substitute)(RULES-51st) Tanner-9th Senator Thompson of the 33rd objected to SR 71, which was on the Consent Calendar, and asked that it be voted on individually. Senator Fort of the 39th objected to SR 228, which was on the Consent Calendar, and asked that it be voted on individually. Senator Butler of the 55th objected to SR 72, which was on the Consent Calendar, and asked that it be voted on individually. Senator Tate of the 38th objected to SR 423, which was on the Consent Calendar, and asked that it be voted on individually. 2966 JOURNAL OF THE SENATE Senator Thompson of the 5th objected to SR 629, which was on the Consent Calendar, and asked that it be voted on individually. The substitute to the following resolution was put upon its adoption: *SR 203: The Senate Rules Committee offered the following substitute to SR 203: A RESOLUTION Honoring the memory of Mr. Dick Pettys, expressing regret at his passing, and directing placement of a plaque in his honor; and for other purposes. WHEREAS, news of the passing of Mr. Dick Pettys, longtime political reporter who covered the state capitol beat for the Associated Press for more than three decades, is received with deep regret by this body; and WHEREAS, the life led by this distinguished gentleman of 66 years rendered his name dear to the hearts of his family, friends, and fellow citizens alike; and WHEREAS, the acknowledged "dean" of the capitol press corps, Mr. Pettys had a reputation for evenhanded reporting and was a well-respected mentor to other reporters; and WHEREAS, he came to the state capitol in 1970 as a young man in his mid-twenties, just as then-Governor Lester Maddox was finishing up his term; and WHEREAS, throughout his career, Mr. Pettys kept an eye on those in power, holding them accountable for their actions; yet even when those officials he covered did not like what he reported, they knew him to be fair; and WHEREAS, after retiring from the Associated Press, Mr. Pettys worked for several years as the chief editor for InsiderAdvantage, an online political report, and had recently retired to a log cabin in north Georgia; and WHEREAS, while in life he commanded the esteem of his fellow Georgians, in his death we mingle our sympathies with the grief of his family, friends, and fellow citizens. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body honor the memory of Mr. Dick Pettys and express their regret at his passing. BE IT FURTHER RESOLVED that a plaque honoring Mr. Dick Pettys shall be placed inside and outside of the glass in the Senate chamber press box. THURSDAY, MARCH 28, 2013 2967 BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Mr. Dick Pettys. On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 331: The Senate Rules Committee offered the following substitute to SR 331: A RESOLUTION Urging federal, state, and local government agencies not to contract with persons or businesses that are engaged in investment activities in Iran; and for other purposes. WHEREAS, Congress and the President have determined that the illicit nuclear activities of the government of Iran, combined with its development of unconventional weapons and ballistic missiles and its support of international terrorism, represent a serious threat to the security of the United States, Israel, and other United States allies in Europe, the Middle East, and around the world; and WHEREAS, the International Atomic Energy Agency has repeatedly called attention to Iran's unlawful nuclear activities, and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the government of Iran to cease those activities and comply with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons; and WHEREAS, on July 1, 2010, President Barack Obama signed into law H.R. 2194, the "Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010" (Public Law 111-195), which expressly authorizes states and local governments to prevent investment in, including prohibiting entry into or renewing contracts with, companies operating in Iran's energy sector with investments that have the result of directly or indirectly supporting the efforts of the government of Iran to achieve nuclear weapons capability; and WHEREAS, the serious and urgent nature of the threat from Iran demands that states, local governments, and private institutions work together with the federal government and American allies to do everything possible diplomatically, politically, and economically to prevent Iran from acquiring nuclear weapons capability; and 2968 JOURNAL OF THE SENATE WHEREAS, respect for human rights in Iran has steadily deteriorated as demonstrated by transparently fraudulent elections and the brutal repression and murder, arbitrary arrests, and show trials of peaceful dissidents; and WHEREAS, the concerns of this state and the members of the General Assembly regarding Iran are strictly the result of the actions of the government of Iran and should not be construed as enmity towards the Iranian people; and WHEREAS, in order to effectively address the need for this state to respond to the policies of Iran in a uniform fashion, prohibiting contracts with persons engaged in investment activities in the energy sector of Iran must be accomplished on a state-wide basis. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge federal, state, and local government agencies not to contract with persons or businesses that are engaged in investment activities in Iran, unless otherwise permitted by federal law. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to each member of the Georgia congressional delegation, Governor Nathan Deal, the executive director of the Georgia Association of County Commissioners, and the executive director of the Georgia Municipal Association. On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted. The substitute to the following resolution was put upon its adoption: *SR 345: The Senate Rules Committee offered the following substitute to SR 345: A RESOLUTION Creating the Senate Select Alternative Funding for Medicaid and Other Health Care Federal Funding Committee; and for other purposes. WHEREAS, dependence on federal health care funding can adversely affect the state budget, if the source of federal health care funding is lessened or eliminated; and WHEREAS, identifying the areas and amounts of federal health care funds used to assist in balancing the budget of the State of Georgia is essential before a plan to offset the effects of a decrease or elimination of federal health care funding occurs; and THURSDAY, MARCH 28, 2013 2969 WHEREAS, it would be beneficial to study the most effective way to manage the state budget and develop a plan for Georgia in the event of a loss of significant amounts of federal health care funds. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Select Alternative Funding for Medicaid and Other Health Care Federal Funding Committee to be composed of nine members as follows: (1) Four members of the Senate, including members from different political parties, appointed by the Lieutenant Governor; (2) A representative of a nonprofit or charitable organization appointed by the Governor; (3) A representative of an advocacy organization focused on state and federal fiscal matters appointed by the Governor; (4) A representative of the Senate Budget Office appointed by the Lieutenant Governor; (5) A representative of the Office of Treasury and Fiscal Services appointed by the Governor; and (6) The chairperson of the Senate Appropriations Committee. The President of the Senate shall designate a chairperson from among the Senate appointees. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive study of the percentage of the state budget for health care that is funded by federal money, and the effects on the state budget if federal fiscal policy necessitates a significant reduction in or elimination of federal funding for health care for state governments. The committee shall create a plan to address the loss of federal money, including federal Medicaid matching money and other health care funding, and maintain benefit programs and other essential state services if federal fiscal policy necessitates a significant reduction in or elimination of federal funding for state governments. The committee shall also include in its final report any recommendations for changes to state law. The committee may conduct its meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees from the funds appropriated to the Senate but shall receive the same for not more than five days unless additional days are authorized. The committee is directed to make a report of its findings and recommendations, with suggestions for proposed legislation, if any, not later than December 1, 2013. The committee shall stand abolished on December 1, 2013. On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted. 2970 JOURNAL OF THE SENATE The substitute to the following resolution was put upon its adoption: *HR 46: The Senate Transportation Committee offered the following substitute to HR 46: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, the State of Georgia lost a visionary, a gentleman, and a generous and kind man with the passing of Mr. Pierce Lovett Cline on November 3, 2012; and WHEREAS, a community leader, Mr. Cline played a large role in establishing a campus of Georgia Perimeter College in Newton County; and WHEREAS, through his real estate development company, Cline Land Company, Mr. Cline was responsible for developing several high quality neighborhoods; and WHEREAS, Mr. Cline was an avid supporter of Project Adventure, an education program for troubled teens, and his work has changed the lives of countless children in Newton County and throughout Georgia; and WHEREAS, a graduate of Oxford College, Mr. Cline's legacy was recognized with the school's lifetime achievement award, the R. Carl Chandler Award; and WHEREAS, he was united in love and marriage to his supportive wife, Margie, for 54 wonderful years and was blessed with three remarkable children, Carol, Charles, and Paul, six grandchildren, and one great-grandchild; and WHEREAS, Mr. Cline'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, Melvin Ernest Thompson was born on May 1, 1903, in Millen, Georgia, the beloved son of Eva Inez Edenfield Thompson and Henry J. Thompson; and THURSDAY, MARCH 28, 2013 2971 WHEREAS, Governor Thompson earned a bachelor's degree from Emory University and a master's degree from the University of Georgia; and WHEREAS, he began his career in the field of education as a principal and coach at Emanuel County Institute, served as superintendent for the Hawkinsville Public School System, worked as a state school supervisor and an assistant state superintendent of schools, and served as secretary of the Executive Department under Governor Ellis Arnall; and WHEREAS, after a two-year term as the state revenue commissioner, Governor Thompson was elected to this state's highest office in 1947; and WHEREAS, during Governor Thompson's tenure as governor, the University of Georgia's veterinary medical school and the Georgia Institute of Technology's engineering building were constructed, educators received salary increases, and the state purchased Jekyll Island, which was turned into a successful, year-round public resort; and WHEREAS, Governor Thompson was instrumental in the success of the City of Valdosta and Lowndes County, where his leadership as a founding member of the ValdostaLowndes County Industrial Authority spearheaded much of the urban development and planning for Valdosta and the surrounding areas, including the Azalea City Industrial Park; and WHEREAS, a community leader and advocate, Governor Thompson served as chairman of the Education Committee for the Trade School Development Committee, president of the Valdosta Rotary Club, and a member of Kappa Phi Kappa, Kappa Delta Phi, WOW, Civitan, and Shriners; and WHEREAS, Governor Thompson was united in love and marriage to his wife, Ann Newton Thompson, and he was blessed with a remarkable son, Melvin Ernest Thompson, Jr., and five grandchildren; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory. PART III WHEREAS, South Georgia is one of the few areas remaining in the United States where there are miles of rural landscape, historic small towns, and abundant agricultural operations; and WHEREAS, the promotion of agri-tourism represents a readily available and effective tool with which to spur economic development; and 2972 JOURNAL OF THE SENATE WHEREAS, the portions of highways to be included in Georgia Grown Trail: 37 wind through miles of centennial and family owned farms; pristine hunting plantations and unique lodging; u-pick farms, farm stands, and hands-on educational farm experiences; farm to table restaurants and establishments dedicated to preserving and sharing local recipes and traditions; and time-honored and progressive crops and farming techniques; and WHEREAS, dedication of this route as a scenic highway will promote economic wellbeing through agri-tourism. PART IV WHEREAS, William Everett Bennett was born and raised in Forsyth County and graduated from Cumming High School; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army as an instructor in the Officers School at Fort Knox, Kentucky; and WHEREAS, Mr. Bennett served as chairman of the board for LEADER, a local teen safe driving education organization, as well as the Court Appointed Special Advocates of Forsyth County, and he was a program advocate for the Forsyth County Certified Literacy Community; and WHEREAS, Mr. Bennett served on the Georgia Baptist Healthcare System Board of Directors, where he was instrumental in the purchase of the old Lakeside Hospital and its conversion to Baptist North Hospital; on the board of visitors for Georgia Baptist College of Nursing at Mercer University; and on the Hawaii Baptist Academy Board of Directors; and WHEREAS, Mr. Bennett continued in generous service to the community by providing a complimentary meeting space located on the campus of Baptist Medical Center, now known as Northside Hospital-Forsyth, and the Everett and Teresa Bennett Education Center is host to countless assemblies that benefit the community in ways beyond measure; and WHEREAS, Mr. Bennett championed and advocated for the ongoing expansion of the health care architecture in Forsyth County through his service on the Northside Hospital Foundation Board, and his legacy as a staunch supporter for bringing quality health care services to Forsyth County will benefit the citizens of that region for generations; and WHEREAS, he was a member of the Rotary Club of Johns Creek and received numerous honors, including the Lee Arrendale Award and being named a multiple Paul Harris Fellow, a Will Watt Fellow, and a Hue Thomas Fellow; and THURSDAY, MARCH 28, 2013 2973 WHEREAS, a man of deep and abiding faith, Mr. Bennett was an active member of Johns Creek Baptist Church where he served as a deacon emeritus; 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. Bennett 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; and WHEREAS, it is fitting and proper to dedicate the intersection of Georgia Route 400 and State Route 141 in Forsyth County as the William Everett Bennett Memorial Interchange as an appropriate tribute to this outstanding Georgian. PART V WHEREAS, Mr. William E. "Billy" Hubbard 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, Mr. Hubbard dedicated 36 years to Norfolk Southern Railway Company in Gordon, Georgia, and rose to the rank of Track Supervisor and Track Inspector; and WHEREAS, in the early 1960's, Mr. Hubbard helped supervise the installation of long heavy welded track for coal movement between Birmingham, Alabama, and Georgia Power's Lake Sinclair Power Plant; and WHEREAS, he has been instrumental in assisting negotiations between the railroad and the City of Gordon on several projects and assisted the city in obtaining a copy of an original photograph of the first president of the Central Georgia Railroad and the city's namesake, William Washington Gordon, which was used in painting two portraits that hang in city buildings; and WHEREAS, an active community leader, Mr. Hubbard served two terms with the Ivey City Council, is a 32 degree Mason with Gordon Mason Lodge # 240, and is a member of Gordon United Methodist Church and life member of American Railway Engineering; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of two bridges in his honor. 2974 JOURNAL OF THE SENATE PART VI WHEREAS, the State of Georgia lost one of its finest citizens and with the passing of Mr. K.S. "Bubba" Nobles, Jr.; and WHEREAS, a native of Twiggs County, Georgia, Mr. Nobles was a lifelong farmer and known around town as an unofficial veterinarian, often called upon by neighbors to help birth livestock or assist sick or injured animals; and WHEREAS, Mr. Nobles also served as a county school bus driver for many years and ran a barbershop at night and on weekends, which was known as a great gathering place for 30 years; and WHEREAS, he was united in love and marriage to Lois T. Nobles for 60 wonderful years and was the beloved father of nine remarkable children; and WHEREAS, a leader of his community, Mr. Nobles worked on campaigns of many local candidates, served on the Georgia Eighth Congressional District Advisory Council, was on the Board of Trustees at Twiggs Academy, and served as president of the Democratic Party of Twiggs County for a number of years; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of a bridge in his honor. PART VII WHEREAS, Mr. Jones Daniel Brooks, Mr. James Joe Brooks, and Mr. Freeman Charles Brooks have long been recognized by the citizens of this state for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, the Brooks brothers were born to James Joe Brooks, Sr., and Lessie Jones Brooks in Gordon, Georgia, where they have continued to live their entire lives; and WHEREAS, the Brooks brothers dedicated a total of 111 years to the Central of Georgia, the Southern, and the Norfolk Southern Railway companies, each rising to the position of engineer; and WHEREAS, Mr. James Joe Brooks, Jr., known as J.J. Brooks, was the first Brooks brother to enter the railroad business, working from 1937 to 1981; and WHEREAS, J.J. Brooks served as sergeant and engineer with the Railroad Battalion in India during World War II and was the last engineer for the famous passenger train the Nancy Hanks, which traveled from Savannah to Atlanta and back on a daily basis; and THURSDAY, MARCH 28, 2013 2975 WHEREAS, Mr. Jones Daniel Brooks, known as J.D. Brooks, worked from 1940 to 1974, starting with his first job shoveling coal on a steam locomotive and serving as an engineer with the Railroad Battalion in France during World War II, for which he received several honors; and WHEREAS, Mr. Freeman Charles Brooks, known as F.C. Brooks, worked from 1950 to 1983, and saved a man's life in Griswoldville, Georgia, after applying the emergency brake and crawling onto the front step of the moving train to wave the man to safety; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be recognized with the naming of two bridges in their honor. PART VIII WHEREAS, Colonel Benjamin H. and Anne Grant Purcell are natives of Northeast Georgia and attended North Georgia College; and WHEREAS, Colonel Purcell served as a guardian of this nation's freedom and liberty with the United States Army for over 30 years and has been recognized with numerous decorations for his service and heroism, including the Silver Star with Oak leaf Cluster, the Legion of Merit with Oak Leaf Cluster, the Bronze Star with Oak Leaf Cluster, and the Purple Heart; and WHEREAS, after his helicopter was shot down during a combat tour in Vietnam, Colonel Purcell was captured by the Viet Cong and spent 62 months as a prisoner of war, making him the highest ranking Army P.O.W. held in Vietnam; and WHEREAS, during Colonel Purcell's captivity, Mrs. Purcell worked tirelessly to raise awareness of the plight of American missing and captive soldiers and became a founding member of the National League of Families of Prisoners of War and Men Missing in Southeast Asia; and WHEREAS, in recognition of her unwavering service to missing and captive service personnel, all while raising the couple's five children, Mrs. Purcell was honored as Fort Benning's Military Wife of the Year in 1971; and WHEREAS, upon his return to Georgia and the conclusion of his military career, Colonel Purcell continued to serve his community and this state as a Representative for the Georgia General Assembly, a member of the Georgia State Veterans Services Board, a member of the board of directors for the Habersham County Chamber of Commerce, and a deacon for Bethlehem Baptist Church in Clarkseville; and 2976 JOURNAL OF THE SENATE WHEREAS, this amazing and inspiring couple coauthored a book, Love and Duty, which recounts their experiences during the Vietnam War, and they have appeared on numerous radio and television talk shows to share their story of love, faith, and courage; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized. PART IX WHEREAS, the State of Georgia lost one of its most promising young citizens with the tragic passing of Leanna Nicole Craft on November 23, 1997; and WHEREAS, Leanna was born on September 23, 1981, in Thomaston, Georgia, and was the beloved daughter of William and Alida Craft and cherished sister of Melissa Beth Craft; and WHEREAS, a leader at Upson-Lee High School, Leanna served as a student council representative and was a member of the National Honor Society, the Beta Club, the YClub, and the Fellowship of Christian Athletes; and WHEREAS, Leanna was a dedicated and talented athlete, earning letters as a member of both the softball team and tennis team, and lighting up the dance floor as a member of the U-L Knights Dance Line; and WHEREAS, Leanna cared about her church and community, being selected for the 1998 class of Youth Leadership Upson, serving as a Little Sister for the Junior Miss Pageant, and participating in local summer mission trips; and WHEREAS, a generous and passionate young woman, Leanna will long be remembered for her love of family and friendship, and this loyal daughter, sister, and friend is deserving of an intersection named in her honor. PART X WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, Major W. David Gray was raised in Walton County, Georgia, and was a 1992 graduate of Loganville High School; and WHEREAS, Major Gray served as a guardian of this nation's freedom and liberty with the United States Air Force and was a member of the 13th Air Support Operations Squadron; and THURSDAY, MARCH 28, 2013 2977 WHEREAS, he was stationed in Afghanistan supporting Operation Enduring Freedom when he was killed by a suicide bomb in the Kunar province; and WHEREAS, Major Gray demonstrated a deep personal commitment to protecting democracy and gave the ultimate sacrifice to ensure the well-being of his fellow man; and WHEREAS, it is important that fallen soldiers 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, Major Gray embodied the spirit of service and found meaning in something greater than himself, and it is abundantly fitting and proper that the sacrifice of this remarkable and distinguished American be honored appropriately. PART XI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Mr. Pleasant Eugene Holt on April 18, 1908; and WHEREAS, Mr. Holt was the town marshall of Villa Rica and was the father of seven children; and WHEREAS, this dedicated law enforcement officer's life was cut short after he was shot attempting to arrest a drunk man who was shooting in the streets of Villa Rica; and WHEREAS, Mr. Holt exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is only fitting and proper that a road be dedicated in his memory. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 11 over Interstate 20 in Newton County is dedicated as the Pierce Lovett Cline Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 in Lowndes County from the West Hill Avenue exit to the North Valdosta Road exit is dedicated as the Governor Melvin Ernest Thompson Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 37 from Homerville to the Alabama state line and the portion of State Route 76 from Nashville in Berrien County to the Florida state line in Brooks County are dedicated as the Georgia Grown Trail: 37. 2978 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED AND ENACTED that the intersection of Georgia Route 400 and State Route 141 in Forsyth County is dedicated as the William Everett Bennett Memorial Interchange. BE IT FURTHER RESOLVED AND ENACTED that the eastbound and westbound bridges on the Fall Line Freeway at NeSmith Road between the City of Ivey and U.S. 441 in Wilkinson County are dedicated as the William E. "Billy" Hubbard Bridges. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Ga. 358 over Interstate 16 in Twiggs County is dedicated as the K.S. "Bubba" Nobles, Jr., Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the eastbound and westbound bridges on the Fall Line Freeway over the railroad, located between Highway 18 and Highway 57 in Wilkinson County, are dedicated as the Brooks Brothers' Bridges. BE IT FURTHER RESOLVED AND ENACTED that State Route 197 in Habersham County from mile marker 5 to milepost 16.84 is dedicated as the Colonel Benjamin H. and Anne Purcell Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 42 and Highway 74 in Monroe County is dedicated as the Leanna Nicole Craft Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia Highway 20 in Walton County from its intersection with Highway 78 in Loganville to the Rockdale County line is dedicated as the Major W. David Gray Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 101 in Paulding County from the Paulding/Carroll county line to State Route 120 is dedicated as the Pleasant Eugene Holt Memorial Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation; to Mr. William E. "Billy" Hubbard; to Mr. Jones Daniel Brooks, Mr. James Joe Brooks, and Mr. Freeman Charles Brooks; to Colonel Benjamin H. and Anne Grant Purcell; and to the families of Mr. Pierce Lovett Cline, Governor Melvin Ernest Thompson, Mr. William Everett Bennett, Mr. K.S. "Bubba" Nobles, Jr., Leanna Nicole Craft, Major W. David Gray, and Mr. Pleasant Eugene Holt. On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted. THURSDAY, MARCH 28, 2013 2979 The substitute to the following resolution was put upon its adoption: *HR 502: The Senate Rules Committee offered the following substitute to HR 502: A RESOLUTION Creating the Joint Study Committee on Mental Health Access; and for other purposes. WHEREAS, during recent months, the citizens of this state have been saddened by tragedies that have taken the lives of many innocent people; and WHEREAS, many of these acts of violence have occurred in schools and communities and caused increased concern for the safety of our children; and WHEREAS, many of these tragedies were committed by individuals who may have had mental illnesses; and WHEREAS, a variety of factors contribute to many people with mental illnesses not receiving adequate treatment, including stigma, limited public resources and workforce challenges, and limited awareness of available services; and WHEREAS, the state mental health system was historically based around institutions and is transitioning to a community based model that must maintain adequate funding and other resources to ensure easy access for individuals in need; and WHEREAS, a significant number of the individuals incarcerated in our jails and prisons have untreated mental illnesses which are exacerbated by their abuse of drugs, the effect of prescription drugs, their failure to take prescribed medication, or a combination of such factors; and WHEREAS, the courts have undertaken efforts to deal with this situation through the HELP courts, but this is a new and developing area in this state; and WHEREAS, efforts need to be undertaken to ensure the safety of our schools and communities but not at the cost of the loss of the liberties guaranteed by the Constitution of the United States; and WHEREAS, a study of the efforts in treating mentally ill individuals in this state needs to be undertaken with a focus on examining community infrastructure, crisis services, provision of services across the life span from youth to older adults, geographic gaps and diversity, workforce needs, provider network development and accountability, funding 2980 JOURNAL OF THE SENATE and the need to keep dollars within the system as we transition away from hospital based delivery models of treatment, and support services. NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY that there is created the Joint Study Committee on Mental Health Access to be composed of nine members, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one of whom shall be appointed from the minority party; three members of the Senate to be appointed by the Lieutenant Governor, one of whom shall be appointed from the minority party; and three members to be appointed by the Governor. The Speaker of the House of Representatives shall designate one of the appointees from the House of Representatives as a cochairperson, and the Lieutenant Governor shall designate one of the appointees from the Senate as a cochairperson. The committee shall meet at the call of the cochairpersons. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. Nonlegislative members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the committee who are state officials or employees, other than legislative members, shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available in their respective departments. All other funds necessary to carry out the provisions of this part shall come from funds appropriated to the House of Representatives and the Senate. All agencies of the state are directed to provide the committee with such assistance as the committee shall require to perform its assigned duties. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2013. The committee shall stand abolished on December 31, 2013. On the adoption of the substitute, the yeas were 49, nays 0, and the committee substitute was adopted. THURSDAY, MARCH 28, 2013 2981 The report of the committee, which was favorable to the adoption of the legislation as reported, was agreed to. On the adoption of the legislation on the Consent Calendar for Resolutions, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the legislation, the yeas were 49, nays 0. The legislation on the Consent Calendar for Resolutions, except SR 203, SR 331, SR 345, HR 46, and HR 502, having received the requisite constitutional majority, was adopted. SR 203, SR 331, SR 345, HR 46, and HR 502, having received the requisite constitutional majority, were adopted by substitute. The following legislation, having been removed from the Consent Calendar for Resolutions was continued upon its adoption: SR 71. By Senators Hill of the 32nd, Gooch of the 51st, McKoon of the 29th, Hill of the 6th, Dugan of the 30th and others: A RESOLUTION urging Congress to enact the FairTax and expressing the State of Georgia's commitment to ratify the repeal of the Sixteenth Amendment and to conform the existing state tax code accordingly; and for other purposes. 2982 JOURNAL OF THE SENATE The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon C Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate 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 38, nays 16. SR 71, having received the requisite constitutional majority, was adopted. The following legislation, having been removed from the Consent Calendar for Resolutions was continued upon its adoption: SR 72. By Senators Hill of the 32nd, McKoon of the 29th, Gooch of the 51st, Chance of the 16th, Dugan of the 30th and others: A RESOLUTION creating the Senate State FairTax Study Committee; to provide for duties and responsibilities of the committee; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 28, 2013 2983 Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L James Y Jeffares Y Jones, B N Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Ramsey N Seay Y Shafer N Sims Y Staton Y Stone N Tate 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 41, nays 13. SR 72, having received the requisite constitutional majority, was adopted. The following legislation, having been removed from the Consent Calendar for Resolutions was continued upon its adoption: SR 228. By Senators Shafer of the 48th, McKoon of the 29th, Hill of the 32nd, Albers of the 56th, Loudermilk of the 14th and others: A RESOLUTION requesting the repeal of the $100 billion federal sales tax on health insurance imposed by the Affordable Care Act; 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 Beach Y Bethel Y Burke N Harbison Y Harper Y Heath N Henson Y Hill, H Y Miller Y Mullis Y Murphy N Orrock N Ramsey 2984 JOURNAL OF THE SENATE N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L James Y Jeffares Y Jones, B N Jones, E Y Ligon C Loudermilk N Lucas Y McKoon Y Millar N Seay Y Shafer N Sims Y Staton Stone N Tate 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 35, nays 16. SR 228, having received the requisite constitutional majority, was adopted. The following legislation, having been removed from the Consent Calendar for Resolutions was continued upon its adoption: SR 423. By Senators McKoon of the 29th, Millar of the 40th, Carter of the 42nd, Shafer of the 48th, Chance of the 16th and others: A RESOLUTION requesting that Georgia's Congressional delegation, Congress as a whole, and President Obama immediately resolve our national debt crisis with a bipartisan, balanced, comprehensive, long-term solution; 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims THURSDAY, MARCH 28, 2013 2985 Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Jackson, B N Jackson, L James Y Jeffares Y Jones, B N Jones, E Y Ligon C Loudermilk Lucas Y McKoon Y Millar Staton Y Stone N Tate N Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the adoption of the resolution, the yeas were 37, nays 12. SR 423, having received the requisite constitutional majority, was adopted. Senator James of the 35th was excused for business outside the Senate Chamber. The following legislation, having been removed from the Consent Calendar for Resolutions was continued upon its adoption: SR 629. By Senators McKoon of the 29th, Bethel of the 54th and Stone of the 23rd: A RESOLUTION encouraging the United States Congress to develop and implement a practical plan to secure our country's international borders and appropriate adequate funds for that purpose; 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 Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Miller Y Mullis Y Murphy N Orrock Y Ramsey Y Seay Y Shafer N Sims Y Staton Y Stone Tate 2986 JOURNAL OF THE SENATE Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jeffares Y Jones, B N Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Millar N Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the adoption of the resolution, the yeas were 44, nays 4. SR 629, having received the requisite constitutional majority, was adopted. The following communication was received by the Secretary: Senator Curt Thompson District 5 121-I State Capitol Atlanta, GA 30334 Committees: Special Judiciary Judiciary Non-Civil Appropriations Ethics Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 3/28/13 I request to be recorded as a yes vote on SR 629 per my parliamentary inquiry that was made during consideration of this resolution. /s/ Curt Thompson 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 28, 2013 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 544 HB 569 HB 570 THURSDAY, MARCH 28, 2013 2987 Loudermilk of the 14th Albers of the 56th Beach of the 21st CHEROKEE COUNTY A BILL to be entitled an Act to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4295), so as to provide that candidates for the board of commissioners shall have resided within the respective district from which they seek election for a period of at least 12 months immediately preceding their election; to provide for related matters; to provide contingent effective dates; to repeal conflicting laws; and for other purposes. Lucas of the 26th Jones of the 25th Staton of the 18th STATE COURT OF BIBB COUNTY A BILL to be entitled an Act to amend an Act establishing the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. L. 1884-85, p. 470), as amended, so as to provide an additional judge for said court; to provide for the initial appointment of such additional judge by the Governor; to provide for the election and terms of office for the judges of said court; to provide for a chief judge of said court; to provide for the compensation of the judges of said court; to provide for the selection, terms of office, and compensation of the solicitor-general of said court; to provide for related matters; to repeal conflicting laws; and for other purposes. Lucas of the 26th Jones of the 25th Staton of the 18th CIVIL SERVICE BOARD FOR BIBB COUNTY A BILL to be entitled an Act to amend an Act providing for a Civil Service System and a Civil Service Board for Bibb County, approved March 9, 1955 (Ga. L. 1955, p. 682), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 750), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4099), so as to define a certain term; to provide for an award of an attorney's fee 2988 HB 588 HB 609 HB 614 JOURNAL OF THE SENATE under certain conditions; to repeal conflicting laws; and for other purposes. Tippins of the 37th Hill of the 6th Thompson of the 33rd Loudermilk of the 14th Hill of the 32nd Tate of the 38th PROBATE COURT OF COBB COUNTY A BILL to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved May 1, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy sheriff, the assistant chief deputy, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th CITY OF DEMOREST A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Demorest," approved May 5, 2006 (Ga. L. 2006, p. 4301), as amended, so as to provide that the corporate limits of such city shall include certain property; to provide 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. Millar of the 40th Henson of the 41st Butler of the 55th Davenport of the 44th Jones of the 10th Carter of the 42nd Ramsey, Sr. of the 43rd DEKALB COUNTY A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District HB 622 HB 623 HB 624 THURSDAY, MARCH 28, 2013 2989 Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3549), so as to provide a definition for the governing authority of the City of Brookhaven; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for cooperation of the district with the City of Brookhaven; to provide for powers of the district board; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes. Sims of the 12th BOARD OF EDUCATION QUITMAN COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th CITY OF COMMERCE A BILL to be entitled an Act to create the City of Commerce Public Facilities Authority; to provide for a short title and legislative findings; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes Sims of the 12th DAWSON-TERRELL COUNTY AIRPORT AUTHORITY A BILL to be entitled an Act to amend an Act creating the DawsonTerrell County Airport Authority, approved April 4, 1997 (Ga. L. 1997, p. 3696), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3958), so as to change the membership; to provide an effective date; to repeal conflicting laws; and for other purposes. 2990 HB 626 HB 628 HB 633 HB 634 JOURNAL OF THE SENATE Jones of the 25th GREENE COUNTY AIRPORT AUTHORITY A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to split the position of secretarytreasurer into two separate positions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mullis of the 53rd BOARD OF THE HOSPITAL AUTHORITY OF WALKER, DADE, AND CATOOSA COUNTIES A BILL to be entitled an Act to amend an Act to change the method of filling vacancies on the board of the hospital authority of Walker, Dade, and Catoosa counties, approved April 12, 1982 (Ga. L. 1982, p. 4531), so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Thompson of the 33rd CITY OF POWDER SPRINGS A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to change the description of the wards; 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. Thompson of the 33rd CITY OF POWDER SPRINGS A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide for city council terms and qualifications for office; to provide for election of the city council and mayor; to provide for the powers and duties of the city manager; to provide for the qualifications of the municipal court judges; to provide for a code of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 28, 2013 2991 HB 653 Crosby of the 13th Sims of the 12th STATE COURT OF SUMTER COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3039), and by an Act approved March 26, 1980 (Ga. L. 1980, p. 4247), so as to change the compensation of the judge of such court; to change the provisions regarding the practice of law by such judge; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones, B Y Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 49, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. 2992 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Ramsey of the 43rd asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 121 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, Ramsey, Sr. of the 43rd and Mullis of the 53rd. The following bill was taken up to consider House action thereto: SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 3660-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. Senator Ginn of the 47th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 160 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, Stone of the 23rd and Ginn of the 47th. THURSDAY, MARCH 28, 2013 2993 The following bill was taken up to consider House action thereto: SB 177. By Senators Ginn of the 47th, Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: 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 change the membership of the Georgia Tourism Foundation; 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 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, so as to change the membership of the Georgia Tourism Foundation; to provide for certain federal grant sharing; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, is amended by revising subsection (e) of Code Section 50-7-17, relating to tourism marketing program and tourism foundation, as follows: "(e) Georgia Tourism Foundation. (1) Establishment. There is hereby established the Georgia Tourism Foundation, existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers: (A) To solicit and accept contributions of money and in-kind contributions of services and property for the State-wide Tourism Marketing Program; (B) To make and disburse contributions to the department for such purposes; (C) To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions; (D) To formulate recommendations for the State-wide Tourism Marketing Program; (E) Subject to approval of the Governor, to create subsidiaries with like character and powers but with limited missions keyed to particular component programs and activities of the department's State-wide Tourism Marketing Program; and 2994 JOURNAL OF THE SENATE (F) To provide for additional officers and governance through bylaws which are consistent with the goals of lessening the government burden in promoting tourism, establishing and maintaining tax exempt status, and soliciting deductible contributions. (2) Members. The governance of the Georgia Tourism Foundation shall be in members, consisting of: not less than nine nor more than 20 members, appointed by the Governor; provided, however, that one member shall be appointed by the chairperson of the Senate Economic Development Committee and one member shall be appointed by the chairperson of the House Committee on Economic Development and Tourism. Members shall always include at least three members of the Board of Economic Development, together with such other members as appointed by the Governor. Service by a member of the Board of Economic Development as a member of the Georgia Tourism Foundation shall not constitute a conflict of interest. A member of the Georgia Tourism Foundation who is a member of the Board of Development shall serve as the chairperson of the Georgia Tourism Foundation and shall be elected by the members of the Georgia Tourism Foundation. In no event shall members of the Board of Economic Development comprise more than one-third of the members of the Georgia Tourism Foundation. The Georgia Tourism Foundation shall be authorized to fix the precise number of members, within the minimum and maximum numbers, by resolution adopted from time to time at a meeting of the Georgia Tourism Foundation by a majority of all the members of the Georgia Tourism Foundation. No member shall be individually liable for the acts or omissions to act by the foundation. (A) The commissioner of economic development, who will be chairperson; (B) The commissioner of natural resources; (C) Each of the executive directors of the Jekyll Island-State Park Authority, Stone Mountain Memorial Association, Lake Lanier Islands Authority, Agricultural Exposition Authority, North Georgia Mountains Authority, and Southwest Georgia Railroad Excursion Authority; (D) One representative each from the Aviation, Music, Sports, and Golf Halls of Fame; and (E) Additional private members appointed by the Governor under foundation bylaws. The chairpersons of the Senate Economic Development Committee and the House Economic Development and Tourism Committee shall serve as ex officio nonvoting members of the foundation. (3) Administration. The Georgia Tourism Foundation will shall be attached to the department for administrative purposes. The Attorney General will shall be the attorney for the foundation. The department may solicit and accept contributions from the foundation and authorize agencies to do so. The department may cooperate and contract with the foundation for their mutual benefit and authorize agencies to do so. Upon any dissolution of the foundation, its assets will devolve in trust to the department or its successor for use only for marketing to promote tourism for THURSDAY, MARCH 28, 2013 2995 Georgia. (4) Public purpose. The creation of the Georgia Tourism Foundation and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted in this Code section may shall not be extended to any private person or entity." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "50-7-11.1. In the event the board accepts grants and gifts from the federal government pursuant to Code Section 50-7-10, the board shall also have the authority to administer and disperse those funds for any and all purposes of this article in a manner consistent with the terms of the grant or gift and other applicable laws, the provisions of Code Section 50-7-11 notwithstanding." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Ginn of the 47th moved that the Senate agree to the House substitute to SB 177 as amended by the following amendment: Amend the House Committee on Economic Development and Tourism substitute to SB 177 (LC 37 1629S) by deleting line 4 and inserting in lieu thereof the following: grant sharing; 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 authorize the commission to manage the utilization of administrative space by the Department of Labor; to provide for related matters; to repeal conflicting laws; and for other By deleting lines 29 through 32 and inserting in lieu thereof the following: consisting of: not less than nine nor more than 20 members, appointed by the Governor. Members By inserting after line 81 the following: 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 subsection (b) of Code Section 50-1641, relating to rental agreements without competitive bidding authorized, limitations, commission charged with managing administrative space of all state entities, standards governing the utilization of administrative space, reassignment of administrative space, and rules and regulations, as follows: 2996 JOURNAL OF THE SENATE "(b) The commission is given the authority and charged with the duty of managing the utilization of administrative space by all state entities, except that the Board of Regents of the University System of Georgia and the Georgia Department of Labor may manage their its own space but only for leases that are for a term of one year or less, within the State of Georgia, and required for their its 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 obligation to advise the Office of Planning and Budget and state entities of costeffective, decentralized alternatives." SECTION 4. On the motion, a roll call was taken and the vote was as follows: Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L E James Y Jeffares N Jones, B Y Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon N Millar Y Miller Y Mullis Y Murphy N Orrock Y Ramsey Y Seay Y Shafer Sims Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Williams On the motion, the yeas were 42, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SB 177 as amended by the Senate. THURSDAY, MARCH 28, 2013 2997 The following bill was taken up to consider House action thereto: SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Hill of the 32nd asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 62 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, Jeffares of the 17th and Hill of the 32nd. The following Senators were excused as Conferees: Hill of the 32nd Mullis of the 53rd Senator Murphy of the 27th asked unanimous consent that HB 434, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 434, having been taken from the Table, was put upon its passage. HB 434. By Representatives Weldon of the 3rd, Willard of the 51st and Jacobs of the 80th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due and interest on such amount; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The Senate Judiciary Committee offered the following substitute to HB 434: 2998 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due pursuant to an express or implied contract and interest on such amount; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, is amended by revising Code Section 4414-361, relating to creation of liens and property to which lien attaches, as follows: "44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: (1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; (2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; (3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate; (4) All registered foresters performing or furnishing services on or with respect to any real estate; (5) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; (6) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories; (7) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; (8) All contractors to build railroads; and (9) All suppliers furnishing rental tools, appliances, machinery, or equipment for the improvement of real estate. (b) Each special lien specified in subsection (a) of this Code section may attach to the real estate of the owner for which the labor, services, or materials are furnished if they are furnished at the instance of the owner, contractor, or some other person acting for the owner or contractor and shall include the value of work done and materials THURSDAY, MARCH 28, 2013 2999 furnished in any easement or public right of way adjoining said real estate if the work done or materials furnished in the easement or public right of way is for the benefit of said real estate and is within the scope of the owner's contract for improvements to said real estate. (c) Each special lien specified in subsection (a) of this Code section shall include the amount due and owing the lien claimant under the terms of its express or implied contract, subcontract, or purchase order as provided for in this Code section. (d) Each special lien specified in subsection (a) of this Code section shall include interest on the principal amount due in accordance with Code Section 7-4-2 or 7-4-16." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator McKoon of the 29th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 434 (LC 29 5676ERS) by striking "as provided for in this Code section" on line 42 and inserting in lieu thereof "subject to subsection (e) of Code Section 44-14-361.1". On the adoption of the amendment, there were no objections, and the McKoon 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Miller C Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S 3000 JOURNAL OF THE SENATE Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 434, 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 and Senate: HB 661. By Representative Bentley of the 139th: A BILL to be entitled an Act to create a board of elections and registration for Taylor County and provide for its powers and duties; to provide for definitions; 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 automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 254. By Senator Harper of the 7th: A BILL to be entitled an Act to create a board of elections and registration for Irwin County and to provide for its powers and duties; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 256. By Senators Jackson of the 2nd and 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 Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3751), so as to provide that the chief magistrate of Chatham County shall appoint any pro tempore magistrates; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 28, 2013 3001 SB 257. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for the continuation and support of the independent school system of the town; to provide limitations on the holding of other offices by the school superintendent and members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 258. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Trion, approved April 11, 2012 (Ga. L. 2012, p. 5099), so as to provide for a quorum and voting by the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 259. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L 1996, p. 3892), as amended, so as to change the corporate limits; 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 583. By Representatives Knight of the 130th and Yates of the 73rd: A BILL to be entitled an Act to authorize the Municipal Court of the City of Griffin to charge a technology fee for each civil case 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. HB 642. By Representatives Jacobs of the 80th, Holcomb of the 81st and Oliver of the 82nd: A BILL to be entitled an Act to amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), so as to clarify provisions regarding the terms of office of the mayor; to provide for a finance director; to provide for the duties of such finance director; to provide for a charter commission; to provide for related matters; to repeal conflicting laws; and for other purposes. 3002 JOURNAL OF THE SENATE Senator Hill of the 6th asked unanimous consent that HB 463, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 463, having been taken from the Table, was put upon its passage. HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. The Senate Finance Committee offered the following substitute to HB 463: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to the motor vehicle title fee, so as to provide an expedited method to appeal fair market value of a motor vehicle for certain purposes; 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 48-5C-1 of the Official Code of Georgia Annotated, relating to the motor vehicle title fee, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Fair market value of the motor vehicle' means: (A) For a used motor vehicle, the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner and based upon a nationally recognized motor vehicle industry pricing guide for fair market and wholesale mark market values in determining the taxable value of a motor vehicle under Code Section 48-5-442, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; THURSDAY, MARCH 28, 2013 3003 (B) For a used motor vehicle which is not so listed in such current motor vehicle ad valorem assessment manual, the value from the bill of sale or the value from a reputable used car market guide designated by the commissioner, whichever is greater, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; or (C) Upon written application and supporting documentation submitted by an applicant under this Code section, a county tag agent may deviate from the fair market value as defined in subparagraph (A) or (B) of this paragraph based upon mileage and condition of the used vehicle. Supporting documentation may include, but not be limited to, bill of sale, odometer statement, and values from reputable pricing guides. The fair market value as determined by the county tag agent pursuant to this subparagraph shall be appealable as provided in subsection (e) of this Code section; or (C)(D) For a new motor vehicle, the greater of the retail selling price or, in the case of a lease of a new motor vehicle, the agreed upon value of the vehicle pursuant to the lease agreement or the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner in determining the taxable value of a motor vehicle under Code Section 48-5-442, less any reduction for the trade-in value of another motor vehicle and any rebate or any cash discounts provided by the selling dealer and taken at the time of sale. The retail selling price or agreed upon value shall include any charges for labor, freight, delivery, dealer fees, and similar charges and dealer add-ons and mark-ups, but shall not include any extended warranty or maintenance agreement itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be immediately applied to relevant fair market value determinations. 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: 3004 JOURNAL OF THE SENATE Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar Y Miller C Mullis Y Murphy Y Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 463, having received the requisite constitutional majority, was passed by substitute. Senator McKoon of the 29th asked unanimous consent that HB 451, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 451, having been taken from the Table, was put upon its passage. HB 451. By Representatives Smyre of the 135th, Smith of the 134th, Willard of the 51st, Hugley of the 136th and Pezold of the 133rd: 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 Chattahoochee Judicial Circuit and the Oconee Judicial Circuit; 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 amend an Act entitled "An Act to amend Chapter 6 of Title 15 of the O.C.G.A., relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. THURSDAY, MARCH 28, 2013 3005 The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Miller C Mullis Y Murphy Y Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 451, having received the requisite constitutional majority, was passed. Senator McKoon of the 29th asked unanimous consent that HB 506, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 506, having been taken from the Table, was put upon its passage. HB 506. By Representatives Smyre of the 135th, Smith of the 134th, Hugley of the 136th and Pezold of the 133rd: A BILL to be entitled an Act to amend a general Act entitled "An Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts," approved March 27, 2000 (Ga. L. 2000, p. 205), so as to provide for the selection of the chief judge of the Chattahoochee Judicial Circuit; to provide for terms of office; to provide for filling vacancies in such 3006 JOURNAL OF THE SENATE office; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Miller C Mullis Murphy Y Orrock Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 0. HB 506, having received the requisite constitutional majority, was passed. At 12:33 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. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: THURSDAY, MARCH 28, 2013 3007 HB 70. By Representatives Golick of the 40th, Coleman of the 97th, Setzler of the 35th, Lindsey of the 54th, Dudgeon of the 25th 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 deadlines for scholarship payments to parents; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitutes, as amended by the House, to the following Bills of the House: HB 193. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to repeal conflicting laws; and for other purposes. HB 207. By Representatives Shaw of the 176th, Roberts of the 155th, Tankersley of the 160th, Williams of the 168th, Nimmer of the 178th 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 licenses, permits, and 3008 JOURNAL OF THE SENATE stamps for hunting, trapping, or fishing, so as to provide a definition; to authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits for wildlife, so as to provide for an extended turkey season for young and mobility impaired hunters; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate amendment to the following Bill of the House: HB 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th: A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to provide for related matters; to repeal conflicting laws; and for other purposes. The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Hightower of the 68th, Ramsey of the 72nd, and Pak of the 108th. THURSDAY, MARCH 28, 2013 3009 The following House legislation was read the first time and referred to committee: HB 661. By Representative Bentley of the 139th: A BILL to be entitled an Act to create a board of elections and registration for Taylor County and provide for its powers and duties; to provide for definitions; 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 automatic repeal of this Act under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following resolutions were read and adopted: SR 703. By Senators Seay of the 34th, Wilkinson of the 50th, Sims of the 12th, Carter of the 42nd, Heath of the 31st and others: A RESOLUTION urging the Capitol Arts Standards Commission to arrange for placement of an agricultural history museum area in an appropriate location in the state capitol; and for other purposes. SR 704. By Senator Wilkinson of the 50th: A RESOLUTION honoring the life and memory of Mr. John David McCall; and for other purposes. SR 705. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Morgan Akridge; and for other purposes. SR 706. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Luc Allgood; and for other purposes. SR 707. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Alexandra Baxter; and for other purposes. SR 708. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Jordan Black; and for other purposes. 3010 JOURNAL OF THE SENATE SR 709. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Abigail Hitchon; and for other purposes. SR 710. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Kathryn Knickerbocker; and for other purposes. SR 711. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Nathan Ivester; and for other purposes. SR 712. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Janice Shedd; and for other purposes. SR 713. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Ondi Smith; and for other purposes. SR 714. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Patrick Stroud; and for other purposes. SR 715. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Christopher Antepenko; and for other purposes. SR 716. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Brianna Cosgrove; and for other purposes. SR 717. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Annabelle Zhuno; and for other purposes. SR 718. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Brett Williams; and for other purposes. SR 719. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Kyler Jameson; and for other purposes. THURSDAY, MARCH 28, 2013 3011 SR 720. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Austin Lord; and for other purposes. SR 721. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Mary Loudermilk; and for other purposes. SR 722. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Tyrin Merritt; and for other purposes. SR 723. By Senator Wilkinson of the 50th: A RESOLUTION commending Ms. Bailey Taylor; and for other purposes. SR 724. By Senator Wilkinson of the 50th: A RESOLUTION commending Mr. Caleb Masten; and for other purposes. SR 725. By Senator McKoon of the 29th: A RESOLUTION recognizing and commending Mrs. Nan Pate upon the occasion of her retirement; and for other purposes. SR 726. By Senator McKoon of the 29th: A RESOLUTION recognizing and commending Mr. Sam Pate upon the occasion of his retirement; and for other purposes. SR 727. By Senator McKoon of the 29th: A RESOLUTION recognizing and commending Mrs. Ann Stahl upon the occasion of her retirement; and for other purposes. SR 728. By Senator McKoon of the 29th: A RESOLUTION recognizing and commending Ms. Linda Wallman upon the occasion of her retirement; and for other purposes. SR 729. By Senator McKoon of the 29th: A RESOLUTION recognizing and commending Delaney Harrison; and for other purposes. 3012 JOURNAL OF THE SENATE SR 730. By Senator McKoon of the 29th: A RESOLUTION recognizing and commending Mr. John "Butch" Chappelle upon the occasion of his retirement; and for other purposes. Senator Shafer of the 48th moved to suspend the Senate Rules to first read SB 273 and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 273. By Senators Burke of the 11th, Unterman of the 45th, Bethel of the 54th and Hufstetler of the 52nd: 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 require the Department of Public Health to establish the Maternal Mortality Review Committee to review maternal deaths; to provide for legislative findings; to provide for data; to provide for confidentiality; to provide for limited liability; to provide for reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. Senator Hill of the 32nd was excused as a Conferee. Senator Gooch of the 51st asked unanimous consent that HR 411, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HR 411, having been taken from the Table, was put upon its adoption. HR 411. By Representatives Hightower of the 68th and Cooke of the 18th: A RESOLUTION honoring the life of Trooper Lieutenant Joseph "Joey" Keith Boatright and dedicating a bridge in his memory; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. THURSDAY, MARCH 28, 2013 3013 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Beach Y Bethel Y Burke Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Hill, Jack C Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the adoption of the resolution, the yeas were 47, nays 0. HR 411, having received the requisite constitutional majority, was adopted. Senator McKoon of the 29th asked unanimous consent that HB 21, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 21, having been taken from the Table, was put upon its passage. HB 21. By Representative Oliver of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification of such agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. 3014 JOURNAL OF THE SENATE The Senate Judiciary Committee offered the following substitute to HB 21: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification of such agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, is amended by adding a new Code section to read as follows: "19-8-27. (a) As used in this Code section, the term 'birth relative' means: (1) A parent, biological father who is not the legal father, grandparent, brother, sister, half-brother, or half-sister who is related by blood or marriage to a child who is being adopted or who has been adopted; or (2) A grandparent, brother, sister, half-brother, or half-sister who is related by adoption to a child who is being adopted or who has been adopted. (b)(1) An adopting parent or parents and birth relatives or an adopting parent or parents, birth relatives, and a child who is 14 years of age or older who is being adopted or who has been adopted may voluntarily enter into a written postadoption contact agreement to permit continuing contact between such birth relatives and such child. A child who is 14 years of age or older shall be considered a party to a postadoption contact agreement. (2) A postadoption contact agreement may provide for privileges regarding a child who is being adopted or who has been adopted, including, but not limited to, visitation with such child, contact with such child, sharing of information about such child, or sharing of information about birth relatives. (3) In order to be an enforceable postadoption contact agreement, such agreement shall be in writing and signed by all of the parties to such agreement acknowledging their consent to its terms and conditions. (4) Enforcement, modification, or termination of a postadoption contact agreement shall be under the continuing jurisdiction of the court that granted the petition of adoption; provided, however, that the parties to a postadoption contact agreement may expressly waive the right to enforce, modify, or terminate such agreement under this Code section. (5) Any party to the postadoption contact agreement may, at any time, file the THURSDAY, MARCH 28, 2013 3015 original postadoption contact agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement. (c) A postadoption contact agreement shall contain the following warnings in at least 14 point boldface type: (1) After the entry of a decree for adoption, an adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement; and (2) A disagreement between the parties or litigation brought to enforce, terminate, or modify this agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child. (d)(1) As used in this subsection, the term 'parties' means the individuals who signed the postadoption contact agreement currently in effect, including the child if he or she is 14 years of age or older at the time of the action regarding such agreement, but such term shall exclude any third-party beneficiary to such agreement. (2) A postadoption contact agreement may always be modified or terminated if the parties have voluntarily signed a written modified postadoption contact agreement or termination of a postadoption contact agreement. A modified postadoption contact agreement may be filed with the court if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement. (e) With respect to postadoption contact agreements that provide for court enforcement or termination or are silent as to such matters, any party, as defined in paragraph (1) of subsection (d) of this Code section, may file a petition to enforce or terminate such agreement with the court that granted the petition of adoption, and the court shall enforce the terms of such agreement or terminate such agreement if such court finds by a preponderance of the evidence that the enforcement or termination is necessary to serve the best interests of the child. (f) With respect to postadoption contact agreements that provide for court modification or are silent as to modification, only the adopting parent or parents may file a petition seeking modification. Such petition shall be filed with the court that granted the petition of adoption, and the court shall modify such agreement if such court finds by a preponderance of the evidence that the modification is necessary to serve the best interests of the child and there has been a material change of circumstances since the current postadoption contact agreement was executed. (g) A court may require the party seeking modification, termination, or enforcement of a postadoption contact agreement to participate in mediation or other appropriate alternative dispute resolution. (h) All reasonable costs and expenses of mediation, alternative dispute resolution, and litigation shall be borne by the party, other than the child, filing the action to enforce, modify, or terminate a postadoption contact agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing postadoption contact agreement shall bear all the costs and 3016 JOURNAL OF THE SENATE expenses of mediation, alternative dispute resolution, and litigation of the other party. (i) A court shall not set aside a decree of adoption, rescind a surrender, or modify an order to terminate parental rights or any other prior court order because of the failure of an adoptive parent, a birth relative, or the child to comply with any or all of the original terms of, or subsequent modifications to, a postadoption contact agreement." 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 21, having received the requisite constitutional majority, was passed by substitute. Senator Davis of the 22nd was excused for business outside the Senate Chamber. THURSDAY, MARCH 28, 2013 3017 Senator Hill of the 6th asked unanimous consent that HB 250, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 250, having been taken from the Table, was put upon its passage. HB 250. By Representative Rice of the 95th: A BILL to be entitled an Act to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the local excise tax on the sale or use of energy, so as to provide for the revision of certain provisions relating to the levy, collection, and administration of such excise tax; to provide for nonapplicability of such tax to certain projects; to provide for procedures, conditions, and limitations; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. The report of the committee, which was favorable to the passage 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Stone 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 50, nays 0. 3018 JOURNAL OF THE SENATE HB 250, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused as a Conferee. The following bill was taken up to consider the Conference Committee Report thereto: HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; 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 487 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 487 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Miller of the 49th /s/ Senator Bethel of the 54th Senator Unterman of the 45th /s/ Representative Ramsey of the 72nd /s/ Representative Williams of the 168th /s/ Representative Coomer of the 14th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 487 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 transfer responsibility for administration and enforcement of provisions relating to coin operated amusement machines from the Department of Revenue to the Georgia Lottery Corporation; to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to a lottery for education, so as to provide for such transfer of responsibility; to provide for findings of the General Assembly; to revise provisions relating to such administration and enforcement; to provide for licensing of operators; to create the Class B machine operators advisory board; to provide for a Class B accounting terminal; to provide for procedures, conditions, and limitations; to provide for fees and THURSDAY, MARCH 28, 2013 3019 penalties; to provide for disposition of certain revenues; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to improper use of coin operated amusement machines, so as to change certain provisions relating to definitions; to amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to state legislative intent with respect to the effect of this Act on maritime vessels; to provide for an effective date; to provide for an automatic repeal upon a finding of unconstitutionality; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Chapter 17, relating to coin operated amusement machines, and redesignating it as a new Article 3 of Chapter 27 of Title 50, relating to a lottery for education, as follows: "CHAPTER 17 ARTICLE 3 Part 1 48-17-1. 50-27-70. (a) The General Assembly finds that the ability to operate a bona fide coin operated amusement machine business in this state constitutes a privilege and not a right. Further, in order to prevent the unregulated operation of the bona fide coin operated amusement machine business, the General Assembly is enacting the procedural enhancements of this article which will aid in the enforcement of the tax obligations that arise from the operation of bona fide coin operated amusement machine businesses as well as prevent unauthorized cash payouts. The General Assembly finds that the bona fide coin operated amusement machine business can be conducted in a manner to safeguard the fiscal soundness of the state, enhance public welfare, and support the need to educate Georgia's children through the HOPE scholarship program and prekindergarten funding authorized by Article I, Section II, Paragraph VIII of the Constitution. (b) As used in this chapter article, the term: (1) 'Applicant' or 'licensee' means an owner as defined in this Code section, including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself. (2)(A) 'Bona fide coin operated amusement machine' means:(A) Every every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to subsections (b) through (g) of Code Section 3020 JOURNAL OF THE SENATE 16-12-35, and which can be legally shipped interstate according to federal law. Examples of bona fide coin operated amusement machines include, but are expressly not limited to, the following: (i) Pinball machines; (ii) Console machines; (iii) Video games; (iv) Crane machines; (v) Claw machines; (vi) Pusher machines; (vii) Bowling machines; (viii) Novelty arcade games; (ix) Foosball or table soccer machines; (x) Miniature racetrack, football, or golf machines; (xi) Target or shooting gallery machines; (xii) Basketball machines; (xiii) Shuffleboard games; (xiv) Kiddie ride games; (xv) Skeeball machines; (xvi) Air hockey machines; (xvii) Roll down machines; (xviii) Trivia machines; (xix) Laser games; (xx) Simulator games; (xxi) Virtual reality machines; (xxii) Maze games; (xxiii) Racing games; (xxiv) Coin operated pool tables or coin operated billiard tables as defined in paragraph (3) of Code Section 43-8-1; and (xxv) Any other similar amusement machine which can be legally operated in Georgia; and. (B) Every The term also means machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, card, or similar object such as jukeboxes or other similar types of music machines. (B) The term 'bona fide coin operated amusement machine' does not include the following: (i) Coin operated washing machines or dryers; (ii) Vending machines which for payment of money dispense products or services; (iii) Gas and electric meters; (iv) Pay telephones; (v) Pay toilets; (vi) Cigarette vending machines; THURSDAY, MARCH 28, 2013 3021 (vii) Coin operated scales; (viii) Coin operated gumball machines; (ix) Coin operated parking meters; (x) Coin operated television sets which provide cable or network programming; (xi) Coin operated massage beds; and (xii) Machines which are not legally permitted to be operated in Georgia. (2.1) 'Business owner or business operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (2.2)(3) '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; (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)(4) 'Class B machine' means a bona fide coin operated amusement machine that 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. (3)(5) 'Commissioner' means the state revenue commissioner. 'Distributor' means a person, individual, partnership, corporation, limited liability company, or any other business entity that buys, sells, or distributes Class B machines to or from operators. (3.1)(6) 'Location license' means the initial and annually renewed license which every business location owner or business location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state. (3.2)(7) 'Location license fee' means the fee paid to obtain the location license. 3022 JOURNAL OF THE SENATE (8) 'Location owner or location operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public. (9) 'Manufacturer' means a person, individual, partnership, corporation, limited liability company, or any other business entity that supplies and sells major components or parts, including software, hardware, or both, to Class B machine distributors or operators. (4)(10) 'Master license' means the certificate which every owner of a bona fide coin operated amusement machine must purchase and display in the owner's or operator's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the state. (4.1)(11) 'Net receipts' means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemption of winnings from the amusement machine, and minus the amount of moneys refunded to the public for malfunction bona fide malfunctions of the amusement machine. (5)(12) 'Operator' means any person, individual, firm, company, association, corporation, or other business entity who that exhibits, displays, or permits to be exhibited or displayed, in a place of business other than his own, any bona fide coin operated amusement machine in this state. (6)(13) 'Owner' means any person, individual, firm, company, association, corporation, or other business entity owning any bona fide coin operated amusement machine in this state. (7)(14) 'Permit fee' means the annual per machine charge which every owner of a bona fide coin operated amusement machine in commercial use must purchase and display in either the owner's or operator's place of business in order to legally operate the machine in the state. (15) 'Person' means an individual, any corporate entity or form authorized by law including any of its subsidiaries or affiliates, or any officer, director, board member, or employee of any corporate entity or form authorized by law. (7.1)(16) 'Single play' or 'one play' means the completion of a sequence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, cards, or other evidence of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) (d)(1)(A) through (d)(1)(D) of Code Section 16-12-35 after each play. (9)(17) 'Slot machine or any simulation or variation thereof' means any contrivance which, for a consideration, affords the player an opportunity to obtain money or other thing of value, the award of which is determined solely by chance, whether or not a prize is automatically paid by the contrivance. (8)(18) 'Sticker' means the decal issued for every bona fide coin operated amusement machine to show proof of payment of the permit fee. THURSDAY, MARCH 28, 2013 3023 (10)(19) 'Successful player' means an individual who wins on one or more plays of a bona fide coin operated amusement machine. (11)(20) 'Temporary location permit' means the permit which every business location owner or business location operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses. 48-17-2. 50-27-71. (a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees to the corporation as follows: (1) For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $500.00. In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter article so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,500.00; (B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter article, such owner shall pay an additional master license fee of $1,500.00; or (C) For 61 or more machines, the owner shall pay a master license fee of $3,500.00; and (2) For any number of Class B machines, the owner shall pay a master license fee of $5,000.00. The cost of the license shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon said such payment, the commissioner corporation shall issue a master license certificate to the owner. The master license fee levied by this Code section shall be collected by the commissioner corporation on an annual basis for the period from July 1 to June 30. The commissioner board may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this Code section may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any license or permit period. (a.1) Every business location owner or business location operator shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A 3024 JOURNAL OF THE SENATE machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner corporation on an annual basis from July 1 to June 30. The location license fee shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon payment, the commissioner corporation shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner board may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business location owner or business location operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. (a.2) The corporation may refuse to issue or renew a location owner or location operator license or may revoke or suspend a location owner or location operator license issued under this article if: (1) The licensee or applicant has intentionally violated a provision of this chapter or a regulation promulgated under this chapter; (2) The licensee or applicant has intentionally failed to provide requested information or answer a question, intentionally made a false statement in or in connection with his or her application or renewal, or omitted any material or requested information; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the corporation; (4) Failure to revoke or suspend the license would be contrary to the intent and purpose of this article; (5) The licensee or applicant has engaged in unfair methods of competition and unfair or deceptive acts or practices as provided in Code Section 50-27-87.1; or (6) Any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, fails to meet any obligations imposed by the tax laws or other laws or regulations of this state. (b) A copy of an owner's master license and the business location owner's or business location operator's location license shall be prominently displayed at all locations where the owner and business location owner or business location operator have bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fees levied under this Code section. (c) Each master license and each location license shall list the name and address of the owner or business location owner or business location operator, as applicable. (d) The commissioner corporation may provide a duplicate original master license certificate or location license certificate if the original certificate has been lost, stolen, or destroyed. The fee for a duplicate original certificate is $100.00. If the original certificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the certificate was lost, stolen, or destroyed and THURSDAY, MARCH 28, 2013 3025 including the number of the lost, stolen, or destroyed certificate, if applicable, before a duplicate original certificate can be issued. A certificate for which a duplicate certificate has been issued is void. (e) A license or permit issued under this Code section: (1) Is effective for a single business entity; (2) Vests no property or right in the holder of the license or permit except to conduct the licensed or permitted business during the period the license or permit is in effect; (3) Is nontransferable, nonassignable by and between owners or business location owners and business location operators, and not subject to execution; and (4) Expires upon the death of an individual holder of a license or permit or upon the dissolution of any other holder of a license or permit. (f) An application for the renewal of a license or permit must be made to the commissioner corporation by June 1 of each year. (g) Acceptance of a license or permit issued under this Code section constitutes consent by the licensee and the business location owner or business location operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or the commissioner's corporation's agents may freely enter the business premises where the licensed and permitted machines are located during normal business hours for the purpose of ensuring compliance with this chapter article. (h) An application for a license or permit to do business under this chapter article shall contain a complete statement regarding the ownership of the business to be licensed or the business where the permitted machines are to be located. This statement of ownership shall specify the same information that is required by the application to secure a sales tax number for the State of Georgia. (i) An application for a master license shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. An application for a location license shall be accompanied by the appropriate fee. (j) An application is subject to public inspection. (k) A renewal application filed on or after July 1, but before the license expires, shall be accompanied by a late fee of $125.00. A master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the owner shall obtain a new master license or the business location owner or business location operator shall obtain a new location license, as applicable, by complying with the requirements and procedures for obtaining an original master license or location license. (l) A holder of a license who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license or permit renewal has not been issued, unless the holder of the license is notified by the commissioner corporation prior to the expiration date of a problem with the renewal. (m) Holders of location licenses and temporary location permits shall be subject to the 3026 JOURNAL OF THE SENATE same provisions of this chapter article with regard to refunds, license renewals, license suspensions, and license revocations as are holders of master licenses. (n) Failure to obtain a master license or location license as required by this Code section shall subject the person to a fine of up to $25,000.00 and repayment of all fees or receipts due to the corporation pursuant to this article and may subject the person to a loss of all state licenses. 48-17-3. 50-27-72. (a) No refund is allowed for a master license except as follows: (1) The owner makes a written request to the commissioner corporation for a refund prior to the beginning of the calendar year for which it was purchased; (2) The owner makes a written request prior to the issuance of the master license or registration certificate; (3) The owner makes a written request for a refund claiming the master license or registration certificate was mistakenly purchased due to reliance on incorrect information from the commissioner corporation; (4) The processing of the master license is discontinued; or (5) The issuance of the master license is denied. (b) Before a refund will be allowed if the renewal of a master license is denied, the commissioner corporation shall verify that the applicant has no machines in operation and does not possess any machines except those that are exempt from the fees. If a master license is not issued, the commissioner corporation may retain $100.00 to cover administrative costs. (c) No refund will be allowed if the owner has an existing liability for any other fees or taxes due. Any refund will be applied to the existing liability due. 48-17-4. 50-27-73. (a) The commissioner corporation shall not renew a master, location owner, or location operator license for a business under this chapter article and shall suspend for any period of time or cancel a master, location owner, or location operator license if the commissioner corporation finds that the applicant or licensee is indebted to the state for any fees, costs, penalties, or delinquent fees. (b) The commissioner corporation shall not issue or renew a license for a business under this chapter article if the applicant does not designate and maintain an office in this state or if the applicant does not permit inspection by the commissioner corporation's agents of his or her place of business or of all records which the applicant or licensee is required to maintain. (c) The commissioner corporation may refuse to issue or renew a master license or may revoke or suspend a master license issued under this chapter if: (1) The licensee or applicant has intentionally violated a provision of this chapter or a regulation promulgated under this chapter; (2) The licensee or applicant has intentionally failed to provide requested information or answer a question, or has intentionally made a false statement in or in connection THURSDAY, MARCH 28, 2013 3027 with his or her application or renewal, or omitted any material or requested information; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the commissioner corporation; (4) A licensee or applicant that allows the use of its master license certificate or per machine permit stickers by any other business entity or person who owns or operates bona fide coin operated amusement machines available for commercial use and available to the public for play. If such unauthorized use occurs, the commissioner corporation may fine the licensee as follows: (A) One hundred and fifty thousand dollars for each improper use of a per machine permit sticker; and (B) One Twenty-five thousand dollars for each improper use of a master license certificate. In addition, the commissioner corporation is authorized to seize the machines in question and assess the master license and permit fees as required by law and to assess the costs of such seizure to the owner or operator of the machines; or (5) Failure to suspend or revoke the license would be contrary to the intent and purpose of this chapter article; (6) The licensee or applicant has engaged in unfair methods of competition and unfair or deceptive acts or practices as provided in Code Section 50-27-87.1; or (7) Any applicant, or any person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, fails to meet any obligations imposed by the tax laws or other laws or regulations of this state. (d) The commissioner corporation, on the request of a licensee or applicant for a license, shall conduct a hearing to ascertain whether a licensee or applicant for a license has engaged in conduct which would be grounds for revocation, suspension, or refusal to issue or renew a license. (e) The corporation shall not issue any new Class B master licenses until one year after it certifies that the Class B accounting terminal authorized by Code Section 50-27-101 is implemented; provided, however, the corporation shall be permitted to renew Class B master licenses at any time. 48-17-5. 50-27-74. (a) An applicant or licensee is entitled to at least 30 days' written notice and, if requested, a hearing in the following instances: (1) After an application for an original or renewal license has been refused; (2) Before the commissioner corporation may revoke a license; or (3) Before the commissioner corporation may invoke any other sanctions provided by this chapter article. For purposes of this paragraph, sanctions shall not include: (A) Issuance of a citation; (B) Imposition of a late fee, penalty fee, or interest penalty under subsection (k) of Code Section 48-17-2 50-27-71, Code Section 48-17-11 50-27-80, or subsection (a) 3028 JOURNAL OF THE SENATE of Code Section 48-17-13 50-27-82; or (C) Sealing a machine or imposing charges related thereto under subsection (g)(f) of Code Section 48-17-13 50-27-82. (b) The written notice provided by this Code section may be served personally by the commissioner chief executive officer or an authorized representative of the corporation or sent by United States certified mail or statutory overnight delivery addressed to the applicant, licensee, or registration certificate holder at its last known address. In the event that notice cannot be effected by either of these methods after due diligence, the commissioner chief executive officer may prescribe any reasonable method of notice calculated to inform a person of average intelligence and prudence of the commissioner's corporation's action, including publishing the notice in a newspaper of general circulation in the area in which the applicant, licensee, or registration certificate holder conducts its business activities. The written notice shall state with particularity the basis upon which the commissioner corporation is taking the proposed actions. (c) Subject to approval by the chief executive officer and corporation, the Bona Fide Coin Operated Amusement Machine Operator Advisory Board shall establish a procedure for hearings required by this article. Such procedure shall empower the chief executive officer with the authority to delegate or appoint any person or public agency to preside over the hearing and adjudicate the appeal, and the chief executive officer shall identify the party responsible for entering a final decision for the corporation. 48-17-6. 50-27-75. (a) The commissioner corporation shall deliver to the applicant or licensee a written copy of the order refusing an application or renewal application, revoking a master license, or imposing any other sanction provided in this chapter article issued after any required hearing provided by Code Section 50-27-74. (b) Delivery of the commissioner's corporation's order may be given by: (1) Personal service upon an individual applicant or licensee; (2) Personal service upon any officer, director, partner, trustee, or receiver, as the case may be; (3) Personal service upon the person in charge of the business premises, temporarily or otherwise, of the applicant or licensee; (4) Sending such notice by United States certified mail or statutory overnight delivery addressed to the business premises of the applicant or licensee; or (5) Posting notice upon the outside door of the business premises of the applicant or licensee. (c) Notice shall be deemed complete upon the performance of any action authorized in this Code section. 48-17-7. 50-27-76. (a) Appeal by an affected person from all actions of the commissioner corporation or chief executive officer shall be to the Superior Court of Fulton County or the superior court where the owner has the machines located at the time that the action has been THURSDAY, MARCH 28, 2013 3029 taken by the commissioner. The review shall be conducted by the court and shall be confined to the record. (b) The court shall not substitute its judgment for that of the commissioner corporation or chief executive officer as to the weight of the evidence on questions of fact committed to the discretion of the commissioner corporation or chief executive officer. The court may affirm the decision of the commissioner corporation or chief executive officer in whole or in part; the court shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the commissioner's corporation's or chief executive officer's findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the commissioner corporation or chief executive officer; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. 48-17-8. 50-27-77. Appeal from any final judgment of the superior court Superior Court of Fulton County may be taken by any party, including the commissioner corporation, in the manner provided for in civil actions generally. 48-17-9. 50-27-78. (a) Every owner, except an owner holding a coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay an annual permit fee for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B machine. The fee shall be paid to the commissioner corporation by company check, cash, cashier's check, or money order, or any other method approved by the chief executive officer. Upon payment, the commissioner corporation shall issue a sticker for each bona fide coin operated amusement machine. The annual fees levied by this chapter article shall be collected by the commissioner corporation on an annual basis for the period from July 1 to June 30. The commissioner board may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter article shall be allowed to any owner who ceases the exhibition or display of any bona fide coin operated amusement machine prior to the end of any license or permit period. (b) The sticker issued by the commissioner corporation to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may 3030 JOURNAL OF THE SENATE transfer stickers from one machine to another in the same class and from location to location so long as all machines in commercial use available for play by the public have a sticker of the correct class and the owner uses the stickers only for machines that it owns. (c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certificate to allow for effective monitoring of the licensing and permit system. Permit stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location. (d) The commissioner corporation may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $50.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void. (e) Each permit sticker issued for a bona fide coin operated amusement machine which rewards a winning player exclusively with free replays, noncash redemption merchandise, prizes, toys, gift certificates, or novelties; or points, tokens, tickets, cards, or other evidence of winnings that may be exchanged for free replays or noncash redemption merchandise, prizes, toys, gift certificates, or novelties, in accordance with the provisions of subsections (b) through (d) of Code Section 16-12-35 shall include the following: 'GEORGIA LAW PROHIBITS THE PAYMENT OR RECEIPT OF ANY MONEY FOR REPLAYS OR MERCHANDISE AWARDED FOR PLAYING THIS MACHINE. O.C.G.A. SECTION 16-12-35.' (f) The corporation shall not assess any fees that are not explicitly authorized under this article on a manufacturer, distributor, operator, location owner, or location operator. (g) All fees assessed by the corporation pursuant to this article shall be considered proceeds derived from a lottery operated on or on behalf of the state and shall not be remitted to the general fund pursuant to Article I, Section II, Paragraph VIII(c) of the Constitution. 48-17-10. 50-27-79. No refund shall be allowed for the annual permit fee assessed on each bona fide coin operated amusement machine registered with the commissioner corporation except as follows: (1) The owner makes a written request to the commissioner corporation for a refund prior to the beginning of the calendar year for which the permit sticker was purchased and returns the permit sticker; (2) The owner makes a written request for a refund prior to the issuance of the permit sticker; (3) The owner makes a written request for a refund claiming the permit sticker was THURSDAY, MARCH 28, 2013 3031 mistakenly purchased for a machine not subject to the permit fee and returns the permit sticker; or (4) The owner provides the commissioner corporation with a sworn affidavit that a machine was sold, stolen, or destroyed prior to the beginning of the calendar year for which the permit was purchased and returns the sticker unless it was attached to the stolen or destroyed machine. 48-17-11. 50-27-80. If an owner purchases or receives additional bona fide coin operated amusement machines during the calendar year, the applicable annual permit fee shall be paid to the commissioner corporation and the sticker shall be affixed to the machine before the machine may be legally operated. A penalty fee equal to twice the applicable annual permit fee shall be assessed by the commissioner corporation for every machine in operation without a permit sticker. 48-17-12. 50-27-81. (a) The commissioner chief executive officer shall provide for the proper administration of this chapter article and is authorized to act on behalf of the corporation for such purpose. The commissioner chief executive officer may initiate investigations, hearings, and take other necessary measures to ensure compliance with the provisions of this chapter article or to determine whether violations exist. If the commissioner chief executive officer finds evidence of any criminal violations, the commissioner he or she shall notify the appropriate prosecuting attorney in the county in which such violation occurred. (b) The commissioner chief executive officer is authorized to provide for the enforcement of this chapter article and the board shall provide for collection of the revenues under this chapter article by rule and regulation. (c) The commissioner chief executive officer may delegate to an authorized representative any authority given to the commissioner chief executive officer by this chapter article, including the conduct of investigations, imposing of fees and fines, and the holding of hearings. 48-17-13. 50-27-82. (a) If any owner or operator of any bona fide coin operated amusement machine in this state shall violate any provision of this chapter article or any rule and regulation promulgated under this chapter article, the commissioner corporation may investigate the violation and may seek sanctions, including late fees of $50.00 for failure to pay timely permit sticker fees, $125.00 for failure to pay timely the master license fee, suspension or revocation of a license, seizure of equipment, interest penalty, and debarment for repeat offenders. (b) No person other than an owner shall intentionally remove a current tax permit sticker from a bona fide coin operated amusement machine or from the location where the machine is located. Any person who violates this subsection shall be guilty of a misdemeanor. 3032 JOURNAL OF THE SENATE (c) A person who owns or operates bona fide coin operated amusement machines without a current master license or without a permit sticker on display shall be guilty of a misdemeanor. (d) A person who knowingly secures or attempts to secure makes a material false statement on any application or renewal application for a master license or permit sticker under this chapter article by fraud, misrepresentation, or subterfuge or makes a material false entry on any book, record, or report which is compiled, maintained, or submitted to the corporation pursuant to the provisions of this article is 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 $25,000.00, or both. (e) Any person who knowingly uses a sticker for the purpose of engaging in unlawful gambling shall be guilty of a misdemeanor. (f) Any bona fide coin operated amusement machine not having the required master license or permit stickers may be seized and confiscated by the commissioner or his corporation's agents or employees and sold at public auction after 30 days' advertisement. Upon payment of the license required, the commissioner corporation may return any property so seized and confiscated and compromise any tax fee or penalty assessed. The owner from whom the bona fide coin operated amusement machine is seized may, at any time within ten days after the seizure, repossess the property by filing with the commissioner corporation a bond, in cash or executed by a surety company authorized to do business in this state, in double amount of the tax and penalties due. Within 30 days after the bond has been filed, the owner must bring an action in a court of competent jurisdiction to have the seizure set aside; otherwise, the bond so filed must shall be declared forfeited to the commissioner corporation. (g)(f) The commissioner chief executive officer or an authorized representative of the commissioner thereof may seal in a manner that will prevent its full operation any such bona fide coin operated amusement machine that is in commercial use available to the public for play whose master license or sticker under this chapter article has been suspended or revoked, upon which the fee has not been paid, or that is not registered with the commissioner corporation under this chapter article. Whoever shall break the seal affixed by the commissioner chief executive officer or an authorized representative of the commissioner thereof without the commissioner's chief executive officer's approval or whoever shall provide in commercial use available to the public for play any such bona fide coin operated amusement machine after said the seal has been broken without the commissioner's chief executive officer's approval or whoever shall remove any bona fide coin operated amusement machine from its location after the same has been sealed by the commissioner chief executive officer shall be guilty of a misdemeanor. The commissioner corporation shall charge a fee of $75.00 for the release of any bona fide coin operated amusement machine which is sealed. The fee shall be paid to the commissioner corporation. 48-17-14. 50-27-83. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any THURSDAY, MARCH 28, 2013 3033 other provision of this title Title 48 as it existed prior to July 1, 2010, shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to July 1, 2010, are expressly preserved and declared to be legal and valid obligations to the state. (b) The enactment and amendment of this chapter article shall not affect offenses committed or prosecutions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense. (c) Nothing in this chapter article shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in violation of the laws or Constitution of this state. 48-17-15. 50-27-84. (a) As used in this Code section, the term: (1) 'Amusement or recreational establishment' means an open-air establishment frequented by the public for amusement or recreation. Such an establishment shall be in a licensed fixed location located in this state and which has been in operation for at least 35 years. (2) 'Business location' means any structure, vehicle, or establishment where a business is conducted. (3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. Revenue from the sale of goods and services at wholesale shall not be included. (b)(1) No business location owner or business location operator shall derive more than 50 percent of such business location owner's or business location operator's monthly gross retail receipts for the business location in which the Class B bona fide coin operated amusement machine or machines are situated from such Class B bona fide coin operated amusement machines. (2) Except as authorized by a local ordinance, no business location owner or business location operator shall offer more than nine Class B bona fide coin operated amusement machines to the public for play in the same business location; provided, however, that this limitation shall not apply to an amusement or recreational establishment. (c) For each business location which offers to the public one or more Class B bona fide coin operated amusement machines, the business location owner or business location operator shall prepare a monthly verified report setting out separately by location in Georgia: 3034 JOURNAL OF THE SENATE (1) The the gross retail receipts from the Class B bona fide coin operated amusement machines; and (2) The the gross retail receipts for the business location; and (3) The net receipts of the Class B machines. Upon request, the business owner or business operator shall supply such monthly reports to the commissioner. The department shall be authorized to audit any records for any such business location. (c.1) Each person holding a Class B master license shall prepare a monthly verified report setting out separately by location in Georgia: (1) The gross receipts from the Class B machines which the master licensee maintains; and (2) The net receipts of the Class B machines. (d) In accordance with the provisions of Code Section 48-17-4 50-27-73 and the procedures set out in Code Sections 48-17-5 and 48-17-6 50-27-74 and 50-27-75, the commissioner corporation may fine an applicant or holder of a license, refuse to issue or renew a location license or master license, or revoke or suspend a location license or master license for single or repeated violations of subsection (b) of this Code section. (e) A business location owner or business location operator shall report the information prescribed in this Code section in the form required by the commissioner corporation. Such report shall be submitted in an electronic format approved by the commissioner corporation. (f) Beginning on August 20, 2013, and on the twentieth day of each month thereafter, for the previous month, the reports required by subsections (c) and (c.1) of this Code section shall be supplied to the corporation on forms provided by the corporation, including electronic means. The corporation shall be authorized to audit any records for any such business location or master licensee subject to this Code section. The corporation may contract with any state agencies to perform the audits authorized by this Code section, and it may contract or enter into a memorandum of understanding with the Department of Revenue to enforce the provisions of this Code section. 48-17-16. 50-27-85. (a) Except as specifically provided in this article, for For single or repeated violations of this chapter article by a business location owner or business location operator who offers one or more bona fide coin operated amusement machines for play by the public, the commissioner corporation may impose the following penalties on such a business location owner or business location operator: (1) A civil fine in an amount specified in rules and regulations promulgated in accordance with this chapter article; or (2) For a third or subsequent offense, a suspension or revocation of the privilege of offering one or more bona fide coin operated amusement machines for play by the public. (b) Before a penalty is imposed in accordance with this Code section, a business location owner or business location operator shall be entitled to at least 30 days' written THURSDAY, MARCH 28, 2013 3035 notice and, if requested, a hearing as provided in Code Section 50-27-74. Such written notice shall be served in the manner provided for written notices to applicants and holders of licenses in subsection (b) of Code Section 48-17-5 50-27-74, and an order imposing a penalty shall be delivered in the manner provided for delivery of the commissioner's corporation's orders to applicants for licenses and holders of licenses in Code Section 48-17-6 50-27-75. (c) In the case of a suspension or revocation in accordance with this Code section, the commissioner corporation shall require the business location owner or business location operator to post a notice in the business location setting out the period of the suspension or revocation. No applicant or holder of a license or permit shall allow a bona fide coin operated amusement machine under the control of such applicant or holder of a license or permit to be placed in a business location owned or operated by a business location owner or business location operator who has been penalized by a suspension or revocation during the period of the suspension or revocation. 48-17-17. 50-27-86. In addition to the state regulatory provisions regarding bona fide coin operated amusement machines contained in Code Section 16-12-35 and this chapter article, 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) Prohibiting the offering to the public of more than nine six Class B bona fide coin 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 location owner or business location 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 location owner or business location 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 3036 JOURNAL OF THE SENATE 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 location owner or business location operator subject to paragraph (1) of subsection (b) of Code Section 48-17-15 50-27-84 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 50-27-84, and allowing an annual audit of the reports from the location owner or location operator; (7) Requiring the business location owner or business location 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 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 location owner or business location 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. 50-27-87. (a)(1) Except as provided in this Code section, a person shall not own, maintain, place, or lease a bona fide coin operated amusement machine unless he or she has a valid master license; provided, however, that a manufacturer or distributor may own a bona fide coin operated amusement machine intended for sale to an operator, master licensee, manufacturer, or distributor. (2) A master licensee shall only place or lease bona fide coin operated amusement machines for use in Georgia in a licensed location owner's or location operator's THURSDAY, MARCH 28, 2013 3037 establishments. (3) To be eligible as a master licensee, the person shall not have had a gambling license in any state for at least five years prior to obtaining or renewing a Georgia master's license. (4) On or after July 1, 2013, no person with or applying for a master license shall have an interest in any manufacturer, distributor, location owner, or location operator in this state. Additionally, no group or association whose membership includes manufacturers, distributors, operators, master licensees, location owners, or location operators shall obtain a master license nor shall they form an entity which acts as a master licensee, operator, location owner, or location operator for the purpose of obtaining a master license; provided, however, that through June 30, 2015, this paragraph shall not apply to persons who, as of December 31, 2013, have or will have continuously possessed a master license for ten or more years and, for ten or more years, have or will have continuously owned or operated a location where a bona fide coin operated machine has been placed. (5) Failure to adhere to the provisions of this subsection shall result in a fine of not more than $50,000.00 and loss of the license for a period of one to five years per incident and subject the master licensee to the loss of any other state or local license held by the master licensee. The corporation shall notify any state or federal agency that issues a license to such master licensee of the breach of its duties under this article. (b)(1) No bona fide coin operated amusement machine, its parts, or software or hardware shall be placed or leased in any location owner's or location operator's establishment except by a master licensee and only if the owner or agent of the location owner or location operator has entered into a written agreement with a master licensee for placement of the bona fide coin operated amusement machine. Beginning on July 1, 2013, no person with or applying for a location owner's or location operator's license shall have an interest in any person or immediate family member of a person with a master license, or doing business as a distributor, or manufacturer in this state. A location owner or location operator may sell a bona fide coin operated amusement machine to anyone except another location owner or location operator. Failure to adhere to this subsection shall result in a fine of not less than $50,000.00 and loss of the location owner's or location operator's license for a period of one to five years per incident and subject the location owner or location operator to the loss of any other state or local licenses held by the location owner or location operator. The corporation shall notify any state or federal agency that issues a license to such location owner or location operator of the breach of its duties under this article. (2) A copy of the written agreement shall be on file in the master licensee's and the location owner's and location operator's place of business and available for inspection by individuals authorized by the corporation. (3) Any written agreement entered into after the effective date of this article shall be exclusive as between one bona fide coin operated amusement machine master licensee and one location owner or location owner per location. 3038 JOURNAL OF THE SENATE (c) No person shall receive a portion of any proceeds or revenue from the operation of a bona fide coin operated amusement machine except the operator, location owner, or location operator, notwithstanding Code Section 50-27-102. No commission or fee shall be awarded for the facilitation of a contract or agreement between a master licensee and a location owner or location operator; provided, however, that an employee of a master licensee may receive compensation, including a commission, for such agreements or contracts. A master licensee shall not pay a commission or provide anything of value to any person who is an employee, independent contractor, or immediate family member of a location owner or location operator. (d) This Code section shall only apply to manufacturers, distributors, operators, master licensees, and location owners or location operators of Class B machines. 50-27-87.1. The following acts or practices are deemed unfair methods of competition and unfair and deceptive acts under this article: (1) Until the corporation certifies that the Class B accounting terminal authorized by Code Section 50-27-101 is implemented, a master licensee, location owner, or location operator retaining more than 50 percent of the net monthly proceeds for the operation of a Class B machine; (2) A master licensee or owner entering into an agreement with a manufacturer or distributor: (A) That grants the owner or master licensee exclusive rights to own, maintain, place, or lease a type, model, or brand of bona fide coin operated amusement machine in this state; or (B) For the lease of a bona fide coin operated amusement machine, its parts, or software or hardware; (3) A location owner or location operator asking, demanding, or accepting anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees from a master licensee, as an incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. A location owner that violates this subsection shall have all of the location owner's state business licenses revoked for a period of one to five years per incident. The location owner also shall be fined up to $50,000.00 per incident and required to repay any incentive fees or other payments received from the operator; and (4) An operator, master licensee, or individual providing anything of value, including but not limited to a loan or financing arrangement, gift, procurement fee, lease payments, revenue sharing, or payment of license fees or permit fees to a location owner or location operator, as any incentive, inducement, or any other consideration to locate bona fide coin operated amusement machines in that establishment. An operator, master licensee, or individual who violates this subsection shall have all of his or her state business licenses revoked for a period of one to five years per incident. THURSDAY, MARCH 28, 2013 3039 The individual, owner, or master licensee also shall be fined up to $50,000.00 per incident. 50-27-88. (a) The corporation shall establish rules or policies, with the advice of the Bona Fide Coin Operated Amusement Machine Operator Advisory Board, to establish or create: (1) Forms and information reasonably required for the submission of a license application; and (2) Procedures to ensure that applicants for a license provide the identical name and address of the applicant as stated in the application for a license required by local governing authorities and specify the premises where the licensee shall have its place of business. (b) Any legal entity, including but not limited to all partnerships, limited liability companies, and domestic or foreign corporations, lawfully registered and doing business under the laws of Georgia or the laws of another state and authorized by the Secretary of State to do business in Georgia which seeks to obtain a license for bona fide coin operated amusement machines may be permitted to apply for a license in the name of the legal entity as it is registered in the office of the Secretary of State; provided, however, that: (1) In its application for any bona fide coin operated amusement machine license, the legal entity shall provide the corporation with the name and address of its agent authorized to receive service of process under the laws of Georgia, together with a listing of its current officers and their respective addresses; (2) Any change in the status of licensee's registered agent, including but not limited to change of address or name, shall be reported to the corporation within ten business days of such occurrence; (3) In the event that a legal entity shall fail to appoint or maintain a registered agent in Georgia as required by law, or whenever its registered agent cannot with due diligence be found at the registered office of the business as designated in its application for license, the chief executive officer shall be appointed agent to receive any citation for violation of the provisions of this article; (4) Process may be served upon the chief executive officer by leaving with the chief executive officer duplicate copies of such citations; (5) In the event that the notice of citation is served upon the chief executive officer or one of the chief executive officer's designated agents, the chief executive officer shall immediately forward one of the copies to the business at its registered office; (6) Any service made upon the chief executive officer shall be answerable within 30 days; and (7) The corporation shall keep a record of all citations served upon the chief executive officer under this article and shall record the time of service and the disposition of that service. 3040 JOURNAL OF THE SENATE 50-27-89. (a) There shall be a Bona Fide Coin Operated Amusement Machine Operator Advisory Board to be composed of ten members. The chief executive officer of the corporation shall serve as a member. Two members shall be appointed by the Speaker of the House of Representatives, two members by the Lieutenant Governor, and five members by the Governor; at least one appointee shall be a licensed location owner or location operator. At least seven members shall be Georgia operators with current master licenses representing the broadest possible spectrum of business characteristics of bona fide coin operated amusement machine operators. (b) Members appointed to the advisory board shall serve terms of four years. Upon the expiration of a member's term of office, a new member appointed in the same manner as the member whose term of office expired as provided in subsection (a) of this Code section shall become a member of the advisory board and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the advisory board, a new member shall be appointed for the unexpired term of office by the official who appointed the vacating member. Members may be reappointed to additional terms. (c) The advisory board shall establish its own policies and internal operating procedures. Members of the advisory board shall serve without compensation or reimbursement of expenses. The advisory board may report to the corporation in writing at any time. The corporation may invite the advisory board to make an oral presentation to the corporation. (d) The advisory board shall have the exclusive authority to initiate a process to determine a variety of cost-effective, efficacious, and fiscally responsible approaches for consideration by the corporation of a Class B accounting terminal authorized by Code Section 50-27-101; provided, however, that the board shall comply with the deadline contained in subsection (a) of Code Section 50-27-101 for procuring the centralized accounting terminal and communications network. The advisory board shall be further authorized to contract with the Department of Administrative Services to develop a request for proposal to receive bids to provide the Class B accounting terminal and shall submit a minimum of three recommended proposals to the corporation unless only two vendors respond. The corporation shall select one of the recommended proposals to serve as the Class B accounting terminal vendor. (e) No advisory board member, corporation member, or immediate family of either may own a substantial interest in or be an employee, independent contractor, agent, or officer of any vendor recommended to or selected by the corporation. For the purposes of this Code section, 'substantial interest' means the direct or indirect ownership of any privately held assets or stock or over $5,000.00 in publicly traded stock. Part 2 50-27-100. The General Assembly finds that: (1) There is a compelling state interest in ensuring the most efficient, honest, and THURSDAY, MARCH 28, 2013 3041 accurate regulation of the bona fide coin operated amusement machine industry in this state; and (2) The most efficient, accurate, and honest regulation of the bona fide coin operated amusement machine industry in this state can best be facilitated by establishing a Class B accounting terminal to which all Class B machines will be linked by a communications network to provide superior capability of auditing, reporting, and regulation of the coin operated amusement machine industry. 50-27-101. (a) On or before July 1, 2014, in cooperation with the Bona Fide Coin Operated Amusement Machine Operator Advisory Board established under Code Section 50-2789, the corporation shall procure a Class B accounting terminal linked by a communications network through which all Class B machines in a location shall connect to a single point of commerce for the purpose of accounting and reporting to the state. In no event shall the terminal approved by the corporation limit participation to only one manufacturer or one type of bona fide coin operated amusement machine. Consideration shall be given to the cost associated with retrofitting all existing Class B machines and efforts made to minimize that cost. (b) Six months after the procurement of a Class B accounting terminal and successful pilot testing, all Class B machines shall be linked by a communications network to a Class B accounting terminal for purposes of monitoring and reading device activities as provided for in this Code section. When the corporation is satisfied with the operation of the Class B accounting terminal it shall certify the effective status of the Class B accounting terminal and notify all licensees of such certification. (c) The Class B accounting terminal shall be designed and operated to allow the monitoring and reading of all Class B machines for the purpose of compliance with regard to their obligations to the state. The Class B accounting terminal shall be located within and administered by the corporation. (d) The Class B accounting terminal shall not provide for the monitoring or reading of personal or financial information concerning patrons of bona fide coin operated amusement machines. (e) Any entity that acts as a vendor for the corporation in building, operating, maintaining, or contracting to build, operate, or maintain a Class B accounting terminal shall be prohibited from obtaining a license as an operator or location owner or location operator. As used in this subsection, the term 'entity' shall also include the entity's employees, independent contractors, consultants, or any other person as defined in paragraph (15) of subsection (b) of Code Section 50-27-70 which is related to the entity during the time the vendor is involved with providing service as it relates to the Class B accounting terminal for the corporation. (f) Except as provided in subsection (e) of Code Section 50-27-73, nothing in this part shall be construed to provide any authority to the corporation to limit or eliminate Class B machines or to limit, eliminate, or unduly restrict the number of licenses, permits, or certifications for operators or location owners or location operators. 3042 JOURNAL OF THE SENATE (g) The corporation shall not expand, limit, or otherwise alter what constitutes a bona fide coin operated amusement machine and the permitted redemption related items, except that the corporation shall be permitted to authorize any ticket or product of the corporation. 50-27-102. (a) Upon successful implementation and certification of the Class B accounting terminal under the provisions of Code Section 50-27-101, and for the first fiscal year thereafter, the corporation shall: (1) Retain 5 percent of the net receipts; (2) Provide, within five business days of receipt, 47.5 percent of the net receipts to the location owner and location operator for the cost associated with allowing the Class B machines to be placed; and (3) Provide, within five business days of receipt, 47.5 percent of the net receipts to the operator holding the Class B master license for the cost of securing, operating, and monitoring the machines. (b) In each fiscal year after the implementation and certification required by subsection (a) of this Code Section, the corporation's share shall increase 1 percent, taken evenly from the location owner or location operator and the operator, to a maximum of 10 percent. (c) The corporation shall require location owners and location operators to place all bona fide coin operated amusement machine proceeds due the corporation in a segregated account in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, bona fide coin operated amusement machine proceeds shall be deemed to be the property of the corporation. The corporation may require a location owner or location operator to establish a single separate electronic funds transfer account where available for the purpose of receiving proceeds from Class B machines, making payments to the corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each bona fide coin operated amusement machine location owner or location operator shall establish a separate bank account for bona fide coin operated amusement machine proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets. Whenever any person who receives proceeds from bona fide coin operated amusement machines becomes insolvent or dies insolvent, the proceeds due the corporation from such person or his or her estate shall have preference over all debts or demands. If any financial obligation to the corporation has not been timely received, the officers, directors, members, partners, or shareholders of the location owner or location operator shall be personally liable for the moneys owed to the corporation. 50-27-103. (a) Any local governing authority may, after providing no less than 60 days' notice to THURSDAY, MARCH 28, 2013 3043 all master licensees and location owners and location operators, and in a manner consistent with this Code section, vote to remove any Class B machines from the local jurisdiction. (b) Beginning on the first day of the first January after the certification of the Class B accounting terminal under the provisions of Code Section 50-27-101: (1) The corporation shall notify any master licensee and location owner and location operator of any materially adverse findings of any audit conducted by the corporation to ensure compliance with Code Section 50-27-102. The notice shall be provided to both the master licensee and the location owner or location operator, regardless of which party's acts or conduct caused the materially adverse finding; (2) If, after the notice required by this Code section, another consecutive audit conducted by the corporation not less than six months later contains a similar materially adverse finding, the corporation shall notify the master licensee and the location owner or location operator that were audited and every master licensee and location owner and location operator in this state. After the second consecutive audit described in this paragraph, the corporation may enter into a corrective action plan with the master licensee or the location owner or location operator, or both. If the next audit conducted by the corporation not less than six months later contains a similar materially adverse finding, the corporation shall notify the master licensee and the location owner or location operator that were audited and every master licensee and location owner and location operator in this state, and such notice shall be considered an order by the corporation. Unless a longer period of time is agreed to by the corporation, not more than 30 days after the third consecutive materially adverse audit finding, the master licensee and location owner or location operator that were audited may appeal the findings of any of the three audits to the Office of State Administrative Hearings as a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the master licensee or location owner or location operator that was audited does not appeal the corporation's order as authorized in this Code section, it shall be deemed a final order and shall be used to determine whether the notice to local governing authorities provided for in paragraph (3) of this subsection is required, and only upon such notice shall the action described by subsection (a) of this Code section be authorized. For the purposes of this Code section, notice shall be provided in the same manner required by subsection (b) of Code Section 50-27-74; and (3) If, pursuant to paragraph (2) of this subsection, a final judgment or final order has been entered against at least 15 percent of master licensees and location owners and location operators in a local jurisdiction over any consecutive two-year period, the corporation shall notify the city or county and each and every licensee in this state. 50-27-104. The penalties provided for in this article shall be in addition to any criminal penalties that may otherwise be provided by law." 3044 JOURNAL OF THE SENATE SECTION 1-2. Said title is further amended by reserving the Chapter 17 designation. PART II SECTION 2-1. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to applicability of certain provisions relative to gambling, is amended by revising subsections (a), (h), and (i) and adding new subsections to read as follows: "(a) As used in this Code section, the term 'some skill' means any presence of the following factors, alone or in combination with one another: (1) A learned power of doing a thing competently; (2) A particular craft, art, ability, strategy, or tactic; (3) A developed or acquired aptitude or ability; (4) A coordinated set of actions, including, but not limited to, eye-hand coordination; (5) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both; (6) Technical proficiency or expertise; (7) Development or implementation of strategy or tactics in order to achieve a goal; or (8) Knowledge of the means or methods of accomplishing a task. The term some skill refers to a particular craft, coordinated effort, art, ability, strategy, or tactic employed by the player to affect in some way the outcome of the game played on a bona fide coin operated amusement machine as defined in paragraph (2) of Code Section 48-17-1 50-27-70. If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the 'some skill' requirement of this Code section." "(g.1) Any location owner or location operator or person employed by a location owner or location operator who violates subsection (h) or (i) of this Code section for the second separate offense shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both, as well as loss of location license and all other state licenses. (h) Any gift certificates, tokens, vouchers, tickets, or other evidence of winnings awarded under subsection (c) or (d) of this Code section must be redeemable only at the premises on which the game or device is located. It shall be unlawful for any person to provide to any other person as a reward for play on any such game or device any gift certificate, token, voucher, ticket, or other evidence of winning which is redeemable or exchangeable for any thing of value at any other premises. It shall be unlawful for any person at any premises other than those on which the game or device is located to give any thing of value to any other person for any gift certificate, token, voucher, ticket, or other evidence of winning received by such other person from play on such game or device. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature. This subsection shall not apply to any ticket or product of THURSDAY, MARCH 28, 2013 3045 the Georgia Lottery Corporation. (i) The merchandise, prizes, toys, gift certificates, novelties, or rewards which may be awarded under subsection (c) or (d) of this Code section may not include or be redeemable or exchangeable for any firearms, alcohol, or tobacco or any lottery ticket or other item enabling participation in any lottery. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature." "(k) Any person, location owner, or location operator who places, provides, or displays a bona fide coin operated amusement machine and offers it to play for consideration in Georgia in an establishment for which the location owner or location operator is not licensed or in a private residence shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both." SECTION 2-2. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended in paragraph (43) by replacing the term "Chapter 17 of this title" with "Chapter 27 of Title 50". SECTION 2-3. Code Section 48-13-9 of the Official Code of Georgia Annotated, relating to limitation on authority of local government to impose regulatory fee, examples of businesses or practitioners or professions or occupations which may be subject to fees, individuals and entities not subject to fees, and general laws not repealed, is amended in paragraph (20) of subsection (c) by replacing the term "Code Section 48-17-1" with "Code Section 5027-70" and by replacing the term "Code Section 48-17-9" with "Code Section 50-27-78". SECTION 2-4. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the lottery for education, is amended by revising paragraph (14) of subsection (a) of Code Section 50-27-9, relating to general powers of the lottery corporation, as follows: "(14) To enter into contracts or agreements with state or local law enforcement agencies, including the Department of Revenue, for the performance of law enforcement, background investigations, and security checks, and auditing and enforcement of license requirements required by Article 3 of this chapter; PART III SECTION 3-1. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) If any section of this Act is determined to be unconstitutional by a final decision of an appellate court of competent jurisdiction or by the trial court of competent jurisdiction if no appeal is made, with the exception of subsection (g) of Code Section 50-27-78 and Section 2-1 of this Act, this Act shall stand repealed by operation of law. 3046 JOURNAL OF THE SENATE (c) This Act is not intended to and shall not be construed to affect the legality of the repair, transport, possession, or use of otherwise prohibited gambling devices on maritime vessels within the jurisdiction of the State of Georgia. To the extent that such repair, transport, possession, or use was lawful prior to the enactment of this Act, it shall not be made illegal by this Act; and to the extent that such repair, transport, possession, or use was prohibited prior to the enactment of this Act, it shall remain prohibited. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Miller of the 49th moved that the Senate adopt the Conference Committee Report on HB 487. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler N Carter, B N Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Fort N Ginn Y Golden Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack C Hill, Judson N Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E N Ligon N Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson N Williams On the motion, the yeas were 39, nays 12; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 487. The following communication was received by the Secretary: Senator Steve Gooch District 51 421-C State Capitol Atlanta, GA 30334 Committees: Transportation Economic Development Appropriations Natural Resources and the Environment Rules THURSDAY, MARCH 28, 2013 3047 March 28, 2013 Secretary of the Senate Attn: Bob Ewing 353 State Capitol Atlanta, GA 30334 The State Senate Atlanta, Georgia 30334 Mr. Secretary, Please let the record show that I intended to vote in favor of the conference committee report for House Bill 487. Thank you, /s/ Steve Gooch State Senate District 51 Senator Carter of the 42nd moved to suspend the Senate Rules to first read SB 275 and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 275. By Senator Carter of the 42nd: A BILL to be entitled an Act to incorporate the City of Lavista Hills in DeKalb County; to provide for a charter for the City of Lavista Hills; 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 Lavista Hills; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. Senator Seay of the 34th moved to suspend the Senate Rules to first read SB 274 and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: 3048 JOURNAL OF THE SENATE SB 274. By Senators Seay of the 34th, Wilkinson of the 50th, Sims of the 12th, Carter of the 42nd, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Capitol Arts Standards Commission, so as to provide for the designation of areas within the capitol museum as the Georgia Capitol Agricultural History Museum areas; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. The following bill was taken up to consider House action thereto: HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Mullis of the 53rd asked unanimous consent that the Senate insist on its substitute to HB 143. The consent was granted, and the Senate insisted on its substitute to HB 143. Senator Harper of the 7th was excused for business outside the Senate Chamber. Senator Shafer of the 48th was excused as a Conferee. Senator Stone of the 23rd asked unanimous consent that HB 160, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 160, having been taken from the Table, was put upon its passage. HB 160. By Representatives Jacobs of the 80th, Welch of the 110th, Oliver of the 82nd, Lindsey of the 54th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a future conveyance THURSDAY, MARCH 28, 2013 3049 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. Senate Sponsor: Senator Stone of the 23rd. The Senate Judiciary Committee offered the following substitute to HB 160: A BILL TO BE ENTITLED AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change provisions relating to property; to provide that choses in action for legal malpractice are not assignable; to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a future conveyance except under limited circumstances; to provide for a definition; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-12-24, relating to assignment of rights of choses in action, as follows: "44-12-24. Except for those situations governed by Code Sections 11-2-210 and 11-9-406, a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts, for legal malpractice, or for injuries arising from fraud to the assignor may not be assigned." SECTION 2. Said title is further amended by revising paragraph (3) of subsection (a) and subparagraph (e)(1)(B) of Code Section 44-14-14, relating to vacant and foreclosed real property registries, as follows: "(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." "(B) The deed is filed with the clerk of superior court within 60 days of the transfer foreclosure sale or transfer of the deed in lieu of foreclosure; and" 3050 JOURNAL OF THE SENATE SECTION 3. Said title is further amended by adding a new Code section to read as follows: "44-14-15. (a) As used in this Code section, the term 'conveyance of real property' means a conveyance or other transfer of an interest or estate in real property. (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 transferor's heirs, successors, or assigns, to pay a declarant, 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 such declarant, third party, or other person, 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 real 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 such 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) or 501(c)(4) of the federal Internal Revenue Code, provided that such 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 4. This Section and Sections 1 and 5 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 2 and 3 of this THURSDAY, MARCH 28, 2013 3051 Act shall become effective on July 1, 2013, and Section 3 of this Act shall apply to covenants recorded on or after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator McKoon of the 29th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 160 (LC 29 5675S) by deleting "or" at the end of line 59, by replacing the period and quotation mark with "; or" at the end of line 65, and by inserting immediately following line 65 the following: (6) A party to a purchase contract, option, real property listing agreement, or other agreement which obligates one party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined by the agreement if such amount constitutes a fee or commission paid to a licensed real estate broker for brokerage services rendered in connection with the transfer of the property for which such fee or commission is paid." On the adoption of the amendment, there were no objections, and the McKoon 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins 3052 JOURNAL OF THE SENATE Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 53, nays 1. Y Tolleson Y Unterman Y Wilkinson Y Williams HB 160, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 6th asked unanimous consent that HB 338, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 338, having been taken from the Table, was put upon its passage. HB 338. By Representatives Wilkinson of the 52nd, Stephens of the 164th, Abrams of the 89th, Parrish of the 158th, Carter of the 175th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to clarify the role of arts in economic development and other vital functions to the state; to provide for membership changes; to provide for meetings; to provide for responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. Senator McKoon of the 29th offered the following amendment #1: Amend HB 338 (LC 37 1562S) by striking line 4 and inserting in lieu thereof the following: provide for meetings; to provide for responsibilities; to amend Code Section 50-3-54 of the Official Code of Georgia Annotated, relating to the state wild flower, so as to designate the native azalea as the state wild flower; to provide for related matters; to repeal By inserting between lines 106 and 107 the following: Code Section 50-3-54 of the Official Code of Georgia Annotated, relating to the state wild flower, is amended as follows: "50-3-54. The azalea is native azaleas (Rhododendron sp.), collectively, are designated as the Georgia state wild flower." SECTION 6. THURSDAY, MARCH 28, 2013 3053 On the adoption of the amendment, there were no objections, and the McKoon 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone 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. HB 338, having received the requisite constitutional majority, was passed as amended. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 78. By Representatives Willard of the 51st, Jones of the 47th, Lindsey of the 54th, Abrams of the 89th, Cooper of the 43rd and others: A BILL to be entitled an Act to amend Title 16, Code Section 24-13-130, Chapter 5 of Title 30, and Article 4 of Chapter 8 of Title 31 of the 3054 JOURNAL OF THE SENATE O.C.G.A., relating to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities; to change provisions relating to cruelty to a person 65 years of age or older; to prohibit exploitation of disabled adults, elder persons, and residents; to move relevant criminal penalties from Title 30 into Title 16; to amend Code Section 17-17-3, Title 31, Chapter 3 of Title 35, and Code Sections 42-8-63.1 and 49-2-14.1 of the O.C.G.A., so as to provide for conforming cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitutes, as amended by the House, to the following Bills of the House: HB 87. By Representatives Hightower of the 68th, Smith of the 70th, Powell of the 171st, Nix of the 69th, Cooke of the 18th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 276. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Smith of the 70th and Nix of the 69th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset date for certain hazardous waste fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 407. By Representatives Powell of the 32nd, Hitchens of the 161st, Atwood of the 179th, Rice of the 95th and Taylor of the 173rd: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, THURSDAY, MARCH 28, 2013 3055 suspension, and revocation of drivers' licenses, and Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to modify and extend provisions related to the mandatory use of ignition interlock devices following a second conviction for driving under the influence of alcohol or drugs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendments to the following Bill of the House: HB 150. By Representatives Bruce of the 61st, Pruett of the 149th, Roberts of the 155th, Burns of the 159th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10, Chapter 1 of Title 35, Article 4 of Chapter 18 of Title 50, and Title 51 of the O.C.G.A., relating to selling and other trade practices, general provisions for law enforcement officers and agencies, inspection of public records, and torts, respectively, so as to enact provisions relating to the reproduction of arrest booking photographs; to require law enforcement agencies to copyright or watermark certain photographs; to authorize copyrighting of public records; to provide for the right of publicity in an individual's persona; to prohibit the use of an individual's persona for commercial purposes without authorization; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 361. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; to repeal conflicting laws; and for other purposes. 3056 JOURNAL OF THE SENATE The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives O`Neal of the 146th, Wilkinson of the 52nd, and Golick of the 40th. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Jackson of the 24th Jeffares of the 17th Senator Beach of the 21st asked unanimous consent that HB 393, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 393, having been taken from the Table, was put upon its passage. HB 393. By Representatives Hamilton of the 24th, Lindsey of the 54th, Carter of the 175th, Hatchett of the 150th, Kirby of the 114th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 34 of the O.C.G.A., relating to the Georgia Workforce Investment Board; to provide for powers and duties of the Georgia Workforce Investment Board; to provide for its meetings and chairperson; to provide for certain priorities of service; to provide for local workforce investment areas; to provide for local workforce investment boards and their composition, officers, meetings, powers, duties, and immunities; to provide for certification and funding and budgets; to provide for contracts and limitations with regard thereto; to provide for sanctions for nonperformance and lack of fiscal responsibility; to provide for the delivery of certain services and limitations thereon; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Beach of the 21st. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, MARCH 28, 2013 3057 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler E Jackson, B N Jackson, L N James E Jeffares Y Jones, B N Jones, E Ligon Loudermilk N Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 40, nays 10. Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer N Sims Y Staton Stone N Tate N Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams HB 393, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary: Senator Freddie Powell Sims District 12 110-A State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Education and Youth Appropriations Natural Resources and the Environment Retirement The State Senate Atlanta, Georgia 30334 March 28, 2013 I, Senator Freddie Powell Sims from District 12 request a vote change for HB 393 from Nay to Yes. Thank you! /s/ Senator Freddie Powell Sims 3058 JOURNAL OF THE SENATE Senator Curt Thompson District 5 121-I State Capitol Atlanta, GA 30334 Committees: Special Judiciary Judiciary Non-Civil Appropriations Ethics Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 3/28/13 I request to be recorded as a yes vote on HB 393 as my vote was recorded in error. /s/ Curt Thompson Senator Mullis of the 53rd was excused as a Conferee. Senator Stone of the 23rd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; 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 283 (HB 283/SCSFA/2) by inserting after "nonprofit corporation" on line 12 the following: to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for such organizations; to change certain provisions relating to taxation reporting requirements for such organizations; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia THURSDAY, MARCH 28, 2013 3059 Annotated, relating to the imposition, rate, and computation of income taxes, so as to change certain provisions relating to qualified education tax credits; to provide for effective dates and applicability; By striking lines 752 through 754 and lines 773 through 775 and inserting in lieu thereof the following: cooperative efforts with the school; and By inserting between lines 930 and 931 the following: (b.1) Pursuant to this Code section, the office may establish a nonprofit corporation to be designated as the Innovation Fund Foundation to promote public-private partnerships between businesses, nonprofit organizations, institutions of higher education, local school systems, and public schools, for the purpose of improving student achievement. Funds received by the foundation may be awarded through a competitive grant process administered by the office. The General Assembly may appropriate funds for purposes of this foundation beginning in Fiscal Year 2015. By inserting between lines 946 and 947 the following: SECTION 33A. Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, is amended by revising paragraph (1) of Code Section 20-2A1, relating to definitions, as follows: "(1) 'Eligible student' means a student who is a Georgia resident who, immediately prior to receiving a scholarship or tuition grant under Code Section 20-2A-2 and enrolling in a qualified school or program, was enrolled in and attended for at least six weeks a Georgia secondary or primary public school or who is eligible to enroll in a qualified first grade, kindergarten program, or pre-kindergarten program; provided, however, that if a student is deemed an eligible student pursuant to this paragraph, he or she shall continue to qualify as such until he or she graduates, reaches the age of 20, or returns to a public school, whichever occurs first; and provided, further, that the enrollment and six-week public school attendance requirements shall be waived in the case of a student who, based on the school attendance zone of his or her primary residence, is or would be assigned to a public school that the Office of Student Achievement determines to be a low-performing school, who is the subject of officially documented cases of school based physical violence or student related verbal abuse threatening physical harm, or who was enrolled in a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 for at least one year immediately prior to receiving a scholarship or tuition grant under Code Section 20-2A-2." SECTION 33B. Said chapter is further amended by revising Code Section 20-2A-2, relating to requirements for student scholarship organizations, as follows: 3060 JOURNAL OF THE SENATE "20-2A-2. Each student scholarship organization: (1) Must With respect to the first $1.5 million of its annual revenue received from donations for scholarships or tuition grants, must obligate for scholarships or tuition grants at least 90 percent of such its annual revenue received from donations for scholarships or tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $1.5 million and up to and including $10 million, must obligate at least 93 percent of such revenue for scholarships and tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $10 million and up to and including $20 million, must obligate at least 94 percent of such revenue for scholarships and tuition grants; and, with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $20 million, must obligate at least 95 percent of such revenue for scholarships and tuition grants however, up to 25 percent of this amount may be carried forward for the next fiscal year. On or before the end of the calendar year following the calendar year in which a student scholarship organization receives revenues from donations and obligates them for the awarding of scholarships or tuition grants, the student scholarship organization shall designate the obligated revenues for specific student recipients. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants, the student scholarship organization may distribute the entire obligated and designated revenues to a qualified school or program to be held in accordance with Department of Revenue rules for distribution to the specified recipients during the years in which the recipients are projected in writing by the private school to be enrolled at the qualified school or program. In making a multiyear distribution to a qualified school or program, the student scholarship organization shall require that if the designated student becomes ineligible or for any other reason the qualified school or program elects not to continue disbursement of the multiyear scholarship or tuition grant to the designated student for all the projected years, then the qualified school or program shall immediately return the remaining funds to the student scholarship organization. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants for which the student scholarship organization distributes the obligated and designated revenues to a qualified school or program annually rather than the entire amount, if the designated student becomes ineligible or for any other reason the student scholarship organization elects not to continue disbursement for all years, then the student scholarship organization shall designate any remaining previously obligated revenues for a new specific student recipient on or before the end of the following calendar year. The maximum scholarship amount given by the student scholarship organization in any given year shall not exceed the average state and local expenditures per student in fall enrollment in public elementary and secondary education for this state. The Department of Education shall determine and publish THURSDAY, MARCH 28, 2013 3061 such amount annually, no later than January 1; (1.1) In awarding scholarships or tuition grants, shall consider financial needs of students based on all sources, including the federal adjusted gross income from the federal income tax return most recently filed by the parents or guardians of such students, as adjusted for family size. If the parents or guardians of a student have not filed a federal income tax return in either of the two calendar years immediately preceding the year of application, the student scholarship organization shall consider the financial need of the student based on proof of employment income of the parents or guardians from the 30 consecutive days closest to when the applicant submitted the scholarship application and on any other sources of income, including, but not limited to, unemployment benefits, social security benefits, and child support benefits; (2) Must maintain separate accounts for scholarship funds and operating funds. Until obligated revenues are designated for specific student recipients, the student scholarship organization shall hold the obligated revenues in a bank or investment account owned by the student scholarship organization and over which it has complete control; (3) Must have an independent board of directors with at least three members; (4) May transfer funds to another student scholarship organization; (5) Must conduct an audit of its accounts by an independent certified public accountant within 120 days after the completion of the student scholarship organization's fiscal year verifying that it obligated for scholarships or tuition grants at least 90 percent of its annual revenue received from donations for scholarships or tuition grants has complied with all requirements of this Code section, including but not limited to financial requirements. Each student scholarship organization shall provide a copy of and provide such audit to the Department of Revenue in accordance with Code Section 20-2A-3. Notwithstanding Code Sections 20-2A-7, 48-2-15, 48-760, and 48-7-61, if the copy of the audit submitted fails to verify that the student scholarship organization obligated its annual revenue received from donations for scholarships or tuition grants as required under paragraph (1) of this Code section; that obligated revenues were designated for specific student recipients within the time frame required by paragraph (1) of this Code section; and that all obligated and designated revenue distributed to a qualified school or program for the funding of multiyear scholarships or tuition grants complied with all applicable Department of Revenue rules, then the Department of Revenue shall post on its website the details of such failure to verify. Until any such noncompliant student scholarship organization submits an amended audit, which, to the satisfaction of the Department of Revenue, contains the verifications required under this Code section, the Department of Revenue shall not preapprove any contributions to the noncompliant student scholarship organization; and (6) Must annually submit notice to the Department of Education in accordance with department guidelines of its participation as a student scholarship organization under this chapter." 3062 JOURNAL OF THE SENATE SECTION 33C. Said chapter is further amended by revising Code Section 20-2A-3, relating to taxation reporting requirements for student scholarship organizations, as follows: "(a) Each student scholarship organization must report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following: (1) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (2) The total number and dollar value of corporate contributions and tax credits approved; (3) The total number and dollar value of scholarships awarded to eligible students; and (4) The total number of families of scholarship recipients who fall within each quartile of Georgia adjusted gross income as defined and reported annually by the Department of Revenue and the average number of dependents of recipients for each quartile; and (4)(5) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. Such report shall also include a copy of the audit conducted pursuant to paragraph (5) of Code Section 20-2A-2. The Department of Revenue shall post on its website the information received by from each student scholarship organization pursuant to paragraphs (1) through (4) of this subsection. (b) The Department of Revenue shall not require any other information from student scholarship organizations, except as expressly authorized in this chapter. Except for the information reported pursuant to paragraphs (1) through (4) of subsection (a) of this Code section, all All information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the student scholarship organization." SECTION 33D. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, is amended by revising Code Section 48-7-29.16, relating to qualified education tax credits, as follows: "48-7-29.16. (a) As used in this Code section, the term: (1) 'Eligible student' shall have the same meaning as in paragraph (1) of Code Section 20-2A-1. (1)(2) 'Qualified education expense' means the expenditure of funds by the taxpayer during the tax year for which a credit under this Code section is claimed and allowed to a student scholarship organization operating pursuant to Chapter 2A of Title 20 THURSDAY, MARCH 28, 2013 3063 which are used for tuition and fees for a qualified school or program. (2)(3) 'Qualified school or program' shall have the same meaning as in paragraph (2) of Code Section 20-2A-1. (3)(4) 'Student scholarship organization' shall have the same meaning as in paragraph (3) of Code Section 20-2A-1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education expenses as follows: (1) In the case of a single individual or a head of household, the actual amount expended or $1,000.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, the actual amount expended or $2,500.00 per tax year, whichever is less; or (3) Anything to the contrary contained in paragraph (1) or (2) of this subsection notwithstanding, in the case of an individual who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the amount expended or $10,000.00 per tax year, whichever is less; provided, however, that tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such member of the limited liability company, shareholder of a Subchapter 'S' corporation, or partner in a partnership. (c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified education expenses in an amount not to exceed the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d)(1) The tax credit shall not be allowed if the taxpayer designates the taxpayer's qualified education expense for the direct benefit of any particular individual, whether or not such individual is a dependent of the taxpayer. (2) In soliciting contributions, a student scholarship organization shall not represent, or direct a qualified private school to represent, that, in exchange for contributing to the student scholarship organization, a taxpayer shall receive a scholarship for the direct benefit of any particular individual, whether or not such individual is a dependent of the taxpayer. The status as a student scholarship organization shall be revoked for any such organization which violates this paragraph. (e) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (f)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $50 $65 million per tax year; provided, however, that this maximum amount shall be adjusted annually until January 1, 2018, which adjustment may be based on the most recent annual percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average All Items Index, published by the Bureau of Labor Statistics of the United States Department of Labor, as determined by the department. 3064 JOURNAL OF THE SENATE (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, a student scholarship organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a student scholarship organization, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of contributions that the taxpayer intends to make to the student scholarship organization. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer and shall provide written notice to the taxpayer and the student scholarship organization of such preapproval or denial which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the student scholarship organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection. The department shall establish a webbased web based donation approval process to implement this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to student scholarship organizations if the commissioner preapproved a donation for a tax credit prior to the date the student scholarship organization is removed from the Department of Education list pursuant to Code Section 20-2A-7, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (g) In order for the taxpayer to claim the student scholarship organization tax credit under this Code section, a letter of confirmation of donation issued by the student scholarship organization to which the contribution was made shall be attached to the taxpayer's tax return. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (h)(1) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal THURSDAY, MARCH 28, 2013 3065 Revenue Code. (2) The amount of any scholarship received by an eligible student or eligible prekindergarten student shall be excluded from taxable net income for Georgia income tax purposes. (i) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this Code section." SECTION 33E. Sections 33A through 33E 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, 2013. All other sections shall become effective on July 1, 2013. Senator Tippins of the 37th moved that the Senate agree to the House amendment to the Senate substitute to HB 283 as amended by the following amendment: Amend the House amendment AM 33 1359 to the Senate substitute to HB 283 by striking $65 on line 202 and replacing with $58 . Senator Carter of the 42nd offered the following amendment #1a: Amend amendment #1 to AM 33 1359 to HB 283 by on line 2 striking "$58" and replacing it with "$50" On the adoption of amendment #1a, Senator Carter of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers Balfour Y Beach N Bethel N Burke Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis N Dugan Y Fort Y Harbison N Harper N Heath Y Henson N Hill, H N Hill, Jack N Hill, Judson N Hufstetler N Jackson, B Y Jackson, L Y James N Jeffares Y Jones, B Y Jones, E N Ligon N Loudermilk Y Miller C Mullis N Murphy Y Orrock Ramsey Y Seay N Shafer Y Sims N Staton E Stone Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman 3066 JOURNAL OF THE SENATE N Ginn Y Golden N Gooch Y Lucas N McKoon N Millar Wilkinson N Williams On the adoption of the amendment, the yeas were 21, nays 30, and the Carter of the 42nd amendment #1a to the Tippins amendment #1 was lost. On the motion to agree to the House amendment to the Senate substitute to HB 283 as amended, a roll call was taken and the vote was as follows: N Albers Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane N Crosby Y Davenport Y Davis N Dugan N Fort Y Ginn N Golden N Gooch N Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson N Hufstetler Y Jackson, B N Jackson, L Y James N Jeffares N Jones, B Y Jones, E N Ligon N Loudermilk Lucas N McKoon N Millar N Miller C Mullis N Murphy N Orrock Ramsey Y Seay Y Shafer N Sims Y Staton E Stone N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the motion, the yeas were 24, nays 27; the motion lost, and the Senate did not agree to the House amendment to the Senate substitute to HB 283 as amended by the Senate. The following communication was received by the Secretary: Committees: Senator Jack Murphy Regulated Industries and Utilities District 27 Appropriations 325-A Coverdell Legislative Office Building Public Safety Atlanta, GA 30334 Rules The State Senate Atlanta, Georgia 30334 THURSDAY, MARCH 28, 2013 3067 Please change my vote on HB-283 to YES. 3-28-13 /s/ Jack Murphy 27th Senator Shafer of the 48th was excused as a Conferee. Senator Hufstetler of the 52nd asked unanimous consent that HB 337, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 337, having been taken from the Table, was put upon its passage. HB 337. By Representatives Fleming of the 121st, Carter of the 175th, Cooper of the 43rd, Coleman of the 97th, Frye of the 118th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A., relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of auto-injectable epinephrine; to provide for definitions; to provide for requirements and reporting; to provide for arrangements with manufacturers; to provide for rules and regulations; to provide for limited liability; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to authorize licensed health practitioners to prescribe auto-injectable epinephrine for schools; to authorize pharmacists to fill such prescriptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler of the 52nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Sims 3068 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas McKoon Y Millar Y Staton E Stone 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 46, nays 0. HB 337, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused as a Conferee. Senator Ginn of the 47th asked unanimous consent that HB 517, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 517, having been taken from the Table, was put upon its passage. HB 517. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Tankersley of the 160th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores and other licensees for the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores and other licensees shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; 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 517: THURSDAY, MARCH 28, 2013 3069 A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores as to the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising subsection (a) of Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites, as follows: "(a)(1) No person knowingly and intentionally may sell or offer to sell: (A) Any distilled spirits in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus; (B) Any wine or malt beverages within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of wine and beer was lawful at such location at any time during the 12 months immediately preceding such application;. Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only wine and malt beverages for consumption off the premises from selling wine or malt beverages within 100 yards of any college campus, where so permitted by resolution or ordinance of the county or municipality. As used in this subparagraph, the term 'grocery store' means a retail establishment which has at least 80 percent of its total retail floor space reserved for the sale of food and other nonalcoholic items; or (C) Any distilled spirits, wine, or malt beverages within 100 yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981. (2) As used in this subsection, the term 'school building' or 'educational building' shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools or private schools as defined in subsection (b) of Code Section 20-2-690." 3070 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 Beach N Bethel Y Burke N Butler Y Carter, B Y Carter, J Chance Y Cowsert N Crane N Crosby N Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison N Harper N Heath Y Henson Y Hill, H Hill, Jack C Hill, Judson Y Hufstetler N Jackson, B N Jackson, L Y James Y Jeffares Y Jones, B N Jones, E N Ligon N Loudermilk Y Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 32, nays 19. Y Miller N Mullis Y Murphy N Orrock N Ramsey N Seay C Shafer Y Sims Y Staton Y Stone N Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams HB 517, having received the requisite constitutional majority, was passed by substitute. At 3:07 p.m. the President announced that the Senate would stand at ease until 3:37 p.m. At 3:37 p.m. the President called the Senate to order. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendments to the following Bill of the House: THURSDAY, MARCH 28, 2013 3071 HB 475. By Representatives Pak of the 108th, Ramsey of the 72nd, Rice of the 95th, Stephens of the 164th, Powell of the 32nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the commissioner of driver services to enter into reciprocal agreements on behalf of Georgia for the recognition of drivers' licenses issued by foreign territories; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 21. By Representative Oliver of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to provide for postadoption contact agreements; to provide for procedure; to provide for jurisdiction; to provide for modification of such agreements; 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 46. By Representatives Holt of the 112th, Welch of the 110th, Dickerson of the 113th and Rutledge of the 109th: A RESOLUTION honoring the life of Mr. Pierce Lovett Cline and dedicating a bridge in his memory; and for other purposes. The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 177. By Senators Ginn of the 47th, Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: 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 change the membership of the Georgia Tourism Foundation; to provide for related matters; to repeal conflicting laws; and for other purposes. The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate: 3072 JOURNAL OF THE SENATE SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; 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 England of the 116th, Kirby of the 114th, and Parrish of the 158th. Mr. President: The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Rice of the 95th, Powell of the 32nd, and Battles of the 15th. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International THURSDAY, MARCH 28, 2013 3073 Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 434. By Representatives Weldon of the 3rd, Willard of the 51st and Jacobs of the 80th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide that special liens include the amount due and interest on such amount; 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 502. By Representatives Tanner of the 9th, Jones of the 47th, O`Neal of the 146th, Abrams of the 89th, Lindsey of the 54th and others: A RESOLUTION creating the Joint Study Committee on Mental Health and School Violence; and for other purposes. The following resolution was read and adopted: SR 731. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending the Gordon Lee Pep Squad; and for other purposes. Senator Ginn of the 47th was excused for business outside the Senate Chamber. Senator Hill of the 6th asked unanimous consent that HB 156, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 156, having been taken from the Table, was put upon its passage. 3074 JOURNAL OF THE SENATE HB 156. By Representatives Neal of the 2nd, Atwood of the 179th, Nix of the 69th, Hitchens of the 161st and Hightower of the 68th: A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, so as to clarify certain acts amounting to unlawfully seducing, soliciting, luring, or enticing a child through use of a computer online service, Internet service, or similar service, to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 6th. The Senate Judiciary Non-Civil Committee offered the following substitute to HB 156: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against minors generally, so as to modernize provisions of the Code relating to sexual conduct and technology; to provide reduced punishment of certain crimes committed by children; to clarify certain acts as the elements of unlawfully seducing, soliciting, luring, or enticing a child through use of a computer, Internet service, or similar service; to revise definitions; to provide reduced punishment of certain crimes committed by children; to clarify certain acts as the elements of unlawfully seducing, soliciting, luring, or enticing a child through use of a computer, Internet service, or similar service; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against minors generally, is amended by revising subsections (d) and (g) of Code Section 16-12-100, relating to sexual exploitation of children, as follows: "(d) The provisions of subsection (b) of this Code section shall not apply to: (1) The the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; (2) Legitimate or to legitimate medical, scientific, or educational activities; or (3) Any person who creates or possesses a visual medium depicting only himself or herself engaged in sexually explicit conduct." "(g)(1) Except as otherwise provided in paragraph paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of THURSDAY, MARCH 28, 2013 3075 a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00. In the event; provided, however, that if the person so convicted is a member of the immediate family of the victim, no fine shall be imposed. (2) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor. (3) Any person who violates paragraph (1), (3), (5), (6), (7), or (8) of subsection (b) of this Code section shall be guilty of a misdemeanor if: (A) The minor depicted was at least 14 years of age at the time the visual medium was created; (B) The visual medium was created with the consent of the minor depicted; (C) The visual medium was distributed to the defendant with the consent of the minor depicted; and (D) The defendant was 18 years of age or younger at the time of the offense and: (i) The defendant's violation of such paragraphs did not involve the redistribution of such visual medium; or (ii) In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation of such paragraphs involved the redistribution of such visual medium but such redistribution of the visual medium was not for the purpose of: (I) Harassing, intimidating, or embarrassing the minor depicted; or (II) For any commercial purpose." SECTION 2. Said part is further amended in Code Section 16-12-100.1, relating to electronically furnishing obscene materials to minors, by revising paragraphs (1) and (3) of subsection (a) and subsection (c) and by adding a new subsection to read as follows: "(1) 'Bulletin board system' means a computer data and file service that is accessed wirelessly or by telephone line physical connection to store and transmit information." "(3) 'Electronically furnishes' means: (A) To make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM; or (B) To make available by allowing access to information stored in a computer, including making material available by operating a computer bulletin board system." "(c) Except as provided in subsection (d) of this Code section, any Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (d) Any person who violates this Code section shall be guilty of a misdemeanor if: (1) At the time of the offense, the minor receiving the obscene materials was at least 14 years of age; (2) The receipt of the materials was with the consent of the minor; and (3) The defendant was 18 years of age or younger." 3076 JOURNAL OF THE SENATE SECTION 3. Said part is further amended by revising subsections (c), (d), and (e) of Code Section 1612-100.2, relating to computer or electronic pornography and child exploitation prevention, as follows: "(c)(1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully: (A) Compiles, enters into, or transmits by computer or other electronic device; (B) Makes, prints, publishes, or reproduces by other computer or other electronic device; (C) Causes or allows to be entered into or transmitted by computer or other electronic device; or (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with an identifiable child or the visual depiction of such conduct. (2) Except as provided in paragraphs (3) and (4) of this subsection, any Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years. (3) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor if: (A) At the time of the offense, any identifiable child visually depicted was at least 14 years of age when the visual depiction was created; (B) The visual depiction was created with the consent of such child; (C) The defendant possessed the visual depiction with the consent of such child; and (D) The defendant was 18 years of age or younger at the time of the offense and: (i) The defendant did not redistribute the visual depiction; or (ii) In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation involved the redistribution of such visual depiction but such redistribution of the visual depiction was not for the purpose of: (I) Harassing, intimidating, or embarrassing the minor depicted; or (II) For any commercial purpose. (4) The prohibition contained in paragraph (1) of this subsection shall not apply to any person who creates or possesses a visual depiction of only himself or herself. (d)(1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, on-line instant messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or, another person believed by such person to be a child, any person having custody or control of a child, or another person believed by such person to have custody or control of a child to commit any illegal act by, with, or THURSDAY, MARCH 28, 2013 3077 against a child as described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency, or to engage in any conduct that by its nature is an unlawful sexual offense against a child. (2) Any person who violates paragraph (1) 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 $25,000.00; provided, however, that, if at the time of the offense the victim was at least 14 or 15 years of age and the defendant was no more than three years older than the victim 18 years of age or younger, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature. (e)(1) A person commits the offense of obscene Internet contact with a child if he or she has contact with someone he or she knows to be a child or with someone he or she believes to be a child via a computer on-line wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, or on-line instant messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for a violation of this subsection on the unsupported testimony of a child. (2) Any person who violates paragraph (1) 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 ten years or by a fine of not more than $10,000.00; provided, however, that, if at the time of the offense the victim was at least 14 or 15 years of age and the defendant was no more than three years older than the victim 18 years of age or younger, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature." SECTION 4. Said part is further amended by revising Code Section 16-12-105, relating to penalties for violating Code Sections 16-12-103 and 16-12-104, as follows: "16-12-105. (a) Except as provided in subsection (b) of this Code section, any Any person who violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a misdemeanor of a high and aggravated nature. (b) Any person who violates subsection (a) of Code Section 16-12-103 shall be guilty of a misdemeanor if: (1) The minor depicted was at least 14 years of age; (2) The items described in subsection (a) of Code Section 16-12-103 were furnished or disseminated with the consent of the minor depicted; (3) The defendant did not redistribute the items described in subsection (a) of Code 3078 JOURNAL OF THE SENATE Section 16-12-103; and (4) The defendant was 18 years of age or younger at the time of the offense." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Hill of the 6th, Bethel of the 54th, Stone of the 23rd and Carter of the 42nd offered the following amendment #1: Amend the Senate Judiciary, Non-civil Committee substitute to HB 156 (LC 29 5637S) by deleting "(3)," and "(6)," from line 29. By replacing "consent" with "permission" on lines 33, 61, 86, 87, and 141. By inserting "and" after the semicolon on lines 33 and 141. By deleting lines 34 and 35 and replacing "(D)" with "(C)" on line 36. By replacing "redistribution" with "distribution" on lines 37, 40, and 91. By inserting "to another person" after "medium" on line 38. By replacing line 41 with the following: of such visual medium to another person but such distribution was not for the By replacing line 89 with the following: (i) The defendant did not distribute the visual depiction to another person; or By replacing line 92 with the following: depiction to another person but such distribution was not for the purpose of: By replacing "minor" with "person" on line 139. By deleting lines 142 and 143 and replacing "(4)" with "(3)" on line 144. On the adoption of the amendment, there were no objections, and the Hill of the 6th, 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. THURSDAY, MARCH 28, 2013 3079 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort E Ginn Y Golden Y Gooch Harbison Harper Y Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone 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 156, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Committees: Senator Tyler Harper Agriculture and Consumer Affairs District 7 Natural Resources and the Environment 301-B Coverdell Legislative Office Building Public Safety Atlanta, GA 30334 Retirement Mr. Secretary- The State Senate Atlanta, Georgia 30334 3/28/13 I inadvertently missed the vote on HB 156. If I would have voted I would have voted "Yes". /s/ Tyler Harper 7th 3080 JOURNAL OF THE SENATE Senator Jones of the 25th asked unanimous consent that HB 177, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 177, having been taken from the Table, was put upon its passage. HB 177. By Representatives Wilkinson of the 52nd, Epps of the 144th, Kidd of the 145th, Harbin of the 122nd, Peake of the 141st and others: A BILL to be entitled an Act to amend Code Section 12-3-402 of the Official Code of Georgia Annotated, relating to the creation and operation of the Oconee River Greenway Authority, so as to change the membership of the authority; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jones 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 Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone 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 177, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 28, 2013 3081 Senator Tolleson of the 20th asked unanimous consent that HB 226, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 226, having been taken from the Table, was put upon its passage. HB 226. By Representatives Nix of the 69th, Burns of the 159th, Roberts of the 155th, Mosby of the 83rd, Drenner of the 85th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 226: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; 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 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 12-8-22, 3082 JOURNAL OF THE SENATE relating to solid waste management definitions, by revising paragraphs (5), (32), and (39) and adding two new paragraphs to read as follows: "(4.2) 'Compost' means a stabilized organic material produced by controlled aerobic decomposition that can be used as a soil additive, fertilizer, or growth media. (5) 'Composting' means the controlled accelerated biological decomposition of organic matter into a stable, odor-free humus under controlled aerobic conditions, creating compost." "(32) 'Scrap tire carrier' means any person engaged in picking up or transporting scrap tires for the purpose of removal to a scrap tire processor, end user, or disposal facility Reserved." "(38.1) 'Tire carrier' means any person engaged in collecting or transporting tires, other than new tires. (39) 'Tire retailer' means any person, other than a used motor vehicle parts dealer licensed in accordance with Chapter 47 of Title 43, engaged in the business of selling new replacement tires or used tires." "(40.1) 'Used tire' means a tire which has a minimum of 2/32 inch of road tread and which is still suitable for its original purpose but is no longer new. A tire retailer shall inventory and market used tires in substantially the same fashion as a new tire and be able to provide satisfactory evidence to the division that a market for the tire exists and the tire is in fact being marketed as a used tire. A used tire shall not be considered solid waste." SECTION 2. Said part is further amended in Code Section 12-8-23, relating to powers and duties of the board, by revising subparagraph (J) of paragraph (1) as follows: "(J) Rules and regulations regulating the generation, collection, processing, and disposal of scrap tires and the collection, inventory, and marketing of used tires and governing the investigation and cleanup of sites where scrap tires have been disposed regardless of the date when such disposal occurred; and" SECTION 3. Said part is further amended in Code Section 12-8-27.1, relating to the solid waste trust fund, by revising subsection (a) as follows: "(a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-27, Code Section 12-8-30.6, and Code Section 12-8-40.1 may be expended by the director, with the approval of the board, for the following purposes: (1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility; (2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where THURSDAY, MARCH 28, 2013 3083 the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; (3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to the identity or solvency of the owner thereof, commencing five years after the date of completing closure; and (4) To take such actions as may be necessary to implement the provisions of a scrap tire management program in this state, particularly as may be related to the cleanup of scrap tire disposal piles and facilities, regulation of scrap tire carriers and other handlers, and disbursement of grants and loans to cities, counties, and other persons as may be necessary to implement fully the provisions of this part." SECTION 4. Said part is further amended in Code Section 12-8-30.8, relating to penalties for solid waste management violations, by adding a new subsection to read as follows: "(c) Any sheriff, deputy sheriff, or other peace officer or local code enforcement officer shall have the authority to enforce the provisions of subsection (c) of Code Section 12-8-40.1." SECTION 5. Said part is further amended by revising Code Section 12-8-40.1, relating to tire disposal restrictions, as follows: "12-8-40.1. (a) Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on scrap tires originating in or which may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to: (1) A ban on the disposal of scrap tires at solid waste disposal facilities within its control; and (2) A requirement that scrap tires be recycled, shredded, chopped, or otherwise processed in an environmentally sound manner prior to disposal at solid waste disposal facilities owned or operated by the city, county, or authority. (b) After December 31, 1994, no person may dispose of scrap tires in a solid waste landfill unless the scrap tires are shredded, chopped, or chipped in accordance with standards established by the board and: (1) The director finds that the reuse or recycling of scrap tires is not economically feasible; or (2) The scrap tires are received from a municipal solid waste collector holding a valid solid waste collection permit under authority of this part and who transports fewer than ten scrap tires at any one time; or (3) The scrap tires are received from a person transporting fewer than five scrap tires in combination with the person's own solid waste for disposal. 3084 JOURNAL OF THE SENATE (c)(1) No person shall collect or transport scrap any tires, other than new tires, for the purpose of processing or disposal, process scrap tires, or purport to be in the business of collecting, transporting, or processing scrap tires unless the person: has a scrap tire carrier or processor permit issued by the division. For purposes of this paragraph, the term 'process scrap tires' means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use. (A) Obtains a tire carrier permit issued by the division; and (B) Displays on each vehicle used to collect or transport tires a decal issued by the division; provided, however, that this subparagraph shall not apply to a common carrier that collects tires exclusively from outside this state and transports them directly to a scrap tire processor or end user within this state. (2) As a condition of holding a permit to collect scrap or transport tires, each permitted person shall: (A) Report to the division in such manner and with such frequency as the division shall require the number of scrap tires transported and the manner of disposition; (B) Maintain financial assurance in accordance with subsection (l) of this Code section; and (C) Submit such other data as is determined by the board to be reasonably necessary to protect public health and the environment.; and (D) Pay to the division a nominal fee for each decal issued. (c.1) No person shall process scrap tires unless the person has a scrap tire processing permit issued by the division. For purposes of this subsection, the term 'process scrap tires' means any method, system, or other treatment designed to change the physical form, size, or chemical content of scrap tires for beneficial use. (d) Subsection (c) of this Code section shall not apply to: (1) A municipal solid waste collector holding a valid solid waste collection permit under authority of this part whose primary business is the collection of municipal solid waste; (2) A private individual transporting no more than ten of the individual's own scrap tires to a scrap tire processor or end user or for proper disposal or a private individual transporting more than ten tires if such individual can provide proof of purchase with receipt for such tires; (3) A company transporting the company's own scrap tires to a scrap tire processor or end user or for proper disposal; and (4) A tire retailer transporting its own used tires if such dealer can provide proof of purchase with receipt for all used tires being transported and a document verifying the origin, route, and destination of such used tires; (5) Any person transporting tires collected as part of an organized site cleanup activity; and (4)(6) The United States, the State of Georgia, any county, municipality, or public authority. (e) After July 1, 1992, any person who generates scrap tires shall: (1) Notify the division of such activities, requesting the issuance of an identification THURSDAY, MARCH 28, 2013 3085 number, which number shall be used on scrap tire shipment manifests; (2) Have the scrap tires collected and transported by persons in compliance with subsection (c) of this Code section; (3) Maintain receipts indicating the disposition of the scrap tires; (4) Maintain receipts indicating the permit number and name of the scrap tire carrier to whom the tires were given; (5) Maintain receipts indicating the disposal site or processing facility where the scrap tires were taken including the date of such disposal and the number of scrap tires; and (6) Provide such other information as the board shall require and for such period of time as the board deems appropriate. (f) No person may store more than 100 25 scrap tires anywhere in this state. Any person storing in excess of 100 25 scrap tires shall be deemed to be in violation of this part. (g) Subsection (f) of this Code section shall not apply to any of the following: (1) A solid waste disposal site permitted by the division if the permit authorizes the storage of scrap tires prior to their disposal; (2) A tire retailer with not more than 3,000 1,500 scrap tires in storage; (3) A tire retreader with not more than 1,500 3,000 scrap tires in storage so long as the scrap tires are of the type the retreader is actively retreading; (4) An auto salvage yard A licensed used motor vehicle parts dealer or registered secondary metals recycler with not more than 500 scrap tires in storage; and (5) A scrap tire processor approved by the division so long as the number of scrap tires in storage do not exceed the quantity approved by the division if all of the scrap tires are secured in a locked enclosure or are otherwise adequately secured in a manner suitable to prevent unauthorized access; provided, however, that the division may grant a waiver of the enclosure requirement if the person requesting the waiver can definitively show a significant and unique economic hardship which impairs such person's ability to continue operating his or her business. (h)(1) Beginning July 1, 1992, a fee is imposed upon the retail sale of all new replacement tires in this state of $1.00 per tire sold. The fee shall be collected by retail dealers at the time the retail dealer sells a new replacement tire to the ultimate consumer; provided, however, that a Georgia tire distributor who sells tires to retail dealers must collect such fees from any retail dealer who does not have a valid scrap tire generator identification number issued by the division. The fee and any required reports shall be remitted not less than quarterly on such forms as may be prescribed by the division. The division is authorized to contract with the Department of Revenue to, and the Department of Revenue is authorized to, collect such fees on behalf of the division. All fees received shall be deposited into the state treasury to the account of the general fund in accordance with the provisions of Code Section 4512-92. All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. (2) In collecting, reporting, and paying the fees due under this subsection, each 3086 JOURNAL OF THE SENATE distributor or retailer shall be allowed the following deductions, but only if the amount due was not delinquent at the time of payment: (A) A deduction of 3 percent of the first $3,000.00 of the total amount of all fees reported due on such report; and (B) A deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the total amount of all fees reported due on such report. (3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2014. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the solid waste trust fund. (i)(1) The division may abate any threat or potential threat to public health or the environment created or which could be created by scrap tires or other scrap tire materials by removing or processing the scrap tires or other scrap tire materials. Before taking any action to abate the threat or potential threat, the division shall give any person having the care, custody, or control of the scrap tires or materials or owning the property upon which the scrap tires or materials are located notice of the division's intentions and order the responsible party to abate the threat or potential threat in a manner approved by the division. Such order shall be issued in accordance with Code Section 12-8-30. (2) If the responsible party is unable or unwilling to comply with such order or if no person who has contributed or is contributing to the scrap tires or scrap tire materials which are to be abated can be found, the director may undertake cleanup of the site utilizing funds from the solid waste trust fund. (3) The division or its contractors may enter upon the property of any person at such time and in such manner as deemed necessary to effectuate the necessary corrective action to protect human health and the environment. (4) Neither the State of Georgia nor the solid waste trust fund established in Code Section 12-8-27.1 shall be liable for any loss of business, damages, or taking of property associated with the corrective action. (5) The division may bring an action or proceeding against the property owner or the person having possession, care, custody, or control of the scrap tires or other scrap tire materials to enforce the corrective action order issued under Code Section 12-8-30 and recover any reasonable and necessary expenses incurred by the division for corrective action, including administrative and legal expenses. The division's certification of expenses shall be prima-facie evidence that the expenses are reasonable and necessary. Notwithstanding any other provision of this subsection, any generator of scrap tires who is identified as being a contributor to the materials which are the object of the abatement and who can document that he or she has fully complied with this part and all rules promulgated pursuant to this part in disposing of such scrap tires shall not be liable for any of the cost of recovery actions of the abatement. (6) Nothing in this part shall affect the right of any municipality or county to abate or clean up scrap tires or scrap tire materials which are a threat or potential threat to THURSDAY, MARCH 28, 2013 3087 human health or the environment. The division may reimburse such local governments for such actions in accordance with procedures approved by the board. (j) Except for the purposes of scrap tire corrective actions, the provisions of this Code section do not apply to: (1) Tires with a rim size less than 12 inches; (2) Tires from: (A) Any device moved exclusively by human power; or (B) Any device used exclusively for agricultural purposes, except a farm truck; or (3) A retreadable casing while under the control of a tire retreader or while being delivered to a retreader. (k) The director shall be authorized to order the cessation of operation of any scrap tire carrier or scrap tire processor who is found not to be operating in compliance with this part or rules adopted pursuant to this part and the seizure of all property used in such unlawful operations; provided, however, that the scrap tire carrier or scrap tire processor shall be afforded a hearing within 48 hours before an administrative law judge of the Department of Natural Resources upon such order of the director. (l)(1) A surety bond shall be provided to the director by a scrap tire carrier or scrap tire processor prior to issuance of a permit for collecting or processing scrap tires to ensure compliance with the provisions of this part. (2) The bond required in this subsection shall be: (A) Conditioned upon compliance with this part, any rules adopted pursuant to this part, and the carrier's or processor's permit; and (B) In such amount as determined by the director necessary to ensure compliance, but in any event not to exceed $25,000.00 less than $10,000.00 nor greater than $20,000.00. (3) Such bond shall be payable to the director and issued by an insurance company authorized to issue such bonds in this state. (4) Upon a determination by the director that a scrap tire carrier or scrap tire processor has failed to meet the provisions of this part, rules promulgated pursuant to this part, or its permit, the director may, after written notice of such failure: (A) Forfeit or draw that amount of such bond that the director determines necessary to correct the violation; (B) Expend such amount for such purposes; and (C) Require the replacement of that amount of such bond forfeited or drawn upon. (5) Any moneys received by the director in accordance with paragraph (4) of this subsection shall be deposited into the solid waste trust fund established in Code Section 12-8-27.1." SECTION 6. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, is amended by revising paragraph (5) of subsection (c) as follows: "(5) Notwithstanding any other law to the contrary, for purposes of establishing 3088 JOURNAL OF THE SENATE criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 1998 2013." SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senators Wilkinson of the 50th, Tolleson of the 20th, Sims of the 12th, Miller of the 49th Gooch of the 51st and Mullis of the 53rd offered the following amendment #1: Amend HB 226 (LC 40 0399S) by striking lines 14 through 20 and inserting in lieu thereof the following: to solid waste management definitions, by revising paragraphs (32) and (39) and adding two new paragraphs to read as follows: On the adoption of the amendment, there were no objections, and the Wilkinson, et al. amendment #1 to the committee substitute was adopted. Senator Tolleson of the 20th offered the following amendment #2: Amend the substitute to HB 226 (LC 40 0399S) by striking "or" on line 88 and replacing "or" with "or" on line 91. By striking line 151 and inserting in lieu thereof the following: (2) A tire retailer or a publicly owned vehicle maintenance facility with not more than 3,000 1,500 scrap tires in storage; By striking lines 154 and 155 and inserting in lieu thereof the following: (4) An auto salvage yard A licensed used motor vehicle parts dealer, a registered secondary metals recycler, or a privately owned vehicle maintenance facility that operates solely for the purpose of servicing a commercial vehicle fleet with not more than 500 scrap tires in storage; and By inserting between lines 162 and 163 the following: (g.1) Subsection (f) of this Code section shall not apply to a farm with not more than 100 scrap tires in storage or in use for agricultural purposes. In addition, the division may grant waivers to allow the storage or use of more than 100 scrap tires for agricultural purposes if such storage or use does not pose a threat to human health or the environment. THURSDAY, MARCH 28, 2013 3089 On the adoption of the amendment, there were no objections, and the Tolleson 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis N Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 46, nays 7. HB 226, having received the requisite constitutional majority, was passed by substitute. Senator Loudermilk of the 14th was excused as a Conferee. Senator Tate of the 38th asked unanimous consent that HR 73, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HR 73, having been taken from the Table, was put upon its adoption. 3090 JOURNAL OF THE SENATE HR 73. By Representatives Hugley of the 136th, Buckner of the 137th and Smyre of the 135th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. Senate Sponsor: Senator Tate of the 38th. Senators Cowsert of the 46th and Heath of the 31st offered the following amendment #1: Amend HR 73 (LC 21 1996) by inserting after "thereafter." on line 30 the following: In the event Mr. Word is convicted of a felony offense, such payments shall cease and the remainder of the payments shall escheat to the general fund of the state treasury. On the adoption of the amendment, the yeas were 31, nays 19, and the Cowsert, Heath amendment #1was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: N Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone 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 49, nays 5. HR 73, having received the requisite constitutional majority, was adopted as amended. THURSDAY, MARCH 28, 2013 3091 Senator Harbison of the 15th moved to suspend the Senate Rules to first read SB 276 and assign it to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 276. By Senators Harbison of the 15th, Hill of the 6th and Thompson of the 5th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to provide that Georgia shall be a "Purple Heart State"; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. Senator Ginn of the 47th was excused as a Conferee. The following resolution was taken up to consider House action thereto: SR 293. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Ralph A. Pierce and dedicating a road in his memory; and for other purposes. The House substitute was as follows: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Mr. Ralph A. Pierce was born on October 17, 1912, in Lumpkin County, Georgia, and during his lifetime he played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of the United States; and WHEREAS, a lifelong Lumpkin County resident, Mr. Pierce and his family operated C.D. Pierce and Son Grocery at the junction of Ga. 52 and Ga. 115 for 64 years; and WHEREAS, a man of deep and abiding faith, Mr. Pierce was a member of Wahoo Baptist Church and taught the adult Sunday school class for over 50 years; and WHEREAS, Mr. Pierce served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously participating in the Normandy invasion as a TEC4 during World War II; and 3092 JOURNAL OF THE SENATE WHEREAS, prior to his passing on August 9, 2012, Mr. Pierce was the oldest living veteran in Lumpkin County at the age of 99 years, nine months, and 23 days; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory. PART II WHEREAS, Judge William Jeffrey Lowe was born on April 12, 1958, in Lumpkin County, Georgia, and upon his graduation from Lumpkin County High School, he enrolled in the police academy and began work as a Lumpkin County deputy sheriff; and WHEREAS, he dedicated 21 years to protecting and serving the citizens of Georgia as a deputy in Lumpkin and Forsyth counties, until he was asked to serve as Lumpkin County's Assistant Magistrate Judge; and WHEREAS, in 1996, Judge Lowe was elected as a Magistrate Judge and served until his passing in 2012; and WHEREAS, his leadership and vision were instrumental to numerous organizations, including as a charter member and president of the Georgia Jail Association and as a representative of the Ninth Circuit on the Council of Magistrate Court Judges; and WHEREAS, Judge Lowe actively gave back to his community through his work with the local Jaycees, the Lions Club, Habitat for Humanity, Woodmen of the World, and Blue Mountain Lodge #38; and WHEREAS, a man of deep and abiding faith, Judge Lowe was a lifetime member of Antioch Baptist Church; and WHEREAS, Judge Lowe was united in love and marriage to his supportive and caring wife, Debbie, and the couple were inducted into the Order of the Eastern Star; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming an intersection in his memory. PART III WHEREAS, the State of Georgia lost a hero and good Samaritan with the passing of Mr. Dekai Amonrasi on July 31, 2012; and WHEREAS, Mr. Amonrasi was born on February 26, 1964, the beloved son of Donald Foung and Fonseca Richards; and THURSDAY, MARCH 28, 2013 3093 WHEREAS, a true hero, Mr. Amonrasi selflessly responded to action when he witnessed a fellow driver's car hit a guard rail and flip over a bridge on Roosevelt Highway and onto train tracks below; and WHEREAS, with only the thought of aiding another in need, Mr. Amonrasi exited his vehicle to provide assistance to the accident victim and lost his life in his attempt to save another's; and WHEREAS, Mr. Amonrasi's willingness to sacrifice his own life to help another in need serves as the epitome of courage and bravery; and WHEREAS, it is abundantly fitting and proper that the heroic actions of this remarkable Georgian be appropriately recognized by naming a bridge in his memory. PART IV WHEREAS, Melvin Ernest Thompson was born on May 1, 1903, in Millen, Georgia, the beloved son of Eva Inez Edenfield Thompson and Henry J. Thompson; and WHEREAS, Governor Thompson earned a bachelor's degree from Emory University and a master's degree from the University of Georgia; and WHEREAS, he began his career in the field of education as a principal and coach at Emanuel County Institute, served as superintendent for the Hawkinsville Public School System, worked as a state school supervisor and an assistant state superintendent of schools, and served as secretary of the Executive Department under Governor Ellis Arnall; and WHEREAS, after a two-year term as the state revenue commissioner, Governor Thompson was elected to this state's highest office in 1947; and WHEREAS, during Governor Thompson's tenure as governor, the University of Georgia's veterinary medical school and the Georgia Institute of Technology's engineering building were constructed, educators received salary increases, and the state purchased Jekyll Island, which was turned into a successful, year-round public resort; and WHEREAS, Governor Thompson was instrumental in the success of the City of Valdosta and Lowndes County, where his leadership as a founding member of the ValdostaLowndes County Industrial Authority spearheaded much of the urban development and planning for Valdosta and the surrounding areas, including the Azalea City Industrial Park; and WHEREAS, a community leader and advocate, Governor Thompson served as chairman of the Education Committee for the Trade School Development Committee, president of 3094 JOURNAL OF THE SENATE the Valdosta Rotary Club, and a member of Kappa Phi Kappa, Kappa Delta Phi, WOW, Civitan, and Shriners; and WHEREAS, Governor Thompson was united in love and marriage to his wife, Ann Newton Thompson, and he was blessed with a remarkable son, Melvin Ernest Thompson, Jr., and five grandchildren; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory. 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, Sergeant John A. Franklin was born on January 25, 1942, and served as a guardian of this nation's freedom and liberty with the United States Army with C. Company 2nd Battalion, 501st Infantry, 101st Airborne Division; and WHEREAS, a native of Rossville, Georgia, Sergeant Franklin gave the ultimate sacrifice on April 26, 1986, when he was killed in action in Thua Thien Province, South Vietnam; and WHEREAS, Sergeant Franklin demonstrated a deep personal commitment to protecting democracy and gave the ultimate sacrifice to ensure the well-being of his fellow man; and WHEREAS, it is important that fallen soldiers 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, Sergeant Franklin embodied the spirit of service and found meaning in something greater than himself, and it is abundantly fitting and proper that the sacrifice of this remarkable and distinguished American be honored appropriately. PART VI WHEREAS, Mr. Fernando Joseph Torras was born in 1885 in Brunswick, Georgia, and during his lifetime he played a vital role in leadership and demonstrated a deep personal commitment to the welfare of the citizens of Georgia and Glynn County; and WHEREAS, Mr. Torras served as Brunswick's city manager and was the main engineer for the causeway that was completed in 1924 to connect Brunswick to St. Simons Island and Sea Island; and THURSDAY, MARCH 28, 2013 3095 WHEREAS, a graduate of the Georgia Institute of Technology, Mr. Torras built rail lines, bridges, and roads in the jungles of South America before tackling the causeway project which alleviated the need for an hour ferry ride to get to St. Simons from the mainland; and WHEREAS, at a time when others thought the construction of a causeway was impossible, Mr. Torras had the foresight and experience to realize that the soft mud of the marsh beds could be dredged to make a stable roadbed; and WHEREAS, the causeway was completed and open to vehicular traffic on June 26, 1924, after one year and one month of construction and was recognized as an engineering feat of history; and WHEREAS, the building of the causeway was an entirely local project which was undertaken by the 25,000 people of Glynn County without state or federal aid; and WHEREAS, during his role as city manager, Mr. Torras oversaw the development of the Howard Coffin Recreation Center, the Edo Miller Ball Park, numerous public boat marinas, and other developments within Brunswick; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory. PART VII WHEREAS, during her lifetime, Mrs. Beulah Rucker Oliver demonstrated deep personal commitment to the welfare of the citizens of Georgia and made exceptional contributions to society; and WHEREAS, Mrs. Rucker set an example for all women with her determination to make the world a better place; and WHEREAS, in 1944, at the age of 56, Mrs. Rucker earned a degree from Savannah State College, while teaching public and private school, giving music lessons, and making and selling hats; and WHEREAS, Mrs. Rucker opened The Industrial School in Hall County and later opened two schools in Gainesville, one of which was eventually merged with the City of Gainesville School District in the 1950s; and WHEREAS, a dedicated educator and philanthropist, Mrs. Rucker was the first person to receive a Rosenwald Grant for her school, was the first woman to establish a school in Gainesville, and was the first person to start a Veterans Night School in this state; and 3096 JOURNAL OF THE SENATE WHEREAS, Mrs. Rucker dedicated her entire life to "Light a Torch of Instruction"; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of an intersection in her honor. PART VIII WHEREAS, Mr. Felton L. Hudson was born on July 19, 1932, and during his lifetime he played a vital role in leadership and demonstrated a deep commitment to the education of Georgia's future leaders; and WHEREAS, a native of Greensboro, Georgia, Mr. Hudson earned a bachelor's degree from Morehouse College and a master's degree from the University of Georgia; and WHEREAS, he dedicated over 37 years to challenging students in the Greene County Public School System as an educator and served as president of his local chapter of the Georgia Association of Educators; and WHEREAS, a man of deep and abiding faith, Mr. Hudson was a lifelong member of New Springfield Baptist Church, where he served as chairman of the board of deacons and taught adult Sunday school class for over three decades, and served as a lay leader in the Second Shiloh Baptist Association; and WHEREAS, Mr. Hudson served as president of the Greene County Branch of the NAACP, was a 33rd degree Mason with the Prince Hall Lodge where he served as Worshipful Master, and was a member of the Rotary Club of Greene County; and WHEREAS, he organized Citizens United for Children, a nonprofit organization devoted to assisting underprivileged children and exposing them to cultural activities; and WHEREAS, his leadership was invaluable to numerous Greene County organizations, including the Greene County Civic Association, the Greene County Board of Education, and the Greene County Recreation Department; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming a road in his honor. PART IX WHEREAS, Friendship Road in Hall County is being widened, and the project will include new realignment for the road; and WHEREAS, three public hearings were held in the community to inform property owners along the new realignment project of the name proposal. THURSDAY, MARCH 28, 2013 3097 PART X WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, 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 XI WHEREAS, Reverend Willie Anderson, Sr., was born on January 5, 1924, and during his lifetime, he played a vital role in leadership and demonstrated a deep commitment to the citizens of Georgia; and WHEREAS, a native of Liberty County, Georgia, Reverend Anderson was educated in the Liberty County School System and served as a guardian of this nation's freedom and liberty with the United States Army during World War II; and WHEREAS, he dedicated 32 years to Fort Stewart as a Class A Diesel Engine Mechanic and served as the first president of the Parent Teachers Association of Riceboro Elementary School; and WHEREAS, a man of deep and abiding faith, Reverend Anderson pastored three churches during a span of 22 years, and he served as chairperson for the Georgia General Assembly of the Church of God; and WHEREAS, Reverend Anderson served as president of the Liberty County NAACP for several years and was honored with the organization's Guiding Light Award in 1960; and 3098 JOURNAL OF THE SENATE WHEREAS, a community leader, Reverend Anderson served as a county commissioner for Liberty County and board member of the Coastal Georgia Area Community Action, Inc.; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming an interchange and bridge in his honor. PART XII WHEREAS, the State of Georgia lost one if its finest citizens and most dedicated law enforcement officers with the tragic passing of Senior Patrol Officer Gail Denise Thomas on January 24, 2012, when she was killed by a drunk driver while responding to a traffic accident; and WHEREAS, SPO Thomas was born on December 22, 1965, in Atlanta, Georgia, the beloved daughter of Juliet Mack Thomas and Early Thomas; and WHEREAS, a graduate of Atlanta's S.H. Archer High School and Georgia Military College, SPO Thomas worked for the Atlanta Police Department as a 911 dispatch operator for five years before she attended the H.T. Jenkins Atlanta Police Academy, where she graduated among the top students in her class; and WHEREAS, SPO Thomas served as a police officer in Atlanta's Zone 5 and was a dedicated member of the force's honor guard and Red Dog Unit prior to her appointment as a Senior Patrol Officer, where she served as a field training officer for new recruits; and WHEREAS, she was an adoring mother to her daughter, Jasmine Jay Sherman, who made her proud each and every day; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of an interchange in her memory. PART XIII WHEREAS, Mr. Ray Daugharty was born on June 8, 1902, and spent a majority of his life in Fargo, Georgia; and WHEREAS, Mr. Daugharty worked in the forestry industry his entire life, and at one time, he and his brother were considered to be the largest producers of cypress crossties in the United States; and THURSDAY, MARCH 28, 2013 3099 WHEREAS, in 1920, at the age of 18, while attempting to deliver a load of sugar to a local whiskey still, Mr. Daugherty's mules refused to cross a rickety bridge over a local creek; and WHEREAS, Mr. Daugharty decided to detour through the creek, and his wagon flooded, dumping the 500 pounds of sugar into what is now known as Sweetwater Creek; and WHEREAS, a respected citizen of Fargo, Mr. Daugharty was a county leader as a Clinch County Commissioner and was a faithful member of the local Methodist church; and WHEREAS, he was a devoted husband to his wife, Wilma Ellington, and was a loving father to his children, Glenice Fogg, Willena Drewe, and George Ray Daugharty, Jr.; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of a bridge in his honor. PART XIV WHEREAS, during his lifetime, Mr. John Charles Birdine, Jr., played a vital role in leadership and demonstrated that he was truly a man of great courage, determination, and passion; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States military, sustained disabling injuries after two tours of duty in Vietnam, and was recognized with the Bronze Star, the Purple Heart, and Vietnam service and campaign medals; and WHEREAS, Mr. Birdine served with the National Black Men's Health Network, the Zoning Review Board of the City of Atlanta, the Price Economic Opportunity Atlanta, the Black Family Project, the Metro Atlanta Kwanza Committee, the Poole Creek Neighborhood Relocation Committee, and Foxhead Development Corporation; and WHEREAS, his leadership and guidance were instrumental as chairman of Atlanta's Neighborhood Planning Unit Z and he was recognized with awards from the International Register of Profiles, the Martin Luther King, Jr., Center for Nonviolent Social Change, and Cleveland Elementary School; and WHEREAS, a man of deep and abiding faith who was loyal to country and prideful of his African American heritage, Mr. Birdine was an active member of Travelers Rest Baptist Church, the Dodd-Sterling Methodist Church, the Neighborhood Justice Center, Gate City Heritage House, the Disabled American Veterans Association, the NAACP, and the Association for the Studies of Classical African Civilization; and 3100 JOURNAL OF THE SENATE WHEREAS, Mr. Birdine was largely responsible for the recovery and restoration of a slave graveyard containing approximately 300 to 400 unmarked graves directly under the Cleveland Avenue Bridge over Interstate 75 in Fulton County; and WHEREAS, Mr. Birdine was the loving husband of Thelma Loretta L. Birdine, the proud father of five children, and a doting grandfather to ten grandchildren; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming a bridge in his honor. PART XV WHEREAS, the Smoky Mountains are the most visited mountains in the United States; and WHEREAS, Highway 411 is a historic and important road for commerce and is a major road for tourism; and WHEREAS, Highway 411 takes drivers through picturesque communities and a friendly region that is the gateway to the Smoky Mountains. PART XVI WHEREAS, Eurith Dickson "Ed" Rivers has long been recognized by the citizens of this state for the vital role he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Governor Rivers served in both chambers of the General Assembly, adeptly representing the interests of his constituents in Lanier County; and WHEREAS, as a member of the Georgia State Senate, Governor Rivers demonstrated invaluable leadership and was elected to serve as President Pro Tempore by his colleagues; and WHEREAS, he was elected Governor by the citizens of Georgia in 1936 and won reelection in 1939; and WHEREAS, Governor Rivers served the State of Georgia with honor and distinction, 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 by naming a road in his memory. THURSDAY, MARCH 28, 2013 3101 PART XVII WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, Mr. Jim McClelland, Sr., lived his entire life in Cook County, Georgia, and during his lifetime he demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the wellbeing of his fellow man; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States 31st Infantry Regiment during World War II; and WHEREAS, in 1942, Mr. McClelland was taken captive by Japanese forces and held as a prisoner of war for three years, four months, and 19 days, surviving the Bataan Death March; and WHEREAS, his leadership and guidance were invaluable to the citizens of Cook County as a member of the Lenox City Council for eight years; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized by naming a bridge in his honor. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Ga. 52 in Lumpkin County from Ga. 115 to the Hall County line is dedicated as the Ralph A. Pierce Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Highway 19 and Cavender Creek Road in Lumpkin County is dedicated as the Judge William Jeffrey Lowe Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 29 over the train tracks near Roosevelt Highway and Welcome All Road in Fulton County is dedicated as the Dekai Amonrasi Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 in Lowndes County from the West Hill Avenue exit to the North Valdosta Road exit is dedicated as the Governor Melvin Ernest Thompson Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Battlefield Parkway and Dietz Road in Catoosa County is dedicated as the Sergeant John A. Franklin Memorial Intersection. 3102 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED AND ENACTED that GA25-Spur E. from Brunswick to St. Simons Island in Glynn County is dedicated as the F.J. Torras Causeway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 129 and Athens Street in Hall County is dedicated as the Beulah Rucker Oliver Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Veazey Road over Interstate 20 in Greene County is dedicated as the Felton L. Hudson Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 347 from Interstate 985 East to the Old Winder Highway is dedicated as the Lanier Islands Parkway. BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring military veterans and dedicates the interchange of I-475 and Thomaston Road in MaconBibb County as Veterans of All Wars Interchange. BE IT FURTHER RESOLVED AND ENACTED that the interchange and bridge at Interstate 95 over U.S. Highway 17 at South New Port Road in Liberty County is dedicated as the Reverend Willie Anderson, Sr., Memorial Interchange. BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 75 and Exit 251 in Fulton County is dedicated as the Senior Patrol Officer Gail Denise Thomas Memorial Interchange. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Ga. 177 over Sweetwater Creek between Fargo and Stephen Foster State Park in Clinch County is dedicated as the Ray Daugharty Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Cleveland Avenue over Interstate 75 in Fulton County is dedicated as the John Charles Birdine, Jr., Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. 411 from Interstate 75 to the Murray County line is dedicated as the Pathway to the Smokies. BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 122 in Lanier County that runs beside Banks Lake from the City of Lakeland to the Lowndes County line is dedicated as the Governor Eurith Dickson "Ed" Rivers Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the bridge on County Road 246 Kinard Bridge Road over Interstate 75 in Cook County is dedicated as the Jim McClelland, Sr., POW Memorial Bridge. THURSDAY, MARCH 28, 2013 3103 BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the families of Mr. Ralph A. Pierce, Judge William Jeffrey Lowe, Mr. Dekai Amonrasi, Governor Melvin Ernest Thompson, Sergeant John A. Franklin, Mr. Fernando Joseph Torras, Mrs. Beulah Rucker Oliver, Mr. Felton L. Hudson, Reverend Willie Anderson, Sr., Senior Patrol Officer Gail Denise Thomas, Mr. Ray Daugharty, Mr. John Charles Birdine, Jr., Governor Eurith Dickson "Ed" Rivers, and Mr. Jim McClelland, Sr. Senator Gooch of the 51st moved that the Senate agree to the House substitute to SR 293 as amended by the following amendment: Amend SR 293/HCS by deleting "1986" on line 92 and inserting "1968" in lieu thereof. By inserting between line 308 and 309 the following: PART XVIII WHEREAS, the State of Georgia lost a visionary, a gentleman, and a generous and kind man with the passing of Mr. Pierce Lovett Cline on November 3, 2012; and WHEREAS, a community leader, Mr. Cline played a large role in establishing a campus of Georgia Perimeter College in Newton County; and WHEREAS, through his real estate development company, Cline Land Company, Mr. Cline was responsible for developing several high quality neighborhoods; and WHEREAS, Mr. Cline was an avid supporter of Project Adventure, an education program for troubled teens, and his work has changed the lives of countless children in Newton County and throughout Georgia; and WHEREAS, a graduate of Oxford College, Mr. Cline's legacy was recognized with the school's lifetime achievement award, the R. Carl Chandler Award; and WHEREAS, he was united in love and marriage to his supportive wife, Margie, for 54 wonderful years and was blessed with three remarkable children, Carol, Charles, and Paul, six grandchildren, and one great-grandchild; and WHEREAS, Mr. Cline'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 3104 JOURNAL OF THE SENATE WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized. PART XIX WHEREAS, Melvin Ernest Thompson was born on May 1, 1903, in Millen, Georgia, the beloved son of Eva Inez Edenfield Thompson and Henry J. Thompson; and WHEREAS, Governor Thompson earned a bachelor's degree from Emory University and a master's degree from the University of Georgia; and WHEREAS, he began his career in the field of education as a principal and coach at Emanuel County Institute, served as superintendent for the Hawkinsville Public School System, worked as a state school supervisor and an assistant state superintendent of schools, and served as secretary of the Executive Department under Governor Ellis Arnall; and WHEREAS, after a two-year term as the state revenue commissioner, Governor Thompson was elected to this state's highest office in 1947; and WHEREAS, during Governor Thompson's tenure as governor, the University of Georgia's veterinary medical school and the Georgia Institute of Technology's engineering building were constructed, educators received salary increases, and the state purchased Jekyll Island, which was turned into a successful, year-round public resort; and WHEREAS, Governor Thompson was instrumental in the success of the City of Valdosta and Lowndes County, where his leadership as a founding member of the ValdostaLowndes County Industrial Authority spearheaded much of the urban development and planning for Valdosta and the surrounding areas, including the Azalea City Industrial Park; and WHEREAS, a community leader and advocate, Governor Thompson served as chairman of the Education Committee for the Trade School Development Committee, president of the Valdosta Rotary Club, and a member of Kappa Phi Kappa, Kappa Delta Phi, WOW, Civitan, and Shriners; and WHEREAS, Governor Thompson was united in love and marriage to his wife, Ann Newton Thompson, and he was blessed with a remarkable son, Melvin Ernest Thompson, Jr., and five grandchildren; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by naming a road in his memory. THURSDAY, MARCH 28, 2013 3105 PART XX WHEREAS, South Georgia is one of the few areas remaining in the United States where there are miles of rural landscape, historic small towns, and abundant agricultural operations; and WHEREAS, the promotion of agri-tourism represents a readily available and effective tool with which to spur economic development; and WHEREAS, the portions of highways to be included in Georgia Grown Trail: 37 wind through miles of centennial and family owned farms; pristine hunting plantations and unique lodging; u-pick farms, farm stands, and hands-on educational farm experiences; farm to table restaurants and establishments dedicated to preserving and sharing local recipes and traditions; and time-honored and progressive crops and farming techniques; and WHEREAS, dedication of this route as a scenic highway will promote economic wellbeing through agri-tourism. PART XXI WHEREAS, William Everett Bennett was born and raised in Forsyth County and graduated from Cumming High School; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army as an instructor in the Officers School at Fort Knox, Kentucky; and WHEREAS, Mr. Bennett served as chairman of the board for LEADER, a local teen safe driving education organization, as well as the Court Appointed Special Advocates of Forsyth County, and he was a program advocate for the Forsyth County Certified Literacy Community; and WHEREAS, Mr. Bennett served on the Georgia Baptist Healthcare System Board of Directors, where he was instrumental in the purchase of the old Lakeside Hospital and its conversion to Baptist North Hospital; on the board of visitors for Georgia Baptist College of Nursing at Mercer University; and on the Hawaii Baptist Academy Board of Directors; and WHEREAS, Mr. Bennett continued in generous service to the community by providing a complimentary meeting space located on the campus of Baptist Medical Center, now known as Northside Hospital-Forsyth, and the Everett and Teresa Bennett Education Center is host to countless assemblies that benefit the community in ways beyond measure; and 3106 JOURNAL OF THE SENATE WHEREAS, Mr. Bennett championed and advocated for the ongoing expansion of the health care architecture in Forsyth County through his service on the Northside Hospital Foundation Board, and his legacy as a staunch supporter for bringing quality health care services to Forsyth County will benefit the citizens of that region for generations; and WHEREAS, he was a member of the Rotary Club of Johns Creek and received numerous honors, including the Lee Arrendale Award and being named a multiple Paul Harris Fellow, a Will Watt Fellow, and a Hue Thomas Fellow; and WHEREAS, a man of deep and abiding faith, Mr. Bennett was an active member of Johns Creek Baptist Church where he served as a deacon emeritus; 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. Bennett 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; and WHEREAS, it is fitting and proper to dedicate the intersection of Georgia Route 400 and State Route 141 in Forsyth County as the William Everett Bennett Memorial Interchange as an appropriate tribute to this outstanding Georgian. PART XXII WHEREAS, Mr. William E. "Billy" Hubbard 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, Mr. Hubbard dedicated 36 years to Norfolk Southern Railway Company in Gordon, Georgia, and rose to the rank of Track Supervisor and Track Inspector; and WHEREAS, in the early 1960's, Mr. Hubbard helped supervise the installation of long heavy welded track for coal movement between Birmingham, Alabama, and Georgia Power's Lake Sinclair Power Plant; and WHEREAS, he has been instrumental in assisting negotiations between the railroad and the City of Gordon on several projects and assisted the city in obtaining a copy of an original photograph of the first president of the Central Georgia Railroad and the city's THURSDAY, MARCH 28, 2013 3107 namesake, William Washington Gordon, which was used in painting two portraits that hang in city buildings; and WHEREAS, an active community leader, Mr. Hubbard served two terms with the Ivey City Council, is a 32 degree Mason with Gordon Mason Lodge # 240, and is a member of Gordon United Methodist Church and life member of American Railway Engineering; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of two bridges in his honor. PART XXIII WHEREAS, the State of Georgia lost one of its finest citizens and with the passing of Mr. K.S. "Bubba" Nobles, Jr.; and WHEREAS, a native of Twiggs County, Georgia, Mr. Nobles was a lifelong farmer and known around town as an unofficial veterinarian, often called upon by neighbors to help birth livestock or assist sick or injured animals; and WHEREAS, Mr. Nobles also served as a county school bus driver for many years and ran a barbershop at night and on weekends, which was known as a great gathering place for 30 years; and WHEREAS, he was united in love and marriage to Lois T. Nobles for 60 wonderful years and was the beloved father of nine remarkable children; and WHEREAS, a leader of his community, Mr. Nobles worked on campaigns of many local candidates, served on the Georgia Eighth Congressional District Advisory Council, was on the Board of Trustees at Twiggs Academy, and served as president of the Democratic Party of Twiggs County for a number of years; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be recognized with the naming of a bridge in his honor. PART XXIV WHEREAS, Mr. Jones Daniel Brooks, Mr. James Joe Brooks, and Mr. Freeman Charles Brooks have long been recognized by the citizens of this state for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, the Brooks brothers were born to James Joe Brooks, Sr., and Lessie Jones Brooks in Gordon, Georgia, where they have continued to live their entire lives; and 3108 JOURNAL OF THE SENATE WHEREAS, the Brooks brothers dedicated a total of 111 years to the Central of Georgia, the Southern, and the Norfolk Southern Railway companies, each rising to the position of engineer; and WHEREAS, Mr. James Joe Brooks, Jr., known as J.J. Brooks, was the first Brooks brother to enter the railroad business, working from 1937 to 1981; and WHEREAS, J.J. Brooks served as sergeant and engineer with the Railroad Battalion in India during World War II and was the last engineer for the famous passenger train the Nancy Hanks, which traveled from Savannah to Atlanta and back on a daily basis; and WHEREAS, Mr. Jones Daniel Brooks, known as J.D. Brooks, worked from 1940 to 1974, starting with his first job shoveling coal on a steam locomotive and serving as an engineer with the Railroad Battalion in France during World War II, for which he received several honors; and WHEREAS, Mr. Freeman Charles Brooks, known as F.C. Brooks, worked from 1950 to 1983, and saved a man's life in Griswoldville, Georgia, after applying the emergency brake and crawling onto the front step of the moving train to wave the man to safety; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be recognized with the naming of two bridges in their honor. PART XXV WHEREAS, Colonel Benjamin H. and Anne Grant Purcell are natives of Northeast Georgia and attended North Georgia College; and WHEREAS, Colonel Purcell served as a guardian of this nation's freedom and liberty with the United States Army for over 30 years and has been recognized with numerous decorations for his service and heroism, including the Silver Star with Oak leaf Cluster, the Legion of Merit with Oak Leaf Cluster, the Bronze Star with Oak Leaf Cluster, and the Purple Heart; and WHEREAS, after his helicopter was shot down during a combat tour in Vietnam, Colonel Purcell was captured by the Viet Cong and spent 62 months as a prisoner of war, making him the highest ranking Army P.O.W. held in Vietnam; and WHEREAS, during Colonel Purcell's captivity, Mrs. Purcell worked tirelessly to raise awareness of the plight of American missing and captive soldiers and became a founding member of the National League of Families of Prisoners of War and Men Missing in Southeast Asia; and THURSDAY, MARCH 28, 2013 3109 WHEREAS, in recognition of her unwavering service to missing and captive service personnel, all while raising the couple's five children, Mrs. Purcell was honored as Fort Benning's Military Wife of the Year in 1971; and WHEREAS, upon his return to Georgia and the conclusion of his military career, Colonel Purcell continued to serve his community and this state as a Representative for the Georgia General Assembly, a member of the Georgia State Veterans Services Board, a member of the board of directors for the Habersham County Chamber of Commerce, and a deacon for Bethlehem Baptist Church in Clarkseville; and WHEREAS, this amazing and inspiring couple coauthored a book, Love and Duty, which recounts their experiences during the Vietnam War, and they have appeared on numerous radio and television talk shows to share their story of love, faith, and courage; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized. PART XXVI WHEREAS, the State of Georgia lost one of its most promising young citizens with the tragic passing of Leanna Nicole Craft on November 23, 1997; and WHEREAS, Leanna was born on September 23, 1981, in Thomaston, Georgia, and was the beloved daughter of William and Alida Craft and cherished sister of Melissa Beth Craft; and WHEREAS, a leader at Upson-Lee High School, Leanna served as a student council representative and was a member of the National Honor Society, the Beta Club, the YClub, and the Fellowship of Christian Athletes; and WHEREAS, Leanna was a dedicated and talented athlete, earning letters as a member of both the softball team and tennis team, and lighting up the dance floor as a member of the U-L Knights Dance Line; and WHEREAS, Leanna cared about her church and community, being selected for the 1998 class of Youth Leadership Upson, serving as a Little Sister for the Junior Miss Pageant, and participating in local summer mission trips; and WHEREAS, a generous and passionate young woman, Leanna will long be remembered for her love of family and friendship, and this loyal daughter, sister, and friend is deserving of an intersection named in her honor. 3110 JOURNAL OF THE SENATE PART XXVII 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, Major W. David Gray was raised in Walton County, Georgia, and was a 1992 graduate of Loganville High School; and WHEREAS, Major Gray served as a guardian of this nation's freedom and liberty with the United States Air Force and was a member of the 13th Air Support Operations Squadron; and WHEREAS, he was stationed in Afghanistan supporting Operation Enduring Freedom when he was killed by a suicide bomb in the Kunar province; and WHEREAS, Major Gray demonstrated a deep personal commitment to protecting democracy and gave the ultimate sacrifice to ensure the well-being of his fellow man; and WHEREAS, it is important that fallen soldiers 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, Major Gray embodied the spirit of service and found meaning in something greater than himself, and it is abundantly fitting and proper that the sacrifice of this remarkable and distinguished American be honored appropriately. PART XXVIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Mr. Pleasant Eugene Holt on April 18, 1908; and WHEREAS, Mr. Holt was the town marshall of Villa Rica and was the father of seven children; and WHEREAS, this dedicated law enforcement officer's life was cut short after he was shot attempting to arrest a drunk man who was shooting in the streets of Villa Rica; and WHEREAS, Mr. Holt exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is only fitting and proper that a road be dedicated in his memory. By inserting between line 354 and 355 the following: BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 11 over Interstate 20 in Newton County is dedicated as the Pierce Lovett Cline Memorial Bridge. THURSDAY, MARCH 28, 2013 3111 BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 in Lowndes County from the West Hill Avenue exit to the North Valdosta Road exit is dedicated as the Governor Melvin Ernest Thompson Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 37 from Homerville to the Alabama state line and the portion of State Route 76 from Nashville in Berrien County to the Florida state line in Brooks County are dedicated as the Georgia Grown Trail: 37. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Georgia Route 400 and State Route 141 in Forsyth County is dedicated as the William Everett Bennett Memorial Interchange. BE IT FURTHER RESOLVED AND ENACTED that the eastbound and westbound bridges on the Fall Line Freeway at NeSmith Road between the City of Ivey and U.S. 441 in Wilkinson County are dedicated as the William E. "Billy" Hubbard Bridges. BE IT FURTHER RESOLVED AND ENACTED that the bridge on Ga. 358 over Interstate 16 in Twiggs County is dedicated as the K.S. "Bubba" Nobles, Jr., Memorial Bridge. BE IT FURTHER RESOLVED AND ENACTED that the eastbound and westbound bridges on the Fall Line Freeway over the railroad, located between Highway 18 and Highway 57 in Wilkinson County, are dedicated as the Brooks Brothers' Bridges. BE IT FURTHER RESOLVED AND ENACTED that State Route 197 in Habersham County from mile marker 5 to milepost 16.84 is dedicated as the Colonel Benjamin H. and Anne Purcell Highway. BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 42 and Highway 74 in Monroe County is dedicated as the Leanna Nicole Craft Memorial Intersection. BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia Highway 20 in Walton County from its intersection with Highway 78 in Loganville to the Rockdale County line is dedicated as the Major W. David Gray Memorial Highway. BE IT FURTHER RESOLVED AND ENACTED that the portion of Ga. 101 in Paulding County from the Paulding/Carroll county line to State Route 120 is dedicated as the Pleasant Eugene Holt Memorial Highway. By deleting line 359 and inserting in lieu thereof the following: to transmit appropriate copies of this resolution to the Department of Transportation; to Mr. William E. "Billy" Hubbard; to Mr. Jones Daniel Brooks, Mr. James Joe Brooks, and Mr. Freeman Charles Brooks; to Colonel Benjamin H. and Anne Grant Purcell; and to the 3112 JOURNAL OF THE SENATE By deleting line 364 and inserting in lieu thereof the following: Governor Eurith Dickson "Ed" Rivers, Mr. Jim McClelland, Sr., Mr. Pierce Lovett Cline, Governor Melvin Ernest Thompson, Mr. William Everett Bennett, Mr. K.S. "Bubba" Nobles, Jr., Leanna Nicole Craft, Major W. David Gray, and Mr. Pleasant Eugene Holt. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort C Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone Tate Y 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 293 as amended by the Senate. 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 Tuesday, March 26, 2013. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Harbison Y Harper Y Heath Henson Y Miller Y Mullis Y Murphy Orrock THURSDAY, MARCH 28, 2013 3113 Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort C Ginn Y Golden Y Gooch Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 0, the motion prevailed, and the Senate confirmed the Governor's appointments. The following bill was taken up to consider the Conference Committee Report thereto: HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. The Conference Committee Report was as follows: The Committee of Conference on HB 106 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 106 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 4th /s/ Senator Shafer of the 48th /s/ Senator Chance of the 16th /s/ Representative England of the 116th /s/ Representative Jones of the 47th /s/ Representative O`Neal of the 146th 3114 JOURNAL OF THE SENATE CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 106 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014; 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 The sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2013, and ending June 30, 2014, as prescribed hereinafter for such fiscal year: HB 106 (FY 2014G) Gov Rev House Senate CC Revenue Sources Available for Appropriation TOTAL STATE FUNDS $19,864,261,481 $19,864,261,481 $19,864,261,481 $19,920,261,481 State General Funds $17,422,367,055 $17,422,367,055 $17,422,367,055 $17,422,367,055 State Motor Fuel Funds $975,897,108 $975,897,108 $975,897,108 $975,897,108 Lottery Proceeds $910,819,213 $910,819,213 $910,819,213 $910,819,213 Tobacco Settlement Funds $143,758,761 $143,758,761 $143,758,761 $199,758,761 Brain & Spinal Injury Trust Fund $1,988,502 $1,988,502 $1,988,502 $1,988,502 Nursing Home Provider Fees $167,756,401 $167,756,401 $167,756,401 $167,756,401 Hospital Provider Fee $241,674,441 $241,674,441 $241,674,441 $241,674,441 TOTAL FEDERAL FUNDS $11,671,809,163 $11,691,229,956 $11,692,131,264 $11,773,819,282 Federal Funds Not Itemized $3,505,111,198 $3,505,111,198 $3,505,111,198 $3,505,111,198 CCDF Mandatory & Matching Funds CFDA93.596 $96,773,342 $96,773,342 $96,773,342 $96,773,342 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $1,308,661 $1,308,661 Child Care & Development Block Grant CFDA93.575 $102,632,009 $102,632,009 $102,632,009 $102,632,009 FFIND Child Care and Development Block Grant CFDA93.575 $0 $0 $10,191,339 $10,191,339 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 $14,163,709 $14,163,709 THURSDAY, MARCH 28, 2013 3115 Community Services Block Grant CFDA93.569 $15,977,927 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,143,641,430 Foster Care Title IV-E CFDA93.658 $73,000,590 Low-Income Home Energy Assistance CFDA93.568 $51,766,614 Maternal & Child Health Services Block Grant CFDA93.994 $20,886,897 Medical Assistance Program CFDA93.778 $5,903,396,100 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $47,141,096 Preventive Health & Health Services Block Grant CFDA93.991 $2,257,620 Social Services Block Grant CFDA93.667 $53,771,331 FFIND Social Services Block Grant CFDA93.667 $35,981,142 State Children's Insurance Program CFDA93.767 $249,631,749 Temporary Assistance for Needy Families $330,741,739 Temporary Assistance for Needy Families Grant CFDA93.558 $330,741,739 FFIND Temp. Assistance for Needy Families CFDA93.558 $15,383,070 TANF Unobligated Balance per 42 USC 604 $9,551,600 TOTAL AGENCY FUNDS $5,469,450,621 Contributions, Donations, and Forfeitures $6,130,661 Contributions, Donations, and Forfeitures Not Itemized $6,130,661 Reserved Fund Balances $20,488,176 Reserved Fund Balances Not Itemized $20,488,176 Interest and Investment Income $3,602,897 Interest and Investment Income Not Itemized $3,602,897 Intergovernmental Transfers $2,367,909,586 Hospital Authorities $214,057,828 University System of Georgia Research Funds $1,972,097,601 Intergovernmental Transfers Not Itemized $181,754,157 Rebates, Refunds, and Reimbursements $239,644,939 Rebates, Refunds, and Reimbursements Not Itemized $239,644,939 Royalties and Rents $1,672,491 Royalties and Rents Not Itemized $1,672,491 Sales and Services $2,817,597,126 Record Center Storage Fees $435,771 Sales and Services Not Itemized $959,558,722 $15,977,927 $1,143,641,430 $73,978,576 $51,766,614 $20,886,897 $5,920,668,538 $47,141,096 $2,257,620 $53,771,331 $35,981,142 $250,802,118 $330,741,739 $330,741,739 $15,383,070 $9,551,600 $5,473,235,217 $6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,367,909,586 $214,057,828 $1,972,097,601 $181,754,157 $240,044,939 $240,044,939 $1,672,491 $1,672,491 $2,820,981,722 $435,771 $962,943,318 $15,977,927 $1,143,641,430 $73,489,583 $51,766,614 $20,886,897 $5,882,293,182 $47,141,096 $2,257,620 $53,771,331 $35,981,142 $279,067,775 $330,741,739 $330,741,739 $15,383,070 $9,551,600 $5,473,984,517 $6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,368,392,309 $214,057,828 $1,972,097,601 $182,236,880 $239,994,939 $239,994,939 $1,672,491 $1,672,491 $2,821,298,299 $435,771 $963,259,895 $15,977,927 $1,143,641,430 $73,978,576 $51,766,614 $20,886,897 $5,959,209,345 $47,141,096 $2,257,620 $53,771,331 $35,981,142 $283,350,637 $330,741,739 $330,741,739 $15,383,070 $9,551,600 $5,474,687,715 $6,130,661 $6,130,661 $20,488,176 $20,488,176 $3,602,897 $3,602,897 $2,368,392,309 $214,057,828 $1,972,097,601 $182,236,880 $240,394,939 $240,394,939 $1,672,491 $1,672,491 $2,821,601,497 $435,771 $963,563,093 3116 JOURNAL OF THE SENATE Tuition and Fees for Higher Education Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Accounting System Assessments Agency to Agency Contracts Health Insurance Payments Liability Funds Merit System Assessments Optional Medicaid Services Payments Retirement Payments Unemployment Compensation Funds Workers Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Transfers Federal Fund Transfers Not Itemized FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 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 $1,857,602,633 $1,857,602,633 $1,857,602,633 $1,857,602,633 $12,404,745 $12,404,745 $12,404,745 $12,404,745 $12,404,745 $12,404,745 $12,404,745 $12,404,745 $3,830,198,008 $3,913,749,429 $3,830,198,008 $3,830,198,008 $3,822,672,126 $3,906,223,547 $3,822,672,126 $3,822,672,126 $68,084,624 $68,084,624 $68,084,624 $68,084,624 $16,412,502 $16,412,502 $16,412,502 $16,412,502 $8,132,349 $8,132,349 $8,132,349 $8,132,349 $3,253,537,402 $3,337,088,823 $3,253,537,402 $3,253,537,402 $28,427,991 $28,427,991 $28,427,991 $28,427,991 $9,806,920 $9,806,920 $9,806,920 $9,806,920 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $50,146,672 $50,146,672 $50,146,672 $50,146,672 $18,166,404 $18,166,404 $18,166,404 $18,166,404 $89,100,000 $89,100,000 $89,100,000 $89,100,000 $36,316 $36,316 $36,316 $36,316 $36,316 $36,316 $36,316 $36,316 $7,489,566 $7,489,566 $7,489,566 $7,489,566 $2,153,035 $2,153,035 $2,153,035 $2,153,035 $1,531,226 $1,531,226 $1,531,226 $1,531,226 $351,158 $351,158 $351,158 $351,158 $3,454,147 $3,454,147 $3,454,147 $3,454,147 $37,005,521,265 $37,028,726,654 $37,030,377,262 $37,168,768,478 $522,591,938 $495,570,970 $6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 $522,591,938 $495,570,970 $6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 $522,591,938 $495,570,970 $6,247,774 $6,379,422 ($1,882,004) ($408,078) $10,311,440 $6,372,414 $578,591,938 $495,570,970 $6,247,774 $6,379,422 $54,117,996 ($408,078) $10,311,440 $6,372,414 THURSDAY, MARCH 28, 2013 3117 TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND CCDF Mandatory & Matching Funds CFDA93.596 FFIND Child Care and Development Block Grant CFDA93.575 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 State Children's Insurance Program CFDA93.767 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 State Fund Transfers Not Itemized Accounting System Assessments Health Insurance Payments Retirement Payments TOTAL PUBLIC FUNDS $369,219,988 $388,640,781 $389,542,089 $471,230,107 ($1,739,002) ($1,739,002) ($1,739,002) ($1,739,002) $1,308,661 $1,308,661 $0 $0 $10,191,339 $10,191,339 ($126,838) $851,148 $362,155 $851,148 $394,637,034 $411,909,472 $373,534,116 $450,450,279 $200,470 $200,470 $200,470 $200,470 ($23,751,676) ($22,581,307) $5,684,350 $9,967,212 ($20,884,906) ($17,100,310) ($16,351,010) ($15,647,812) $115,637 $115,637 $115,637 $115,637 $115,637 $115,637 $115,637 $115,637 ($1,998,842) ($1,998,842) ($1,516,119) ($1,516,119) ($1,998,842) ($1,998,842) ($1,516,119) ($1,516,119) $330,000 $730,000 $680,000 $1,080,000 $330,000 $730,000 $680,000 $1,080,000 ($18,331,701) ($14,947,105) ($14,630,528) ($14,327,330) ($18,331,701) ($14,947,105) ($14,630,528) ($14,327,330) ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) $246,272,618 $329,824,039 $246,272,618 $246,272,618 $246,272,618 $329,824,039 $246,272,618 $246,272,618 ($21,811) ($21,811) ($21,811) ($21,811) $717,179 $717,179 $717,179 $717,179 $244,700,252 $328,251,673 $244,700,252 $244,700,252 $876,998 $876,998 $876,998 $876,998 $1,117,199,638 $1,223,956,448 $1,142,055,635 $1,280,446,851 Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) ($852,930) 3118 JOURNAL OF THE SENATE Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,374,470 $10,325,104 $10,325,104 $10,325,104 $10,325,104 $10,325,104 $10,325,104 Lieutenant Governor's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 $1,212,241 1.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $22,330 $22,330 1.2 Reduce funds for operations. State General Funds ($28,401) ($28,401) 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 $1,212,241 $1,212,241 $1,212,241 $1,114,623 $1,114,623 $1,114,623 $1,212,241 $1,212,241 $1,212,241 Appropriation (HB 106) $1,206,170 $1,206,170 $1,206,170 $1,206,170 $1,206,170 $1,206,170 Continuation Budget $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 THURSDAY, MARCH 28, 2013 3119 2.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $17,695 2.2 Reduce funds for operations. State General Funds ($11,323) $17,695 ($11,323) 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 $1,114,623 Appropriation (HB 106) $1,120,995 $1,120,995 $1,120,995 $1,120,995 $1,120,995 $1,120,995 Senate Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 3.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $74,183 $74,183 3.2 Reduce funds for operations. State General Funds ($134,299) ($134,299) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 $7,048,447 Appropriation (HB 106) $6,988,331 $6,988,331 $6,988,331 $6,988,331 $6,988,331 $6,988,331 Senate Budget and Evaluation Office Continuation Budget The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. 3120 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 $999,159 4.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $20,647 4.2 Reduce funds for operations. State General Funds ($10,198) $999,159 $999,159 $999,159 $20,647 ($10,198) 4.100 -Senate Budget and Evaluation Office Appropriation (HB 106) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $999,159 $999,159 $1,009,608 $1,009,608 State General Funds $999,159 $999,159 $1,009,608 $1,009,608 TOTAL PUBLIC FUNDS $999,159 $999,159 $1,009,608 $1,009,608 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,631,809 $18,416,477 $18,631,809 $18,416,477 $18,631,809 $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 THURSDAY, MARCH 28, 2013 3121 5.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $174,602 $174,602 5.2 Reduce funds for operations. State General Funds ($389,934) ($389,934) $174,602 ($389,934) 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,631,809 $18,631,809 $18,631,809 $18,416,477 $18,416,477 $18,416,477 Appropriation (HB 106) $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 $18,416,477 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,036,991 $9,888,573 $10,036,991 $9,888,573 $10,036,991 $9,888,573 $9,888,573 $9,888,573 $9,888,573 $9,885,673 $9,885,673 $9,885,673 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 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 6.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $27,677 $27,677 $27,677 6.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. 3122 JOURNAL OF THE SENATE State General Funds 6.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 6.4 Reduce funds for operations. State General Funds 6.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $1,054 $20,927 ($217,648) $1,054 $20,927 ($217,648) $1,054 $20,927 ($217,648) ($2,900) 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,807,892 $4,639,902 State General Funds $4,807,892 $4,639,902 TOTAL PUBLIC FUNDS $4,807,892 $4,639,902 Appropriation (HB 106) $4,639,902 $4,639,902 $4,639,902 $4,637,002 $4,637,002 $4,637,002 Legislative Fiscal Office Continuation Budget The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 $2,290,157 7.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,742 $25,742 $25,742 7.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,436 $3,436 $3,436 7.3 Reduce funds for operations. THURSDAY, MARCH 28, 2013 3123 State General Funds ($23,159) ($23,159) ($23,159) 7.100 -Legislative Fiscal Office Appropriation (HB 106) 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 $2,290,157 $2,296,176 $2,296,176 $2,296,176 State General Funds $2,290,157 $2,296,176 $2,296,176 $2,296,176 TOTAL PUBLIC FUNDS $2,290,157 $2,296,176 $2,296,176 $2,296,176 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 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 $2,938,942 8.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $43,376 $43,376 $43,376 8.2 Reduce funds for operations. State General Funds ($29,823) ($29,823) ($29,823) 8.100 -Office of Legislative Counsel Appropriation (HB 106) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,938,942 $2,952,495 $2,952,495 $2,952,495 State General Funds $2,938,942 $2,952,495 $2,952,495 $2,952,495 TOTAL PUBLIC FUNDS $2,938,942 $2,952,495 $2,952,495 $2,952,495 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Continuation $30,450,223 $30,450,223 $30,450,223 $30,450,223 $30,450,223 $30,450,223 $338,710 $338,710 $338,710 $30,450,223 $30,450,223 $338,710 3124 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $338,710 $338,710 $30,788,933 $338,710 $338,710 $30,788,933 $338,710 $338,710 $30,788,933 $338,710 $338,710 $30,788,933 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $31,076,868 $30,479,052 $31,076,868 $30,479,052 $132,000 $132,000 $132,000 $132,000 $132,000 $132,000 $31,208,868 $30,611,052 $30,656,750 $30,656,750 $132,000 $132,000 $132,000 $30,788,750 $30,606,325 $30,606,325 $132,000 $132,000 $132,000 $30,738,325 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 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 $26,482,810 $26,482,810 $338,710 $338,710 $338,710 $26,821,520 9.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $552,525 $552,525 $552,525 $552,525 9.2 Reduce funds for American Recovery and Reinvestment Act audit work required in FY2014. Intergovernmental Transfers Not Itemized ($206,710) ($206,710) ($206,710) ($206,710) THURSDAY, MARCH 28, 2013 3125 9.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,780 $5,780 $5,780 9.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,580 $1,580 $1,580 9.5 Reduce funds for personnel and operations. (S:Restore funds for compliance activities and local education audits) State General Funds ($606,275) ($428,388) ($478,388) 9.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($378) 9.100 -Audit and Assurance Services Appropriation (HB 106) The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non- profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $27,035,335 $26,436,420 $26,614,307 $26,563,929 State General Funds $27,035,335 $26,436,420 $26,614,307 $26,563,929 TOTAL AGENCY FUNDS $132,000 $132,000 $132,000 $132,000 Intergovernmental Transfers $132,000 $132,000 $132,000 $132,000 Intergovernmental Transfers Not Itemized $132,000 $132,000 $132,000 $132,000 TOTAL PUBLIC FUNDS $27,167,335 $26,568,420 $26,746,307 $26,695,929 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,639,202 $1,639,202 $1,639,202 $1,639,202 3126 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 10.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $30,233 $30,233 $30,233 10.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $260 $260 10.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $260 $71 10.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $1,639,202 $1,639,202 $30,233 $260 $71 ($17) 10.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,669,435 $1,669,955 State General Funds $1,669,435 $1,669,955 TOTAL PUBLIC FUNDS $1,669,435 $1,669,955 Appropriation (HB 106) $1,669,766 $1,669,766 $1,669,766 $1,669,749 $1,669,749 $1,669,749 Immigration Enforcement Review Board Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 11.100 -Immigration Enforcement Review Board Appropriation (HB 106) The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in THURSDAY, MARCH 28, 2013 3127 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 $20,000 $20,000 State General Funds $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $20,000 $20,000 $20,000 $20,000 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 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 $247,561 12.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,426 $1,426 $1,426 $1,426 12.100 -Legislative Services Appropriation (HB 106) 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 $248,987 $248,987 $248,987 $248,987 State General Funds $248,987 $248,987 $248,987 $248,987 TOTAL PUBLIC FUNDS $248,987 $248,987 $248,987 $248,987 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. 3128 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 $2,060,650 13.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $42,461 $42,461 $42,461 13.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $455 $455 13.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $124 $124 13.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $2,060,650 $2,060,650 $2,060,650 $42,461 $455 $124 ($30) 13.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 106) The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State funds for public school systems and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies. TOTAL STATE FUNDS $2,103,111 $2,103,690 $2,103,690 $2,103,660 State General Funds $2,103,111 $2,103,690 $2,103,690 $2,103,660 TOTAL PUBLIC FUNDS $2,103,111 $2,103,690 $2,103,690 $2,103,660 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total - Continuation $14,106,000 $14,106,000 $14,106,000 $14,106,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $14,106,000 $14,106,000 $150,000 $150,000 THURSDAY, MARCH 28, 2013 3129 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $14,256,000 $150,000 $14,256,000 $150,000 $14,256,000 $150,000 $14,256,000 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $14,339,599 $14,442,472 $14,339,599 $14,442,472 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $14,489,599 $14,592,472 $14,428,544 $14,428,544 $150,000 $150,000 $150,000 $14,578,544 $14,441,605 $14,441,605 $150,000 $150,000 $150,000 $14,591,605 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 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 $14,106,000 $14,106,000 $150,000 $150,000 $150,000 $14,256,000 14.1 Increase funds for personnel to restore furloughs. State General Funds $225,016 $112,508 $128,580 $112,508 14.2 Increase funds for information technology for docket software maintenance fees. State General Funds $33,000 $33,000 $33,000 $33,000 14.3 Increase funds for one-time funding of software upgrades to allow e-voting for judges. State General Funds $30,000 $30,000 $0 $30,000 14.4 Increase funds for the rental rate increase by Georgia Building Authority. 3130 JOURNAL OF THE SENATE State General Funds $10,459 $10,459 $10,459 $10,459 14.5 Increase funds for online legal subscription fee increases. State General Funds $1,124 $1,124 $1,124 $1,124 14.6 Reduce funds for one-time funding used for software to automate receipt of trial records to support the e-filing initiative. State General Funds ($66,000) ($66,000) ($66,000) ($66,000) 14.7 Reduce funds for one-time funding used to replace computers. State General Funds ($34,000) ($34,000) ($34,000) 14.8 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $246,043 $246,043 $246,043 14.9 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,062 $3,062 $3,062 14.10 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $276 $276 $276 14.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($867) 14.100 -Court of Appeals Appropriation (HB 106) 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 $14,339,599 $14,442,472 $14,428,544 $14,441,605 State General Funds $14,339,599 $14,442,472 $14,428,544 $14,441,605 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 THURSDAY, MARCH 28, 2013 3131 TOTAL PUBLIC FUNDS $14,489,599 $14,592,472 $14,578,544 $14,591,605 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 $12,423,861 $12,423,861 $12,423,861 $12,423,861 $12,423,861 $12,423,861 $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 $16,121,794 $16,121,794 $16,121,794 $12,423,861 $12,423,861 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794 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 $12,831,118 $12,370,700 $12,831,118 $12,370,700 $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 $16,529,051 $16,068,633 $12,369,998 $12,369,998 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,067,931 $12,322,112 $12,322,112 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,020,045 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 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 State General Funds TOTAL PUBLIC FUNDS $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 $431,821 3132 JOURNAL OF THE SENATE 15.1 Reduce funds for one position. State General Funds ($78,806) $0 ($78,806) 15.100 -Accountability Courts Appropriation (HB 106) 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 $431,821 $353,015 $431,821 $353,015 State General Funds $431,821 $353,015 $431,821 $353,015 TOTAL PUBLIC FUNDS $431,821 $353,015 $431,821 $353,015 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 16.100 -Georgia Office of Dispute Resolution Appropriation (HB 106) 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 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 THURSDAY, MARCH 28, 2013 3133 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992 17.1 Increase funds for training of judges. State General Funds $30,580 $10,000 $10,000 $10,000 17.100 -Institute of Continuing Judicial Education Appropriation (HB 106) 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 $492,369 $471,789 $471,789 $471,789 State General Funds $492,369 $471,789 $471,789 $471,789 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 $1,195,572 $1,174,992 $1,174,992 $1,174,992 Judicial Council Continuation Budget 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 3134 JOURNAL OF THE SENATE 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 $10,218,036 $10,218,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 $10,218,036 $10,218,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 $10,218,036 $10,218,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 $10,218,036 $10,218,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 18.1 Increase funds for personnel and operations for an Executive Director for the Council of Probate Court Judges. State General Funds $108,320 $0 $0 $0 18.2 Increase funds for a new Family Law Information Center. State General Funds $60,357 $0 $0 $0 18.3 Increase funds to support the statewide e-filing initiative. State General Funds $208,000 $0 $0 $0 18.4 Reduce funds. State General Funds ($102,180) ($181,688) ($150,000) 18.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $137,301 $137,301 $137,301 18.6 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($28,761) ($28,761) ($28,761) 18.7 Increase funds to reflect an adjustment in TeamWorks Financials billings. THURSDAY, MARCH 28, 2013 3135 State General Funds $2,996 $2,996 $2,996 18.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($768) 18.98 Transfer funds and activities from item #18.3 for e-filing activities and create a new "Georgia Statewide Judiciary e-Filing" program. (H:YES)(S:NO)(CC:NO) State General Funds $0 18.100 -Judicial Council Appropriation (HB 106) 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 STATE FUNDS $10,594,713 $10,227,392 $10,147,884 $10,178,804 State General Funds $10,594,713 $10,227,392 $10,147,884 $10,178,804 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 $13,416,553 $13,049,232 $12,969,724 $13,000,644 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 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 $512,215 3136 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $512,215 $512,215 $512,215 19.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $8,420 $8,420 19.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($2,131) ($2,131) $512,215 $8,420 ($2,131) 19.100 -Judicial Qualifications Commission Appropriation (HB 106) 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 $512,215 $518,504 $518,504 $518,504 State General Funds $512,215 $518,504 $518,504 $518,504 TOTAL PUBLIC FUNDS $512,215 $518,504 $518,504 $518,504 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 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 20.100 -Resource Center Appropriation (HB 106) 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 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 THURSDAY, MARCH 28, 2013 3137 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,774,461 $6,774,461 $6,774,461 $6,774,461 $6,774,461 $6,774,461 $447,456 $447,456 $447,456 $447,456 $447,456 $447,456 $7,221,917 $7,221,917 $7,221,917 $6,774,461 $6,774,461 $447,456 $447,456 $7,221,917 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,804,211 $6,789,621 $6,804,211 $6,789,621 $447,456 $447,456 $447,456 $447,456 $7,251,667 $7,237,077 $6,789,621 $6,789,621 $447,456 $447,456 $7,237,077 $6,787,786 $6,787,786 $447,456 $447,456 $7,235,242 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 $1,470,066 $1,470,066 $447,456 $447,456 $1,917,522 $1,470,066 $1,470,066 $447,456 $447,456 $1,917,522 $1,470,066 $1,470,066 $447,456 $447,456 $1,917,522 $1,470,066 $1,470,066 $447,456 $447,456 $1,917,522 21.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $29,750 $29,593 $29,593 $29,593 21.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $268 $268 $268 21.3 Reduce funds. State General Funds ($14,701) ($14,701) ($14,701) 3138 JOURNAL OF THE SENATE 21.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($1,835) 21.100 -Council of Juvenile Court Judges Appropriation (HB 106) 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 $1,499,816 $1,485,226 $1,485,226 $1,483,391 State General Funds $1,499,816 $1,485,226 $1,485,226 $1,483,391 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 $1,947,272 $1,932,682 $1,932,682 $1,930,847 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 22.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 106) 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 Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $60,074,711 $60,074,711 $60,074,711 $60,074,711 $60,074,711 $60,074,711 $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 $61,876,838 $61,876,838 $61,876,838 $60,074,711 $60,074,711 $1,802,127 $1,802,127 $1,802,127 $61,876,838 THURSDAY, MARCH 28, 2013 3139 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $64,638,563 $64,308,842 $64,638,563 $64,308,842 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $66,440,690 $66,110,969 $62,944,514 $62,944,514 $1,802,127 $1,802,127 $1,802,127 $64,746,641 $63,058,532 $63,058,532 $1,802,127 $1,802,127 $1,802,127 $64,860,659 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 23.1 Reduce funds. State General Funds ($1,875) ($1,875) ($1,875) 23.100 -Council of Superior Court Clerks (PAC) Appropriation (HB 106) 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 $185,580 $185,580 $185,580 State General Funds $187,455 $185,580 $185,580 $185,580 TOTAL PUBLIC FUNDS $187,455 $185,580 $185,580 $185,580 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 $52,881,965 $52,881,965 $52,881,965 $52,881,965 $52,881,965 $52,881,965 $52,881,965 $52,881,965 3140 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,802,127 $1,802,127 $1,802,127 $54,684,092 $1,802,127 $1,802,127 $1,802,127 $54,684,092 $1,802,127 $1,802,127 $1,802,127 $54,684,092 $1,802,127 $1,802,127 $1,802,127 $54,684,092 24.1 Increase funds for personnel for 25 additional assistant district attorneys. (H and S:Increase funds for 12 additional assistant district attorneys for use only in circuits or among circuits which have accountability courts and stagger start dates) State General Funds $2,188,230 $941,782 $941,782 $941,782 24.2 Increase funds to annualize promotions for assistant district attorneys provided in HB742 (2012 session) that were deferred. State General Funds $271,932 $0 $271,932 $271,932 24.3 Increase funds for personnel to annualize two assistant district attorneys reflecting the increase of new judgeships in the Piedmont and Bell-Forsyth Judicial Circuits as provided in HB742 (2012 session). State General Funds $104,522 $104,522 $104,522 $104,522 24.4 Increase funds for personnel to reflect promotional increases for experienced district attorneys. State General Funds $1,734,320 $1,734,320 $867,160 $867,160 24.5 Increase funds for district attorney court travel. State General Funds $155,947 $155,947 $0 $100,000 24.6 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to realign the FY2013 increase in retirement premiums to the correct program. State General Funds $1,125,097 $1,125,097 $1,125,097 $1,125,097 24.7 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,088,882 $1,088,882 $1,088,882 24.8 Increase funds as authorized in HB451 (2013 Session) for one Assistant District Attorney starting January 1, 2014 to reflect a new judgeship in the Chattahoochee Judicial District. (S and CC:Increase funds for two Assistant District Attorney positions in the Chattahoochee and Oconee Judicial Districts starting January 1, 2014) State General Funds $52,261 $104,522 $104,522 THURSDAY, MARCH 28, 2013 3141 24.9 Reduce funds. State General Funds ($528,820) 24.10 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($8,323) ($528,820) ($4,161) 24.100 -District Attorneys Appropriation (HB 106) 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 $58,462,013 $58,084,776 $56,848,719 $56,952,881 State General Funds $58,462,013 $58,084,776 $56,848,719 $56,952,881 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 Federal Fund Transfers Not Itemized $1,802,127 $1,802,127 $1,802,127 $1,802,127 TOTAL PUBLIC FUNDS $60,264,140 $59,886,903 $58,650,846 $58,755,008 Prosecuting Attorneys' 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 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 $7,005,291 25.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $58,218 $57,920 $57,920 $57,920 25.2 Increase funds for promotional increases for seven experienced attorneys. State General Funds $50,683 $25,342 $25,342 $25,342 25.3 Transfer funds from the Prosecuting Attorneys' Council program to the District Attorneys program to realign the FY2013 increase in retirement premiums to the correct program. 3142 JOURNAL OF THE SENATE State General Funds ($1,125,097) ($1,125,097) ($1,125,097) ($1,125,097) 25.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,981 $3,981 $3,981 25.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $58,218 $0 $0 25.6 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System from 3.90% to 4.23%. State General Funds $12,831 $12,831 $12,831 25.7 Reduce funds. State General Funds ($70,053) ($60,000) 25.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($197) 25.100 -Prosecuting Attorneys' Council Appropriation (HB 106) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,989,095 $6,038,486 $5,910,215 $5,920,071 State General Funds $5,989,095 $6,038,486 $5,910,215 $5,920,071 TOTAL PUBLIC FUNDS $5,989,095 $6,038,486 $5,910,215 $5,920,071 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 $61,105,042 TOTAL STATE FUNDS State General Funds Section Total - Final $61,823,951 $62,338,228 $61,823,951 $62,338,228 $61,752,513 $61,752,513 $62,255,828 $62,255,828 THURSDAY, MARCH 28, 2013 3143 TOTAL PUBLIC FUNDS $61,823,951 $62,338,228 $61,752,513 $62,255,828 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 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 $1,291,377 26.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,130 $25,130 $25,130 $25,130 26.2 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds $1,405 $1,405 $1,405 $1,405 26.3 Increase funds for personnel for temporary labor and interns. State General Funds $11,700 $11,700 $11,700 $11,700 26.4 Reduce funds. State General Funds ($12,914) ($12,914) ($12,914) 26.5 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $473 $473 $473 26.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). (CC: Move to Superior Court Judges program) State General Funds ($6,710) $0 26.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($40) 3144 JOURNAL OF THE SENATE 26.100 -Council of Superior Court Judges Appropriation (HB 106) 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 $1,329,612 $1,329,612 $1,329,612 $1,317,171 $1,317,171 $1,317,171 $1,310,461 $1,310,461 $1,310,461 $1,317,131 $1,317,131 $1,317,131 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 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 $2,336,893 27.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $46,442 $46,442 $46,442 $46,442 27.2 Increase funds to restore FY2013 personnel reductions. State General Funds $18,051 $18,051 $0 $0 27.3 Increase funds to restore operations reductions. State General Funds $135,000 $67,500 $0 $0 27.100 -Judicial Administrative Districts Appropriation (HB 106) 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 $2,536,386 $2,468,886 $2,383,335 $2,383,335 State General Funds $2,536,386 $2,468,886 $2,383,335 $2,383,335 TOTAL PUBLIC FUNDS $2,536,386 $2,468,886 $2,383,335 $2,383,335 THURSDAY, MARCH 28, 2013 3145 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 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 $57,476,772 28.1 Increase funds for personnel for salary step increases for 30 secretaries. State General Funds $205,019 $0 $0 $0 28.2 Increase funds for personnel to restore FY2013 reductions. State General Funds $168,558 $168,558 $0 $0 28.3 Increase funds to reflect an adjustment in the employer share of the Judicial Retirement System from 3.90% to 4.23%. State General Funds $82,144 $80,407 $80,407 $80,407 28.4 Increase funds for personnel for two law clerk positions. State General Funds $116,318 $0 $0 $0 28.5 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $308,486 $297,307 $297,307 $297,307 28.6 Increase funds for personnel to annualize two judgeships for the Piedmont and Bell-Forsyth Judicial Circuits created in SB356 (2012 Session). State General Funds $350,207 $350,207 $350,207 $350,207 28.7 Reduce funds for senior judges and consolidate remaining funds for accountability courts' senior judges and general usage senior judges into one category. (S:Reduce funds) State General Funds ($749,551) $0 ($500,000) $0 3146 JOURNAL OF THE SENATE 28.8 Increase funds as authorized in HB451 (2013 Session) for a Superior Court Judgeship in the Chattahoochee Judicial District starting January 1, 2014. (S and CC:Increase funds for two Superior Court judgeships in the Chattahoochee and Oconee Judicial Circuits starting January 1, 2014) State General Funds $175,104 $350,208 $350,208 28.9 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,816 $3,816 $3,816 28.10 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($3,355) 28.100 -Superior Court Judges Appropriation (HB 106) The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks. TOTAL STATE FUNDS $57,957,953 $58,552,171 $58,058,717 $58,555,362 State General Funds $57,957,953 $58,552,171 $58,058,717 $58,555,362 TOTAL PUBLIC FUNDS $57,957,953 $58,552,171 $58,058,717 $58,555,362 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 $9,093,297 $9,093,297 $9,093,297 $9,093,297 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $10,953,120 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total - Final $9,339,925 $9,392,560 $9,339,925 $9,392,560 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $9,330,203 $9,330,203 $1,859,823 $1,859,823 $9,392,560 $9,392,560 $1,859,823 $1,859,823 THURSDAY, MARCH 28, 2013 3147 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,859,823 $11,199,748 $1,859,823 $11,252,383 $1,859,823 $11,190,026 $1,859,823 $11,252,383 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 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 29.1 Increase funds for personnel for one staff attorney position. (H and CC:Increase funds for one staff attorney position starting January 1, 2014) State General Funds $124,713 $62,357 $0 $62,357 29.2 Increase funds for one-time funding to digitize paper records for cases in calendar year 2012. State General Funds $34,875 $34,875 $34,875 $34,875 29.3 Increase funds to convert microfilm records to digital records. State General Funds $79,500 $79,500 $79,500 29.4 Increase funds for the rental rate increase by Georgia Building Authority. State General Funds $7,540 $7,540 $7,540 29.5 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $146,611 $146,611 $79,500 $7,540 $146,611 3148 JOURNAL OF THE SENATE 29.6 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 29.7 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds ($32,455) ($32,455) ($32,455) $835 $835 $835 29.100 -Supreme Court of Georgia Appropriation (HB 106) 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 $9,339,925 $9,392,560 $9,330,203 $9,392,560 State General Funds $9,339,925 $9,392,560 $9,330,203 $9,392,560 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 $11,199,748 $11,252,383 $11,190,026 $11,252,383 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 $3,781,064 $3,781,064 $3,781,064 $3,781,064 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $15,695,323 $19,476,387 $19,476,387 $19,476,387 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Final $3,670,594 $3,623,730 $3,670,594 $3,623,730 $16,412,502 $16,412,502 $3,760,594 $3,760,594 $16,412,502 $3,626,413 $3,626,413 $16,412,502 THURSDAY, MARCH 28, 2013 3149 State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS $16,412,502 $16,412,502 $20,083,096 $16,412,502 $16,412,502 $20,036,232 $16,412,502 $16,412,502 $20,173,096 $16,412,502 $16,412,502 $20,038,915 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 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 $3,781,064 $3,781,064 $15,695,323 $15,695,323 $15,695,323 $19,476,387 30.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $64,117 $64,117 $64,117 $64,117 30.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($61,155) ($61,155) ($61,155) ($61,155) 30.3 Reduce funds for personnel. (CC:Reduce funds) State General Funds ($23,432) ($70,296) ($23,432) ($42,500) 30.4 Eliminate funds for the training contract with the Carl Vinson Institute of Government. (CC:Reflect in the Board of Regents Teaching subprogram for Carl Vinson Institute of Government) State General Funds ($90,000) ($90,000) $0 ($90,000) 30.5 Increase funds to reflect additional billings for TeamWorks Financials statewide adjustments. Accounting System Assessments $717,179 $717,179 $717,179 $717,179 3150 JOURNAL OF THE SENATE 30.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds 30.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($25,000) ($113) 30.100 -State Accounting Office Appropriation (HB 106) 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 $3,670,594 $3,623,730 $3,760,594 $3,626,413 State General Funds $3,670,594 $3,623,730 $3,760,594 $3,626,413 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,412,502 $16,412,502 $16,412,502 $16,412,502 State Funds Transfers $16,412,502 $16,412,502 $16,412,502 $16,412,502 Accounting System Assessments $16,412,502 $16,412,502 $16,412,502 $16,412,502 TOTAL PUBLIC FUNDS $20,083,096 $20,036,232 $20,173,096 $20,038,915 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 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 $4,848,272 $4,848,272 $4,848,272 $4,848,272 $4,848,272 $4,848,272 $19,366,471 $19,366,471 $19,366,471 $792,810 $792,810 $792,810 $792,810 $792,810 $792,810 $3,262,897 $3,262,897 $3,262,897 $3,262,897 $3,262,897 $3,262,897 $36,619 $36,619 $36,619 $36,619 $36,619 $36,619 $14,199,536 $14,199,536 $14,199,536 $14,199,536 $14,199,536 $14,199,536 $1,074,609 $1,074,609 $1,074,609 $1,074,609 $1,074,609 $1,074,609 $4,848,272 $4,848,272 $19,366,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,199,536 $14,199,536 $1,074,609 $1,074,609 THURSDAY, MARCH 28, 2013 3151 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Liability Funds Merit System Assessments 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 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 State Fund Transfers Not Itemized Agency to Agency Contracts Liability Funds Merit System Assessments Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,149,505 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,149,505 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,149,505 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,149,505 Section Total - Final $5,840,559 $5,484,066 $5,840,559 $5,484,066 $19,366,471 $19,766,471 $792,810 $792,810 $792,810 $792,810 $3,262,897 $3,262,897 $3,262,897 $3,262,897 $36,619 $36,619 $36,619 $36,619 $14,199,536 $14,599,536 $14,199,536 $14,599,536 $1,074,609 $1,074,609 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $173,934,762 $173,934,762 $28,083,447 $28,083,447 $350,000 $350,000 $28,427,991 $28,427,991 $9,806,920 $9,806,920 $18,166,404 $18,166,404 $89,100,000 $89,100,000 $199,141,792 $199,185,299 $4,785,064 $4,785,064 $19,716,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,549,536 $14,549,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,436,297 $4,890,092 $4,890,092 $20,116,471 $792,810 $792,810 $3,262,897 $3,262,897 $36,619 $36,619 $14,949,536 $14,949,536 $1,074,609 $1,074,609 $173,934,762 $173,934,762 $28,083,447 $350,000 $28,427,991 $9,806,920 $18,166,404 $89,100,000 $198,941,325 3152 JOURNAL OF THE SENATE Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolution. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 $337,355 31.1 Reduce one-time funds for HR1160 and HR1161 (2012 Session). State General Funds ($337,355) ($337,355) ($337,355) ($337,355) 31.2 Increase funds for HR73 (2013 Session). (S:Increase funds pursuant to HR73 (2013 Session) to purchase a 20-year annuity with an initial $100,000 lump sum payment for an individual who was wrongfully imprisoned)(CC:Provide funding in FY2014 Amended pursuant to favorable passage of HR73 (2013 Session)) State General Funds $343,507 $343,507 $0 31.100 -Compensation Per General Assembly Resolutions Appropriation (HB 106) 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 $0 $343,507 $343,507 $0 State General Funds $0 $343,507 $343,507 $0 TOTAL PUBLIC FUNDS $0 $343,507 $343,507 $0 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 $0 $0 $3,485,465 $36,619 $36,619 $3,032,114 $3,032,114 THURSDAY, MARCH 28, 2013 3153 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts Merit System Assessments TOTAL PUBLIC FUNDS $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $5,729,732 32.1 Transfer funds from the Office of Consumer Protection to the Department of Administrative Services for Team Georgia personnel and operations. (S and CC:Transfer funds from the State Purchasing program to the Departmental Administration program for Team Georgia personnel and operations) State General Funds Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: $350,000 $350,000 $350,000 $350,000 $0 $350,000 $350,000 $0 $350,000 $350,000 32.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $350,000 $350,000 State General Funds $350,000 $350,000 TOTAL AGENCY FUNDS $3,485,465 $3,485,465 Intergovernmental Transfers $36,619 $36,619 Intergovernmental Transfers Not Itemized $36,619 $36,619 Rebates, Refunds, and Reimbursements $3,032,114 $3,032,114 Rebates, Refunds, and Reimbursements Not Itemized $3,032,114 $3,032,114 Sales and Services $416,732 $416,732 Sales and Services Not Itemized $416,732 $416,732 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,244,267 $2,244,267 State Funds Transfers $2,244,267 $2,244,267 State Fund Transfers Not Itemized $741,832 $741,832 Agency to Agency Contracts $350,000 $350,000 Merit System Assessments $1,152,435 $1,152,435 TOTAL PUBLIC FUNDS $6,079,732 $6,079,732 Appropriation (HB 106) $0 $0 $3,835,465 $36,619 $36,619 $3,382,114 $3,382,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $6,079,732 $0 $0 $3,835,465 $36,619 $36,619 $3,382,114 $3,382,114 $416,732 $416,732 $2,244,267 $2,244,267 $741,832 $350,000 $1,152,435 $6,079,732 3154 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 33.100 -Fleet Management Appropriation (HB 106) 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 Human Resources Administration Continuation Budget 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 STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 THURSDAY, MARCH 28, 2013 3155 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 $8,654,485 $8,654,485 $8,654,485 $8,654,485 34.100 -Human Resources Administration Appropriation (HB 106) 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 $8,654,485 $8,654,485 $8,654,485 $8,654,485 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 State Fund Transfers Not Itemized Liability Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205 $0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205 $0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205 $0 $0 $161,735,205 $161,735,205 $26,040,810 $28,427,991 $18,166,404 $89,100,000 $161,735,205 35.1 Increase funds for the Peace Officer's Indemnification Trust Fund. State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 3156 JOURNAL OF THE SENATE 35.100 -Risk Management Appropriation (HB 106) 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 $1,000,000 $1,000,000 $1,000,000 $1,000,000 State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $161,735,205 $161,735,205 $161,735,205 $161,735,205 State Funds Transfers $161,735,205 $161,735,205 $161,735,205 $161,735,205 State Fund Transfers Not Itemized $26,040,810 $26,040,810 $26,040,810 $26,040,810 Liability Funds $28,427,991 $28,427,991 $28,427,991 $28,427,991 Unemployment Compensation Funds $18,166,404 $18,166,404 $18,166,404 $18,166,404 Workers Compensation Funds $89,100,000 $89,100,000 $89,100,000 $89,100,000 TOTAL PUBLIC FUNDS $162,735,205 $162,735,205 $162,735,205 $162,735,205 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 TOTAL PUBLIC FUNDS $0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $0 $0 $10,319,374 $10,319,374 $10,319,374 $10,319,374 36.1 Remit payment to the State Treasury. (Total Funds: $1,200,000)(G:YES)(H:Follow Governor's Recommendation for Revenue estimate)(S:YES) State General Funds $0 $0 $0 $0 THURSDAY, MARCH 28, 2013 3157 36.2 The Department is authorized to retain only $10,719,374 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. (H:YES)(S:The Department is authorized to retain only $10,319,374 for Purchasing and $2,125,974 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)(CC:The Department is authorized to retain only $10,719,374 for Purchasing and $2,125,974 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 $400,000 $0 $400,000 36.100 -State Purchasing Appropriation (HB 106) 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 $10,719,374 $10,719,374 $10,719,374 $10,719,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,719,374 $10,719,374 $10,719,374 $10,719,374 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 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $0 $0 $1,198,594 $620,717 $620,717 $577,877 3158 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $577,877 $1,198,594 $577,877 $1,198,594 $577,877 $1,198,594 $577,877 $1,198,594 37.100 -Surplus Property Appropriation (HB 106) 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 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 $1,540,251 38.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $58,496 $58,496 $58,496 $58,496 38.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $7,783 $7,783 $7,783 $7,783 38.3 Reduce funds for contracts. State General Funds ($46,208) ($46,208) ($46,208) ($46,208) 38.4 Reduce funds to reflect projected expenditures. State General Funds ($700,000) ($1,049,002) ($600,000) THURSDAY, MARCH 28, 2013 3159 38.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($396) 38.100 -Payments to Georgia Aviation Authority Appropriation (HB 106) 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 $1,560,322 $860,322 $511,320 $959,926 State General Funds $1,560,322 $860,322 $511,320 $959,926 TOTAL PUBLIC FUNDS $1,560,322 $860,322 $511,320 $959,926 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 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 $40,728 40.1 Reduce funds for operations. State General Funds ($1,222) ($1,222) ($1,222) ($1,222) 40.100 -Certificate of Need Appeal Panel Appropriation (HB 106) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS $39,506 $39,506 $39,506 $39,506 State General Funds $39,506 $39,506 $39,506 $39,506 TOTAL PUBLIC FUNDS $39,506 $39,506 $39,506 $39,506 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, 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. 3160 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 41.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $48,660 $48,660 $48,660 41.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $31 $31 $31 41.3 Reduce funds for the Tax Court based on projected expenditures. State General Funds ($9,788) ($9,788) ($9,788) 41.4 Reduce funds for a vacant judge position and replace with a temporary position. State General Funds ($78,110) ($78,110) ($78,110) 41.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $2,929,938 $2,929,938 $1,300,805 $1,300,805 $1,300,805 $4,230,743 $48,660 $31 ($9,788) ($78,110) ($71) 41.100 -Administrative Hearings, Office of State Appropriation (HB 106) 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 $2,890,731 $2,890,731 $2,890,731 $2,890,660 State General Funds $2,890,731 $2,890,731 $2,890,731 $2,890,660 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,300,805 $1,300,805 $1,300,805 $1,300,805 State Funds Transfers $1,300,805 $1,300,805 $1,300,805 $1,300,805 State Fund Transfers Not Itemized $1,300,805 $1,300,805 $1,300,805 $1,300,805 TOTAL PUBLIC FUNDS $4,191,536 $4,191,536 $4,191,536 $4,191,465 THURSDAY, MARCH 28, 2013 3161 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 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $0 $0 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 42.100 -State Treasurer, Office of the Appropriation (HB 106) 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 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 $3,342,897 $3,262,897 $3,262,897 $80,000 $80,000 $3,342,897 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 Section Total - Continuation $40,734,043 $40,734,043 $40,734,043 $40,734,043 $40,734,043 $40,734,043 $40,734,043 $40,734,043 3162 JOURNAL OF THE SENATE 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $51,352,061 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $40,136,800 $40,061,800 $40,136,800 $40,061,800 $7,163,980 $7,163,980 $7,163,980 $7,163,980 $2,607,299 $2,607,299 $175,000 $175,000 $175,000 $175,000 $2,432,299 $2,432,299 $2,432,299 $2,432,299 $846,739 $846,739 $846,739 $846,739 $621,739 $621,739 $225,000 $225,000 $50,754,818 $50,679,818 $40,039,809 $40,039,809 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $50,657,827 $40,140,382 $40,140,382 $7,163,980 $7,163,980 $2,607,299 $175,000 $175,000 $2,432,299 $2,432,299 $846,739 $846,739 $621,739 $225,000 $50,758,400 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. THURSDAY, MARCH 28, 2013 3163 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 $2,810,149 43.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $18,991 $18,991 $18,991 $18,991 43.2 Increase funds for the Board of Regents contract to reflect an adjustment in the employer share of health insurance premiums. State General Funds $5,992 $5,992 $5,992 $5,992 43.3 Increase funds to recognize the annualized portion of FY2013 increase in the employer share of health insurance and Teachers' Retirement System. State General Funds $20,238 $20,238 $20,238 $20,238 43.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 106) 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 $2,855,370 $2,855,370 $2,855,370 $2,855,370 State General Funds $2,855,370 $2,855,370 $2,855,370 $2,855,370 TOTAL PUBLIC FUNDS $2,855,370 $2,855,370 $2,855,370 $2,855,370 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; 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. 3164 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $24,325,136 $24,325,136 $7,128,980 $7,128,980 $1,276,004 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 $24,325,136 $24,325,136 $7,128,980 $7,128,980 $1,276,004 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 $24,325,136 $24,325,136 $7,128,980 $7,128,980 $1,276,004 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 $24,325,136 $24,325,136 $7,128,980 $7,128,980 $1,276,004 $175,000 $175,000 $1,101,004 $1,101,004 $225,000 $225,000 $225,000 $32,955,120 44.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $390,561 $390,561 $390,561 $390,561 44.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($104,405) ($104,405) ($104,405) ($104,405) 44.3 Reduce funds for operations. State General Funds ($65,194) ($65,194) ($65,194) ($65,194) 44.4 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds ($140,239) ($140,239) ($140,239) ($140,239) 44.5 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($205,765) ($280,765) ($280,765) ($205,765) 44.6 Reduce funds for motor vehicle purchases. State General Funds ($121,000) ($121,000) ($121,000) ($121,000) THURSDAY, MARCH 28, 2013 3165 44.7 Reduce funds for safety inspections in the Consumer Protection program and transfer savings to the Marketing and Promotion program for farmers' markets safety compliance expenditures. State General Funds ($472,013) ($472,013) ($472,013) ($472,013) 44.100 -Consumer Protection Appropriation (HB 106) 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 $23,607,081 $23,532,081 $23,532,081 $23,607,081 State General Funds $23,607,081 $23,532,081 $23,532,081 $23,607,081 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 $1,276,004 $1,276,004 $1,276,004 $1,276,004 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 $1,101,004 $1,101,004 $1,101,004 $1,101,004 Sales and Services Not Itemized $1,101,004 $1,101,004 $1,101,004 $1,101,004 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 $32,237,065 $32,162,065 $32,162,065 $32,237,065 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 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 $4,558,992 3166 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $4,558,992 $4,558,992 $4,558,992 $4,558,992 45.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $70,480 $70,480 $70,480 $70,480 45.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($27,776) ($27,776) ($27,776) ($27,776) 45.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,262 $3,262 $3,262 $3,262 45.4 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($142,020) ($142,020) ($142,020) ($142,020) 45.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). (CC:Reduce funds) State General Funds ($21,991) ($10,996) 45.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($33,693) 45.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,462,938 $4,462,938 $4,440,947 $4,418,249 State General Funds $4,462,938 $4,462,938 $4,440,947 $4,418,249 TOTAL PUBLIC FUNDS $4,462,938 $4,462,938 $4,440,947 $4,418,249 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 $4,991,729 $4,991,729 $4,991,729 $4,991,729 THURSDAY, MARCH 28, 2013 3167 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 State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $4,991,729 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763 $4,991,729 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763 $4,991,729 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763 $4,991,729 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $621,739 $6,979,763 46.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $60,786 $60,786 $60,786 $60,786 46.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($42,911) ($42,911) ($42,911) ($42,911) 46.3 Increase funds for operations related to issuing Georgia Agricultural Tax Exemption (GATE) certificates. State General Funds $500,000 $550,000 $550,000 $550,000 46.4 Reduce funds for rent based on a decrease in occupancy in the Agriculture building. State General Funds ($36,046) ($36,046) ($36,046) ($36,046) 46.5 Reduce funds for personnel as a result of cross-training and staff reorganization. State General Funds ($139,324) ($189,324) ($189,324) ($139,324) 46.6 Eliminate funds for contracts for the Brussels office. State General Funds ($81,882) ($81,882) ($81,882) ($81,882) 46.7 Eliminate funds for the H1B/H2A Guest Worker program. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 3168 JOURNAL OF THE SENATE 46.8 Increase funds for farmers' markets safety compliance expenditures in the Marketing and Promotion program by transferring savings from the Consumer Protection program. State General Funds $472,013 $472,013 $472,013 $472,013 46.100 -Marketing and Promotion Appropriation (HB 106) 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 $5,574,365 $5,574,365 $5,574,365 $5,624,365 State General Funds $5,574,365 $5,574,365 $5,574,365 $5,624,365 TOTAL FEDERAL FUNDS $35,000 $35,000 $35,000 $35,000 Federal Funds Not Itemized $35,000 $35,000 $35,000 $35,000 TOTAL AGENCY FUNDS $1,331,295 $1,331,295 $1,331,295 $1,331,295 Sales and Services $1,331,295 $1,331,295 $1,331,295 $1,331,295 Sales and Services Not Itemized $1,331,295 $1,331,295 $1,331,295 $1,331,295 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $621,739 $621,739 $621,739 $621,739 State Funds Transfers $621,739 $621,739 $621,739 $621,739 State Fund Transfers Not Itemized $621,739 $621,739 $621,739 $621,739 TOTAL PUBLIC FUNDS $7,562,399 $7,562,399 $7,562,399 $7,612,399 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 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 $2,763,298 47.1 Reduce funds for operations. State General Funds ($82,899) ($82,899) ($82,899) ($82,899) 47.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 106) The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. THURSDAY, MARCH 28, 2013 3169 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,680,399 $2,680,399 $2,680,399 $2,680,399 $2,680,399 $2,680,399 $2,680,399 $2,680,399 $2,680,399 $2,680,399 $2,680,399 $2,680,399 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 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 $1,284,739 48.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $10,450 $10,450 $10,450 $10,450 48.2 Reduce funds and replace with other funds. State General Funds ($200,000) ($200,000) ($200,000) 48.3 Reduce funds to reflect savings from energy efficient investments and horse stable enhancements. State General Funds ($100,000) ($100,000) ($100,000) 48.4 Reduce funds for operations. State General Funds ($38,542) ($38,542) ($38,542) 48.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($200,000) ($100,000) ($38,542) ($1,729) 48.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 106) 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 $956,647 $956,647 $956,647 $954,918 State General Funds $956,647 $956,647 $956,647 $954,918 TOTAL PUBLIC FUNDS $956,647 $956,647 $956,647 $954,918 3170 JOURNAL OF THE SENATE Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 $11,357,111 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,204,723 $11,203,815 $11,203,815 $11,203,815 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 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 $218,206 49.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $4,035 $4,035 $4,035 $4,035 49.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($160) ($160) ($160) ($160) 49.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $20 $20 $20 $20 49.100 -Consumer Protection and Assistance Appropriation (HB 106) The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $222,101 $222,101 $222,101 $222,101 State General Funds $222,101 $222,101 $222,101 $222,101 TOTAL PUBLIC FUNDS $222,101 $222,101 $222,101 $222,101 THURSDAY, MARCH 28, 2013 3171 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 50.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $36,880 $36,880 $36,880 $36,880 50.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,460) ($1,460) ($1,460) ($1,460) 50.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $185 $185 $185 $185 50.4 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 50.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($908) 50.100 -Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,000,513 $2,000,513 State General Funds $2,000,513 $2,000,513 TOTAL PUBLIC FUNDS $2,000,513 $2,000,513 Appropriation (HB 106) $2,000,513 $2,000,513 $2,000,513 $1,999,605 $1,999,605 $1,999,605 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. 3172 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 $7,215,024 51.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $133,946 $133,946 $133,946 51.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($5,302) ($5,302) ($5,302) 51.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $673 $673 $673 51.4 Reduce funds for travel. State General Funds ($14,632) ($14,632) ($14,632) 51.5 Reduce funds for operations. State General Funds ($3,890) ($3,890) ($3,890) 51.6 Reduce funds for personnel for one filled position and part-time labor, and hold two positions vacant. State General Funds ($276,823) ($276,823) ($276,823) $7,215,024 $7,215,024 $7,215,024 $133,946 ($5,302) $673 ($14,632) ($3,890) ($276,823) 51.100 -Financial Institution Supervision Appropriation (HB 106) 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 $7,048,996 $7,048,996 $7,048,996 $7,048,996 $7,048,996 $7,048,996 $7,048,996 $7,048,996 $7,048,996 $7,048,996 $7,048,996 $7,048,996 THURSDAY, MARCH 28, 2013 3173 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, 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 State General Funds TOTAL PUBLIC FUNDS $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 $1,908,973 52.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $35,362 $35,362 $35,362 $35,362 52.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,400) ($1,400) ($1,400) ($1,400) 52.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $178 $178 $178 $178 52.4 Transfer funds from the Departmental Administration program to the Non-Depository Financial Institution Supervision program for personnel. State General Funds $50,000 $50,000 $50,000 $50,000 52.5 Reduce funds for operations. State General Funds ($1,512) ($1,512) ($1,512) ($1,512) 52.6 Reduce funds for contracts by eliminating temporary clerical assistance. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 52.7 Reduce funds for personnel by eliminating part-time employees. State General Funds ($38,488) ($38,488) ($38,488) ($38,488) 3174 JOURNAL OF THE SENATE 52.100 -Non-Depository Financial Institution Supervision Appropriation (HB 106) 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 $1,933,113 $1,933,113 $1,933,113 $1,933,113 State General Funds $1,933,113 $1,933,113 $1,933,113 $1,933,113 TOTAL PUBLIC FUNDS $1,933,113 $1,933,113 $1,933,113 $1,933,113 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $938,225,891 $938,225,891 $938,225,891 State General Funds $927,970,753 $927,970,753 $927,970,753 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $143,796,869 $143,796,869 $143,796,869 Federal Funds Not Itemized $10,716,517 $10,716,517 $10,716,517 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $24,477,192 $24,477,192 $24,477,192 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $46,889,589 $46,889,589 $46,889,589 FFIND Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 $11,568,720 $11,568,720 TOTAL AGENCY FUNDS $45,392,197 $45,392,197 $45,392,197 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 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 $44,267,137 $44,267,137 $44,267,137 Sales and Services Not Itemized $44,267,137 $44,267,137 $44,267,137 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 State Fund Transfers Not Itemized $2,357,130 $2,357,130 $2,357,130 Agency to Agency Contracts $2,599,263 $2,599,263 $2,599,263 $938,225,891 $927,970,753 $10,255,138 $143,796,869 $10,716,517 $14,163,709 $24,477,192 $46,889,589 $35,981,142 $11,568,720 $45,392,197 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $44,267,137 $44,267,137 $5,004,491 $4,956,393 $2,357,130 $2,599,263 THURSDAY, MARCH 28, 2013 3175 Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $48,098 $48,098 $48,098 $48,098 $48,098 $48,098 $48,098 $48,098 $1,132,419,448 $1,132,419,448 $1,132,419,448 $1,132,419,448 Section Total - Final TOTAL STATE FUNDS $956,435,491 $956,128,317 State General Funds $946,180,353 $945,873,179 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $144,355,412 $145,162,586 Federal Funds Not Itemized $10,716,517 $10,716,517 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $25,035,735 $25,842,909 Prevention & Treatment of Substance Abuse Grant CFDA93.959$46,889,589 $46,889,589 FFIND Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 $11,568,720 TOTAL AGENCY FUNDS $54,801,749 $54,801,749 Intergovernmental Transfers $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 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 $53,676,689 $53,676,689 Sales and Services Not Itemized $53,676,689 $53,676,689 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 $5,004,491 State Funds Transfers $4,956,393 $4,956,393 State Fund Transfers Not Itemized $2,357,130 $2,357,130 Agency to Agency Contracts $2,599,263 $2,599,263 Federal Funds Transfers $48,098 $48,098 Federal Fund Transfers Not Itemized $48,098 $48,098 TOTAL PUBLIC FUNDS $1,160,597,143 $1,161,097,143 $953,610,020 $943,354,882 $10,255,138 $144,967,401 $10,716,517 $14,163,709 $25,647,724 $46,889,589 $35,981,142 $11,568,720 $54,801,749 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $53,676,689 $53,676,689 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,158,383,661 $955,975,909 $945,720,771 $10,255,138 $144,827,042 $10,716,517 $14,163,709 $25,507,365 $46,889,589 $35,981,142 $11,568,720 $54,801,749 $200,000 $200,000 $257,036 $257,036 $668,024 $668,024 $53,676,689 $53,676,689 $5,004,491 $4,956,393 $2,357,130 $2,599,263 $48,098 $48,098 $1,160,609,191 3176 JOURNAL OF THE SENATE 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 Social Services Block Grant CFDA93.667 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 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 $45,076,146 $45,076,146 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $90,502,139 53.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $203,634 $203,634 $203,634 $203,634 53.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $8,260 $8,260 $8,260 $8,260 53.3 Transfer funds from the Adult Addictive Diseases Services program to the Adult Forensic Services program to align the budget with program expenditures. State General Funds ($1,231,428) ($1,231,428) ($1,231,428) ($1,231,428) 53.100 -Adult Addictive Diseases Services Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3177 TOTAL STATE FUNDS $44,056,612 State General Funds $44,056,612 TOTAL FEDERAL FUNDS $44,990,790 Medical Assistance Program CFDA93.778 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959$30,722,070 FFIND Social Services Block Grant CFDA93.667 $2,500,000 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 TOTAL AGENCY FUNDS $435,203 Intergovernmental Transfers $200,000 Intergovernmental Transfers Not Itemized $200,000 Rebates, Refunds, and Reimbursements $234,903 Rebates, Refunds, and Reimbursements Not Itemized $234,903 Sales and Services $300 Sales and Services Not Itemized $300 TOTAL PUBLIC FUNDS $89,482,605 $44,056,612 $44,056,612 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,482,605 $44,056,612 $44,056,612 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,482,605 $44,056,612 $44,056,612 $44,990,790 $200,000 $30,722,070 $2,500,000 $11,568,720 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $89,482,605 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509 $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509 $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509 $274,751,725 $264,496,587 $10,255,138 $37,922,210 $11,778,039 $26,144,171 $20,969,574 $20,969,574 $20,969,574 $333,643,509 54.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,474,781 $1,474,781 $1,474,781 $1,474,781 3178 JOURNAL OF THE SENATE 54.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $127,627 $127,627 $127,627 $127,627 54.3 Reduce funds to reflect savings from unit closures at state hospitals. State General Funds ($10,500,000) ($10,500,000) ($10,500,000) ($10,500,000) 54.4 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($558,543) $558,543 $0 ($558,543) $558,543 $0 ($558,543) $558,543 $0 ($558,543) $558,543 $0 54.5 Increase funds for developmental disabilities consumers in community settings to meet the requirements of the State's settlement agreement with the United States Department of Justice (excludes waivers). State General Funds $1,872,000 $1,872,000 $1,872,000 $1,872,000 54.6 Reduce funds to reflect savings from administrative efficiencies at regional offices. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 54.7 Increase funds for 250 additional slots for the New Options Waiver (NOW) and Comprehensive Waiver (COMP) and to annualize the cost of the 250 FY2013 waiver slots for the developmentally disabled to meet the requirements of the State's settlement agreement with the United States Department of Justice. State General Funds $11,966,160 $11,966,160 $11,966,160 $11,966,160 54.8 Replace funds with Medicaid Upper Payment Limit and Cost Settlement Funds for hospitals. (H and S:YES; This reduction reflects a one-time savings that cannot be achieved in future years) State General Funds Sales and Services Not Itemized Total Public Funds: ($9,409,552) $9,409,552 $0 ($9,409,552) $9,409,552 $0 ($9,409,552) $9,409,552 $0 ($9,409,552) $9,409,552 $0 54.9 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 $2,297,999 $2,297,999 $2,297,999 $2,297,999 THURSDAY, MARCH 28, 2013 3179 54.10 Increase funds for residential housing vouchers for developmentally disabled individuals in the community. State General Funds $50,000 $0 54.11 Increase funds for Georgia Community Support and Solutions. State General Funds $25,000 $0 54.12 Increase funds for Rockdale Cares. State General Funds $50,000 $50,000 54.100 -Adult Developmental Disabilities Services Appropriation (HB 106) 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 $271,772,197 $271,772,197 $271,897,197 $271,822,197 State General Funds $261,517,059 $261,517,059 $261,642,059 $261,567,059 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $38,480,753 $38,480,753 $38,480,753 $38,480,753 Medical Assistance Program CFDA93.778 $12,336,582 $12,336,582 $12,336,582 $12,336,582 FFIND Social Services Block Grant CFDA93.667 $26,144,171 $26,144,171 $26,144,171 $26,144,171 TOTAL AGENCY FUNDS $30,379,126 $30,379,126 $30,379,126 $30,379,126 Sales and Services $30,379,126 $30,379,126 $30,379,126 $30,379,126 Sales and Services Not Itemized $30,379,126 $30,379,126 $30,379,126 $30,379,126 TOTAL PUBLIC FUNDS $340,632,076 $340,632,076 $340,757,076 $340,682,076 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 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 $68,388,654 $68,388,654 $26,500 $26,500 $26,500 $68,415,154 3180 JOURNAL OF THE SENATE 55.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,337,336 $1,337,336 $1,337,336 $1,337,336 55.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,589 $3,589 $3,589 $3,589 55.3 Transfer funds from the Adult Addictive Diseases Services ($1,231,428) and Adult Mental Health Services ($1,103,172) programs to the Adult Forensic Services program to align the budget with program expenditures. State General Funds $2,334,600 $2,334,600 $2,334,600 $2,334,600 55.4 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program for CRIPA treatment mall activities. State General Funds $2,687,881 $2,687,881 $2,687,881 $2,687,881 55.5 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 $4,853,320 $4,853,320 $4,853,320 $4,853,320 55.100 -Adult Forensic Services Appropriation (HB 106) 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 $79,605,380 $79,605,380 $79,605,380 $79,605,380 State General Funds $79,605,380 $79,605,380 $79,605,380 $79,605,380 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 $79,631,880 $79,631,880 $79,631,880 $79,631,880 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. THURSDAY, MARCH 28, 2013 3181 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 $279,744,235 $279,744,235 $16,747,136 $8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 $279,744,235 $279,744,235 $16,747,136 $8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 $279,744,235 $279,744,235 $16,747,136 $8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 $279,744,235 $279,744,235 $16,747,136 $8,038,893 $6,726,178 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $298,794,728 56.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,628,658 $1,628,658 $1,628,658 $1,628,658 56.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $27,081 $27,081 $27,081 $27,081 56.3 Increase funds for Medicaid growth. State General Funds $1,250,000 $1,250,000 $1,250,000 $1,250,000 56.4 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 $21,557,465 $21,557,465 $21,557,465 $21,557,465 56.5 Reduce funds to reflect savings from administrative efficiencies at regional offices. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 56.6 Reduce funds to reflect the completion of the Opening Doors to Recovery Project. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 56.7 Transfer funds from the Adult Mental Health Services program to the Adult Forensic Services program to align the budget with program expenditures. State General Funds ($1,103,172) ($1,103,172) ($1,103,172) ($1,103,172) 3182 JOURNAL OF THE SENATE 56.8 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 $2,072,629 $2,072,629 $2,072,629 $2,072,629 56.9 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program for CRIPA treatment mall activities. State General Funds $2,143,824 $2,143,824 $2,143,824 $2,143,824 56.10 Replace funds to reflect a change in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($88,355) $88,355 $0 ($88,355) $88,355 $0 ($88,355) $88,355 $0 56.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($30,765) 56.100 -Adult Mental Health Services Appropriation (HB 106) 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 $306,570,720 $306,482,365 $306,482,365 $306,451,600 State General Funds $306,570,720 $306,482,365 $306,482,365 $306,451,600 TOTAL FEDERAL FUNDS $16,747,136 $16,835,491 $16,835,491 $16,835,491 Federal Funds Not Itemized $8,038,893 $8,038,893 $8,038,893 $8,038,893 Community Mental Health Services Block Grant CFDA93.958 $6,726,178 $6,726,178 $6,726,178 $6,726,178 Medical Assistance Program CFDA93.778 $1,982,065 $2,070,420 $2,070,420 $2,070,420 TOTAL AGENCY FUNDS $2,303,357 $2,303,357 $2,303,357 $2,303,357 Sales and Services $2,303,357 $2,303,357 $2,303,357 $2,303,357 Sales and Services Not Itemized $2,303,357 $2,303,357 $2,303,357 $2,303,357 TOTAL PUBLIC FUNDS $325,621,213 $325,621,213 $325,621,213 $325,590,448 Adult Nursing Home Services Continuation Budget The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities. THURSDAY, MARCH 28, 2013 3183 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 57.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $78,487 $78,487 $78,487 $78,487 57.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,487 $1,487 $1,487 $1,487 57.3 Reduce funds to reflect the closure of Craig Nursing Home. (S:Reflect increased savings estimate from closure) State General Funds ($100,000) ($100,000) ($1,500,000) ($250,000) 57.4 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 $3,263,083 $3,263,083 $3,263,083 $3,263,083 57.100 -Adult Nursing Home Services Appropriation (HB 106) 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 $8,126,686 $8,126,686 $6,726,686 $7,976,686 State General Funds $8,126,686 $8,126,686 $6,726,686 $7,976,686 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 $14,456,755 $14,456,755 $13,056,755 $14,306,755 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. 3184 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 $3,273,354 $3,273,354 $6,154,800 $226,000 $5,928,800 $9,428,154 58.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $6,997 $6,997 $6,997 $6,997 58.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,300 $1,300 $1,300 $1,300 58.3 Replace funds to reflect a change in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($10,074) $10,074 $0 ($10,074) $10,074 $0 ($10,074) $10,074 $0 58.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 106) 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 $3,281,651 $3,271,577 $3,271,577 $3,271,577 State General Funds $3,281,651 $3,271,577 $3,271,577 $3,271,577 TOTAL FEDERAL FUNDS $6,154,800 $6,164,874 $6,164,874 $6,164,874 Medical Assistance Program CFDA93.778 $226,000 $236,074 $236,074 $236,074 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $5,928,800 $5,928,800 $5,928,800 $5,928,800 TOTAL PUBLIC FUNDS $9,436,451 $9,436,451 $9,436,451 $9,436,451 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 $8,345,916 $8,345,916 $8,345,916 $8,345,916 THURSDAY, MARCH 28, 2013 3185 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $8,345,916 $3,148,692 $3,148,692 $11,494,608 $8,345,916 $3,148,692 $3,148,692 $11,494,608 $8,345,916 $3,148,692 $3,148,692 $11,494,608 $8,345,916 $3,148,692 $3,148,692 $11,494,608 59.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $12,024 $12,024 $12,024 $12,024 59.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,224 $4,224 $4,224 $4,224 59.3 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 $250,000 $250,000 $500,000 59.4 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($140,359) ($140,359) $0 $140,359 $140,359 $0 $0 $0 $0 59.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 106) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. TOTAL STATE FUNDS $8,362,164 $8,471,805 $8,471,805 $8,612,164 State General Funds $8,362,164 $8,471,805 $8,471,805 $8,612,164 TOTAL FEDERAL FUNDS $3,148,692 $3,539,051 $3,539,051 $3,398,692 Medical Assistance Program CFDA93.778 $3,148,692 $3,539,051 $3,539,051 $3,398,692 TOTAL PUBLIC FUNDS $11,510,856 $12,010,856 $12,010,856 $12,010,856 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. 3186 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 $3,301,930 60.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $40,774 $40,774 $40,774 $40,774 60.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,398 $3,398 $3,398 $3,398 60.3 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center. State General Funds $1,800,000 $1,800,000 $1,800,000 $1,800,000 60.100 -Child and Adolescent Forensic Services Appropriation (HB 106) 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 $5,146,102 $5,146,102 $5,146,102 $5,146,102 State General Funds $5,146,102 $5,146,102 $5,146,102 $5,146,102 TOTAL PUBLIC FUNDS $5,146,102 $5,146,102 $5,146,102 $5,146,102 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 $75,502,819 $75,502,819 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $75,502,819 $75,502,819 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $75,502,819 $75,502,819 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $75,502,819 $75,502,819 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 THURSDAY, MARCH 28, 2013 3187 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,373,914 61.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $130,880 $130,880 $130,880 $130,880 61.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $8,078 $8,078 $8,078 $8,078 61.3 Increase funds for Medicaid growth. State General Funds $1,250,000 $1,250,000 $1,250,000 $1,250,000 61.4 Transfer funds from the Child and Adolescent Mental Health Services program to the Child and Adolescent Forensic Services program for the Turner Center. State General Funds ($1,800,000) ($1,800,000) ($1,800,000) ($1,800,000) 61.5 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($123,201) $123,201 $0 ($123,201) $123,201 $0 ($123,201) $123,201 $0 61.100 -Child and Adolescent Mental Health Services Appropriation (HB 106) 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 $75,091,777 $74,968,576 $74,968,576 $74,968,576 State General Funds $75,091,777 $74,968,576 $74,968,576 $74,968,576 TOTAL FEDERAL FUNDS $10,201,314 $10,324,515 $10,324,515 $10,324,515 Community Mental Health Services Block Grant CFDA93.958 $7,437,531 $7,437,531 $7,437,531 $7,437,531 3188 JOURNAL OF THE SENATE 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 Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $87,962,872 $2,886,984 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $87,962,872 $2,886,984 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $87,962,872 $2,886,984 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $87,962,872 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $36,672,440 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 $36,672,440 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 $36,672,440 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 $36,672,440 $36,672,440 $11,715,584 $4,378,613 $7,336,971 $22,133 $22,133 $22,133 $48,410,157 62.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $367,577 $367,577 $367,577 $367,577 62.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $88,524 $88,524 $88,524 $88,524 62.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $65,234 $65,234 $65,234 $65,234 THURSDAY, MARCH 28, 2013 3189 62.4 Reduce funds to reflect savings from administrative efficiencies. State General Funds ($250,000) ($250,000) ($250,000) ($400,000) 62.5 Replace funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. (S:Reduce funds) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($195,185) ($195,185) $0 $195,185 $0 $0 $0 ($195,185) $0 62.6 By January 1, 2014, the Department shall provide a report to the Georgia General Assembly with an actionable plan to equalize grant-in-aid funding for core behavioral health services statewide. (H:YES)(S:YES) State General Funds $0 $0 $0 62.7 Reduce funds for the Kronos contract and direct the Department to work with the State Accounting Office to implement the already purchased PeopleSoft time management system effective January 1, 2014. (S:YES) State General Funds ($1,250,000) $0 62.8 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($93,297) ($46,649) 62.100 -Departmental Administration-Behavioral Health Appropriation (HB 106) 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 $36,943,775 $36,748,590 $35,405,293 $36,747,126 State General Funds $36,943,775 $36,748,590 $35,405,293 $36,747,126 TOTAL FEDERAL FUNDS $11,715,584 $11,910,769 $11,715,584 $11,715,584 Medical Assistance Program CFDA93.778 $4,378,613 $4,573,798 $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 $22,133 $22,133 $22,133 $22,133 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 $48,681,492 $48,681,492 $47,143,010 $48,484,843 3190 JOURNAL OF THE SENATE Direct Care and Support Services The purpose of this appropriation is to operate six 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $154,991,193 $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $154,991,193 $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $154,991,193 $137,351,122 $137,351,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $154,991,193 63.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,084,771 $2,084,771 $2,084,771 $2,084,771 63.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $438,158 $438,158 $438,158 $438,158 63.3 Reduce funds for personnel. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000) 63.4 Reduce funds for contracts. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 63.5 Reduce funds from the discontinuation of cook-chill and other ancillary services at Central State Hospital. State General Funds ($2,500,000) ($2,500,000) ($2,500,000) ($2,500,000) THURSDAY, MARCH 28, 2013 3191 63.6 Transfer funds from the Direct Care and Support Services program to the Adult Developmental Disabilities Services ($2,297,999), Adult Forensic Services ($4,853,320), Adult Mental Health Services ($2,072,629), and Adult Nursing Home Services ($3,263,083) programs to align the budget with program expenditures. State General Funds ($12,487,031) ($12,487,031) ($12,487,031) ($12,487,031) 63.7 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program ($2,687,881) and the Adult Mental Health Services program ($2,143,824) for CRIPA treatment mall activities. State General Funds ($4,831,705) ($4,831,705) ($4,831,705) ($4,831,705) 63.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($260,538) 63.100 -Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. TOTAL STATE FUNDS $116,555,315 $116,555,315 State General Funds $116,555,315 $116,555,315 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 State Fund Transfers Not Itemized $2,357,130 $2,357,130 Agency to Agency Contracts $62,580 $62,580 TOTAL PUBLIC FUNDS $134,195,386 $134,195,386 Appropriation (HB 106) $116,555,315 $116,555,315 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $134,195,386 $116,294,777 $116,294,777 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $2,357,130 $62,580 $133,934,848 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 $233,007 $233,007 $233,007 $233,007 $233,007 $233,007 $233,007 $233,007 3192 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $10,238,719 $10,238,719 $10,471,726 $10,238,719 $10,238,719 $10,471,726 $10,238,719 $10,238,719 $10,471,726 64.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $463 $463 $463 64.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $82 $82 $82 $10,238,719 $10,238,719 $10,471,726 $463 $82 64.100 -Substance Abuse Prevention Appropriation (HB 106) 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 $233,552 $233,552 $233,552 $233,552 State General Funds $233,552 $233,552 $233,552 $233,552 TOTAL FEDERAL FUNDS $10,238,719 $10,238,719 $10,238,719 $10,238,719 Prevention & Treatment of Substance Abuse Grant CFDA93.959$10,238,719 $10,238,719 $10,238,719 $10,238,719 TOTAL PUBLIC FUNDS $10,472,271 $10,472,271 $10,472,271 $10,472,271 Developmental Disabilities, Georgia 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 $44,635 $44,635 $2,677,624 $2,677,624 $2,722,259 $44,635 $44,635 $2,677,624 $2,677,624 $2,722,259 $44,635 $44,635 $2,677,624 $2,677,624 $2,722,259 $44,635 $44,635 $2,677,624 $2,677,624 $2,722,259 65.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $857 $857 $857 $857 65.2 Reduce funds for operations. State General Funds ($1,339) ($1,339) ($1,339) ($1,339) THURSDAY, MARCH 28, 2013 3193 65.3 Increase funds for post-secondary options for students with intellectual disabilities by funding a new program in south Georgia ($50,000) and expanding the existing pilot program at Kennesaw State University ($50,000). State General Funds $100,000 $100,000 65.100 -Developmental Disabilities, Georgia Council on Appropriation (HB 106) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $44,153 $44,153 $144,153 $144,153 State General Funds $44,153 $44,153 $144,153 $144,153 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 $2,721,777 $2,721,777 $2,821,777 $2,821,777 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 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 $656,279 66.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $7,370 $7,370 $7,370 $7,370 66.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,446 $1,446 $1,446 $1,446 66.3 Reduce funds for operations. State General Funds ($19,688) ($19,688) ($19,688) ($19,688) 66.100 -Sexual Offender Review Board Appropriation (HB 106) The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. 3194 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized 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 $645,407 $645,407 $645,407 $645,407 $645,407 $645,407 $645,407 $645,407 $645,407 $645,407 $645,407 $645,407 Section Total - Continuation $138,921,611 $138,921,611 $138,921,611 $138,921,611 $138,921,611 $138,921,611 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $13,100,483 $13,100,483 $13,100,483 $344,319 $344,319 $344,319 $344,319 $344,319 $344,319 $11,163,006 $11,163,006 $11,163,006 $11,163,006 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $1,593,158 $1,593,158 $1,593,158 $1,593,158 $80,386 $80,386 $80,386 $44,070 $44,070 $44,070 $44,070 $44,070 $44,070 $36,316 $36,316 $36,316 $36,316 $36,316 $36,316 $324,994,944 $324,994,944 $324,994,944 $138,921,611 $138,921,611 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $324,994,944 Section Total - Final $58,819,507 $58,841,507 $58,819,507 $58,841,507 $172,892,464 $172,892,464 $172,892,464 $172,892,464 $13,100,483 $13,100,483 $344,319 $344,319 $344,319 $344,319 $11,163,006 $11,163,006 $49,110,419 $49,110,419 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 $64,110,524 $64,110,524 $172,892,464 $172,892,464 $13,100,483 $344,319 $344,319 $11,163,006 THURSDAY, MARCH 28, 2013 3195 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $244,892,840 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $244,914,840 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $235,183,752 $11,163,006 $1,593,158 $1,593,158 $80,386 $44,070 $44,070 $36,316 $36,316 $250,183,857 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $229,373 $229,373 $75,116 $75,116 $257,804 $257,804 $257,804 $562,293 $229,373 $229,373 $75,116 $75,116 $257,804 $257,804 $257,804 $562,293 $229,373 $229,373 $75,116 $75,116 $257,804 $257,804 $257,804 $562,293 $229,373 $229,373 $75,116 $75,116 $257,804 $257,804 $257,804 $562,293 67.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $4,512 $4,512 $4,512 $4,512 67.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,233) ($3,233) ($3,233) ($3,233) 67.100 -Building Construction Appropriation (HB 106) The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in 3196 JOURNAL OF THE SENATE 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 $230,652 $230,652 $230,652 $230,652 State General Funds $230,652 $230,652 $230,652 $230,652 TOTAL FEDERAL FUNDS $75,116 $75,116 $75,116 $75,116 Federal Funds Not Itemized $75,116 $75,116 $75,116 $75,116 TOTAL AGENCY FUNDS $257,804 $257,804 $257,804 $257,804 Sales and Services $257,804 $257,804 $257,804 $257,804 Sales and Services Not Itemized $257,804 $257,804 $257,804 $257,804 TOTAL PUBLIC FUNDS $563,572 $563,572 $563,572 $563,572 Coordinated Planning Continuation Budget The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 $4,023,494 $4,023,494 $126,906 $126,906 $126,906 $4,150,400 68.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $18,051 $18,051 $18,051 $18,051 68.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($12,932) ($12,932) ($12,932) ($12,932) 68.3 Reduce funds for Regional Commissions. State General Funds ($73,057) ($76,057) ($73,057) ($76,057) THURSDAY, MARCH 28, 2013 3197 68.4 Reduce funds for personnel for four filled positions. State General Funds ($260,686) ($260,686) ($260,686) 68.5 Reduce funds for the Keep Georgia Beautiful Foundation contract and replace with other funds. State General Funds ($61,114) ($61,114) ($61,114) ($260,686) ($61,114) 68.100 -Coordinated Planning Appropriation (HB 106) The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. TOTAL STATE FUNDS $3,633,756 $3,630,756 $3,633,756 $3,630,756 State General Funds $3,633,756 $3,630,756 $3,633,756 $3,630,756 TOTAL AGENCY FUNDS $126,906 $126,906 $126,906 $126,906 Sales and Services $126,906 $126,906 $126,906 $126,906 Sales and Services Not Itemized $126,906 $126,906 $126,906 $126,906 TOTAL PUBLIC FUNDS $3,760,662 $3,757,662 $3,760,662 $3,757,662 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized $1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 $1,094,847 $1,094,847 $3,216,000 $3,216,000 $2,214,775 $44,319 $44,319 $1,900,237 $1,900,237 $270,219 $270,219 3198 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $9,906 $9,906 $9,906 $6,535,528 $9,906 $9,906 $9,906 $6,535,528 $9,906 $9,906 $9,906 $6,535,528 69.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $19,179 $19,179 $19,179 69.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($13,740) ($13,740) ($13,740) 69.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $3,695 $3,695 $3,695 69.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($7,583) 69.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $9,906 $9,906 $9,906 $6,535,528 $19,179 ($13,740) $3,695 ($3,792) ($277) 69.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,103,981 $1,103,981 $1,096,398 $1,099,912 State General Funds $1,103,981 $1,103,981 $1,096,398 $1,099,912 TOTAL FEDERAL FUNDS $3,216,000 $3,216,000 $3,216,000 $3,216,000 Federal Funds Not Itemized $3,216,000 $3,216,000 $3,216,000 $3,216,000 TOTAL AGENCY FUNDS $2,214,775 $2,214,775 $2,214,775 $2,214,775 Reserved Fund Balances $44,319 $44,319 $44,319 $44,319 Reserved Fund Balances Not Itemized $44,319 $44,319 $44,319 $44,319 Intergovernmental Transfers $1,900,237 $1,900,237 $1,900,237 $1,900,237 Intergovernmental Transfers Not Itemized $1,900,237 $1,900,237 $1,900,237 $1,900,237 Sales and Services $270,219 $270,219 $270,219 $270,219 THURSDAY, MARCH 28, 2013 3199 Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $270,219 $9,906 $9,906 $9,906 $6,544,662 $270,219 $9,906 $9,906 $9,906 $6,544,662 $270,219 $9,906 $9,906 $9,906 $6,537,079 $270,219 $9,906 $9,906 $9,906 $6,540,593 Federal Community and Economic Development Programs Continuation Budget The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,525,558 $1,525,558 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801 $1,525,558 $1,525,558 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801 $1,525,558 $1,525,558 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801 $1,525,558 $1,525,558 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,103,801 70.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,947 $25,947 $25,947 $25,947 70.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($18,590) ($18,590) ($18,590) ($18,590) 70.100 -Federal Community and Economic Development Programs Appropriation (HB 106) 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. 3200 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 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,532,915 $1,532,915 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,111,158 $1,532,915 $1,532,915 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,111,158 $1,532,915 $1,532,915 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,111,158 $1,532,915 $1,532,915 $52,272,828 $52,272,828 $295,415 $275,415 $275,415 $20,000 $20,000 $10,000 $10,000 $10,000 $54,111,158 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 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $0 $0 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 71.100 -Homeownership Programs Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3201 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 $474,298 $474,298 $4,773,354 $4,773,354 $4,773,354 $5,247,652 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,101,054 $1,101,054 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 $1,101,054 $1,101,054 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 $1,101,054 $1,101,054 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 $1,101,054 $1,101,054 $108,000 $108,000 $188,650 $175,000 $175,000 $13,650 $13,650 $1,397,704 72.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $20,307 $20,307 $20,307 $20,307 72.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($14,548) ($14,548) ($14,548) ($14,548) 72.3 Reduce funds for personnel for one filled regional director position. State General Funds ($77,841) ($77,841) ($77,841) ($77,841) 3202 JOURNAL OF THE SENATE 72.4 Transfer funds from the Regional Services program to State Economic Development Programs for one position. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 72.100 -Regional Services Appropriation (HB 106) 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 $998,972 $998,972 $998,972 $998,972 State General Funds $998,972 $998,972 $998,972 $998,972 TOTAL FEDERAL FUNDS $108,000 $108,000 $108,000 $108,000 Federal Funds Not Itemized $108,000 $108,000 $108,000 $108,000 TOTAL AGENCY FUNDS $188,650 $188,650 $188,650 $188,650 Intergovernmental Transfers $175,000 $175,000 $175,000 $175,000 Intergovernmental Transfers Not Itemized $175,000 $175,000 $175,000 $175,000 Sales and Services $13,650 $13,650 $13,650 $13,650 Sales and Services Not Itemized $13,650 $13,650 $13,650 $13,650 TOTAL PUBLIC FUNDS $1,295,622 $1,295,622 $1,295,622 $1,295,622 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 $0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $0 $0 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 THURSDAY, MARCH 28, 2013 3203 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $834,992 $834,992 $834,992 $834,992 $118,940,343 $118,940,343 $118,940,343 $118,940,343 73.100 -Rental Housing Programs Appropriation (HB 106) 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 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 $114,948,262 $114,948,262 $3,992,081 $3,157,089 $3,157,089 $834,992 $834,992 $118,940,343 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 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 74.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $6,769 $6,769 $6,769 $6,769 74.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,850) ($4,850) ($4,850) ($4,850) 74.100 -Research and Surveys Appropriation (HB 106) 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. 3204 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $375,887 $375,887 $375,887 $375,887 $375,887 $375,887 $375,887 $375,887 $375,887 $375,887 $375,887 $375,887 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 State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $2,962,892 $2,962,892 $1,702,960 $1,702,960 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 75.100 -Special Housing Initiatives Appropriation (HB 106) 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 $1,702,960 $1,702,960 $1,702,960 $1,702,960 Federal Funds Not Itemized $1,702,960 $1,702,960 $1,702,960 $1,702,960 THURSDAY, MARCH 28, 2013 3205 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 $776,725 $300,000 $300,000 $476,725 $476,725 $60,480 $44,070 $44,070 $16,410 $16,410 $5,503,057 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 TOTAL PUBLIC FUNDS $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 $867,579 $867,579 $55,284 $55,284 $55,284 $922,863 76.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $15,795 $15,795 $15,795 $15,795 76.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,315) ($11,315) ($11,315) ($11,315) 76.3 Eliminate funds for one office director position. State General Funds ($100,836) ($100,836) ($100,836) ($100,836) 76.4 Transfer funds from State Community Development Programs to the State Economic Development Program for one position. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 3206 JOURNAL OF THE SENATE 76.100 -State Community Development Programs Appropriation (HB 106) 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 $731,223 $731,223 $731,223 $731,223 State General Funds $731,223 $731,223 $731,223 $731,223 TOTAL AGENCY FUNDS $55,284 $55,284 $55,284 $55,284 Intergovernmental Transfers $55,284 $55,284 $55,284 $55,284 Intergovernmental Transfers Not Itemized $55,284 $55,284 $55,284 $55,284 TOTAL PUBLIC FUNDS $786,507 $786,507 $786,507 $786,507 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $78,596,831 $78,596,831 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 $78,596,831 $78,596,831 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 $78,596,831 $78,596,831 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 $78,596,831 $78,596,831 $95,000 $95,000 $240,587 $171,000 $171,000 $69,587 $69,587 $78,932,418 77.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,256 $2,256 $2,256 $2,256 77.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,617) ($1,617) ($1,617) ($1,617) 77.3 Transfer funds from State Community Development Programs and the Regional Services program to the State Economic Development Program for one position to assist with processing Regional Economic Business Assistance (REBA) grants. THURSDAY, MARCH 28, 2013 3207 State General Funds $70,000 $70,000 $70,000 $70,000 77.4 Reduce funds for one-time funding for Regional Economic Business Assistance (REBA) grants. State General Funds ($67,059,063) ($67,059,063) ($67,059,063) ($67,059,063) 77.5 Increase funds for Regional Economic Business Assistance (REBA) grants. State General Funds $9,475,000 $9,475,000 $9,475,000 $9,475,000 77.100 -State Economic Development Program Appropriation (HB 106) 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 $21,083,407 $21,083,407 $21,083,407 $21,083,407 State General Funds $21,083,407 $21,083,407 $21,083,407 $21,083,407 TOTAL FEDERAL FUNDS $95,000 $95,000 $95,000 $95,000 Federal Funds Not Itemized $95,000 $95,000 $95,000 $95,000 TOTAL AGENCY FUNDS $240,587 $240,587 $240,587 $240,587 Intergovernmental Transfers $171,000 $171,000 $171,000 $171,000 Intergovernmental Transfers Not Itemized $171,000 $171,000 $171,000 $171,000 Sales and Services $69,587 $69,587 $69,587 $69,587 Sales and Services Not Itemized $69,587 $69,587 $69,587 $69,587 TOTAL PUBLIC FUNDS $21,418,994 $21,418,994 $21,418,994 $21,418,994 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 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 $298,495 78.1 Eliminate funds for the Georgia Rural Water Association. (H:Reduce funds for the Georgia Rural Water Association) State General Funds ($298,495) ($273,495) $0 $0 3208 JOURNAL OF THE SENATE 78.100 -Payments to Georgia Environmental Finance Authority Appropriation (HB 106) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $0 $25,000 $298,495 $298,495 State General Funds $0 $25,000 $298,495 $298,495 TOTAL PUBLIC FUNDS $0 $25,000 $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 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 $3,041,478 79.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $75,742 $75,742 $75,742 $75,742 79.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $34,054 $34,054 $34,054 $34,054 79.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $163 $163 $163 $163 79.4 Reduce funds for personnel for one filled position. State General Funds ($91,245) ($91,245) ($91,245) ($91,245) 79.5 Increase funds for Xpress operations to offset the loss of local and federal Congestion Mitigation and Air Quality Improvement program funds. State General Funds $8,105,630 $8,105,630 $8,105,630 $8,105,630 79.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($409) THURSDAY, MARCH 28, 2013 3209 79.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 106) 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 $11,165,822 $11,165,822 $11,165,822 $11,165,413 State General Funds $11,165,822 $11,165,822 $11,165,822 $11,165,413 TOTAL PUBLIC FUNDS $11,165,822 $11,165,822 $11,165,822 $11,165,413 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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 $44,806,042 $44,806,042 $178,902 $178,902 $178,902 $44,984,944 80.1 Reduce funds for one-time funding for rural economic development. State General Funds ($44,806,042) ($44,806,042) ($44,806,042) ($44,806,042) 80.2 Increase funds for rural economic development. (H:Utilize $5,000,000 per SB91 (2013 session) to implement the New and Beginning Farmer Loan Program in the Georgia Development Authority)(S:Increase funds for rural economic development)(CC:Increase funds) State General Funds $15,000,000 $15,000,000 $5,000,000 $20,000,000 80.100 -Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $15,000,000 State General Funds $15,000,000 TOTAL AGENCY FUNDS $178,902 Intergovernmental Transfers $178,902 Intergovernmental Transfers Not Itemized $178,902 TOTAL PUBLIC FUNDS $15,178,902 $15,000,000 $15,000,000 $178,902 $178,902 $178,902 $15,178,902 Appropriation (HB 106) $5,000,000 $5,000,000 $178,902 $178,902 $178,902 $5,178,902 $20,000,000 $20,000,000 $178,902 $178,902 $178,902 $20,178,902 3210 JOURNAL OF THE SENATE 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 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Section Total - Continuation $2,711,373,577 $2,711,373,577 $2,711,373,577 $2,711,373,577 $2,208,433,332 $2,208,433,332 $2,208,433,332 $2,208,433,332 $110,193,257 $110,193,257 $110,193,257 $110,193,257 $157,444,961 $157,444,961 $157,444,961 $157,444,961 $235,302,027 $235,302,027 $235,302,027 $235,302,027 $5,725,589,221 $5,725,589,221 $5,725,589,221 $5,725,589,221 $31,363,844 $31,363,844 $31,363,844 $31,363,844 $5,420,841,952 $5,420,841,952 $5,420,841,952 $5,420,841,952 $273,383,425 $273,383,425 $273,383,425 $273,383,425 $245,651,179 $245,651,179 $245,651,179 $245,651,179 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $242,519 $242,519 $242,519 $242,519 $242,519 $242,519 $242,519 $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 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,289,694,412 $3,008,837,150 $3,008,837,150 $3,008,837,150 $3,008,837,150 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $11,972,308,389 $11,972,308,389 $11,972,308,389 $11,972,308,389 Section Total - Final $2,879,616,055 $2,885,824,623 $2,359,991,956 $2,366,200,524 $110,193,257 $110,193,257 $167,756,401 $167,756,401 $2,871,956,963 $2,352,332,864 $110,193,257 $167,756,401 $2,920,304,223 $2,344,680,124 $166,193,257 $167,756,401 THURSDAY, MARCH 28, 2013 3211 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 $241,674,441 $241,674,441 $241,674,441 $241,674,441 $6,096,480,000 $6,114,115,633 $6,104,201,119 $6,185,540,503 $31,281,344 $31,281,344 $31,281,344 $31,281,344 $5,815,566,907 $5,832,032,171 $5,793,852,000 $5,870,908,522 $249,631,749 $250,802,118 $279,067,775 $283,350,637 $245,981,179 $245,981,179 $245,981,179 $245,981,179 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $17,475,617 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $572,519 $572,519 $572,519 $572,519 $572,519 $572,519 $572,519 $572,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $11,475,215 $3,534,394,664 $3,617,946,085 $3,534,394,664 $3,534,394,664 $3,534,394,664 $3,617,946,085 $3,534,394,664 $3,534,394,664 $3,253,537,402 $3,337,088,823 $3,253,537,402 $3,253,537,402 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $12,756,471,898 $12,863,867,520 $12,756,533,925 $12,886,220,569 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 $67,136,937 $67,136,937 $257,478,252 $1,922,629 $232,518,668 $23,036,955 $2,854,039 $242,519 $67,136,937 $67,136,937 $257,478,252 $1,922,629 $232,518,668 $23,036,955 $2,854,039 $242,519 $67,136,937 $67,136,937 $257,478,252 $1,922,629 $232,518,668 $23,036,955 $2,854,039 $242,519 $67,136,937 $67,136,937 $257,478,252 $1,922,629 $232,518,668 $23,036,955 $2,854,039 $242,519 3212 JOURNAL OF THE SENATE 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 $242,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 $242,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 $242,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 $242,519 $2,611,520 $2,611,520 $21,102,191 $21,102,191 $21,102,191 $348,571,419 81.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $452,256 $452,256 $452,256 $452,256 81.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($282,792) ($282,792) ($282,792) ($282,792) 81.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $4,004 $4,004 $4,004 $4,004 81.4 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,358,951) ($1,358,951) ($2,717,902) ($1,358,951) ($1,358,951) ($2,717,902) ($1,358,951) ($1,358,951) ($2,717,902) ($1,358,951) ($1,358,951) ($2,717,902) 81.5 Reduce funds for operations. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($243,398) ($243,398) ($486,796) ($243,398) ($243,398) ($486,796) ($243,398) ($243,398) ($486,796) ($243,398) ($243,398) ($486,796) 81.6 Replace funds to reflect the Children's Health Insurance Program (CHIPRA) performance bonus. State General Funds Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: ($330,000) $330,000 $0 ($330,000) $330,000 $0 ($330,000) $330,000 $0 ($330,000) $330,000 $0 THURSDAY, MARCH 28, 2013 3213 81.7 Eliminate funds for the consulting contract to assess the managed care program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($170,687) $0 $0 ($170,687) $0 $0 ($341,374) $0 $0 81.8 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. (H:YES)(S:YES) State General Funds $0 $0 $0 81.9 Fees assessed for the Hospital Provider Payment Program shall not exceed 1.45% of net patient revenue. In addition, any other fees assessed pursuant to the Hospital Medicaid Financing Program Act shall not exceed that percentage of net patient revenues necessary to obtain federal financing participation for additional medical assistance payments to participating hospitals allowable under 42 C.F.R. Section 447.272 and 42 C.F.R. Section 447.321. In addition, nothing contained in this Act shall be construed to effectuate the provisions of O.C.G.A. 31-8-179.2(a)(2). (CC:YES) State General Funds $0 81.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($560) 81.100 -Departmental Administration and Program Support Appropriation (HB 106) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $65,378,056 $65,207,369 $65,378,056 $65,377,496 State General Funds $65,378,056 $65,207,369 $65,378,056 $65,377,496 TOTAL FEDERAL FUNDS $255,875,903 $255,705,216 $255,875,903 $255,875,903 Federal Funds Not Itemized $1,922,629 $1,922,629 $1,922,629 $1,922,629 Medical Assistance Program CFDA93.778 $230,916,319 $230,745,632 $230,916,319 $230,916,319 State Children's Insurance Program CFDA93.767 $23,036,955 $23,036,955 $23,036,955 $23,036,955 TOTAL AGENCY FUNDS $3,184,039 $3,184,039 $3,184,039 $3,184,039 Rebates, Refunds, and Reimbursements $572,519 $572,519 $572,519 $572,519 Rebates, Refunds, and Reimbursements Not Itemized $572,519 $572,519 $572,519 $572,519 Sanctions, Fines, and Penalties $2,611,520 $2,611,520 $2,611,520 $2,611,520 Sanctions, Fines, and Penalties Not Itemized $2,611,520 $2,611,520 $2,611,520 $2,611,520 3214 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $21,102,191 $21,102,191 $21,102,191 $345,540,189 $21,102,191 $21,102,191 $21,102,191 $345,198,815 $21,102,191 $21,102,191 $21,102,191 $345,540,189 $21,102,191 $21,102,191 $21,102,191 $345,539,629 Health Care Access and Improvement Continuation Budget The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,317,234 $7,317,234 $21,548,346 $21,132,096 $416,250 $28,865,580 $7,317,234 $7,317,234 $21,548,346 $21,132,096 $416,250 $28,865,580 $7,317,234 $7,317,234 $21,548,346 $21,132,096 $416,250 $28,865,580 $7,317,234 $7,317,234 $21,548,346 $21,132,096 $416,250 $28,865,580 82.1 Reduce funds for operations for the State Office of Rural Health. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 82.2 Reduce funds added in HB742 (2012 Session) for the Southeastern Firefighters Burn Foundation. State General Funds ($50,000) ($25,000) ($25,000) ($25,000) 82.3 Reduce funds for one-time funding for Federally Qualified Health Center (FQHC) startup grants. State General Funds ($750,000) ($750,000) ($750,000) ($750,000) 82.4 Increase funds to provide start-up funds through the Georgia Association for Primary Health Care for two Federally Qualified Health Centers in Dawson and Chatham counties. State General Funds $500,000 $500,000 $500,000 82.100 -Health Care Access and Improvement Appropriation (HB 106) The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and THURSDAY, MARCH 28, 2013 3215 outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS $6,217,234 $6,742,234 $6,742,234 $6,742,234 State General Funds $6,217,234 $6,742,234 $6,742,234 $6,742,234 TOTAL FEDERAL FUNDS $21,548,346 $21,548,346 $21,548,346 $21,548,346 Federal Funds Not Itemized $21,132,096 $21,132,096 $21,132,096 $21,132,096 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 $416,250 TOTAL PUBLIC FUNDS $27,765,580 $28,290,580 $28,290,580 $28,290,580 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,124,146 $7,124,146 $8,461,900 $5,521,905 $2,939,995 $100,000 $100,000 $100,000 $15,686,046 $7,124,146 $7,124,146 $8,461,900 $5,521,905 $2,939,995 $100,000 $100,000 $100,000 $15,686,046 $7,124,146 $7,124,146 $8,461,900 $5,521,905 $2,939,995 $100,000 $100,000 $100,000 $15,686,046 $7,124,146 $7,124,146 $8,461,900 $5,521,905 $2,939,995 $100,000 $100,000 $100,000 $15,686,046 83.1 Reduce funds for personnel and eliminate two vacant positions. State General Funds Medical Assistance Program CFDA93.778 Federal Funds Not Itemized Total Public Funds: ($165,000) ($82,500) ($82,500) ($330,000) ($165,000) ($82,500) ($82,500) ($330,000) ($165,000) ($82,500) ($82,500) ($330,000) ($165,000) ($82,500) ($82,500) ($330,000) 83.100 -Healthcare Facility Regulation The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $6,959,146 $6,959,146 State General Funds $6,959,146 $6,959,146 TOTAL FEDERAL FUNDS $8,296,900 $8,296,900 Appropriation (HB 106) $6,959,146 $6,959,146 $8,296,900 $6,959,146 $6,959,146 $8,296,900 3216 JOURNAL OF THE SENATE Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,439,405 $2,857,495 $100,000 $100,000 $100,000 $15,356,046 $5,439,405 $2,857,495 $100,000 $100,000 $100,000 $15,356,046 $5,439,405 $2,857,495 $100,000 $100,000 $100,000 $15,356,046 $5,439,405 $2,857,495 $100,000 $100,000 $100,000 $15,356,046 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 $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 84.100 -Indigent Care Trust Fund Appropriation (HB 106) 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 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 THURSDAY, MARCH 28, 2013 3217 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 $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 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $2,787,214 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $2,787,214 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $2,787,214 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 $1,395,947,556 $1,213,014,554 $157,444,961 $25,488,041 $2,760,665,590 $2,787,214 $2,757,878,376 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,492,744,766 85.1 Increase funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $129,148,434 $248,893,085 $378,041,519 $108,983,707 $210,055,248 $319,038,955 $108,983,707 $210,055,248 $319,038,955 $108,983,707 $210,055,248 $319,038,955 3218 JOURNAL OF THE SENATE 85.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 65.71% to 65.84%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($6,220,152) $6,220,152 $0 ($6,220,152) $6,220,152 $0 ($6,220,152) $6,220,152 $0 ($6,220,152) $6,220,152 $0 85.3 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,715,298) ($3,305,699) ($5,020,997) ($1,715,298) ($3,305,699) ($5,020,997) ($1,715,298) ($3,305,699) ($5,020,997) ($1,715,298) ($3,305,699) ($5,020,997) 85.4 Reduce funds to reflect savings through patient-centered outcome incentives for Case Care and Disease Management. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,630,279) ($5,069,038) ($7,699,317) ($4,130,279) ($7,960,701) ($12,090,980) ($4,100,000) ($7,902,342) ($12,002,342) ($2,630,279) ($5,069,038) ($7,699,317) 85.5 Reduce funds to reflect savings through better enforcement of level-of-care qualification analysis for placement into long-term care and home and community-based services. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($7,225,223) ($13,924,350) ($21,149,573) ($7,225,223) ($13,924,350) ($21,149,573) ($7,225,223) ($13,924,350) ($21,149,573) ($7,225,223) ($13,924,350) ($21,149,573) 85.6 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($22,398) ($43,165) ($65,563) ($22,398) ($43,165) ($65,563) ($22,398) ($43,165) ($65,563) ($22,398) ($43,165) ($65,563) 85.7 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($19,715,341) $0 $0 $0 ($37,995,135) $0 $0 $0 ($57,710,476) $0 $0 $0 THURSDAY, MARCH 28, 2013 3219 85.8 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($393,857) ($759,035) ($1,152,892) ($393,857) ($759,035) ($1,152,892) ($393,857) ($759,035) ($1,152,892) ($393,857) ($759,035) ($1,152,892) 85.9 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate)(CC:Reflect the utilization of Evaluation and Management (E&M) codes at an increased rate) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,664,208) ($1,332,104) ($2,664,208) $0 ($5,134,425) ($2,567,498) ($5,134,425) $0 ($7,798,633) ($3,899,602) ($7,798,633) $0 85.10 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice)(CC:NO) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($7,722,563) $0 ($3,861,282) $0 ($14,882,817) $0 ($7,442,237) $0 ($22,605,380) $0 ($11,303,519) $0 85.11 Replace funds reduced in HB742 (2012 Session) for anticipated savings from increased efforts to identify inappropriate and medically unnecessary service utilization to reflect revised projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $3,938,398 $7,590,026 $11,528,424 $3,938,398 $7,590,026 $11,528,424 $3,938,398 $7,590,026 $11,528,424 $3,938,398 $7,590,026 $11,528,424 85.12 Increase funds to reflect projected FY2014 nursing home provider fee revenue. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $19,872,065 $10,311,440 $30,183,505 $19,872,065 $10,311,440 $30,183,505 $19,872,065 $10,311,440 $30,183,505 $19,872,065 $10,311,440 $30,183,505 85.13 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization. Medical Assistance Program CFDA93.778 $1,330,258 $1,330,258 $1,330,258 $1,330,258 3220 JOURNAL OF THE SENATE Hospital Provider Fee Total Public Funds: $690,260 $2,020,518 $690,260 $2,020,518 $690,260 $2,020,518 $690,260 $2,020,518 85.14 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012. (CC:Reduce funds to reflect collection of Hospital Cost Settlements from FY2011 and FY2012) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,584,362) ($4,981,101) ($7,565,463) ($2,584,362) ($4,981,101) ($7,565,463) ($6,030,178) ($11,622,568) ($17,652,746) 85.15 Reduce funds to reflect an unimplemented pharmacy reimbursement policy. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,200,000) ($2,312,881) ($3,512,881) ($1,200,000) ($2,312,881) ($3,512,881) ($1,200,000) ($2,312,881) ($3,512,881) 85.16 Increase funds for 28 additional Independent Care Waiver Program (ICWP) slots. (S:Increase funds for 14 additional Independent Care Waiver Program (ICWP) slots)(CC:Increase funds for 20 additional Independent Care Waiver Program (ICWP) slots) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $462,525 $891,471 $1,353,996 $231,262 $445,734 $676,996 $330,374 $636,763 $967,137 85.17 Increase funds to implement a wastage policy to reimburse for single-dose vials administered in the physician office. (CC:Implement January 1, 2014) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,932,317 $3,724,350 $5,656,667 $0 $966,159 $0 $1,862,175 $0 $2,828,334 85.18 Increase funds to provide funding to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $146,074 $281,543 $427,617 $146,074 $281,543 $427,617 $146,074 $281,543 $427,617 THURSDAY, MARCH 28, 2013 3221 85.19 Report to the House and Senate Appropriations Committees on or by December 31, 2013, after reviewing the potential budget effect and administrative burden to families of the current Qualified Income Trust (QIT) policy compared to an Adult Medically Needy spend-down for nursing home clients. (H:YES)(S:YES) State General Funds $0 $0 $0 85.20 Increase funds to create a SOURCE Quality Incentive Program based on client satisfaction measures. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $300,000 $0 $578,220 $0 $878,220 $0 $300,000 $578,220 $878,220 85.21 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low-Income Medicaid and Medicaid: Aged, Blind, and Disabled programs. (H:YES)(S:YES) State General Funds $0 $0 $0 85.22 Provide Consumer Choice in Georgia's Elderly and Disabled waiver by assuring eligible Medicaid beneficiaries can choose from the SOURCE care management companies and the Community Care Services Program that are available in each county. (H:YES)(S:YES) State General Funds $0 $0 $0 85.23 Increase funds for a $20 per day rate increase for ventilator dependent patients served in skilled nursing facilities. (CC:NO) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $90,000 $0 $173,466 $0 $263,466 $0 85.24 It is the intent of the General Assembly that the Department shall revise policies to improve access to RSV vaccinations for medically fragile infants effective July 1, 2013. (S:YES)(CC:YES) State General Funds $0 $0 85.25 Reduce funds to recognize savings due to the increased utilization of the Public Assistance Reporting Information System (PARIS) by moving eligible members from Medicaid to the Veterans Administration (VA). State General Funds Medical Assistance Program CFDA93.778 ($2,844,778) ($1,300,000) ($2,505,621) 3222 JOURNAL OF THE SENATE Total Public Funds: ($2,844,778) ($3,805,621) 85.26 Reduce funds for funding for unimplemented nursing home policies for medically frail inmates (HB78). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,030,300) ($1,030,300) ($500,000) ($963,700) ($1,463,700) 85.27 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled to reflect updated Medicaid projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $74,255,644 $143,120,363 $217,376,007 $74,255,644 $143,120,363 $217,376,007 85.28 Increase additional funds for projected growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $19,597,755 $37,772,722 $57,370,477 85.98 Transfer all funds and activities from the Medicaid: Aged, Blind, and Disabled program to create a new "Medicaid Benefits" program. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 $0 85.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 106) 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 $1,491,726,769 $1,497,888,604 $1,560,732,483 $1,588,229,982 State General Funds $1,297,792,067 $1,303,953,902 $1,366,797,781 $1,394,295,280 Nursing Home Provider Fees $167,756,401 $167,756,401 $167,756,401 $167,756,401 Hospital Provider Fee $26,178,301 $26,178,301 $26,178,301 $26,178,301 TOTAL FEDERAL FUNDS $2,963,457,512 $2,975,354,493 $3,103,949,210 $3,149,479,068 THURSDAY, MARCH 28, 2013 3223 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 $2,960,670,298 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,791,315,901 $2,787,214 $2,972,567,279 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,809,374,717 $2,787,214 $3,101,161,996 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,000,813,313 $2,787,214 $3,146,691,854 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $5,073,840,670 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 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 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 $1,107,417,540 $789,037,546 $110,193,257 $208,186,737 $2,170,012,694 $2,170,012,694 $23,303,933 $10,975,617 $10,975,617 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,314,151,014 86.1 Increase funds for projected growth. State General Funds $88,062,323 $74,312,629 $74,312,629 $74,312,629 3224 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 Total Public Funds: $169,712,499 $143,230,195 $143,230,195 $143,230,195 $257,774,822 $217,542,824 $217,542,824 $217,542,824 86.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 65.71% to 65.84%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($4,087,071) $4,087,071 $0 ($4,087,071) $4,087,071 $0 ($4,087,071) $4,087,071 $0 ($4,087,071) $4,087,071 $0 86.3 Transfer funds from the PeachCare program to the Medicaid: Low-Income Medicaid program to reflect the eligibility of 6-18 year olds with family income of 100-133% of the federal poverty level (FPL) for Medicaid under the Affordable Care Act. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $13,356,832 $42,494,441 $55,851,273 $13,356,832 $42,494,441 $55,851,273 $13,356,832 $42,494,441 $55,851,273 $13,356,832 $42,494,441 $55,851,273 86.4 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,169,609) ($2,254,054) ($3,423,663) ($1,169,609) ($2,254,054) ($3,423,663) ($1,169,609) ($2,254,054) ($3,423,663) ($1,169,609) ($2,254,054) ($3,423,663) 86.5 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($15,272) ($29,433) ($44,705) ($15,272) ($29,433) ($44,705) ($15,272) ($29,433) ($44,705) ($15,272) ($29,433) ($44,705) 86.6 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($13,443,282) $0 $0 $0 ($25,907,707) $0 $0 $0 ($39,350,989) $0 $0 $0 86.7 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. THURSDAY, MARCH 28, 2013 3225 State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($268,559) ($517,563) ($786,122) ($268,559) ($517,563) ($786,122) ($268,559) ($517,563) ($786,122) ($268,559) ($517,563) ($786,122) 86.8 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate)(CC:Reflect the utilization of Evaluation and Management (E&M) codes at an increased rate) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,816,641) ($908,321) ($1,816,641) $0 ($3,501,006) ($1,750,697) ($3,501,006) $0 ($5,317,647) ($2,659,018) ($5,317,647) $0 86.9 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice)(CC:NO) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($5,265,777) $0 ($2,632,889) $0 ($10,148,133) $0 ($5,074,631) $0 ($15,413,910) $0 ($7,707,520) $0 86.10 Increase funds to reflect unrealized FY2012 reserves. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $10,975,617 $21,152,058 $32,127,675 $10,975,617 $21,152,058 $32,127,675 $10,975,617 $21,152,058 $32,127,675 $10,975,617 $21,152,058 $32,127,675 86.11 Reduce funds to reflect savings from eliminating reimbursements for elective births prior to the 39th gestational week. (H and S:Recognize savings from physicians and hospitals by eliminating elective births prior to the 39th gestational week)(CC:Recognize savings by eliminating elective births prior to the 39th gestational week) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($5,120,000) ($9,867,194) ($14,987,194) ($5,120,000) ($9,867,194) ($14,987,194) ($5,120,000) ($9,867,194) ($14,987,194) ($5,120,000) ($9,867,194) ($14,987,194) 86.12 Reduce funds to reflect savings from the revision of supplemental drug rebates to include Care Management Organization (CMO) claims. (CC:NO) 3226 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,281,000) ($1,281,000) ($1,281,000) $0 ($2,468,726) ($2,468,726) ($2,468,726) $0 ($3,749,726) ($3,749,726) ($3,749,726) $0 86.13 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: $10,865,629 $5,638,080 $16,503,709 $10,865,629 $5,638,080 $16,503,709 $10,865,629 $5,638,080 $16,503,709 $10,865,629 $5,638,080 $16,503,709 86.14 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012. (CC:Reduce funds to reflect collection of Hospital Cost Settlements from FY2011 and FY2012) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,762,196) ($3,396,457) ($5,158,653) ($1,762,196) ($3,396,457) ($5,158,653) ($4,111,791) ($7,925,068) ($12,036,859) 86.15 Reduce funds to reflect savings from reduced readmissions and cost avoidance due to the elective delivery policy change. State General Funds ($4,000,000) ($3,900,000) $0 86.16 Reduce funds to reflect the reconciliation of the overage paid through the Hospital Provider Payment Agreement. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,016,031) ($3,885,699) ($5,901,730) ($2,016,031) ($3,885,699) ($5,901,730) ($2,016,031) ($3,885,699) ($5,901,730) 86.17 Increase funds to provide funding to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $99,603 $191,976 $291,579 $99,603 $191,976 $291,579 $99,603 $191,976 $291,579 86.18 Recognize an increase from 2% to 10% in budgetary flexibility between the Medicaid: Low-Income Medicaid and Medicaid: Aged, Blind, and Disabled programs. (H:YES)(S:YES) State General Funds $0 $0 $0 THURSDAY, MARCH 28, 2013 3227 86.19 Request an extension of the Planning for Healthy Babies waiver. (H:YES)(S:Request an extension of the Planning for Healthy Babies waiver for the population currently covered by the program)(CC:Extend the Planning for Healthy Babies waiver for all existing categories of eligibility) State General Funds $0 $0 $0 86.20 Increase funds to provide medically necessary emergency transportation of medically indigent citizens 21 years of age and older by rotary wing air ambulance. (CC:Increase funds to provide medically necessary emergency transportation of medically indigent citizens 21 years of age and older by rotary wing air ambulance at the ground ambulance rate) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $380,000 $0 $732,412 $0 $1,112,412 $0 86.21 Transfer funds from Medicaid: Low-Income Medicaid to Medicaid: Aged, Blind and Disabled and PeachCare to reflect updated Medicaid projections. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($83,455,955) ($83,455,955) ($160,853,047) ($160,853,047) ($244,309,002) ($244,309,002) 86.22 Replace funds. State General Funds Tobacco Settlement Funds Total Public Funds: ($56,000,000) $56,000,000 $0 86.23 Increase additional funds for growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $13,356,500 $25,743,324 $39,099,824 86.98 Transfer all funds and activities from the Medicaid: Low-Income Medicaid program to create a new "Medicaid Benefits" program. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 $0 3228 JOURNAL OF THE SENATE 86.100 -Medicaid: Low-Income Medicaid Appropriation (HB 106) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,192,983,181 $1,191,172,242 $1,104,655,078 $1,124,912,513 State General Funds $868,965,107 $867,154,168 $780,637,004 $744,894,439 Tobacco Settlement Funds $110,193,257 $110,193,257 $110,193,257 $166,193,257 Hospital Provider Fee $213,824,817 $213,824,817 $213,824,817 $213,824,817 TOTAL FEDERAL FUNDS $2,363,630,576 $2,367,864,241 $2,200,918,666 $2,232,445,330 Medical Assistance Program CFDA93.778 $2,363,630,576 $2,367,864,241 $2,200,918,666 $2,232,445,330 TOTAL AGENCY FUNDS $23,303,933 $23,303,933 $23,303,933 $23,303,933 Reserved Fund Balances $10,975,617 $10,975,617 $10,975,617 $10,975,617 Reserved Fund Balances Not Itemized $10,975,617 $10,975,617 $10,975,617 $10,975,617 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 $3,593,334,537 $3,595,757,263 $3,342,294,524 $3,394,078,623 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 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 $79,578,343 $77,951,094 $1,627,249 $250,346,470 $250,346,470 $151,783 $151,783 $151,783 $330,076,596 87.1 Increase funds for projected growth. State General Funds $7,667,976 $6,470,725 $6,470,725 $6,470,725 THURSDAY, MARCH 28, 2013 3229 State Children's Insurance Program CFDA93.767 Total Public Funds: $24,395,479 $32,063,455 $20,592,116 $27,062,841 $20,592,116 $27,062,841 $20,592,116 $27,062,841 87.2 Reduce funds to reflect savings from an increase in the Federal Medical Assistance Percentage (FMAP) rate from 76.00% to 76.09%. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($295,838) $295,838 $0 ($295,838) $295,838 $0 ($295,838) $295,838 $0 ($295,838) $295,838 $0 87.3 Transfer funds from the PeachCare program to the Medicaid: Low-Income Medicaid program to reflect the eligibility of 6-18 year olds with family income of 100-133% of the federal poverty level (FPL) for Medicaid under the Affordable Care Act. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($13,356,832) ($42,494,441) ($55,851,273) ($13,356,832) ($42,494,441) ($55,851,273) ($13,356,832) ($42,494,441) ($55,851,273) ($13,356,832) ($42,494,441) ($55,851,273) 87.4 Reduce funds to reflect savings from eliminating hospital reimbursements for preventable admissions. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($101,843) ($324,011) ($425,854) ($101,843) ($324,011) ($425,854) ($101,843) ($324,011) ($425,854) ($101,843) ($324,011) ($425,854) 87.5 Reduce funds to reflect savings from restricting the number of narcotic prescription reimbursements to six per month. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($1,330) ($4,231) ($5,561) ($1,330) ($4,231) ($5,561) ($1,330) ($4,231) ($5,561) ($1,330) ($4,231) ($5,561) 87.6 Reduce funds to reflect savings from the new Medicare-based pricing methodology in the Ambulatory Payment Classification Outpatient Services Grouper. (H and S:Adopt APC Grouper pricing methodology with a budget neutral impact to hospitals) State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($1,170,566) $0 $0 $0 ($3,724,127) $0 $0 $0 ($4,894,693) $0 $0 $0 87.7 Reduce funds to reflect savings from increasing the number of drugs on the specialty pharmacy reimbursement list. 3230 JOURNAL OF THE SENATE State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($23,384) ($74,398) ($97,782) ($23,384) ($74,398) ($97,782) ($23,384) ($74,398) ($97,782) ($23,384) ($74,398) ($97,782) 87.8 Reduce funds to reflect savings from eliminating consultation Current Procedural Terminology (CPT) codes and replacing with Evaluation and Management (E&M) codes. (H:Maintain Consultation CPT codes at a reduced rate)(CC:Reflect the utilization of Evaluation and Management (E&M) codes at an increased rate) State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($158,183) ($79,092) ($158,183) $0 ($503,255) ($251,697) ($503,255) $0 ($661,438) ($330,789) ($661,438) $0 87.9 Reduce funds to reflect savings from reducing provider reimbursement by 0.74%, excluding hospitals, primary care, FQHC, RHC, and hospice. (S:Reduce funds to reflect savings from reducing provider reimbursement by 0.37%, excluding hospitals, primary care, FQHC, RHC, and hospice)(CC:NO) State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($458,514) $0 ($229,257) $0 ($1,458,753) $0 ($729,576) $0 ($1,917,267) $0 ($958,833) $0 87.10 Increase funds to reflect projected FY2014 hospital provider fee revenue, pending reauthorization. State Children's Insurance Program CFDA93.767 Hospital Provider Fee Total Public Funds: $140,223 $44,074 $184,297 $140,223 $44,074 $184,297 $140,223 $44,074 $184,297 $140,223 $44,074 $184,297 87.11 Reduce funds to reflect collection of Hospital Cost Settlements from FY2012. (CC:Reduce funds to reflect collection of Hospital Cost Settlements from FY2011 and FY2012) State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: ($153,442) ($488,306) ($641,748) ($153,442) ($488,306) ($641,748) ($358,031) ($1,139,380) ($1,497,411) 87.12 Increase funds to provide funds to increase all Rural Health Clinics and Federally Qualified Health Centers to the current Prospective Payment System base rate. State General Funds $8,673 $8,673 $8,673 THURSDAY, MARCH 28, 2013 3231 State Children's Insurance Program CFDA93.767 Total Public Funds: $27,600 $36,273 $27,600 $36,273 $27,600 $36,273 87.13 Transfer funds from Medicaid: Low-Income Medicaid to PeachCare to reflect updated Medicaid projections. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $9,190,311 $29,246,791 $38,437,102 $9,190,311 $29,246,791 $38,437,102 87.14 Increase additional funds for growth. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $1,163,010 $3,701,105 $4,864,115 87.100 -PeachCare Appropriation (HB 106) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $71,723,903 $72,090,054 $80,972,017 $82,317,878 State General Funds $70,052,580 $70,418,731 $79,300,694 $80,646,555 Hospital Provider Fee $1,671,323 $1,671,323 $1,671,323 $1,671,323 TOTAL FEDERAL FUNDS $226,594,794 $227,765,163 $256,030,820 $260,313,682 State Children's Insurance Program CFDA93.767 $226,594,794 $227,765,163 $256,030,820 $260,313,682 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 $298,470,480 $300,007,000 $337,154,620 $342,783,343 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 $0 $0 $0 $0 $0 $0 $0 $0 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 3232 JOURNAL OF THE SENATE State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 $2,987,734,959 88.1 Increase funds to reflect updated revenue and expense projections. Health Insurance Payments $64,856,535 $64,856,535 $64,856,535 $64,856,535 88.2 Reduce funds to reflect savings from implementing plan design changes to deductibles, out-of-pocket maximums, and HRA funding. Health Insurance Payments ($160,796,000) ($160,796,000) ($160,796,000) ($160,796,000) 88.3 Increase funds to reflect an increase in employee contribution rates for spousal coverage. Health Insurance Payments $118,977,414 $118,977,414 $118,977,414 $118,977,414 88.4 Increase funds for the implementation of the childhood obesity initiative in cooperation with Alliance for a Healthier Generation, Department of Public Health, and the Governor's Office. Health Insurance Payments $8,000,000 $8,000,000 $8,000,000 $8,000,000 88.5 Increase funds to reflect revenue from increasing per member per month billings for non-certificated school service personnel from $446.20 to $596.20, effective July 2013. Health Insurance Payments $107,693,937 $107,693,937 $107,693,937 $107,693,937 88.6 Increase funds to reflect an increase in employee premiums of 7.5% for employee-only and employee + child(ren) tiers. Health Insurance Payments $11,966,438 $11,966,438 $11,966,438 $11,966,438 88.7 Increase funds to reflect an increase in employee premiums of 2% due to increased costs from the requirements of the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $14,834,463 $14,834,463 $14,834,463 $14,834,463 88.8 Increase funds to reflect revenue from the implementation of an add-on fee of $7 per employee per month for select plans. Health Insurance Payments $17,988,000 $17,988,000 $17,988,000 $17,988,000 88.9 Increase funds for continued implementation of the EnGAgement wellness plan. Health Insurance Payments $12,838,000 $12,838,000 $12,838,000 $12,838,000 THURSDAY, MARCH 28, 2013 3233 88.10 Reduce funds to reflect savings from elimination of prior authorization for Attention Deficit-Hyperactivity Disorder (ADHD) drugs. Health Insurance Payments ($232,200) ($232,200) ($232,200) ($232,200) 88.11 Reduce funds to reflect savings from implementing a pharmacy step therapy program. Health Insurance Payments ($1,711,000) ($1,711,000) ($1,711,000) ($1,711,000) 88.12 Reduce funds to reflect savings from revising the prescription drug list. Health Insurance Payments ($7,398,000) ($7,398,000) ($7,398,000) ($7,398,000) 88.13 Reduce funds to reflect savings from renegotiated rates with the hospital network. Health Insurance Payments ($6,418,000) ($6,418,000) ($6,418,000) ($6,418,000) 88.14 Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $945.00, effective July 2013. (H:Reflect the full health insurance earnings in QBE for SHBP by increasing the per member per month billings for certificated school service personnel from $912.34 to $1,016.39 to mitigate a mid-year employer rate increase for health benefits)(S:Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $945.00, effective July 2013)(CC:Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $945.00, effective July 2013, and provide a range for the potential per member per month billing adjustments anticipated for the mid-year by May 15, 2013) Health Insurance Payments $37,877,566 $121,428,987 $37,877,566 $37,877,566 88.15 Increase funds to reflect an increase in the employer share of the State Health Benefit Plan from 29.781% to 30.781%, effective July 2013. Health Insurance Payments $26,223,099 $26,223,099 $26,223,099 $26,223,099 88.100 -State Health Benefit Plan Appropriation (HB 106) 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 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,315,986,632 $3,315,986,632 $3,315,986,632 $3,315,986,632 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211 $3,232,435,211 3234 JOURNAL OF THE SENATE Georgia Composite Medical Board Continuation Budget 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 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,046,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 $2,046,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 $2,046,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 $2,046,154 $2,046,154 $100,000 $100,000 $100,000 $2,146,154 89.1 Reduce funds for personnel. State General Funds ($34,654) ($34,654) ($34,654) ($34,654) 89.2 Reduce funds for telecommunications. State General Funds ($1,332) ($1,332) ($1,332) ($1,332) 89.3 Reduce funds for contracts. State General Funds ($17,000) ($17,000) ($17,000) ($17,000) 89.4 Increase funds to implement the Georgia Cosmetic Laser Services Act. State General Funds $10,000 $0 89.100 -Georgia Composite Medical Board Appropriation (HB 106) 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 $1,993,168 $1,993,168 $2,003,168 $1,993,168 State General Funds $1,993,168 $1,993,168 $2,003,168 $1,993,168 THURSDAY, MARCH 28, 2013 3235 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $2,093,168 $100,000 $100,000 $100,000 $2,093,168 $100,000 $100,000 $100,000 $2,103,168 $100,000 $100,000 $100,000 $2,093,168 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 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 90.1 Reduce funds for personnel. State General Funds ($2,500) ($2,500) ($2,500) ($2,500) 90.2 Reduce funds for operations. State General Funds ($4,351) ($4,351) ($4,351) ($4,351) 90.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $678,277 $678,277 State General Funds $678,277 $678,277 TOTAL PUBLIC FUNDS $678,277 $678,277 Appropriation (HB 106) $678,277 $678,277 $678,277 $678,277 $678,277 $678,277 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 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 $8,917,518 3236 JOURNAL OF THE SENATE 91.1 Reduce funds for Graduate Medical Education residency slots. State General Funds ($275,551) $0 $0 $0 91.2 Eliminate funds for residency development programs provided for Gwinnett Medical Center and the Southwest Georgia Consortium. (H and CC:Reflect residency development funds in Regents Health Professions Initiative)(S:Restore funds for residency development programs provided for Gwinnett Medical Center ($132,108) and the Southwest Georgia Consortium ($694,791)) State General Funds ($826,899) ($826,899) $0 ($826,899) 91.3 Increase funds for six new family medicine residents at Houston Medical Center. State General Funds $123,924 $0 $123,924 91.4 Increase funds for osteopathic program development to establish two new Doctor of Osteopathic Medicine residency programs at WellStar Health System and East Georgia Medical Center. State General Funds $50,000 $50,000 $50,000 91.100 -Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 106) 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 $7,815,068 $8,264,543 $8,967,518 $8,264,543 State General Funds $7,815,068 $8,264,543 $8,967,518 $8,264,543 TOTAL PUBLIC FUNDS $7,815,068 $8,264,543 $8,967,518 $8,264,543 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 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 $20,969,911 THURSDAY, MARCH 28, 2013 3237 92.1 Reduce funds for the Mercer School of Medicine operating grant. State General Funds ($647,733) $0 $0 $0 92.100 -Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 106) 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 $20,322,178 $20,969,911 $20,969,911 $20,969,911 State General Funds $20,322,178 $20,969,911 $20,969,911 $20,969,911 TOTAL PUBLIC FUNDS $20,322,178 $20,969,911 $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 $10,671,474 $10,671,474 $10,671,474 93.1 Reduce funds for the Morehouse School of Medicine operating grant. State General Funds ($329,627) $0 $0 $0 93.2 Transfer the Morehouse Undergraduate Medical Education funds to the Morehouse School of Medicine Operating Grant to maximize matching federal funds. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $262,169 $505,305 $767,474 $262,169 $505,305 $767,474 $262,169 $505,305 $767,474 93.100 -Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 106) 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. 3238 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $10,341,847 $10,341,847 $10,341,847 $10,933,643 $10,933,643 $505,305 $505,305 $11,438,948 $10,933,643 $10,933,643 $505,305 $505,305 $11,438,948 $10,933,643 $10,933,643 $505,305 $505,305 $11,438,948 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 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 $830,000 94.1 Increase funds to establish the Medical Recruitment Fair using a public/private partnership with the Georgia Alliance of Community Hospitals and the Georgia Rural Health Association. State General Funds $40,000 $40,000 $40,000 94.2 Increase funds for two additional loan repayments to the Physicians for Rural Areas Assistance program. State General Funds $40,000 $0 94.100 -Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 106) 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 $910,000 $870,000 State General Funds $830,000 $870,000 $910,000 $870,000 TOTAL PUBLIC FUNDS $830,000 $870,000 $910,000 $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. THURSDAY, MARCH 28, 2013 3239 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 95.1 Reduce funds for medical education at private institutions. State General Funds ($84,408) ($84,408) ($84,408) ($84,408) 95.2 Transfer the Morehouse Undergraduate Medical Education funds to the Morehouse School of Medicine Operating Grant to maximize federal matching funds. State General Funds ($591,796) ($591,796) ($591,796) 95.100 -Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 106) 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 $2,647,228 $2,647,228 $2,647,228 $2,055,432 $2,055,432 $2,055,432 $2,055,432 $2,055,432 $2,055,432 $2,055,432 $2,055,432 $2,055,432 Section 18: Corrections, Department of 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 Section Total - Continuation $1,121,908,791 $1,121,908,791 $1,121,908,791 $1,121,908,791 $1,121,908,791 $1,121,908,791 $922,276 $922,276 $922,276 $922,276 $922,276 $922,276 $18,081,649 $18,081,649 $18,081,649 $655,104 $655,104 $655,104 $655,104 $655,104 $655,104 $17,426,545 $17,426,545 $17,426,545 $17,426,545 $17,426,545 $17,426,545 $1,140,912,716 $1,140,912,716 $1,140,912,716 $1,121,908,791 $1,121,908,791 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,140,912,716 3240 JOURNAL OF THE SENATE 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 Section Total - Final $1,134,081,799 $1,132,581,799 $1,134,081,799 $1,132,581,799 $922,276 $922,276 $922,276 $922,276 $18,081,649 $18,081,649 $655,104 $655,104 $655,104 $655,104 $17,426,545 $17,426,545 $17,426,545 $17,426,545 $1,153,085,724 $1,151,585,724 $1,132,495,600 $1,132,495,600 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,151,499,525 $1,131,839,911 $1,131,839,911 $922,276 $922,276 $18,081,649 $655,104 $655,104 $17,426,545 $17,426,545 $1,150,843,836 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 $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 $6,148,682 $6,148,682 $7,046 $7,046 $7,046 $6,155,728 96.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $79,125 $79,125 $79,125 $79,125 96.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $419 $419 $419 $419 96.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($6,988) THURSDAY, MARCH 28, 2013 3241 96.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 106) 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 $6,228,226 $6,228,226 $6,228,226 $6,221,238 State General Funds $6,228,226 $6,228,226 $6,228,226 $6,221,238 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 $6,235,272 $6,235,272 $6,235,272 $6,228,284 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 $9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 $9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 $9,596,724 $9,596,724 $4,500,000 $4,500,000 $4,500,000 $14,096,724 97.100 -County Jail Subsidy Appropriation (HB 106) 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 $9,596,724 State General Funds $9,596,724 $9,596,724 $9,596,724 $9,596,724 TOTAL AGENCY FUNDS $4,500,000 $4,500,000 $4,500,000 $4,500,000 Sales and Services $4,500,000 $4,500,000 $4,500,000 $4,500,000 Sales and Services Not Itemized $4,500,000 $4,500,000 $4,500,000 $4,500,000 TOTAL PUBLIC FUNDS $14,096,724 $14,096,724 $14,096,724 $14,096,724 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. 3242 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $36,067,108 $36,067,108 $70,555 $70,555 $36,137,663 $36,067,108 $36,067,108 $70,555 $70,555 $36,137,663 $36,067,108 $36,067,108 $70,555 $70,555 $36,137,663 98.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $474,747 $474,747 $474,747 98.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($301,042) ($301,042) ($301,042) 98.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,531 $1,531 $1,531 98.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($86,199) 98.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $36,067,108 $36,067,108 $70,555 $70,555 $36,137,663 $474,747 ($301,042) $1,531 ($43,100) ($27,952) 98.100 -Departmental Administration Appropriation (HB 106) 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 $36,242,344 $36,242,344 $36,156,145 $36,171,292 State General Funds $36,242,344 $36,242,344 $36,156,145 $36,171,292 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 $70,555 Federal Funds Not Itemized $70,555 $70,555 $70,555 $70,555 TOTAL PUBLIC FUNDS $36,312,899 $36,312,899 $36,226,700 $36,241,847 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. THURSDAY, MARCH 28, 2013 3243 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 $28,399,203 $28,399,203 $450,000 $450,000 $450,000 $28,849,203 99.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $553,872 $553,872 $553,872 $553,872 99.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($32,255) ($32,255) ($32,255) ($32,255) 99.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,017 $2,017 $2,017 $2,017 99.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($13,976) 99.100 -Detention Centers Appropriation (HB 106) 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 $28,922,837 $28,922,837 $28,922,837 $28,908,861 State General Funds $28,922,837 $28,922,837 $28,922,837 $28,908,861 TOTAL AGENCY FUNDS $450,000 $450,000 $450,000 $450,000 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 $29,372,837 $29,372,837 $29,372,837 $29,358,861 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. 3244 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $27,519,049 $27,519,049 $751,721 $751,721 $28,270,770 $27,519,049 $27,519,049 $751,721 $751,721 $28,270,770 $27,519,049 $27,519,049 $751,721 $751,721 $28,270,770 100.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $26,375 $26,375 $26,375 100.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $128 $128 $128 100.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $27,519,049 $27,519,049 $751,721 $751,721 $28,270,770 $26,375 $128 ($34,939) 100.100 -Food and Farm Operations Appropriation (HB 106) 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 $27,545,552 $27,545,552 $27,545,552 $27,510,613 State General Funds $27,545,552 $27,545,552 $27,545,552 $27,510,613 TOTAL FEDERAL FUNDS $751,721 $751,721 $751,721 $751,721 Federal Funds Not Itemized $751,721 $751,721 $751,721 $751,721 TOTAL PUBLIC FUNDS $28,297,273 $28,297,273 $28,297,273 $28,262,334 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 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 $201,493,766 $201,493,766 $390,000 $390,000 $390,000 THURSDAY, MARCH 28, 2013 3245 TOTAL PUBLIC FUNDS $201,883,766 $201,883,766 $201,883,766 $201,883,766 101.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $210,999 $210,999 $210,999 $210,999 101.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,118 $1,118 $1,118 $1,118 101.3 Reduce funds to recognize program efficiencies. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 101.100 -Health Appropriation (HB 106) 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 $201,705,883 $200,205,883 $200,205,883 $200,205,883 State General Funds $201,705,883 $200,205,883 $200,205,883 $200,205,883 TOTAL AGENCY FUNDS $390,000 $390,000 $390,000 $390,000 Sales and Services $390,000 $390,000 $390,000 $390,000 Sales and Services Not Itemized $390,000 $390,000 $390,000 $390,000 TOTAL PUBLIC FUNDS $202,095,883 $200,595,883 $200,595,883 $200,595,883 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 $42,320,127 $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 $42,320,127 $42,320,127 $30,000 $30,000 $30,000 $42,350,127 3246 JOURNAL OF THE SENATE 102.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $79,125 $79,125 $79,125 $79,125 102.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($10,742) ($10,742) ($10,742) ($10,742) 102.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $310 $310 $310 $310 102.100 -Offender Management Appropriation (HB 106) The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads. TOTAL STATE FUNDS $42,388,820 $42,388,820 $42,388,820 $42,388,820 State General Funds $42,388,820 $42,388,820 $42,388,820 $42,388,820 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $42,418,820 $42,418,820 $42,418,820 $42,418,820 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 $4,796,705 $4,796,705 $405,000 $405,000 $405,000 $5,201,705 103.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $105,499 $105,499 $105,499 $105,499 THURSDAY, MARCH 28, 2013 3247 103.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $437 $437 $437 $437 103.3 Transfer funds from the Parole Revocation Centers program to the State Prisons program to properly align budget and expenditures. State General Funds Sales and Services Not Itemized Total Public Funds: ($4,902,641) ($405,000) ($5,307,641) ($4,902,641) ($405,000) ($5,307,641) ($4,902,641) ($405,000) ($5,307,641) ($4,902,641) ($405,000) ($5,307,641) 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 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 $134,908,024 104.100 -Private Prisons Appropriation (HB 106) 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 $134,908,024 $134,908,024 State General Funds $134,908,024 $134,908,024 $134,908,024 $134,908,024 TOTAL PUBLIC FUNDS $134,908,024 $134,908,024 $134,908,024 $134,908,024 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, as well as support the Georgia Commission on Family Violence. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $97,678,890 $97,678,890 $10,000 $10,000 $10,000 $97,678,890 $97,678,890 $10,000 $10,000 $10,000 $97,678,890 $97,678,890 $10,000 $10,000 $10,000 $97,678,890 $97,678,890 $10,000 $10,000 $10,000 3248 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $97,688,890 $97,688,890 $97,688,890 $97,688,890 105.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,925,363 $1,925,363 $1,925,363 $1,925,363 105.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($247,285) ($247,285) ($247,285) ($247,285) 105.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $7,325 $7,325 $7,325 $7,325 105.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($13,976) 105.100 -Probation Supervision Appropriation (HB 106) 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 $99,364,293 $99,364,293 $99,364,293 $99,350,317 State General Funds $99,364,293 $99,364,293 $99,364,293 $99,350,317 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 $10,000 Sales and Services $10,000 $10,000 $10,000 $10,000 Sales and Services Not Itemized $10,000 $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $99,374,293 $99,374,293 $99,374,293 $99,360,317 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; and to provide fire services and work details to the Department, state agencies, and local communities. TOTAL STATE FUNDS State General Funds $505,172,788 $505,172,788 $505,172,788 $505,172,788 $505,172,788 $505,172,788 $505,172,788 $505,172,788 THURSDAY, MARCH 28, 2013 3249 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 $100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 $100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 $100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 $100,000 $100,000 $12,289,603 $655,104 $655,104 $11,634,499 $11,634,499 $517,562,391 106.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $9,231,193 $9,231,193 $9,231,193 $9,231,193 106.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($462,323) ($462,323) ($462,323) ($462,323) 106.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $44,953 $44,953 $44,953 $44,953 106.4 Transfer funds from the Parole Revocation Centers program to the State Prisons program to properly align budget and expenditures. State General Funds Sales and Services Not Itemized Total Public Funds: $4,902,641 $405,000 $5,307,641 $4,902,641 $405,000 $5,307,641 $4,902,641 $405,000 $5,307,641 $4,902,641 $405,000 $5,307,641 106.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($586,982) 106.100 -State Prisons Appropriation (HB 106) 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. 3250 JOURNAL OF THE SENATE 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 $518,889,252 $518,889,252 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $531,683,855 $518,889,252 $518,889,252 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $531,683,855 $518,889,252 $518,889,252 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $531,683,855 $518,302,270 $518,302,270 $100,000 $100,000 $12,694,603 $655,104 $655,104 $12,039,499 $12,039,499 $531,096,873 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 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 $27,807,725 107.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $501,121 $501,121 $501,121 $501,121 107.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($21,503) ($21,503) ($21,503) ($21,503) 107.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,501 $2,501 $2,501 $2,501 107.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($13,975) 107.100 -Transitional Centers Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3251 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section 19: Defense, 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 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 $28,289,844 $28,289,844 $28,289,844 $28,289,844 $28,289,844 $28,289,844 $28,289,844 $28,289,844 $28,289,844 $28,275,869 $28,275,869 $28,275,869 Section Total - Continuation $9,101,329 $9,101,329 $9,101,329 $9,101,329 $9,101,329 $9,101,329 $74,506,287 $74,506,287 $74,506,287 $74,506,287 $74,506,287 $74,506,287 $7,641,586 $7,641,586 $7,641,586 $6,165,906 $6,165,906 $6,165,906 $6,165,906 $6,165,906 $6,165,906 $171,171 $171,171 $171,171 $171,171 $171,171 $171,171 $1,304,509 $1,304,509 $1,304,509 $1,304,509 $1,304,509 $1,304,509 $91,249,202 $91,249,202 $91,249,202 Section Total - Final $9,192,612 $9,183,398 $9,192,612 $9,183,398 $74,506,287 $74,506,287 $74,506,287 $74,506,287 $7,641,586 $7,641,586 $6,165,906 $6,165,906 $6,165,906 $6,165,906 $171,171 $171,171 $171,171 $171,171 $1,304,509 $1,304,509 $1,304,509 $1,304,509 $91,340,485 $91,331,271 $9,166,038 $9,166,038 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $91,313,911 $9,101,329 $9,101,329 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $91,249,202 $9,141,317 $9,141,317 $74,506,287 $74,506,287 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $91,289,190 3252 JOURNAL OF THE SENATE 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 $1,144,335 $1,144,335 $672,334 $672,334 $1,816,669 $1,144,335 $1,144,335 $672,334 $672,334 $1,816,669 $1,144,335 $1,144,335 $672,334 $672,334 $1,816,669 108.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $23,380 $23,380 $23,380 108.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,706 $1,706 $1,706 108.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $201 $201 $201 108.4 Reduce funds for telecommunications. State General Funds ($55,453) ($55,453) ($55,453) 108.5 Reduce funds for personnel by converting one full-time administrative position to a part-time position. State General Funds ($20,629) ($20,629) ($20,629) 108.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($17,360) $1,144,335 $1,144,335 $672,334 $672,334 $1,816,669 $23,380 $1,706 $201 ($55,453) ($20,629) ($8,680) 108.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,093,540 $1,093,540 $1,076,180 $1,084,860 State General Funds $1,093,540 $1,093,540 $1,076,180 $1,084,860 TOTAL FEDERAL FUNDS $672,334 $672,334 $672,334 $672,334 Federal Funds Not Itemized $672,334 $672,334 $672,334 $672,334 TOTAL PUBLIC FUNDS $1,765,874 $1,765,874 $1,748,514 $1,757,194 THURSDAY, MARCH 28, 2013 3253 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 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 $4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 $4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 $4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 $4,710,472 $4,710,472 $63,865,953 $63,865,953 $7,641,586 $6,165,906 $6,165,906 $171,171 $171,171 $1,304,509 $1,304,509 $76,218,011 109.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $55,852 $55,852 $55,852 $55,852 109.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $873 $873 $873 $873 109.3 Reduce funds for personnel and hold one position vacant. State General Funds ($217,587) ($217,587) ($217,587) ($217,587) 109.4 Increase funds for minor repair and maintenance for facilities statewide not eligible for bond funding. State General Funds $250,000 $250,000 $250,000 $250,000 109.5 Reduce funds to reflect an adjustment in the Military Interstate Compact billing. State General Funds ($9,214) ($9,214) ($9,214) 3254 JOURNAL OF THE SENATE 109.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($33,401) 109.100 -Military Readiness Appropriation (HB 106) 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 $4,799,610 $4,790,396 $4,790,396 $4,756,995 State General Funds $4,799,610 $4,790,396 $4,790,396 $4,756,995 TOTAL FEDERAL FUNDS $63,865,953 $63,865,953 $63,865,953 $63,865,953 Federal Funds Not Itemized $63,865,953 $63,865,953 $63,865,953 $63,865,953 TOTAL AGENCY FUNDS $7,641,586 $7,641,586 $7,641,586 $7,641,586 Intergovernmental Transfers $6,165,906 $6,165,906 $6,165,906 $6,165,906 Intergovernmental Transfers Not Itemized $6,165,906 $6,165,906 $6,165,906 $6,165,906 Royalties and Rents $171,171 $171,171 $171,171 $171,171 Royalties and Rents Not Itemized $171,171 $171,171 $171,171 $171,171 Sales and Services $1,304,509 $1,304,509 $1,304,509 $1,304,509 Sales and Services Not Itemized $1,304,509 $1,304,509 $1,304,509 $1,304,509 TOTAL PUBLIC FUNDS $76,307,149 $76,297,935 $76,297,935 $76,264,534 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 $3,246,522 $3,246,522 $9,968,000 $9,968,000 $13,214,522 $3,246,522 $3,246,522 $9,968,000 $9,968,000 $13,214,522 $3,246,522 $3,246,522 $9,968,000 $9,968,000 $13,214,522 $3,246,522 $3,246,522 $9,968,000 $9,968,000 $13,214,522 110.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $50,656 $50,656 $50,656 $50,656 THURSDAY, MARCH 28, 2013 3255 110.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,284 $2,284 $2,284 $2,284 110.100 -Youth Educational Services Appropriation (HB 106) 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 $3,299,462 $3,299,462 $3,299,462 $3,299,462 State General Funds $3,299,462 $3,299,462 $3,299,462 $3,299,462 TOTAL FEDERAL FUNDS $9,968,000 $9,968,000 $9,968,000 $9,968,000 Federal Funds Not Itemized $9,968,000 $9,968,000 $9,968,000 $9,968,000 TOTAL PUBLIC FUNDS $13,267,462 $13,267,462 $13,267,462 $13,267,462 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 $59,380,684 $59,380,684 $59,380,684 $59,380,684 $59,380,684 $59,380,684 $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 $62,224,805 $62,224,805 $62,224,805 $59,380,684 $59,380,684 $2,844,121 $2,844,121 $2,844,121 $62,224,805 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $60,666,328 $60,666,328 $60,666,328 $60,666,328 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $63,510,449 $63,510,449 $60,666,328 $60,666,328 $2,844,121 $2,844,121 $2,844,121 $63,510,449 $60,662,807 $60,662,807 $2,844,121 $2,844,121 $2,844,121 $63,506,928 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. 3256 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 $9,113,037 $9,113,037 $500,857 $500,857 $500,857 $9,613,894 111.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $98,201 $98,201 $98,201 $98,201 111.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $7,174 $7,174 $7,174 $7,174 111.3 Reduce funds for operations. State General Funds ($3,432) 111.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($3,432) ($3,432) ($3,432) ($528) 111.100 -Customer Service Support Appropriation (HB 106) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,214,980 $9,214,980 $9,214,980 $9,214,452 State General Funds $9,214,980 $9,214,980 $9,214,980 $9,214,452 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 $500,857 Sales and Services $500,857 $500,857 $500,857 $500,857 Sales and Services Not Itemized $500,857 $500,857 $500,857 $500,857 TOTAL PUBLIC FUNDS $9,715,837 $9,715,837 $9,715,837 $9,715,309 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. THURSDAY, MARCH 28, 2013 3257 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 $49,434,372 $49,434,372 $1,827,835 $1,827,835 $1,827,835 $51,262,207 112.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $596,531 $596,531 $596,531 $596,531 112.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($144,617) 112.3 Increase funds for archival storage for Real ID implementation. State General Funds $541,485 ($144,617) $541,485 ($144,617) $541,485 ($144,617) $541,485 112.4 Increase funds to convert DSL lines to T1 lines at 19 Customer Service Centers to provide additional bandwidth for Real ID documentation. State General Funds $200,000 $200,000 $200,000 $200,000 112.5 Reduce funds for operations. State General Funds ($21,146) ($21,146) ($21,146) ($21,146) 112.6 Reduce funds for telecommunications. State General Funds ($12,109) ($12,109) ($12,109) ($12,109) 112.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($2,993) 112.100 -License Issuance Appropriation (HB 106) 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 $50,594,516 $50,594,516 $50,594,516 $50,591,523 State General Funds $50,594,516 $50,594,516 $50,594,516 $50,591,523 3258 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,827,835 $1,827,835 $1,827,835 $52,422,351 $1,827,835 $1,827,835 $1,827,835 $52,422,351 $1,827,835 $1,827,835 $1,827,835 $52,422,351 $1,827,835 $1,827,835 $1,827,835 $52,419,358 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 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 $833,275 $833,275 $515,429 $515,429 $515,429 $1,348,704 113.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $24,154 $24,154 $24,154 $24,154 113.2 Reduce funds for operations. State General Funds ($597) ($597) ($597) ($597) 113.100 -Regulatory Compliance Appropriation (HB 106) 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 $856,832 $856,832 $856,832 $856,832 State General Funds $856,832 $856,832 $856,832 $856,832 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 $1,372,261 $1,372,261 $1,372,261 $1,372,261 THURSDAY, MARCH 28, 2013 3259 Section 21: Early Care and Learning, Department of 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $354,061,853 $354,061,853 $354,061,853 $55,459,608 $55,459,608 $55,459,608 $298,602,245 $298,602,245 $298,602,245 $313,627,536 $313,627,536 $313,627,536 $125,722,185 $125,722,185 $125,722,185 $95,464,681 $95,464,681 $95,464,681 $92,440,670 $92,440,670 $92,440,670 $156,874 $156,874 $156,874 $131,874 $131,874 $131,874 $131,874 $131,874 $131,874 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $41,000 $41,000 $41,000 $41,000 $41,000 $41,000 $41,000 $41,000 $41,000 $667,887,263 $667,887,263 $667,887,263 $354,061,853 $55,459,608 $298,602,245 $313,627,536 $125,722,185 $95,464,681 $92,440,670 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $41,000 $41,000 $667,887,263 Section Total - Final $367,625,482 $367,625,482 $55,451,852 $55,451,852 $312,173,630 $312,173,630 $313,627,536 $313,627,536 $125,722,185 $125,722,185 $95,464,681 $95,464,681 $92,440,670 $92,440,670 $156,874 $156,874 $131,874 $131,874 $131,874 $131,874 $25,000 $25,000 $25,000 $25,000 $41,000 $41,000 $367,625,482 $55,451,852 $312,173,630 $325,127,536 $125,722,185 $96,773,342 $102,632,009 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 $367,625,482 $55,451,852 $312,173,630 $325,127,536 $125,722,185 $96,773,342 $102,632,009 $156,874 $131,874 $131,874 $25,000 $25,000 $41,000 3260 JOURNAL OF THE SENATE Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $41,000 $41,000 $681,450,892 $41,000 $41,000 $681,450,892 $41,000 $41,000 $692,950,892 $41,000 $41,000 $692,950,892 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 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 $55,459,608 $55,459,608 $163,905,351 $95,464,681 $68,440,670 $15,000 $15,000 $15,000 $219,379,959 114.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $29,003 $29,003 $29,003 $29,003 114.2 Reduce funds for personnel for a portion of the Chief Financial Officer's salary and replace with federal funds. State General Funds ($36,559) ($36,559) ($36,559) ($36,559) 114.3 Reduce funds for contracts. State General Funds ($200) ($200) ($200) ($200) 114.4 Transfer funds from the Department of Human Services Child Care Services program, Child Welfare Services program, Departmental Administration program and Federal Eligibility Benefit Services program to the Department of Early Care and Learning Child Care Services program to properly reflect the correct receiving department. Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds: $10,191,339 $1,308,661 $11,500,000 $10,191,339 $1,308,661 $11,500,000 THURSDAY, MARCH 28, 2013 3261 114.100 -Child Care Services Appropriation (HB 106) 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 $55,451,852 $55,451,852 $55,451,852 $55,451,852 State General Funds $55,451,852 $55,451,852 $55,451,852 $55,451,852 TOTAL FEDERAL FUNDS $163,905,351 $163,905,351 $175,405,351 $175,405,351 CCDF Mandatory & Matching Funds CFDA93.596 $95,464,681 $95,464,681 $96,773,342 $96,773,342 Child Care & Development Block Grant CFDA93.575 $68,440,670 $68,440,670 $78,632,009 $78,632,009 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 $15,000 Rebates, Refunds, and Reimbursements $15,000 $15,000 $15,000 $15,000 Rebates, Refunds, and Reimbursements Not Itemized $15,000 $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $219,372,203 $219,372,203 $230,872,203 $230,872,203 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 $121,997,250 $121,997,250 $121,997,250 $0 $0 $121,997,250 $121,997,250 $121,997,250 $0 $0 $121,997,250 $121,997,250 $121,997,250 $0 $0 $121,997,250 $121,997,250 $121,997,250 115.100 -Nutrition Appropriation (HB 106) 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 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 $121,997,250 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. 3262 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $298,602,245 $0 $298,602,245 $218,000 $218,000 $298,820,245 $298,602,245 $0 $298,602,245 $218,000 $218,000 $298,820,245 $298,602,245 $0 $298,602,245 $218,000 $218,000 $298,820,245 $298,602,245 $0 $298,602,245 $218,000 $218,000 $298,820,245 116.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $59,236 $59,236 $59,236 $59,236 116.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. Lottery Proceeds $459,115 $459,115 $459,115 $459,115 116.3 Reduce funds to reflect an adjustment in telecommunications expenses. Lottery Proceeds ($94,898) ($94,898) ($94,898) ($94,898) 116.4 Increase funds to increase the school year by 10 days from 170 days to 180 days. Lottery Proceeds $12,915,130 $12,915,130 $12,915,130 $12,915,130 116.5 Increase funds for transportation. Lottery Proceeds $232,802 $232,802 $232,802 $232,802 116.100 -Pre-Kindergarten Program Appropriation (HB 106) 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 $312,173,630 $312,173,630 $312,173,630 $312,173,630 Lottery Proceeds $312,173,630 $312,173,630 $312,173,630 $312,173,630 TOTAL FEDERAL FUNDS $218,000 $218,000 $218,000 $218,000 Federal Funds Not Itemized $218,000 $218,000 $218,000 $218,000 TOTAL PUBLIC FUNDS $312,391,630 $312,391,630 $312,391,630 $312,391,630 THURSDAY, MARCH 28, 2013 3263 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 $0 $0 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $41,000 $27,689,809 117.100 -Quality Initiatives Appropriation (HB 106) 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 $27,506,935 $3,506,935 $24,000,000 $141,874 $131,874 $131,874 $10,000 $10,000 $41,000 $41,000 3264 JOURNAL OF THE SENATE Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $41,000 $27,689,809 $41,000 $27,689,809 $41,000 $27,689,809 $41,000 $27,689,809 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $40,617,320 $40,617,320 $40,617,320 $33,779,876 $33,779,876 $33,779,876 $6,837,444 $6,837,444 $6,837,444 $659,400 $659,400 $659,400 $659,400 $659,400 $659,400 $41,276,720 $41,276,720 $41,276,720 $40,617,320 $33,779,876 $6,837,444 $659,400 $659,400 $41,276,720 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $36,429,024 $36,431,524 $33,237,107 $33,239,607 $3,191,917 $3,191,917 $659,400 $659,400 $659,400 $659,400 $37,088,424 $37,090,924 $36,543,980 $33,352,063 $3,191,917 $659,400 $659,400 $37,203,380 $36,439,221 $33,247,304 $3,191,917 $659,400 $659,400 $37,098,621 Departmental Administration Continuation Budget The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 $4,084,460 118.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $62,262 $62,262 $62,262 $62,262 118.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($203) ($203) ($203) ($203) THURSDAY, MARCH 28, 2013 3265 118.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,587 $2,587 $2,587 118.4 Reduce funds for personnel and eliminate two vacant positions. State General Funds ($94,813) ($94,813) ($94,813) 118.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($5,044) $2,587 ($94,813) ($2,522) 118.100 -Departmental Administration Appropriation (HB 106) 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 $4,054,293 $4,054,293 $4,049,249 $4,051,771 State General Funds $4,054,293 $4,054,293 $4,049,249 $4,051,771 TOTAL PUBLIC FUNDS $4,054,293 $4,054,293 $4,049,249 $4,051,771 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 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 119.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,082 $13,082 $13,082 $13,082 119.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($16) ($16) ($16) ($16) 119.3 Reduce funds for marketing. State General Funds ($62,538) ($62,538) ($62,538) ($62,538) 3266 JOURNAL OF THE SENATE 119.100 -Film, Video, and Music Appropriation (HB 106) 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 $905,693 $905,693 $905,693 $905,693 State General Funds $905,693 $905,693 $905,693 $905,693 TOTAL PUBLIC FUNDS $905,693 $905,693 $905,693 $905,693 Global Commerce Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 $10,292,005 120.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $109,050 $109,050 $109,050 120.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($639) ($639) ($639) 120.3 Reduce funds for marketing. State General Funds ($100,000) ($100,000) ($100,000) 120.4 Reduce funds for contracts. State General Funds ($65,000) ($65,000) ($65,000) 120.5 Reflect reduction in the contract for the Agricultural Innovation Center. State General Funds $109,050 ($639) ($100,000) ($65,000) ($89,781) THURSDAY, MARCH 28, 2013 3267 120.100 -Global Commerce Appropriation (HB 106) 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 $10,235,416 $10,235,416 $10,235,416 $10,145,635 State General Funds $10,235,416 $10,235,416 $10,235,416 $10,145,635 TOTAL PUBLIC FUNDS $10,235,416 $10,235,416 $10,235,416 $10,145,635 Innovation and Technology Continuation Budget The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS $14,347,266 $7,509,822 $6,837,444 $14,347,266 $14,347,266 $7,509,822 $6,837,444 $14,347,266 $14,347,266 $7,509,822 $6,837,444 $14,347,266 $14,347,266 $7,509,822 $6,837,444 $14,347,266 121.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $12,780 $12,780 $12,780 $12,780 121.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($42) ($42) ($42) ($42) 121.3 Reduce funds for the Georgia Research Alliance. State General Funds ($180,849) ($180,849) ($180,849) ($180,849) 121.4 Reduce funds for Regional Cancer Coalitions ($37,260) and Georgia Research Alliance administration ($14,780). Tobacco Settlement Funds ($52,040) ($52,040) ($52,040) ($52,040) 121.5 Reduce funds for the Tumor Tissue Bank. Tobacco Settlement Funds ($124,595) ($124,595) ($124,595) ($124,595) 3268 JOURNAL OF THE SENATE 121.6 Reduce funds for Distinguished Cancer Clinicians and Scientists (DCCS) to fund only existing DCCS obligations. Tobacco Settlement Funds ($1,989,152) ($1,989,152) ($1,989,152) ($1,989,152) 121.7 Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) ($275,000) and Regional Cancer Coalitions ($1,204,740). Tobacco Settlement Funds ($1,479,740) ($1,479,740) ($1,479,740) ($1,479,740) 121.100 -Innovation and Technology Appropriation (HB 106) 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 $10,533,628 $10,533,628 $10,533,628 $10,533,628 State General Funds $7,341,711 $7,341,711 $7,341,711 $7,341,711 Tobacco Settlement Funds $3,191,917 $3,191,917 $3,191,917 $3,191,917 TOTAL PUBLIC FUNDS $10,533,628 $10,533,628 $10,533,628 $10,533,628 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 PUBLIC FUNDS $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 $916,860 122.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $16,068 $16,068 $16,068 $16,068 122.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($58) ($58) ($58) ($58) 122.3 Reduce funds for operations. State General Funds ($20,868) ($20,868) ($20,868) ($20,868) THURSDAY, MARCH 28, 2013 3269 122.100 -Small and Minority Business Development Appropriation (HB 106) 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 $912,002 $912,002 $912,002 $912,002 State General Funds $912,002 $912,002 $912,002 $912,002 TOTAL PUBLIC FUNDS $912,002 $912,002 $912,002 $912,002 Tourism Continuation Budget The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 $9,310,394 123.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $85,756 $85,756 $85,756 $85,756 123.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($642) ($642) ($642) ($642) 123.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds ($74,100) ($74,100) ($74,100) ($74,100) 123.4 Reduce funds for contracts. State General Funds ($19,882) ($19,882) ($19,882) ($19,882) 123.5 Reduce funds for marketing. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 3270 JOURNAL OF THE SENATE 123.6 Increase funds for the Historic Chattahoochee Commission. State General Funds 123.7 Increase funds for the Civil War Commission. State General Funds 123.8 Increase funds for sponsorship of special education programming. State General Funds $2,500 $0 $2,500 $20,000 $0 $100,000 $100,000 123.100 -Tourism Appropriation (HB 106) 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 $9,201,526 $9,204,026 $9,321,526 $9,304,026 State General Funds $9,201,526 $9,204,026 $9,321,526 $9,304,026 TOTAL PUBLIC FUNDS $9,201,526 $9,204,026 $9,321,526 $9,304,026 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 $578,689 $578,689 $659,400 $659,400 $1,238,089 $578,689 $578,689 $659,400 $659,400 $1,238,089 $578,689 $578,689 $659,400 $659,400 $1,238,089 124.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $7,777 $7,777 $7,777 $578,689 $578,689 $659,400 $659,400 $1,238,089 $7,777 124.100 -Arts, Georgia Council for the Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3271 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $586,466 $586,466 $659,400 $659,400 $1,245,866 $586,466 $586,466 $659,400 $659,400 $1,245,866 $586,466 $586,466 $659,400 $659,400 $1,245,866 $586,466 $586,466 $659,400 $659,400 $1,245,866 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 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 $132,481 125.1 Eliminate funds. State General Funds ($132,481) ($132,481) ($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 $7,168,032,040 $7,168,032,040 $7,168,032,040 $7,168,032,040 $7,168,032,040 $7,168,032,040 $1,754,515,336 $1,754,515,336 $1,754,515,336 $1,754,515,336 $1,754,515,336 $1,754,515,336 $3,713,178 $3,713,178 $3,713,178 $1,109,438 $1,109,438 $1,109,438 $1,109,438 $1,109,438 $1,109,438 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $828,560 $828,560 $828,560 $828,560 $828,560 $828,560 $1,475,180 $1,475,180 $1,475,180 $1,475,180 $1,475,180 $1,475,180 $8,926,260,554 $8,926,260,554 $8,926,260,554 $7,168,032,040 $7,168,032,040 $1,754,515,336 $1,754,515,336 $3,713,178 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,475,180 $1,475,180 $8,926,260,554 3272 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized 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 $7,407,799,810 $7,404,149,772 $7,407,799,810 $7,404,149,772 $1,754,515,336 $1,754,515,336 $1,754,515,336 $1,754,515,336 $3,713,178 $3,713,178 $1,109,438 $1,109,438 $1,109,438 $1,109,438 $300,000 $300,000 $300,000 $300,000 $828,560 $828,560 $828,560 $828,560 $1,475,180 $1,475,180 $1,475,180 $1,475,180 $9,166,028,324 $9,162,378,286 $7,408,107,606 $7,408,107,606 $1,754,515,336 $1,754,515,336 $4,232,953 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,994,955 $1,994,955 $9,166,855,895 $7,409,293,094 $7,409,293,094 $1,754,515,336 $1,754,515,336 $4,232,953 $1,109,438 $1,109,438 $300,000 $300,000 $828,560 $828,560 $1,994,955 $1,994,955 $9,168,041,383 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 PUBLIC FUNDS $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 $7,650,509 126.1 Reduce funds for the Extended Day/Year program. (H and CC:Reduce funds) State General Funds ($90,377) ($45,189) ($45,189) ($45,189) 126.2 Reduce funds for Area Teachers. (H and CC:Reduce funds) State General Funds ($44,647) ($22,323) ($22,323) ($22,323) 126.3 Reduce funds for Young Farmers. (H and CC:Reduce funds) State General Funds ($80,051) ($40,025) ($40,025) ($40,025) THURSDAY, MARCH 28, 2013 3273 126.4 Reduce for Youth Camps. (H and CC:Reduce funds) State General Funds ($14,440) ($7,220) ($7,220) ($7,220) 126.5 Transfer funds from the Central Office program to the Agricultural Education program for administrative staff. State General Funds $345,157 $345,157 $345,157 $345,157 126.6 Transfer funds from the Technology/Career Education program to the Agricultural Education program. State General Funds $124,318 $124,318 126.100 -Agricultural Education Appropriation (HB 106) 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 $7,766,151 $7,880,909 $8,005,227 $8,005,227 State General Funds $7,766,151 $7,880,909 $8,005,227 $8,005,227 TOTAL PUBLIC FUNDS $7,766,151 $7,880,909 $8,005,227 $8,005,227 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 $30,301,129 $30,301,129 $55,540,713 $55,540,713 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 $30,301,129 $30,301,129 $55,540,713 $55,540,713 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 $30,301,129 $30,301,129 $55,540,713 $55,540,713 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 $30,301,129 $30,301,129 $55,540,713 $55,540,713 $919,031 $619,031 $619,031 $300,000 $300,000 $86,760,873 128.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $409,488 $409,488 $409,488 $409,488 3274 JOURNAL OF THE SENATE 128.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $43,255 $43,255 $43,255 $43,255 128.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,688 $4,688 $4,688 $4,688 128.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $39,176 $39,176 $39,176 $39,176 128.5 Reduce funds for personnel and eliminate one filled position. State General Funds ($283,953) ($283,953) ($283,953) ($283,953) 128.6 Reduce funds for personnel to eliminate two vacant positions in Charter School Administration. State General Funds ($95,824) ($95,824) ($95,824) ($95,824) 128.7 Reduce funds for the School Nurse Coordinator to reflect projected expenditures. State General Funds ($18,077) ($18,077) ($18,077) ($18,077) 128.8 Reduce funds for operations. State General Funds ($41,447) ($41,447) ($41,447) ($41,447) 128.9 Reduce funds for travel based on prior years' expenditures. State General Funds ($20,099) ($20,099) ($20,099) ($20,099) 128.10 Reduce funds for telecommunications by eliminating landlines for 94 staff employees who have business cell phones. State General Funds ($31,584) ($31,584) ($31,584) ($31,584) 128.11 Reduce funds for the Superintendent's Leadership Program. State General Funds ($44,597) $0 ($44,597) $0 128.12 Reduce funds for the American Association of Adapted Sports Program. State General Funds ($40,000) $0 $0 $0 THURSDAY, MARCH 28, 2013 3275 128.13 Reduce funds for State Schools Administration based on prior year expenditures. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 128.14 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for the Discovery Education contract. State General Funds ($961,565) ($961,565) ($721,174) ($961,565) 128.15 Transfer funds from the Department of Education to the Office of Student Achievement for technology for the Reading Mentors program. State General Funds ($396,824) ($396,824) ($396,824) ($396,824) 128.16 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($69,490) ($34,745) 128.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($6,207) 128.97 Transfer funds and administrative staff from the Central Office program and create a new "Business and Finance Administration" program. (Total Funds: $7,393,641)(G:YES)(H:YES)(S:YES) State General Funds Federal Funds Not Itemized Reserved Fund Balances Not Itemized Total Public Funds: ($7,106,636) ($137,890) ($149,115) ($7,393,641) ($7,106,636) ($137,890) ($149,115) ($7,393,641) ($7,106,636) ($137,890) ($149,115) ($7,393,641) ($7,106,636) ($137,890) ($149,115) ($7,393,641) 128.98 Transfer the following program administrative staff from Central Office to their respective program: Agriculture Education, Charter Schools, Curriculum, Federal Programs, Information Technology, Nutrition, School Improvement, Technology/Career Education, and Testing. State General Funds Contributions, Donations, and Forfeitures Not Itemized Federal Funds Not Itemized Total Public Funds: ($17,962,336) ($619,031) ($33,403,236) ($51,984,603) ($17,962,336) ($619,031) ($33,403,236) ($51,984,603) ($17,962,336) ($619,031) ($33,403,236) ($51,984,603) ($17,962,336) ($619,031) ($33,403,236) ($51,984,603) 3276 JOURNAL OF THE SENATE 128.100 -Central Office Appropriation (HB 106) 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 $3,774,794 $3,859,391 $3,985,695 $3,818,439 State General Funds $3,774,794 $3,859,391 $3,985,695 $3,818,439 TOTAL FEDERAL FUNDS $21,999,587 $21,999,587 $21,999,587 $21,999,587 Federal Funds Not Itemized $21,999,587 $21,999,587 $21,999,587 $21,999,587 TOTAL AGENCY FUNDS $150,885 $150,885 $150,885 $150,885 Reserved Fund Balances $150,885 $150,885 $150,885 $150,885 Reserved Fund Balances Not Itemized $150,885 $150,885 $150,885 $150,885 TOTAL PUBLIC FUNDS $25,925,266 $26,009,863 $26,136,167 $25,968,911 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 $1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876 $1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876 $1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876 $1,993,546 $1,993,546 $7,001,330 $7,001,330 $8,994,876 129.1 Reduce funds for planning grants. (H:Eliminate funds for planning grants)(S:Utilize funds for assistance to charter school and charter system planning, development and implementation of best practices across systems pursuant to recommendation of Charter Advisory Committee OCGA 20-2-2063.1) State General Funds ($5,000) ($90,000) $0 ($5,000) 129.2 Reduce funds for facility grants. (S:Reduce funds due to the availability of capital revenue for state charter schools and state chartered special schools per HB797 (2012 Session))(CC:Provide facility funding for local start-up charter schools) State General Funds ($54,806) ($54,806) ($1,903,546) ($335,000) 129.3 Transfer funds from the Central Office program to the Charter Schools program for administrative staff. State General Funds $347,744 $347,744 $347,744 $347,744 THURSDAY, MARCH 28, 2013 3277 129.4 Per HR1162 and HB797, it is the intent of the Governor and the General Assembly that state chartered special schools submit petitions to the State Charter Schools Commission. (CC:YES) State General Funds $0 129.100 -Charter Schools Appropriation (HB 106) The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities. TOTAL STATE FUNDS $2,281,484 $2,196,484 $437,744 $2,001,290 State General Funds $2,281,484 $2,196,484 $437,744 $2,001,290 TOTAL FEDERAL FUNDS $7,001,330 $7,001,330 $7,001,330 $7,001,330 Federal Funds Not Itemized $7,001,330 $7,001,330 $7,001,330 $7,001,330 TOTAL PUBLIC FUNDS $9,282,814 $9,197,814 $7,439,074 $9,002,620 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 $933,100 $933,100 $933,100 ($27,993) $0 $933,100 $933,100 $933,100 $0 $933,100 $933,100 $933,100 $0 130.100 -Communities in Schools Appropriation (HB 106) 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 $905,107 $933,100 $933,100 $933,100 State General Funds $905,107 $933,100 $933,100 $933,100 TOTAL PUBLIC FUNDS $905,107 $933,100 $933,100 $933,100 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. 3278 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 $1,232,744 131.1 Reduce funds for contracts. State General Funds ($212,907) ($212,907) ($212,907) ($212,907) 131.2 Transfer funds from the Department of Education to the University System of Georgia for GALILEO. State General Funds ($125,512) ($125,512) ($125,512) ($125,512) 131.3 Transfer funds from the Central Office program to the Curriculum Development program for administrative staff. State General Funds Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Total Public Funds: $2,614,113 $1,099,020 $619,031 $4,332,164 $2,614,113 $1,099,020 $619,031 $4,332,164 $2,614,113 $1,099,020 $619,031 $4,332,164 $2,614,113 $1,099,020 $619,031 $4,332,164 131.4 Transfer funds from the Department of Education to the University System of Georgia for the SIRS Discovery subscription. State General Funds ($106,790) ($106,790) ($106,790) 131.100 -Curriculum Development Appropriation (HB 106) 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 $3,508,438 $3,401,648 $3,401,648 $3,401,648 State General Funds $3,508,438 $3,401,648 $3,401,648 $3,401,648 TOTAL FEDERAL FUNDS $1,099,020 $1,099,020 $1,099,020 $1,099,020 Federal Funds Not Itemized $1,099,020 $1,099,020 $1,099,020 $1,099,020 TOTAL AGENCY FUNDS $619,031 $619,031 $619,031 $619,031 Contributions, Donations, and Forfeitures $619,031 $619,031 $619,031 $619,031 Contributions, Donations, and Forfeitures Not Itemized $619,031 $619,031 $619,031 $619,031 TOTAL PUBLIC FUNDS $5,226,489 $5,119,699 $5,119,699 $5,119,699 Federal Programs Continuation Budget The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. THURSDAY, MARCH 28, 2013 3279 TOTAL STATE FUNDS TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $1,072,513,107 $1,072,513,107 $1,072,513,107 $0 $1,072,513,107 $1,072,513,107 $1,072,513,107 $0 $1,072,513,107 $1,072,513,107 $1,072,513,107 $0 $1,072,513,107 $1,072,513,107 $1,072,513,107 132.1 Transfer funds from the Central Office program to the Federal Programs program for administrative staff. Federal Funds Not Itemized $11,728,068 $11,728,068 $11,728,068 $11,728,068 132.2 Transfer funds from the Georgia Learning Resource System program to the Federal Programs program for the Georgia Learning Resource Center. Federal Funds Not Itemized $6,300,860 $6,300,860 $6,300,860 $6,300,860 132.100 -Federal Programs Appropriation (HB 106) 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 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 $1,090,542,035 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 $6,300,860 $6,300,860 $6,300,860 $0 $0 $6,300,860 $6,300,860 $6,300,860 $0 $0 $6,300,860 $6,300,860 $6,300,860 $0 $0 $6,300,860 $6,300,860 $6,300,860 133.1 Transfer funds from the Georgia Learning Resource System program to the Federal Programs program for the Georgia Learning Resource Center. Federal Funds Not Itemized ($6,300,860) ($6,300,860) ($6,300,860) ($6,300,860) 3280 JOURNAL OF THE SENATE 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 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 $4,705,955 $4,705,955 $1,371,025 $1,371,025 $1,371,025 $6,076,980 134.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,531 $2,531 $2,531 $2,531 134.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $1,573 $1,573 $1,573 $1,573 134.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $23 $23 $23 $23 134.4 Reduce funds for contracts. State General Funds ($141,179) ($141,179) ($141,179) ($141,179) 134.5 Reduce funds for the transfer of course development for FY2014 to FY2015. State General Funds ($1,000,000) ($1,000,000) ($1,500,000) 134.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($51) 134.100 -Georgia Virtual School Appropriation (HB 106) The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover THURSDAY, MARCH 28, 2013 3281 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 $4,568,903 $3,568,903 $3,568,903 $3,068,852 State General Funds $4,568,903 $3,568,903 $3,568,903 $3,068,852 TOTAL AGENCY FUNDS $1,371,025 $1,371,025 $1,371,025 $1,371,025 Sales and Services $1,371,025 $1,371,025 $1,371,025 $1,371,025 Sales and Services Not Itemized $1,371,025 $1,371,025 $1,371,025 $1,371,025 TOTAL PUBLIC FUNDS $5,939,928 $4,939,928 $4,939,928 $4,439,877 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 Eliminate funds for the Georgia Youth Science and Technology Program. (H and S:Reduce funds ($94,000) and transfer remaining funds to the Board of Regents ($50,000)) State General Funds ($144,000) ($144,000) ($144,000) ($144,000) Governor's Honors Program Continuation Budget The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 $959,839 136.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,114 $2,114 $2,114 $2,114 136.2 Increase funds to reflect an adjustment in telecommunications expenses. 3282 JOURNAL OF THE SENATE State General Funds $20 136.3 Reduce funds for operations. State General Funds ($28,795) 136.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $20 $20 $0 ($14,398) $20 $0 ($39) 136.100 -Governor's Honors Program Appropriation (HB 106) 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 $933,178 $961,973 $947,575 $961,934 State General Funds $933,178 $961,973 $947,575 $961,934 TOTAL PUBLIC FUNDS $933,178 $961,973 $947,575 $961,934 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 Transfer funds from the Central Office program to the Information Technology Services program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $10,143,927 $101,170 $10,245,097 $10,143,927 $101,170 $10,245,097 $10,143,927 $101,170 $10,245,097 $10,143,927 $101,170 $10,245,097 137.2 Increase funds for information technology for critical infrastructure upgrades in Internal Technology. State General Funds $1,683,217 $1,683,217 $1,683,217 $1,683,217 137.3 Increase funds for personnel for four positions on the Longitudinal Data System Training Team. State General Funds $435,091 $435,091 $435,091 $435,091 THURSDAY, MARCH 28, 2013 3283 137.4 Increase funds for training and operations in Data Collections. State General Funds $42,500 137.5 Increase funds for personnel for three positions in Data Collections. State General Funds $400,846 $42,500 $400,846 $42,500 $400,846 $42,500 $400,846 137.100 -Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS $16,027,384 $16,027,384 State General Funds $16,027,384 $16,027,384 TOTAL FEDERAL FUNDS $101,170 $101,170 Federal Funds Not Itemized $101,170 $101,170 TOTAL PUBLIC FUNDS $16,128,554 $16,128,554 Appropriation (HB 106) $16,027,384 $16,027,384 $101,170 $101,170 $16,128,554 $16,027,384 $16,027,384 $101,170 $101,170 $16,128,554 Non Quality Basic Education Formula Grants Continuation Budget The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 $6,462,668 138.1 Eliminate funds for Sparsity Grants and transfer savings from the Non Quality Basic Education Formula Grants program to the Quality Basic Education Program. (H and S:Direct the Department of Education to study and evaluate the need for a Sparsity Grant program) State General Funds ($2,631,275) $0 $0 $0 138.2 Increase funds for a revised allocation methodology that provides special education funding to all students served in Residential Treatment Facilities and provide a midterm adjustment in Amended FY2014 for enrollment and programmatic changes for Devereux Ackerman Academy and Murphy-Harpst Academy. State General Funds $291,361 $0 $291,361 3284 JOURNAL OF THE SENATE 138.98 Change the name of the Non Quality Basic Education Formula Grants program to the Residential Treatment Facilities program. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 $0 138.99 CC: 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. Gov Rev: The purpose of this appropriation is to fund the increased cost to educate children placed in residential treatment facilities. State General Funds $0 $0 $0 $0 138.100 -Non Quality Basic Education Formula Grants Appropriation (HB 106) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $3,831,393 $6,754,029 $6,462,668 $6,754,029 State General Funds $3,831,393 $6,754,029 $6,462,668 $6,754,029 TOTAL PUBLIC FUNDS $3,831,393 $6,754,029 $6,462,668 $6,754,029 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 $22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435 $22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435 $22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435 $22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435 139.1 Reduce funds to the Nutrition program by not reimbursing sick days paid for managers and non-managers through the state nutrition formula. (H:Reduce funds for the school lunch program) THURSDAY, MARCH 28, 2013 3285 State General Funds ($1,306,720) ($677,796) $0 139.2 Transfer funds from the Central Office program to the Nutrition program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $254,090 $8,887,616 $9,141,706 $254,090 $8,887,616 $9,141,706 $254,090 $8,887,616 $9,141,706 $0 $254,090 $8,887,616 $9,141,706 139.100 -Nutrition Appropriation (HB 106) 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 $21,540,593 $22,169,517 $22,847,313 $22,847,313 State General Funds $21,540,593 $22,169,517 $22,847,313 $22,847,313 TOTAL FEDERAL FUNDS $583,775,828 $583,775,828 $583,775,828 $583,775,828 Federal Funds Not Itemized $583,775,828 $583,775,828 $583,775,828 $583,775,828 TOTAL PUBLIC FUNDS $605,316,421 $605,945,345 $606,623,141 $606,623,141 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 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 $28,412,355 140.1 Increase funds for enrollment growth. State General Funds $763,969 $763,969 $763,969 $763,969 140.100 -Preschool Handicapped Appropriation (HB 106) The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. TOTAL STATE FUNDS $29,176,324 $29,176,324 $29,176,324 $29,176,324 State General Funds $29,176,324 $29,176,324 $29,176,324 $29,176,324 TOTAL PUBLIC FUNDS $29,176,324 $29,176,324 $29,176,324 $29,176,324 3286 JOURNAL OF THE SENATE Quality Basic Education Equalization Continuation Budget 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 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 $436,158,587 141.1 Increase funds for the Equalization Grant to fully fund the formula as set in HB824 (2012 Session). State General Funds $40,964,947 $38,275,147 $38,275,147 $38,275,147 141.100 -Quality Basic Education Equalization Appropriation (HB 106) 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 $477,123,534 $474,433,734 $474,433,734 $474,433,734 State General Funds $477,123,534 $474,433,734 $474,433,734 $474,433,734 TOTAL PUBLIC FUNDS $477,123,534 $474,433,734 $474,433,734 $474,433,734 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) 142.1 Reduce funds for the Local Five Mill Fair Share. (H and S:Adjust funds for the Local Five Mill Share) State General Funds ($5,370,665) ($5,288,314) ($5,288,314) ($5,288,314) 142.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 106) 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 ($1,702,875,395) ($1,702,793,044) ($1,702,793,044) ($1,702,793,044) THURSDAY, MARCH 28, 2013 3287 State General Funds TOTAL PUBLIC FUNDS ($1,702,875,395) ($1,702,793,044) ($1,702,793,044) ($1,702,793,044) ($1,702,875,395) ($1,702,793,044) ($1,702,793,044) ($1,702,793,044) 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 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 $8,183,012,037 143.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $56,442,133 $56,135,736 $56,135,736 $56,135,736 143.2 Reduce funds for School Counselors based on recommendations by the State Education Finance Study Commission. State General Funds ($898,952) ($854,439) ($854,439) ($854,439) 143.3 Increase funds for School Nurses based on recommendations by the State Education Finance Study Commission. State General Funds $2,577,745 $3,167,313 $2,577,745 $2,577,745 143.4 Increase funds for Professional Development based on recommendations by the State Education Finance Study Commission. State General Funds $759,393 $759,393 $759,393 $759,393 143.5 Increase funds to hold harmless Central Operation Redirect to Classroom Technology based on recommendations by the State Education Finance Study Commission. State General Funds $183,574 $183,533 $183,533 $183,533 143.6 Increase funds to cover 1.36% enrollment growth and training and experience. State General Funds $147,352,939 $146,583,599 $146,583,599 $146,583,599 143.7 Increase funds for the Quality Basic Education Program by transferring savings from Sparsity Grants from the Non Quality Basic Education Formula Grants program. State General Funds $2,631,275 $0 $0 $0 3288 JOURNAL OF THE SENATE 143.8 Transfer funds in current formula earnings in central administration operations to classroom technology and increase the per FTE earnings from $15.39 to $16.15 based on recommendations by the State Education Finance Study Commission and fund with savings from the redirection of Education Technology Center funding into the Quality Basic Education Program. (H and S:NO; redirect $15.39/FTE from central operations administration to classroom technology as recommended by the State Education Finance Study Commission) State General Funds $1,276,493 $0 $0 $0 143.9 Increase funds to meet projected need for Special Needs Scholarships. State General Funds $778,118 $52,247 $52,247 $52,247 143.10 Increase funds to provide differentiated pay for newly certified math and science teachers. (H and S:Adjust funds for differentiated pay for newly certified math and science teachers and reflect adjusted benefit rate due to the transition from calculating health insurance as a percent of payroll to per member per month rate) State General Funds $2,574 ($1,996,524) ($1,996,524) ($1,996,524) 143.11 Increase funds for grants to charter systems that are within their initial contract per HB283 (2013 Session). (S and CC:Increase funds for charter system per OCGA 20-2-165.1, reflected in HB283 (2013 session)) State General Funds $1,391,678 $7,199,479 $7,199,479 143.12 Reflect the full health insurance earnings in QBE for SHBP by increasing the per member, per month billings for certificated school service personnel from $912.34 to $1,016.39 to mitigate a mid-year employer rate increase for health benefits. (H:YES)(S:NO)(CC:Increase funds to reflect an increase in per member per month billings for certificated school service personnel from $912.34 to $945.00, effective July 2013, and plan for a potential employer increase mid-year) State General Funds $0 $0 $0 143.13 Transfer funds from the Quality Basic Education program to the new Quality Basic Education Teacher Health Insurance program for health insurance of certified employees. (CC:NO) State General Funds ($1,102,878,079) $0 143.100 -Quality Basic Education Program Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3289 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,394,117,329 $8,388,434,573 $7,290,774,727 $8,393,652,806 $8,394,117,329 $8,388,434,573 $7,290,774,727 $8,393,652,806 $8,394,117,329 $8,388,434,573 $7,290,774,727 $8,393,652,806 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 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 $8,510,812 144.1 Reduce funds for operations. State General Funds ($205,995) ($85,108) ($85,108) ($85,108) 144.2 Reduce funds for Education Technology Center from the Regional Education Agencies program and transfer savings for classroom technology in the Quality Basic Education Program. State General Funds ($1,279,927) $0 $0 $0 144.100 -Regional Education Service Agencies Appropriation (HB 106) 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 $7,024,890 $8,425,704 $8,425,704 $8,425,704 State General Funds $7,024,890 $8,425,704 $8,425,704 $8,425,704 TOTAL PUBLIC FUNDS $7,024,890 $8,425,704 $8,425,704 $8,425,704 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 $5,199,064 $5,199,064 $5,199,064 $5,199,064 State General Funds $5,199,064 $5,199,064 $5,199,064 $5,199,064 TOTAL PUBLIC FUNDS $5,199,064 $5,199,064 $5,199,064 $5,199,064 3290 JOURNAL OF THE SENATE 145.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $68,967 $68,967 $68,967 $68,967 145.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $10,297 $10,297 $10,297 $10,297 145.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $58 $58 $58 $58 145.4 Transfer funds from the Central Office program to the School Improvement program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $679,446 $7,759,750 $8,439,196 $679,446 $7,759,750 $8,439,196 $679,446 $7,759,750 $8,439,196 $679,446 $7,759,750 $8,439,196 145.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($358) 145.100 -School Improvement Appropriation (HB 106) 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 $5,957,832 $5,957,832 $5,957,832 $5,957,474 State General Funds $5,957,832 $5,957,832 $5,957,832 $5,957,474 TOTAL FEDERAL FUNDS $7,759,750 $7,759,750 $7,759,750 $7,759,750 Federal Funds Not Itemized $7,759,750 $7,759,750 $7,759,750 $7,759,750 TOTAL PUBLIC FUNDS $13,717,582 $13,717,582 $13,717,582 $13,717,224 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. THURSDAY, MARCH 28, 2013 3291 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 146.1 Reduce funds based on declining enrollment. State General Funds $62,113,005 $62,113,005 $7,908,992 $7,908,992 $70,021,997 $62,113,005 $62,113,005 $7,908,992 $7,908,992 $70,021,997 $62,113,005 $62,113,005 $7,908,992 $7,908,992 $70,021,997 $62,113,005 $62,113,005 $7,908,992 $7,908,992 $70,021,997 ($2,009,258) ($2,009,258) ($2,009,258) ($2,009,258) 146.100 -Severely Emotionally Disturbed Appropriation (HB 106) 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 $60,103,747 $60,103,747 $60,103,747 $60,103,747 State General Funds $60,103,747 $60,103,747 $60,103,747 $60,103,747 TOTAL FEDERAL FUNDS $7,908,992 $7,908,992 $7,908,992 $7,908,992 Federal Funds Not Itemized $7,908,992 $7,908,992 $7,908,992 $7,908,992 TOTAL PUBLIC FUNDS $68,012,739 $68,012,739 $68,012,739 $68,012,739 State Charter School Commission Administration Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 147.1 Utilize revenue from State Chartered Special Schools to fund personnel and operations. (G:YES)(H:YES)(S:YES)(CC:YES) Sales and Services Not Itemized $519,775 $519,775 147.99 CC: The purpose of this appropriation is to focus on 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. Senate: The purpose of this appropriation is to focus on 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. 3292 JOURNAL OF THE SENATE House: The purpose of this appropriation is to focus on 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. Gov Rev: The purpose of this appropriation is to focus on 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. State General Funds $0 $0 $0 $0 147.100 -State Charter School Commission Administration Appropriation (HB 106) The purpose of this appropriation is to focus on 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. TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $519,775 $519,775 $519,775 $519,775 $519,775 $519,775 $0 $0 $519,775 $519,775 State Interagency Transfers Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305 $8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305 $8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305 $8,497,963 $8,497,963 $3,958,342 $3,958,342 $12,456,305 148.1 Reduce funds for the transfer to Teachers' Retirement System of Georgia to reflect projected expenditures. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) THURSDAY, MARCH 28, 2013 3293 148.100 -State Interagency Transfers Appropriation (HB 106) 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 $8,097,963 $8,097,963 $8,097,963 $8,097,963 State General Funds $8,097,963 $8,097,963 $8,097,963 $8,097,963 TOTAL FEDERAL FUNDS $3,958,342 $3,958,342 $3,958,342 $3,958,342 Federal Funds Not Itemized $3,958,342 $3,958,342 $3,958,342 $3,958,342 TOTAL PUBLIC FUNDS $12,056,305 $12,056,305 $12,056,305 $12,056,305 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 $24,244,124 $24,244,124 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $25,667,246 $24,244,124 $24,244,124 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $25,667,246 $24,244,124 $24,244,124 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $25,667,246 $24,244,124 $24,244,124 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $25,667,246 149.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $318,638 $318,638 $318,638 $318,638 149.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $18,813 $18,813 $18,813 $18,813 149.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,559 $1,559 $1,559 $1,559 3294 JOURNAL OF THE SENATE 149.4 Increase funds for training and experience. State General Funds 149.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $412,552 $412,552 $412,552 ($16,113) 149.100 -State Schools Appropriation (HB 106) 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 $24,583,134 $24,995,686 $24,995,686 $24,979,573 State General Funds $24,583,134 $24,995,686 $24,995,686 $24,979,573 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 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $26,006,256 $26,418,808 $26,418,808 $26,402,695 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 $14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075 $14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075 $14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075 $14,059,152 $14,059,152 $16,012,923 $16,012,923 $30,072,075 150.1 Reduce funds for the Extended Day/Year program. State General Funds ($421,775) $0 $0 $0 THURSDAY, MARCH 28, 2013 3295 150.2 Transfer funds from the Central Office program to the Technology/Career Education program for administrative staff. State General Funds Federal Funds Not Itemized Total Public Funds: $1,602,864 $79,056 $1,681,920 $1,602,864 $79,056 $1,681,920 $1,602,864 $79,056 $1,681,920 $1,602,864 $79,056 $1,681,920 150.3 Reduce funds. State General Funds ($210,887) ($210,887) ($210,887) 150.4 Transfer funds from the Technology/Career Education program to the Agricultural Education program. State General Funds ($124,318) ($124,318) 150.100 -Technology/Career Education Appropriation (HB 106) 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 $15,240,241 $15,451,129 $15,326,811 $15,326,811 State General Funds $15,240,241 $15,451,129 $15,326,811 $15,326,811 TOTAL FEDERAL FUNDS $16,091,979 $16,091,979 $16,091,979 $16,091,979 Federal Funds Not Itemized $16,091,979 $16,091,979 $16,091,979 $16,091,979 TOTAL PUBLIC FUNDS $31,332,220 $31,543,108 $31,418,790 $31,418,790 Testing Continuation Budget The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066 $13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066 $13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066 $13,479,209 $13,479,209 $10,390,857 $10,390,857 $23,870,066 151.1 Transfer funds from the Central Office program to the Testing program for administrative staff. State General Funds $1,974,995 $1,974,995 $1,974,995 $1,974,995 3296 JOURNAL OF THE SENATE Federal Funds Not Itemized Total Public Funds: $3,748,556 $5,723,551 $3,748,556 $5,723,551 $3,748,556 $5,723,551 $3,748,556 $5,723,551 151.100 -Testing Appropriation (HB 106) 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 $15,454,204 $15,454,204 $15,454,204 $15,454,204 State General Funds $15,454,204 $15,454,204 $15,454,204 $15,454,204 TOTAL FEDERAL FUNDS $14,139,413 $14,139,413 $14,139,413 $14,139,413 Federal Funds Not Itemized $14,139,413 $14,139,413 $14,139,413 $14,139,413 TOTAL PUBLIC FUNDS $29,593,617 $29,593,617 $29,593,617 $29,593,617 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 $1,551,946 152.100 -Tuition for Multi-Handicapped Appropriation (HB 106) 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 Quality Basic Education Teacher Health Insurance Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 THURSDAY, MARCH 28, 2013 3297 363.1 Transfer funds from the Quality Basic Education (QBE) program to the Quality Basic Education Teacher Health Insurance program to recognize the state fund portion of the employer share of earned certificated employees in the QBE program. (CC:NO) State General Funds $1,102,878,079 $0 363.99 CC: The purpose of this appropriation is to provide the employer share of the healthcare benefit for certificated school employees that generate earnings in the Quality Basic Education Program, a rate of which is established by the Department of Community Health on a per member per month basis which shall be billed to local educational agencies. Senate: The purpose of this appropriation is to provide the employer share of the healthcare benefit for certificated school employees that generate earnings in the Quality Basic Education Program, a rate of which is established by the Department of Community Health on a per member per month basis which shall be billed to local educational agencies. State General Funds $0 $0 363.100 -Quality Basic Education Teacher Health Insurance Appropriation (HB 106) The purpose of this appropriation is to provide the employer share of the healthcare benefit for certificated school employees that generate earnings in the Quality Basic Education Program, a rate of which is established by the Department of Community Health on a per member per month basis which shall be billed to local educational agencies. TOTAL STATE FUNDS $1,102,878,079 $0 State General Funds $1,102,878,079 $0 TOTAL PUBLIC FUNDS $1,102,878,079 $0 Business and Finance Administration Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 364.1 Transfer funds and administrative staff from the Central Office program and create a new "Business and Finance Administration" program. (Total Funds: $7,393,641)(G:YES)(H:YES)(S:YES) State General Funds Reserved Fund Balances Not Itemized Federal Funds Not Itemized Total Public Funds: $7,106,636 $149,115 $137,890 $7,393,641 $7,106,636 $149,115 $137,890 $7,393,641 $7,106,636 $149,115 $137,890 $7,393,641 $7,106,636 $149,115 $137,890 $7,393,641 3298 JOURNAL OF THE SENATE 364.99 CC: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. Senate: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. House: The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. State General Funds $0 $0 $0 364.100 -Business and Finance Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support for business, finance, facilities, and pupil transportation. TOTAL STATE FUNDS $7,106,636 $7,106,636 $7,106,636 $7,106,636 State General Funds $7,106,636 $7,106,636 $7,106,636 $7,106,636 TOTAL FEDERAL FUNDS $137,890 $137,890 $137,890 $137,890 Federal Funds Not Itemized $137,890 $137,890 $137,890 $137,890 TOTAL AGENCY FUNDS $149,115 $149,115 $149,115 $149,115 Reserved Fund Balances $149,115 $149,115 $149,115 $149,115 Reserved Fund Balances Not Itemized $149,115 $149,115 $149,115 $149,115 TOTAL PUBLIC FUNDS $7,393,641 $7,393,641 $7,393,641 $7,393,641 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,430.57. 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 $26,432,022 $26,432,022 $26,432,022 $26,432,022 $26,432,022 $26,432,022 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $48,153,922 $48,153,922 $48,153,922 $26,432,022 $26,432,022 $3,508,813 $3,508,813 $3,508,813 $18,213,087 $18,213,087 $18,213,087 $48,153,922 THURSDAY, MARCH 28, 2013 3299 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 $29,051,720 $29,051,720 $29,051,720 $29,051,720 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $51,367,538 $51,367,538 $29,051,720 $29,051,720 $3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $51,367,538 $29,051,720 $29,051,720 $3,766,735 $3,766,735 $3,766,735 $18,549,083 $18,549,083 $18,549,083 $51,367,538 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 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813 $0 $0 $3,508,813 $3,508,813 $3,508,813 $3,508,813 153.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Sales and Services Not Itemized $4,922 $4,922 $4,922 $4,922 153.2 Increase funds for contracts. Sales and Services Not Itemized $253,000 $253,000 $253,000 $253,000 153.100 -Deferred Compensation Appropriation (HB 106) The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them an effective supplement for their retirement planning. TOTAL AGENCY FUNDS $3,766,735 $3,766,735 $3,766,735 $3,766,735 3300 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 $3,766,735 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 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 154.1 Increase funds for the annual required contribution in accordance with the most recent actuarial evaluation. State General Funds $188,698 $188,698 $188,698 $188,698 154.100 -Georgia Military Pension Fund Appropriation (HB 106) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,891,720 $1,891,720 $1,891,720 $1,891,720 State General Funds $1,891,720 $1,891,720 $1,891,720 $1,891,720 TOTAL PUBLIC FUNDS $1,891,720 $1,891,720 $1,891,720 $1,891,720 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 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 $24,729,000 155.1 Increase funds for the annual required contribution in accordance with the most recent actuarial evaluation. State General Funds $2,431,000 $2,431,000 $2,431,000 $2,431,000 155.100 -Public School Employees Retirement System Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3301 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $27,160,000 $27,160,000 $27,160,000 $27,160,000 $27,160,000 $27,160,000 $27,160,000 $27,160,000 $27,160,000 $27,160,000 $27,160,000 $27,160,000 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 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087 $0 $0 $18,213,087 $18,213,087 $18,213,087 $18,213,087 156.1 Reduce funds for personnel. Retirement Payments ($1,878) ($1,878) ($1,878) ($1,878) 156.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Retirement Payments $182,874 $182,874 $182,874 $182,874 156.3 Increase funds for contracts. Retirement Payments $155,000 $155,000 $155,000 $155,000 156.100 -System Administration Appropriation (HB 106) 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 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 $18,549,083 3302 JOURNAL OF THE SENATE It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 18.46% for New Plan employees and 13.71% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 15.18% 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 $692.00 per member for State Fiscal Year 2014. 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 Section Total - Continuation $30,440,883 $30,440,883 $30,440,883 $30,440,883 $30,440,883 $30,440,883 $5,994,473 $5,994,473 $5,994,473 $5,994,473 $5,994,473 $5,994,473 $6,833,695 $6,833,695 $6,833,695 $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 $33,000 $33,000 $33,000 $33,000 $33,000 $33,000 $6,675,695 $6,675,695 $6,675,695 $6,675,695 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $43,319,051 $43,319,051 $43,319,051 $30,440,883 $30,440,883 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,319,051 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 Section Total - Final $30,072,551 $30,519,203 $30,072,551 $30,519,203 $5,994,473 $5,994,473 $5,994,473 $5,994,473 $6,833,695 $6,833,695 $125,000 $125,000 $125,000 $125,000 $33,000 $33,000 $30,429,203 $30,429,203 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 $30,456,519 $30,456,519 $5,994,473 $5,994,473 $6,833,695 $125,000 $125,000 $33,000 THURSDAY, MARCH 28, 2013 3303 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 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $42,950,719 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,397,371 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,307,371 $33,000 $6,675,695 $6,675,695 $50,000 $50,000 $50,000 $43,334,687 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 $3,371,335 $3,371,335 $48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423 $3,371,335 $3,371,335 $48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423 $3,371,335 $3,371,335 $48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423 $3,371,335 $3,371,335 $48,800 $48,800 $76,288 $76,288 $76,288 $3,496,423 157.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $44,491 $44,491 $44,491 $44,491 157.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,467 $3,467 $3,467 $3,467 157.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $7,618 $7,618 $7,618 $7,618 157.4 Reduce funds for personnel to reflect projected expenditures. State General Funds ($78,648) ($78,648) ($78,648) ($78,648) 3304 JOURNAL OF THE SENATE 157.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($7,684) 157.100 -Commission Administration Appropriation (HB 106) 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 $3,348,263 $3,348,263 $48,800 $48,800 $76,288 $76,288 $76,288 $3,473,351 $3,348,263 $3,348,263 $48,800 $48,800 $76,288 $76,288 $76,288 $3,473,351 $3,348,263 $3,348,263 $48,800 $48,800 $76,288 $76,288 $76,288 $3,473,351 $3,340,579 $3,340,579 $48,800 $48,800 $76,288 $76,288 $76,288 $3,465,667 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 $2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $2,132,169 $2,132,169 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 THURSDAY, MARCH 28, 2013 3305 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $6,775,176 $50,000 $50,000 $50,000 $6,775,176 $50,000 $50,000 $50,000 $6,775,176 158.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $81,767 $81,767 $81,767 158.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $812 $812 $812 $50,000 $50,000 $50,000 $6,775,176 $81,767 $812 158.100 -Forest Management Appropriation (HB 106) 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 $2,214,748 $2,214,748 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,857,755 $2,214,748 $2,214,748 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,857,755 $2,214,748 $2,214,748 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,857,755 $2,214,748 $2,214,748 $3,565,275 $3,565,275 $1,027,732 $125,000 $125,000 $902,732 $902,732 $50,000 $50,000 $50,000 $6,857,755 3306 JOURNAL OF THE SENATE 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 $24,937,379 $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 $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 $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 $24,937,379 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $31,840,372 159.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $399,070 $399,070 $399,070 $399,070 159.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $7,669 159.3 Reduce funds for operations. State General Funds ($121,273) 159.4 Reduce funds for firefighter personnel. State General Funds ($379,297) 159.5 Reduce funds for support personnel. State General Funds ($115,683) $7,669 ($31,273) ($22,645) ($115,683) $7,669 ($121,273) ($22,645) ($115,683) $7,669 ($86,273) ($22,645) ($115,683) THURSDAY, MARCH 28, 2013 3307 159.6 Reduce funds for chief ranger personnel. State General Funds ($218,325) ($218,325) ($218,325) ($218,325) 159.100 -Forest Protection Appropriation (HB 106) 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 $24,509,540 $24,956,192 $24,866,192 $24,901,192 State General Funds $24,509,540 $24,956,192 $24,866,192 $24,901,192 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 $31,412,533 $31,859,185 $31,769,185 $31,804,185 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 3308 JOURNAL OF THE SENATE 160.100 -Tree Seedling Nursery Appropriation (HB 106) 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 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 - Continuation $57,604,463 $57,604,463 $57,604,463 $57,604,463 $57,604,463 $57,604,463 $112,177,734 $112,177,734 $112,177,734 $108,363,384 $108,363,384 $108,363,384 $3,814,350 $3,814,350 $3,814,350 $2,175,809 $2,175,809 $2,175,809 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $747,064 $747,064 $747,064 $747,064 $747,064 $747,064 $661,056 $661,056 $661,056 $661,056 $661,056 $661,056 $167,689 $167,689 $167,689 $167,689 $167,689 $167,689 $147,325 $147,325 $147,325 $147,325 $147,325 $147,325 $147,325 $147,325 $147,325 $172,105,331 $172,105,331 $172,105,331 $57,604,463 $57,604,463 $112,177,734 $108,363,384 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,105,331 THURSDAY, MARCH 28, 2013 3309 Section Total - Final TOTAL STATE FUNDS $55,707,072 $49,133,353 State General Funds $55,707,072 $49,133,353 TOTAL FEDERAL FUNDS $112,378,204 $112,378,204 Federal Funds Not Itemized $108,363,384 $108,363,384 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 FFIND Temp. Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 TOTAL AGENCY FUNDS $2,175,809 $2,175,809 Reserved Fund Balances $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 Intergovernmental Transfers $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 Rebates, Refunds, and Reimbursements $747,064 $747,064 Rebates, Refunds, and Reimbursements Not Itemized $747,064 $747,064 Sales and Services $661,056 $661,056 Sales and Services Not Itemized $661,056 $661,056 Sanctions, Fines, and Penalties $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 State Funds Transfers $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 TOTAL PUBLIC FUNDS $170,408,410 $163,834,691 $50,922,406 $50,922,406 $112,378,204 $108,363,384 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $165,623,744 $50,984,482 $50,984,482 $112,378,204 $108,363,384 $200,470 $3,814,350 $2,175,809 $500,000 $500,000 $100,000 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $165,685,820 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 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 $22,578,261 161.1 Reduce funds for the Unemployment Trust Fund loan interest payment from $19,108,685 to $12,331,991 to reflect the actual need for the interest payment due September 30, 2013. State General Funds ($6,776,694) ($6,776,694) ($6,776,694) ($6,776,694) 3310 JOURNAL OF THE SENATE 161.100 -Governor's Emergency Fund Appropriation (HB 106) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $15,801,567 $15,801,567 $15,801,567 $15,801,567 State General Funds $15,801,567 $15,801,567 $15,801,567 $15,801,567 TOTAL PUBLIC FUNDS $15,801,567 $15,801,567 $15,801,567 $15,801,567 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 $5,987,885 $5,987,885 $100,000 $100,000 $100,000 $6,087,885 $5,987,885 $5,987,885 $100,000 $100,000 $100,000 $6,087,885 $5,987,885 $5,987,885 $100,000 $100,000 $100,000 $6,087,885 $5,987,885 $5,987,885 $100,000 $100,000 $100,000 $6,087,885 162.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $105,412 $105,412 $105,412 $105,412 162.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $25,673 $25,673 $25,673 $25,673 162.3 Reduce funds for operations. State General Funds ($179,637) ($179,637) ($179,637) ($179,637) 162.100 -Governor's Office Appropriation (HB 106) 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 $5,939,333 $5,939,333 $5,939,333 $5,939,333 THURSDAY, MARCH 28, 2013 3311 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,939,333 $100,000 $100,000 $100,000 $6,039,333 $5,939,333 $100,000 $100,000 $100,000 $6,039,333 $5,939,333 $100,000 $100,000 $100,000 $6,039,333 $5,939,333 $100,000 $100,000 $100,000 $6,039,333 Planning and Budget, Governor's Office of Continuation Budget The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 $8,043,611 163.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $117,121 $117,121 $117,121 $117,121 163.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($43,863) ($43,863) ($43,863) ($43,863) 163.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $6,823 $6,823 $6,823 $6,823 163.4 Reduce funds for operations. State General Funds ($228,808) ($228,808) ($228,808) ($228,808) 163.5 Reduce funds for the American Indian Council Contract. State General Funds ($12,500) ($12,500) ($12,500) ($12,500) 163.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($299) 3312 JOURNAL OF THE SENATE 163.100 -Planning and Budget, Governor's Office of Appropriation (HB 106) 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 $7,882,384 $7,882,384 $7,882,384 $7,882,085 State General Funds $7,882,384 $7,882,384 $7,882,384 $7,882,085 TOTAL PUBLIC FUNDS $7,882,384 $7,882,384 $7,882,384 $7,882,085 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 $841,704 $841,704 $89,558 $89,558 $25 $25 $25 $931,287 $841,704 $841,704 $89,558 $89,558 $25 $25 $25 $931,287 $841,704 $841,704 $89,558 $89,558 $25 $25 $25 $931,287 164.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $15,919 $15,919 $15,919 164.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,833 $1,833 $1,833 164.3 Reduce funds for operations. State General Funds ($14,251) ($14,251) ($14,251) 164.4 Reduce funds for information technology. State General Funds ($2,000) ($2,000) ($2,000) 164.5 Reduce funds for contracts. State General Funds ($9,000) ($9,000) ($9,000) $841,704 $841,704 $89,558 $89,558 $25 $25 $25 $931,287 $15,919 $1,833 ($14,251) ($2,000) ($9,000) THURSDAY, MARCH 28, 2013 3313 164.6 Reduce funds for personnel. State General Funds ($11,463) ($11,463) ($11,463) ($11,463) 164.100 -Child Advocate, Office of the Appropriation (HB 106) 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 $822,742 $822,742 $822,742 $822,742 State General Funds $822,742 $822,742 $822,742 $822,742 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 $912,325 $912,325 $912,325 $912,325 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 PUBLIC FUNDS $2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668 $2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668 $2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668 $2,906,072 $2,906,072 $8,215,596 $4,401,246 $3,814,350 $11,121,668 165.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $7,515 $7,515 $7,515 $7,515 165.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $38,824 $38,824 $38,824 $38,824 3314 JOURNAL OF THE SENATE 165.3 Increase funds to provide for the creation of community based Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders. (H and S:NO; Reflect community based Juvenile Incentive Funding Grant program in the Criminal Justice Coordinating Council) State General Funds $5,000,000 $0 $0 $0 165.4 Reduce funds for implementing new Community Strategy grants. State General Funds ($87,182) ($87,182) ($87,182) ($87,182) 165.5 Recognize an Executive Order creating the Juvenile Court Incentive Granting Committee of the Governor's Office of Children and Families. (G:YES)(H:NO)(S:NO) State General Funds $0 $0 $0 $0 165.6 Recognize funds for sexual assault centers. (H:YES)(S:YES) Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 $200,470 165.7 Reduce funds to reflect the completion of the final year of funding for community based grants. State General Funds ($1,852,719) $0 $0 165.8 Continue the use of $240,000 for the Child Advocacy Centers of Georgia to ensure maximum federal grant funding, quality assurance, and center support. (H:YES)(S:It is the intent of the General Assembly that the Governor's Office for Children and Families utilize no more than $175,000 for the Child Advocacy Centers of Georgia administration and oversight to ensure maximum federal grant funding, quality assurance, and center support)(CC:It is the intent of the General Assembly that the Governor's Office of Children and Families utilize the Child Advocacy Centers of Georgia's administration and oversight to ensure maximum federal grant funding, quality assurance, and center support) State General Funds $0 $0 $0 165.9 The Governor's Office of Children and Families shall present a plan to the General Assembly by July 1, 2013 to convert grants issued to an updated funding formula that will be phased in incrementally over a three year period. (H:YES)(S:It is the intent of the General Assembly that the Governor's Office for Children and Families shall present a plan to the General Assembly by July 1, 2013 to convert to an updated funding formula that will be phased in incrementally over a three year period and to quantify the impact of such formula change on local job loss or gain and on the number of clients served)(CC:It is the intent of the General Assembly that the Governor's Office of Children and Families shall present a plan to the General THURSDAY, MARCH 28, 2013 3315 Assembly by July 1, 2014 to convert grants issued to an updated formula that will be phased in incrementally over a three year period) State General Funds $0 $0 $0 165.10 Transfer funds from the Department of Human Services Administration program for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to shelters. (S and CC:Transfer funds from the Department of Human Services Administration program to the Governor's Office for Children and Families for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to domestic violence shelters and sexual assault centers) State General Funds $279,000 $279,000 $279,000 165.11 No grants distributed through this office shall be financially penalized for administrative errors without a 30-day grace period and adequate communication of such error. (H:YES)(S and CC:It is the intent of the General Assembly that no grants or applications for grants distributed through this office shall be financially penalized for administrative errors without a 30-day grace period and adequate communication of such error) State General Funds $0 $0 $0 165.12 It is the intent of the General Assembly that the Governor's Office for Children and Families shall administer FY2014 grants to domestic violence shelters based on the allocation formula and indirect costs classification utilized for these grants in FY2013. (S:YES)(CC:YES) State General Funds $0 $0 165.100 -Children and Families, Governor's Office for Appropriation (HB 106) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $7,865,229 $1,291,510 $3,144,229 $3,144,229 State General Funds $7,865,229 $1,291,510 $3,144,229 $3,144,229 TOTAL FEDERAL FUNDS $8,416,066 $8,416,066 $8,416,066 $8,416,066 Federal Funds Not Itemized $4,401,246 $4,401,246 $4,401,246 $4,401,246 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 $200,470 FFIND Temp. Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 $3,814,350 $3,814,350 TOTAL PUBLIC FUNDS $16,281,295 $9,707,576 $11,560,295 $11,560,295 3316 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 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 $2,108,027 $2,108,027 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 $2,108,027 $2,108,027 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 $2,108,027 $2,108,027 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 166.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,637 $25,637 $25,637 166.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $19,934 $19,934 $19,934 166.3 Reduce funds for personnel and eliminate one position. State General Funds ($45,227) ($45,227) ($45,227) 166.4 Reduce funds for communications. State General Funds ($1,851) ($1,851) ($1,851) 166.5 Reduce funds for the Civil Air Patrol contract. State General Funds ($16,163) ($16,163) ($16,163) $2,108,027 $2,108,027 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,619,065 $25,637 $19,934 ($45,227) ($1,851) ($16,163) THURSDAY, MARCH 28, 2013 3317 166.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($1,144) 166.100 -Emergency Management Agency, Georgia Appropriation (HB 106) 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 $2,090,357 $2,090,357 $2,090,357 $2,089,213 State General Funds $2,090,357 $2,090,357 $2,090,357 $2,089,213 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 $29,703,182 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $32,601,395 $32,601,395 $32,601,395 $32,600,251 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 $473,461 $473,461 $395,550 $395,550 $869,011 $473,461 $473,461 $395,550 $395,550 $869,011 $473,461 $473,461 $395,550 $395,550 $869,011 $473,461 $473,461 $395,550 $395,550 $869,011 3318 JOURNAL OF THE SENATE 167.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $10,989 $10,989 $10,989 167.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($604) ($604) ($604) 167.3 Increase funds to replace the loss of federal funds. State General Funds $169,751 $169,751 $169,751 167.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $10,989 ($604) $169,751 ($13) 167.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 106) 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 $653,597 $653,597 $653,597 $653,584 State General Funds $653,597 $653,597 $653,597 $653,584 TOTAL FEDERAL FUNDS $395,550 $395,550 $395,550 $395,550 Federal Funds Not Itemized $395,550 $395,550 $395,550 $395,550 TOTAL PUBLIC FUNDS $1,049,147 $1,049,147 $1,049,147 $1,049,134 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 $5,954,848 $5,954,848 $411,930 $411,930 $500 $500 $500 $5,954,848 $5,954,848 $411,930 $411,930 $500 $500 $500 $5,954,848 $5,954,848 $411,930 $411,930 $500 $500 $500 $5,954,848 $5,954,848 $411,930 $411,930 $500 $500 $500 THURSDAY, MARCH 28, 2013 3319 TOTAL PUBLIC FUNDS $6,367,278 $6,367,278 $6,367,278 $6,367,278 168.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $99,644 $99,644 $99,644 $99,644 168.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $130 $130 $130 $130 168.3 Reduce funds for operations. State General Funds ($49,645) ($49,645) ($49,645) ($49,645) 168.4 Reduce funds for contracts. State General Funds ($71,000) ($71,000) ($71,000) ($71,000) 168.5 Reduce funds for information technology. State General Funds ($58,000) ($58,000) ($58,000) ($58,000) 168.6 Reduce funds for telecommunications. State General Funds ($3,214) ($3,214) ($3,214) ($3,214) 168.7 Increase funds for staff development to align professional learning with results in improved student achievement. (H and S:Increase funds to align professional learning with results in improved student achievement) State General Funds $250,000 $250,000 $250,000 $250,000 168.100 -Professional Standards Commission, Georgia Appropriation (HB 106) The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. TOTAL STATE FUNDS $6,122,763 $6,122,763 $6,122,763 $6,122,763 State General Funds $6,122,763 $6,122,763 $6,122,763 $6,122,763 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 $500 3320 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500 $500 $6,535,193 $500 $500 $6,535,193 $500 $500 $6,535,193 $500 $500 $6,535,193 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 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318 $5,682,565 $5,682,565 $1,414,753 $747,064 $747,064 $500,000 $500,000 $167,689 $167,689 $7,097,318 169.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $84,613 $84,613 $84,613 $84,613 169.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($140,749) ($140,749) ($140,749) ($140,749) 169.3 Reduce funds for personnel and operations. State General Funds ($170,477) ($170,477) ($170,477) ($170,477) 169.4 Transfer funds from the Office of Consumer Protection to the Department of Administrative Services for Team Georgia personnel and operations. (CC:Reduce funds) State General Funds ($350,000) ($350,000) ($350,000) ($350,000) 169.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($126) THURSDAY, MARCH 28, 2013 3321 169.100 -Consumer Protection, Governor's Office of Appropriation (HB 106) 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 $5,105,952 $5,105,952 $5,105,952 $5,105,826 State General Funds $5,105,952 $5,105,952 $5,105,952 $5,105,826 TOTAL AGENCY FUNDS $1,414,753 $1,414,753 $1,414,753 $1,414,753 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 $500,000 $500,000 $500,000 $500,000 Sales and Services Not Itemized $500,000 $500,000 $500,000 $500,000 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 $6,520,705 $6,520,705 $6,520,705 $6,520,579 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 $73,361,918 $73,361,918 $73,361,918 $0 $0 $73,361,918 $73,361,918 $73,361,918 $0 $0 $73,361,918 $73,361,918 $73,361,918 $0 $0 $73,361,918 $73,361,918 $73,361,918 170.1 Adjust funds. Federal Funds Not Itemized $0 $0 170.100 -Governor's Office of Workforce Development Appropriation (HB 106) 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 3322 JOURNAL OF THE SENATE 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 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 $572,486 171.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $10,688 $10,688 $10,688 $10,688 171.2 Reduce funds for personnel and operations. State General Funds ($17,175) ($17,175) ($17,175) ($17,175) 171.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($8) 171.100 -Office of the State Inspector General Appropriation (HB 106) 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 $565,999 $565,999 $565,999 $565,991 State General Funds $565,999 $565,999 $565,999 $565,991 TOTAL PUBLIC FUNDS $565,999 $565,999 $565,999 $565,991 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 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 $2,455,543 THURSDAY, MARCH 28, 2013 3323 172.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $14,131 $14,131 $14,131 $14,131 172.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $651 $651 $651 $651 172.3 Reduce funds for contracts. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 172.4 Transfer funds from the Department of Education to the Office of Student Achievement Reading Mentors program for technology. State General Funds $396,824 $396,824 $396,824 $396,824 172.5 Reduce funds for personnel. State General Funds ($63,666) $0 172.100 -Student Achievement, Office of Appropriation (HB 106) 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 $2,857,149 $2,857,149 $2,857,149 $2,857,149 $2,857,149 $2,857,149 $2,793,483 $2,793,483 $2,793,483 $2,857,149 $2,857,149 $2,857,149 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. 3324 JOURNAL OF THE SENATE 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 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 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 TOTAL PUBLIC FUNDS Section Total - Continuation $491,702,876 $491,702,876 $491,702,876 $485,511,070 $485,511,070 $485,511,070 $6,191,806 $6,191,806 $6,191,806 $995,762,671 $995,762,671 $995,762,671 $398,350,627 $398,350,627 $398,350,627 $1,308,661 $1,308,661 $1,308,661 $10,191,339 $10,191,339 $10,191,339 $15,977,927 $15,977,927 $15,977,927 $73,127,428 $73,127,428 $73,127,428 $51,766,614 $51,766,614 $51,766,614 $60,527,005 $60,527,005 $60,527,005 $53,771,331 $53,771,331 $53,771,331 $321,190,139 $321,190,139 $321,190,139 $321,190,139 $321,190,139 $321,190,139 $9,551,600 $9,551,600 $9,551,600 $68,433,622 $68,433,622 $68,433,622 $46,500 $46,500 $46,500 $46,500 $46,500 $46,500 $729,513 $729,513 $729,513 $729,513 $729,513 $729,513 $10,221,755 $10,221,755 $10,221,755 $10,221,755 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $57,435,854 $57,435,854 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $508,249 $508,249 $508,249 $508,249 $508,249 $508,249 $1,556,407,418 $1,556,407,418 $1,556,407,418 $491,702,876 $485,511,070 $6,191,806 $995,762,671 $398,350,627 $1,308,661 $10,191,339 $15,977,927 $73,127,428 $51,766,614 $60,527,005 $53,771,331 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,407,418 TOTAL STATE FUNDS Section Total - Final $487,001,751 $492,512,266 $488,749,536 $491,774,790 THURSDAY, MARCH 28, 2013 3325 State General Funds $480,809,945 Tobacco Settlement Funds $6,191,806 TOTAL FEDERAL FUNDS $994,563,420 Federal Funds Not Itemized $396,938,127 CCDF Mandatory & Matching Funds CFDA93.596 $1,308,661 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 $10,191,339 FFIND Child Care and Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 $15,977,927 Foster Care Title IV-E CFDA93.658 $73,000,590 Low-Income Home Energy Assistance CFDA93.568 $51,766,614 Medical Assistance Program CFDA93.778 $60,867,092 Social Services Block Grant CFDA93.667 $53,771,331 Temporary Assistance for Needy Families $321,190,139 Temporary Assistance for Needy Families Grant CFDA93.558 $321,190,139 TANF Unobligated Balance per 42 USC 604 $9,551,600 TOTAL AGENCY FUNDS $68,433,622 Contributions, Donations, and Forfeitures $46,500 Contributions, Donations, and Forfeitures Not Itemized $46,500 Reserved Fund Balances $729,513 Reserved Fund Balances Not Itemized $729,513 Intergovernmental Transfers $10,221,755 Intergovernmental Transfers Not Itemized $10,221,755 Sales and Services $57,435,854 Sales and Services Not Itemized $57,435,854 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $508,249 State Funds Transfers $508,249 Agency to Agency Contracts $508,249 TOTAL PUBLIC FUNDS $1,550,507,042 $486,320,460 $6,191,806 $995,541,406 $396,938,127 $1,308,661 $10,191,339 $15,977,927 $73,978,576 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,995,543 $482,557,730 $6,191,806 $995,052,413 $396,938,127 $0 $1,308,661 $0 $10,191,339 $15,977,927 $73,489,583 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,552,743,820 $485,582,984 $6,191,806 $995,541,406 $396,938,127 $0 $1,308,661 $0 $10,191,339 $15,977,927 $73,978,576 $51,766,614 $60,867,092 $53,771,331 $321,190,139 $321,190,139 $9,551,600 $68,433,622 $46,500 $46,500 $729,513 $729,513 $10,221,755 $10,221,755 $57,435,854 $57,435,854 $508,249 $508,249 $508,249 $1,556,258,067 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. 3326 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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,753,710 $34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,753,710 $34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,753,710 $34,257,279 $34,257,279 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,753,710 173.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $35,648 $35,648 $35,648 $35,648 173.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds ($62,329) ($62,329) ($62,329) ($62,329) 173.100 -Adoption Services Appropriation (HB 106) 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 $34,230,598 State General Funds $34,230,598 TOTAL FEDERAL FUNDS $53,449,931 Federal Funds Not Itemized $37,049,931 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 $87,727,029 $34,230,598 $34,230,598 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,727,029 $34,230,598 $34,230,598 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,727,029 $34,230,598 $34,230,598 $53,449,931 $37,049,931 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $87,727,029 THURSDAY, MARCH 28, 2013 3327 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 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $0 $0 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $0 $0 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $0 $0 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 174.100 -After School Care Appropriation (HB 106) 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 $15,691,720 Federal Funds Not Itemized $191,720 Temporary Assistance for Needy Families $15,500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $15,500,000 TOTAL PUBLIC FUNDS $15,691,720 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 $15,691,720 $191,720 $15,500,000 $15,500,000 $15,691,720 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 Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 $1,581,992 $1,581,992 $638,414 $638,414 $2,220,406 175.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $8,023 $8,023 $8,023 $8,023 3328 JOURNAL OF THE SENATE 175.2 Reduce funds for personnel for one vacant surveyor position. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: ($47,461) ($19,151) ($66,612) ($47,461) ($19,151) ($66,612) ($47,461) ($19,151) ($66,612) ($47,461) ($19,151) ($66,612) 175.100 -Child Care Licensing Appropriation (HB 106) 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 $1,542,554 $1,542,554 $1,542,554 $1,542,554 State General Funds $1,542,554 $1,542,554 $1,542,554 $1,542,554 TOTAL FEDERAL FUNDS $619,263 $619,263 $619,263 $619,263 Foster Care Title IV-E CFDA93.658 $619,263 $619,263 $619,263 $619,263 TOTAL PUBLIC FUNDS $2,161,817 $2,161,817 $2,161,817 $2,161,817 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 Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $0 $9,082,178 $9,082,178 $9,082,178 $0 $0 $9,082,178 $9,082,178 $9,082,178 $0 $0 $9,082,178 $9,082,178 $9,082,178 $0 $0 $9,082,178 $9,082,178 $9,082,178 176.1 Transfer funds from the Department of Human Services Child Care Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source. Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Total Public Funds: ($9,082,178) $9,082,178 $0 ($9,082,178) $9,082,178 $0 176.100 -Child Care Services Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3329 TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $9,082,178 $0 $9,082,178 $9,082,178 $9,082,178 $0 $9,082,178 $9,082,178 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 $24,606,037 $24,606,037 $71,240,292 $71,120,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 $24,606,037 $24,606,037 $71,240,292 $71,120,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 $24,606,037 $24,606,037 $71,240,292 $71,120,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 $24,606,037 $24,606,037 $71,240,292 $71,120,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $99,083,589 177.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $450,544 $450,544 $450,544 $450,544 177.2 Reduce funds for personnel for 35 vacant positions. State General Funds Federal Funds Not Itemized Total Public Funds: ($526,670) ($1,022,359) ($1,549,029) ($526,670) ($1,022,359) ($1,549,029) ($526,670) ($1,022,359) ($1,549,029) ($526,670) ($1,022,359) ($1,549,029) 177.3 Reduce funds for operations. State General Funds Federal Funds Not Itemized Total Public Funds: ($145,507) ($282,455) ($427,962) ($145,507) ($282,455) ($427,962) ($145,507) ($282,455) ($427,962) ($145,507) ($282,455) ($427,962) 3330 JOURNAL OF THE SENATE 177.100 -Child Support Services Appropriation (HB 106) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $24,384,404 $24,384,404 $24,384,404 $24,384,404 State General Funds $24,384,404 $24,384,404 $24,384,404 $24,384,404 TOTAL FEDERAL FUNDS $69,935,478 $69,935,478 $69,935,478 $69,935,478 Federal Funds Not Itemized $69,815,478 $69,815,478 $69,815,478 $69,815,478 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 $2,841,500 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $395,760 $395,760 $395,760 $395,760 State Funds Transfers $395,760 $395,760 $395,760 $395,760 Agency to Agency Contracts $395,760 $395,760 $395,760 $395,760 TOTAL PUBLIC FUNDS $97,557,142 $97,557,142 $97,557,142 $97,557,142 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $92,366,911 $92,366,911 $148,169,258 $28,676,636 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $92,366,911 $92,366,911 $148,169,258 $28,676,636 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $92,366,911 $92,366,911 $148,169,258 $28,676,636 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 $92,366,911 $92,366,911 $148,169,258 $28,676,636 $189,956 $29,203,771 $159,050 $9,089,845 $80,850,000 $80,850,000 $8,500,000 $8,500,000 $8,500,000 $112,489 THURSDAY, MARCH 28, 2013 3331 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $112,489 $112,489 $249,148,658 $112,489 $112,489 $249,148,658 $112,489 $112,489 $249,148,658 $112,489 $112,489 $249,148,658 178.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,605,855 $1,605,855 $1,605,855 $1,605,855 178.2 Reduce funds for the appropriation in line 178.101. Temporary Assistance for Needy Families Grant CFDA93.558 ($250,000) ($250,000) ($250,000) ($250,000) 178.3 Transfer funds from the Department of Human Services Child Welfare Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source. CCDF Mandatory & Matching Funds CFDA93.596 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds: ($189,956) $189,956 $0 ($189,956) $189,956 $0 178.100 -Child Welfare Services Appropriation (HB 106) 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 $93,972,766 $93,972,766 $93,972,766 $93,972,766 State General Funds $93,972,766 $93,972,766 $93,972,766 $93,972,766 TOTAL FEDERAL FUNDS $147,919,258 $147,919,258 $147,919,258 $147,919,258 Federal Funds Not Itemized $28,676,636 $28,676,636 $28,676,636 $28,676,636 CCDF Mandatory & Matching Funds CFDA93.596 $189,956 $189,956 $0 $0 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $189,956 $189,956 Foster Care Title IV-E CFDA93.658 $29,203,771 $29,203,771 $29,203,771 $29,203,771 Medical Assistance Program CFDA93.778 $159,050 $159,050 $159,050 $159,050 Social Services Block Grant CFDA93.667 $9,089,845 $9,089,845 $9,089,845 $9,089,845 Temporary Assistance for Needy Families $80,600,000 $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 $80,600,000 TOTAL AGENCY FUNDS $8,500,000 $8,500,000 $8,500,000 $8,500,000 Sales and Services $8,500,000 $8,500,000 $8,500,000 $8,500,000 Sales and Services Not Itemized $8,500,000 $8,500,000 $8,500,000 $8,500,000 3332 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $112,489 $112,489 $112,489 $250,504,513 $112,489 $112,489 $112,489 $250,504,513 $112,489 $112,489 $112,489 $250,504,513 $112,489 $112,489 $112,489 $250,504,513 178.101 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 $15,884,951 $15,884,951 $15,884,951 $0 $0 $15,884,951 $15,884,951 $15,884,951 $0 $0 $15,884,951 $15,884,951 $15,884,951 $0 $0 $15,884,951 $15,884,951 $15,884,951 179.100 -Community Services Appropriation (HB 106) 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 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 $15,884,951 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 $37,586,501 $37,586,501 $47,368,168 $37,586,501 $37,586,501 $47,368,168 $37,586,501 $37,586,501 $47,368,168 $37,586,501 $37,586,501 $47,368,168 THURSDAY, MARCH 28, 2013 3333 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 $24,865,979 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 $24,865,979 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 $24,865,979 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 $24,865,979 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,548,902 $2,539,375 $8,095,249 $8,095,249 $15,288,067 $15,288,067 $15,288,067 $100,242,736 180.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $770,674 $770,674 $770,674 $770,674 180.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,618,034) ($4,618,034) ($4,618,034) ($4,618,034) 180.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $23,043 $23,043 $23,043 $23,043 180.4 Reduce funds for operations. State General Funds Federal Funds Not Itemized Total Public Funds: ($86,266) ($15,772) ($102,038) ($86,266) ($15,772) ($102,038) ($86,266) ($15,772) ($102,038) ($86,266) ($15,772) ($102,038) 180.5 Reduce funds for personnel. State General Funds ($339,543) ($339,543) ($339,543) ($339,543) 3334 JOURNAL OF THE SENATE 180.6 Reduce funds for information technology. State General Funds Federal Funds Not Itemized Total Public Funds: ($81,110) ($31,543) ($112,653) ($81,110) ($31,543) ($112,653) ($81,110) ($31,543) ($112,653) ($81,110) ($31,543) ($112,653) 180.7 Reduce funds for information technology contracts. State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Federal Funds Not Itemized Total Public Funds: ($717,450) ($107,687) ($110,950) ($60,371) ($996,458) ($717,450) ($107,687) ($110,950) ($60,371) ($996,458) ($717,450) ($107,687) ($110,950) ($60,371) ($996,458) ($717,450) ($107,687) ($110,950) ($60,371) ($996,458) 180.8 Reduce funds added in HB742 (2012 Session) for the Liberty County Division of Family and Children Services (DFCS) Office. State General Funds ($50,000) ($50,000) ($50,000) 180.9 Transfer funds to the Governor's Office of Children and Families for the state administration of domestic violence and sexual assault services to allow for maximum grant funds to be distributed to shelters. State General Funds ($279,000) ($279,000) ($279,000) 180.10 Transfer funds from the Department of Human Services Departmental Administration program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source. Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 FFIND Child Care and Development Block Grant CFDA93.575 FFIND CCDF Mandatory & Matching Funds CFDA93.596 Total Public Funds: ($209,161) ($1,118,705) $209,161 $1,118,705 $0 ($209,161) ($1,118,705) $209,161 $1,118,705 $0 180.11 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($141,406) ($20,288) 180.12 Reduce funds to reflect savings in Electronic Benefit Transfer (EBT) transactions through efficiencies gained by the use of a new vendor. State General Funds ($500,000) THURSDAY, MARCH 28, 2013 3335 180.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($8,906) 180.100 -Departmental Administration Appropriation (HB 106) 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 $32,537,815 $32,208,815 $32,067,409 $31,679,621 State General Funds $32,537,815 $32,208,815 $32,067,409 $31,679,621 TOTAL FEDERAL FUNDS $47,041,845 $47,041,845 $47,041,845 $47,041,845 Federal Funds Not Itemized $24,758,293 $24,758,293 $24,758,293 $24,758,293 CCDF Mandatory & Matching Funds CFDA93.596 $1,118,705 $1,118,705 $0 $0 FFIND CCDF Mandatory & Matching Funds CFDA93.596 $1,118,705 $1,118,705 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $0 $0 FFIND Child Care and Development Block Grant CFDA93.575 $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 $5,590,134 $5,590,134 $5,590,134 $5,590,134 Low-Income Home Energy Assistance CFDA93.568 $200,000 $200,000 $200,000 $200,000 Medical Assistance Program CFDA93.778 $4,437,952 $4,437,952 $4,437,952 $4,437,952 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 $94,867,727 $94,538,727 $94,397,321 $94,009,533 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 $14,212,422 $14,212,422 $3,573,433 $14,212,422 $14,212,422 $3,573,433 $14,212,422 $14,212,422 $3,573,433 $14,212,422 $14,212,422 $3,573,433 3336 JOURNAL OF THE SENATE Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $793,894 $500,000 $2,279,539 $17,785,855 $793,894 $500,000 $2,279,539 $17,785,855 $793,894 $500,000 $2,279,539 $17,785,855 $793,894 $500,000 $2,279,539 $17,785,855 181.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $270,163 $270,163 $270,163 $270,163 181.2 Reduce funds for personnel for 17 family service workers. (S and CC:Reduce funds for personnel) State General Funds ($528,871) $0 ($264,436) ($264,436) 181.100 -Elder Abuse Investigations and Prevention Appropriation (HB 106) The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS $13,953,714 $14,482,585 $14,218,149 $14,218,149 State General Funds $13,953,714 $14,482,585 $14,218,149 $14,218,149 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 PUBLIC FUNDS $17,527,147 $18,056,018 $17,791,582 $17,791,582 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 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $23,890,113 $13,765,259 $3,761,430 $71,786,918 $66,713,041 $5,073,877 $41,416,802 $23,890,113 $13,765,259 $3,761,430 THURSDAY, MARCH 28, 2013 3337 TOTAL PUBLIC FUNDS $113,203,720 $113,203,720 $113,203,720 $113,203,720 182.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,113 $13,113 $13,113 $13,113 182.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds ($144,298) ($144,298) ($144,298) ($144,298) 182.3 Transfer funds from the Elder Community Living Services program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program for the Center for the Visually Impaired contract. State General Funds ($177,859) ($177,859) ($177,859) ($177,859) 182.4 Replace funds. State General Funds Tobacco Settlement Funds Total Public Funds: ($1,117,929) $1,117,929 $0 ($1,117,929) $1,117,929 $0 ($1,117,929) $1,117,929 $0 ($1,117,929) $1,117,929 $0 182.5 Reduce funds for contracts. State General Funds ($484,559) $0 $0 $0 182.100 -Elder Community Living Services Appropriation (HB 106) 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 $70,993,315 $71,477,874 $71,477,874 $71,477,874 State General Funds $64,801,509 $65,286,068 $65,286,068 $65,286,068 Tobacco Settlement Funds $6,191,806 $6,191,806 $6,191,806 $6,191,806 TOTAL FEDERAL FUNDS $41,416,802 $41,416,802 $41,416,802 $41,416,802 Federal Funds Not Itemized $23,890,113 $23,890,113 $23,890,113 $23,890,113 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 $112,410,117 $112,894,676 $112,894,676 $112,894,676 3338 JOURNAL OF THE SENATE 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 $2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517 $2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517 $2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517 $2,854,249 $1,736,320 $1,117,929 $5,866,268 $5,866,268 $8,720,517 183.1 Replace funds. State General Funds Tobacco Settlement Funds Total Public Funds: $1,117,929 ($1,117,929) $0 $1,117,929 ($1,117,929) $0 $1,117,929 ($1,117,929) $0 $1,117,929 ($1,117,929) $0 183.100 -Elder Support Services Appropriation (HB 106) 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 $2,854,249 State General Funds $2,854,249 $2,854,249 $2,854,249 $2,854,249 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 $8,720,517 $8,720,517 $8,720,517 $8,720,517 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 PUBLIC FUNDS $0 $0 $51,201,001 $51,201,001 $51,201,001 $0 $0 $51,201,001 $51,201,001 $51,201,001 $0 $0 $51,201,001 $51,201,001 $51,201,001 $0 $0 $51,201,001 $51,201,001 $51,201,001 THURSDAY, MARCH 28, 2013 3339 184.100 -Energy Assistance Appropriation (HB 106) 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 PUBLIC FUNDS $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 $51,201,001 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 TOTAL PUBLIC FUNDS $11,802,450 $11,802,450 $2,083,044 $2,083,044 $13,885,494 $11,802,450 $11,802,450 $2,083,044 $2,083,044 $13,885,494 $11,802,450 $11,802,450 $2,083,044 $2,083,044 $13,885,494 $11,802,450 $11,802,450 $2,083,044 $2,083,044 $13,885,494 185.100 -Family Violence Services Appropriation (HB 106) 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 $11,802,450 $11,802,450 $11,802,450 $11,802,450 State General Funds $11,802,450 $11,802,450 $11,802,450 $11,802,450 TOTAL FEDERAL FUNDS $2,083,044 $2,083,044 $2,083,044 $2,083,044 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 $2,083,044 TOTAL PUBLIC FUNDS $13,885,494 $13,885,494 $13,885,494 $13,885,494 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 $103,489,119 $103,489,119 $126,313,967 $103,489,119 $103,489,119 $126,313,967 $103,489,119 $103,489,119 $126,313,967 $103,489,119 $103,489,119 $126,313,967 3340 JOURNAL OF THE SENATE 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 $61,705,452 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 $61,705,452 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 $61,705,452 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 $61,705,452 $900,000 $2,882,030 $365,613 $40,832,012 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $240,037,250 186.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,894,009 $1,894,009 $1,894,009 $1,894,009 186.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,102,665) ($1,102,665) ($1,102,665) ($1,102,665) 186.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $5,502 $5,502 $5,502 $5,502 186.4 Transfer funds from the Department of Human Services Federal Eligibility Benefit Services program to the Department of Early Care and Learning Child Care Services program to properly reflect fund source. Child Care & Development Block Grant CFDA93.575 FFIND Child Care and Development Block Grant CFDA93.575 Total Public Funds: ($900,000) $900,000 $0 ($900,000) $900,000 $0 186.5 Reduce funds to reflect savings in Electronic Benefit Transfer (EBT) transactions through efficiencies gained by the use of a new vendor. (CC:Reflect in Departmental Administration program) State General Funds ($1,000,000) $0 THURSDAY, MARCH 28, 2013 3341 186.100 -Federal Eligibility Benefit Services Appropriation (HB 106) 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 $104,285,965 $104,285,965 $103,285,965 $104,285,965 State General Funds $104,285,965 $104,285,965 $103,285,965 $104,285,965 TOTAL FEDERAL FUNDS $126,313,967 $126,313,967 $126,313,967 $126,313,967 Federal Funds Not Itemized $61,705,452 $61,705,452 $61,705,452 $61,705,452 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $0 $0 FFIND Child Care and Development Block Grant CFDA93.575 $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 $365,613 $365,613 $365,613 $365,613 Medical Assistance Program CFDA93.778 $40,832,012 $40,832,012 $40,832,012 $40,832,012 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 $240,834,096 $240,834,096 $239,834,096 $240,834,096 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 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $0 $0 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 3342 JOURNAL OF THE SENATE 187.100 -Federal Fund Transfers to Other Agencies Appropriation (HB 106) 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 $61,768,742 Social Services Block Grant CFDA93.667 $35,981,142 Temporary Assistance for Needy Families $25,787,600 Temporary Assistance for Needy Families Grant CFDA93.558 $25,787,600 TOTAL PUBLIC FUNDS $61,768,742 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 $61,768,742 $35,981,142 $25,787,600 $25,787,600 $61,768,742 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 $67,637,113 $67,637,113 $126,528,773 $89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886 $67,637,113 $67,637,113 $126,528,773 $89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886 $67,637,113 $67,637,113 $126,528,773 $89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886 $67,637,113 $67,637,113 $126,528,773 $89,022 $34,705,392 $91,734,359 $91,734,359 $194,165,886 188.1 Reduce funds added in HB742 (2012 Session) for KidsPeace. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 188.2 Reduce funds to reflect an increase in the federal participation rate from 65.71% in FY2013 to 65.84% in FY2014. State General Funds ($65,349) ($65,349) ($65,349) ($65,349) 188.3 Increase funds to reflect a 3% rate adjustment among all Out-of-Home Care providers. (S:Increase funds to reflect a 1.5% rate adjustment among all Out-of-Home Care providers) State General Funds $4,826,085 $2,413,043 $4,826,085 THURSDAY, MARCH 28, 2013 3343 Foster Care Title IV-E CFDA93.658 Total Public Funds: $977,986 $5,804,071 $488,993 $2,902,036 $977,986 $5,804,071 188.100 -Out of Home Care Appropriation (HB 106) 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 $67,521,764 $72,347,849 $69,934,807 $72,347,849 State General Funds $67,521,764 $72,347,849 $69,934,807 $72,347,849 TOTAL FEDERAL FUNDS $126,528,773 $127,506,759 $127,017,766 $127,506,759 Federal Funds Not Itemized $89,022 $89,022 $89,022 $89,022 Foster Care Title IV-E CFDA93.658 $34,705,392 $35,683,378 $35,194,385 $35,683,378 Temporary Assistance for Needy Families $91,734,359 $91,734,359 $91,734,359 $91,734,359 Temporary Assistance for Needy Families Grant CFDA93.558 $91,734,359 $91,734,359 $91,734,359 $91,734,359 TOTAL PUBLIC FUNDS $194,050,537 $199,854,608 $196,952,573 $199,854,608 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 $8,749,006 189.100 -Refugee Assistance Appropriation (HB 106) 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 3344 JOURNAL OF THE SENATE Support for Needy Families - Basic Assistance Continuation Budget The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. TOTAL STATE FUNDS 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 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 $100,000 $100,000 $51,382,361 $41,830,761 $41,830,761 $9,551,600 $51,482,361 190.100 -Support for Needy Families - Basic Assistance Appropriation (HB 106) 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 $0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 $0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 $0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 $0 $0 $21,725,483 $362,173 $21,363,310 $21,363,310 THURSDAY, MARCH 28, 2013 3345 TOTAL PUBLIC FUNDS $21,725,483 $21,725,483 $21,725,483 $21,725,483 191.100 -Support for Needy Families - Work Assistance Appropriation (HB 106) 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 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 $205,127 192.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $6,099 $6,099 $6,099 $6,099 192.2 Reduce funds for personnel. State General Funds ($6,154) ($6,154) $0 $0 192.100 -Council on Aging Appropriation (HB 106) 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 $205,072 $205,072 $211,226 $211,226 State General Funds $205,072 $205,072 $211,226 $211,226 TOTAL PUBLIC FUNDS $205,072 $205,072 $211,226 $211,226 3346 JOURNAL OF THE SENATE Family Connection Continuation Budget The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 $9,032,225 $9,032,225 $721,782 $721,782 $9,754,007 193.1 Reduce funds for personnel for two vacant administrative positions. State General Funds ($76,040) ($76,040) ($76,040) ($76,040) 193.2 Replace funds. (CC:Recognize additional funds from the contract with the Department of Early Care and Learning) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($451,037) $451,037 $0 ($451,037) $451,037 $0 ($451,037) $451,037 $0 ($451,037) $451,037 $0 193.100 -Family Connection Appropriation (HB 106) The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $8,505,148 $8,505,148 $8,505,148 $8,505,148 State General Funds $8,505,148 $8,505,148 $8,505,148 $8,505,148 TOTAL FEDERAL FUNDS $1,172,819 $1,172,819 $1,172,819 $1,172,819 Medical Assistance Program CFDA93.778 $1,172,819 $1,172,819 $1,172,819 $1,172,819 TOTAL PUBLIC FUNDS $9,677,967 $9,677,967 $9,677,967 $9,677,967 Georgia Vocational Rehabilitation Agency: 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 $267,655 $267,655 $267,655 $267,655 $267,655 $267,655 $267,655 $267,655 THURSDAY, MARCH 28, 2013 3347 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,311,624 $2,311,624 $2,579,279 $2,311,624 $2,311,624 $2,579,279 $2,311,624 $2,311,624 $2,579,279 194.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $3,300 $3,300 $3,300 $2,311,624 $2,311,624 $2,579,279 $3,300 194.100 -Georgia Vocational Rehabilitation Agency: Business Enterprise Program Appropriation (HB 106) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $270,955 $270,955 $270,955 $270,955 State General Funds $270,955 $270,955 $270,955 $270,955 TOTAL FEDERAL FUNDS $2,311,624 $2,311,624 $2,311,624 $2,311,624 Federal Funds Not Itemized $2,311,624 $2,311,624 $2,311,624 $2,311,624 TOTAL PUBLIC FUNDS $2,582,579 $2,582,579 $2,582,579 $2,582,579 Georgia Vocational Rehabilitation Agency: Departmental 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 $1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937 $1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937 $1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937 $1,401,526 $1,401,526 $2,335,411 $2,335,411 $3,736,937 195.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $14,842 $14,842 $14,842 $14,842 195.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,691 $2,691 $2,691 $2,691 3348 JOURNAL OF THE SENATE 195.3 Reduce funds for personnel. State General Funds ($102,985) ($102,985) ($102,985) ($102,985) 195.100 -Georgia Vocational Rehabilitation Agency: Departmental Administration Appropriation (HB 106) 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 $1,316,074 $1,316,074 $1,316,074 $1,316,074 State General Funds $1,316,074 $1,316,074 $1,316,074 $1,316,074 TOTAL FEDERAL FUNDS $2,335,411 $2,335,411 $2,335,411 $2,335,411 Federal Funds Not Itemized $2,335,411 $2,335,411 $2,335,411 $2,335,411 TOTAL PUBLIC FUNDS $3,651,485 $3,651,485 $3,651,485 $3,651,485 Georgia Vocational Rehabilitation Agency: Disability Adjudication Section 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 $0 $0 $55,598,820 $55,598,820 $55,598,820 $0 $0 $55,598,820 $55,598,820 $55,598,820 $0 $0 $55,598,820 $55,598,820 $55,598,820 $0 $0 $55,598,820 $55,598,820 $55,598,820 196.100 -Georgia Vocational Rehabilitation Agency: Disability Adjudication Section Appropriation (HB 106) 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 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 Georgia Vocational Rehabilitation Agency: 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. THURSDAY, MARCH 28, 2013 3349 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 $11,828,888 197.100 -Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind Appropriation (HB 106) 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 Georgia Vocational Rehabilitation Agency: 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 PUBLIC FUNDS $5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429 $5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429 $5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429 $5,484,053 $5,484,053 $6,994,089 $6,994,089 $18,888,287 $18,888,287 $18,888,287 $31,366,429 3350 JOURNAL OF THE SENATE 198.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $128,228 $128,228 $128,228 198.2 Reduce funds for personnel. State General Funds ($338,350) ($338,350) ($338,350) 198.3 Reduce funds for operations. State General Funds ($165,000) ($165,000) ($165,000) $128,228 ($338,350) ($165,000) 198.100 -Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute Appropriation (HB 106) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $5,108,931 $5,108,931 $5,108,931 $5,108,931 State General Funds $5,108,931 $5,108,931 $5,108,931 $5,108,931 TOTAL FEDERAL FUNDS $6,994,089 $6,994,089 $6,994,089 $6,994,089 Federal Funds Not Itemized $6,994,089 $6,994,089 $6,994,089 $6,994,089 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $18,888,287 $18,888,287 Sales and Services Not Itemized $18,888,287 $18,888,287 $18,888,287 $18,888,287 TOTAL PUBLIC FUNDS $30,991,307 $30,991,307 $30,991,307 $30,991,307 Georgia Vocational Rehabilitation Agency: 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 $13,031,299 $13,031,299 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 $13,031,299 $13,031,299 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 $13,031,299 $13,031,299 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 $13,031,299 $13,031,299 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,504,668 THURSDAY, MARCH 28, 2013 3351 199.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $206,819 $206,819 $206,819 $206,819 199.2 Transfer funds from the Elder Community Living Services program to the Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation program for the Center for the Visually Impaired contract. State General Funds $177,859 $177,859 $177,859 $177,859 199.3 Utilize savings in personnel for client services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 199.4 Transfer Happy Hour Services from Authorization and Invoice contracts to Community Rehabilitation Provider contracts. (H:YES)(S:NO)(CC:Transfer Houston County Association for Exceptional Citizens Inc. from Authorization and Invoice contracts to Community Rehabilitation Provider contracts) State General Funds $0 $0 $0 199.5 Increase funds for the Georgia Radio Reading Service. (CC: Increase funds for the Georgia Radio Reading Service to continue to provide year-round access to printed word readings for Georgians who are blind or have low vision) State General Funds $50,000 $50,000 199.100 -Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $13,415,977 $13,415,977 State General Funds $13,415,977 $13,415,977 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 $79,889,346 $79,889,346 Appropriation (HB 106) $13,465,977 $13,465,977 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,939,346 $13,465,977 $13,465,977 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,939,346 3352 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 $18,967,615 $18,967,615 $18,967,615 $18,967,615 $18,967,615 $18,967,615 $2,126,966 $2,126,966 $2,126,966 $2,126,966 $2,126,966 $2,126,966 $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 $21,191,813 $21,191,813 $21,191,813 $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 THURSDAY, MARCH 28, 2013 3353 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 $19,325,958 $19,325,958 $19,325,958 $19,325,958 $2,126,966 $2,126,966 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $81,806 $81,806 $81,806 $21,550,156 $21,550,156 $19,325,958 $19,325,958 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,550,156 $19,325,561 $19,325,561 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,549,759 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 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 $1,699,506 200.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $35,672 $35,672 $35,672 $35,672 200.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $9,926 $9,926 $9,926 $9,926 200.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,201 $2,201 $2,201 $2,201 200.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($397) 3354 JOURNAL OF THE SENATE 200.100 -Departmental Administration Appropriation (HB 106) 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 $1,747,305 $1,747,305 $1,747,305 $1,746,908 State General Funds $1,747,305 $1,747,305 $1,747,305 $1,746,908 TOTAL PUBLIC FUNDS $1,747,305 $1,747,305 $1,747,305 $1,746,908 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 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 $743,485 201.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,337 $13,337 $13,337 $13,337 201.100 -Enforcement Appropriation (HB 106) 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 $756,822 $756,822 $756,822 $756,822 State General Funds $756,822 $756,822 $756,822 $756,822 TOTAL PUBLIC FUNDS $756,822 $756,822 $756,822 $756,822 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 $7,403,077 $7,403,077 $7,403,077 $7,403,077 $7,403,077 $7,403,077 $7,403,077 $7,403,077 THURSDAY, MARCH 28, 2013 3355 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 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 202.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $147,894 $147,894 $147,894 202.2 Reduce funds for personnel. State General Funds ($239,261) ($239,261) ($239,261) 202.3 Eliminate funds for the Bureau of Labor Statistics contract. State General Funds ($140,000) ($140,000) ($140,000) 202.4 Reduce funds for operations. State General Funds ($8,332) ($8,332) ($8,332) 202.5 Eliminate funds for the Department of Labor contract for information technology. State General Funds ($112,188) ($112,188) ($112,188) 202.6 Reduce funds to align budget with program expenditures. State General Funds ($144,832) ($144,832) ($144,832) $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,623,416 $147,894 ($239,261) ($140,000) ($8,332) ($112,188) ($144,832) 202.100 -Fire Safety Appropriation (HB 106) 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 3356 JOURNAL OF THE SENATE 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $6,906,358 $6,906,358 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,126,697 $6,906,358 $6,906,358 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,126,697 $6,906,358 $6,906,358 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,126,697 $6,906,358 $6,906,358 $1,123,107 $1,123,107 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $8,126,697 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 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 $646,000 203.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $10,703 $10,703 $10,703 $10,703 203.100 -Industrial Loan Appropriation (HB 106) 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 $656,703 $656,703 $656,703 $656,703 State General Funds $656,703 $656,703 $656,703 $656,703 TOTAL PUBLIC FUNDS $656,703 $656,703 $656,703 $656,703 THURSDAY, MARCH 28, 2013 3357 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 $5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694 $5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694 $5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694 $5,037,835 $5,037,835 $1,003,859 $1,003,859 $6,041,694 204.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $106,841 $106,841 $106,841 $106,841 204.100 -Insurance Regulation Appropriation (HB 106) 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 $5,144,676 $5,144,676 $5,144,676 $5,144,676 State General Funds $5,144,676 $5,144,676 $5,144,676 $5,144,676 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 $6,148,535 $6,148,535 $6,148,535 $6,148,535 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 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 $3,437,712 3358 JOURNAL OF THE SENATE 205.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $76,382 $76,382 $76,382 $76,382 205.2 Increase funds to reflect increased assessments on insurance providers to provide for additional fraud detection coverage. State General Funds $600,000 $600,000 $600,000 $600,000 205.100 -Special Fraud Appropriation (HB 106) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $4,114,094 $4,114,094 $4,114,094 $4,114,094 State General Funds $4,114,094 $4,114,094 $4,114,094 $4,114,094 TOTAL PUBLIC FUNDS $4,114,094 $4,114,094 $4,114,094 $4,114,094 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 TOTAL PUBLIC FUNDS Section Total - Continuation $80,216,268 $80,216,268 $80,216,268 $80,216,268 $80,216,268 $80,216,268 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $20,892,198 $128,256,527 $128,256,527 $128,256,527 $80,216,268 $80,216,268 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $20,892,198 $128,256,527 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 $81,270,354 $88,643,605 $81,270,354 $88,643,605 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $21,304,123 $23,224,123 $21,304,123 $23,224,123 $21,304,123 $23,224,123 $129,722,538 $139,015,789 $88,426,965 $88,426,965 $27,148,061 $27,148,061 $22,704,123 $22,704,123 $22,704,123 $138,279,149 $88,626,293 $88,626,293 $27,148,061 $27,148,061 $23,224,123 $23,224,123 $23,224,123 $138,998,477 THURSDAY, MARCH 28, 2013 3359 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 $7,275,139 $7,275,139 $30,000 $30,000 $7,305,139 $7,275,139 $7,275,139 $30,000 $30,000 $7,305,139 $7,275,139 $7,275,139 $30,000 $30,000 $7,305,139 $7,275,139 $7,275,139 $30,000 $30,000 $7,305,139 206.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $77,831 $77,831 $77,831 $77,831 206.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $199,710 $199,710 $199,710 $199,710 206.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $11,890 $11,890 $11,890 $11,890 206.4 Reduce funds for contracts. State General Funds ($278,738) $0 $0 $0 206.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($56,099) ($8,049) 206.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($1,729) 206.100 -Bureau Administration Appropriation (HB 106) 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 $7,285,832 $7,564,570 $7,508,471 $7,554,792 3360 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $7,285,832 $30,000 $30,000 $7,315,832 $7,564,570 $30,000 $30,000 $7,594,570 $7,508,471 $30,000 $30,000 $7,538,471 $7,554,792 $30,000 $30,000 $7,584,792 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 $6,153,521 $6,153,521 $181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 $6,153,521 $6,153,521 $181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 $6,153,521 $6,153,521 $181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 $6,153,521 $6,153,521 $181,425 $181,425 $3,979,373 $3,979,373 $3,979,373 $10,314,319 207.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $111,187 $111,187 $111,187 207.2 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: ($411,925) $411,925 $0 ($411,925) $411,925 $0 ($411,925) $411,925 $0 207.3 Replace funds for operations with additional anticipated revenues from fingerprint fees. State General Funds Sales and Services Not Itemized Total Public Funds: ($1,920,000) $1,920,000 $0 ($1,400,000) $1,400,000 $0 207.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $111,187 ($411,925) $411,925 $0 ($1,920,000) $1,920,000 $0 ($5,190) THURSDAY, MARCH 28, 2013 3361 207.100 -Criminal Justice Information Services Appropriation (HB 106) 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 $5,852,783 $3,932,783 $4,452,783 $3,927,593 State General Funds $5,852,783 $3,932,783 $4,452,783 $3,927,593 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 $4,391,298 $6,311,298 $5,791,298 $6,311,298 Sales and Services $4,391,298 $6,311,298 $5,791,298 $6,311,298 Sales and Services Not Itemized $4,391,298 $6,311,298 $5,791,298 $6,311,298 TOTAL PUBLIC FUNDS $10,425,506 $10,425,506 $10,425,506 $10,420,316 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 $26,558,210 $26,558,210 $81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206 $26,558,210 $26,558,210 $81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206 $26,558,210 $26,558,210 $81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206 $26,558,210 $26,558,210 $81,131 $81,131 $157,865 $157,865 $157,865 $26,797,206 208.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $389,155 $389,155 $389,155 208.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $800,000 $800,000 $800,000 $389,155 $800,000 3362 JOURNAL OF THE SENATE 208.3 Increase funds for the second installment of the law enforcement career ladder within the Forensic Scientific Services program.(S:Increase funds for the second installment of the law enforcement career ladder within the Forensic Scientific Services program according to the plan agreed upon in FY2013) State General Funds $1,217,000 $1,045,000 $1,217,000 208.4 Reduce funds for one-time funding for equipment. State General Funds ($70,000) ($70,000) ($70,000) 208.5 Increase funds to retain positions within the Chemistry Unit previously funded through federal grants. State General Funds $94,338 $94,338 $94,338 208.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($29,117) 208.100 -Forensic Scientific Services Appropriation (HB 106) 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 $27,747,365 $28,988,703 $28,816,703 $28,959,586 State General Funds $27,747,365 $28,988,703 $28,816,703 $28,959,586 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 $27,986,361 $29,227,699 $29,055,699 $29,198,582 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, MARCH 28, 2013 3363 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $28,244,689 $28,244,689 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 $28,244,689 $28,244,689 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 $28,244,689 $28,244,689 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 $28,244,689 $28,244,689 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $29,690,254 209.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $533,698 $533,698 $533,698 $533,698 209.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $300,000 $300,000 $300,000 $300,000 209.3 Reduce funds for personnel and eliminate six administrative positions. (H and CC:Reduce funds) State General Funds ($255,042) ($127,521) ($255,042) ($127,521) 209.4 Reduce funds for non-statutory travel. State General Funds ($120,726) ($60,363) ($120,726) ($60,363) 209.5 Reduce funds for telecommunications by eliminating landlines for staff employees who have business cell phones. State General Funds ($111,755) ($111,755) ($111,755) ($111,755) 209.6 Reduce funds for personnel in the communications center. State General Funds ($341,877) ($341,877) ($341,877) ($341,877) 209.7 Transfer seven positions from the Georgia Bureau of Investigation to the Department of Public Safety and enter into a Memorandum of Understanding for operational control activities. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 3364 JOURNAL OF THE SENATE 209.8 Increase funds for the second installment of the law enforcement career ladder within the Regional Investigative Services program. (S:Increase funds for the second installment of the law enforcement career ladder within the Regional Investigative Services program according to the plan agreed upon in FY2013) State General Funds $1,742,810 $1,390,000 $1,742,810 209.9 Increase funds to retain positions within the Child Exploitation and Computer Crimes Unit previously funded with federal grants. State General Funds $132,568 $132,568 $132,568 209.10 Increase funds to retain positions in the Regional Investigations Unit previously funded with federal grants. State General Funds $742,066 $742,066 $742,066 209.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($5,380) 209.100 -Regional Investigative Services Appropriation (HB 106) 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 $28,248,987 $31,054,315 $30,513,621 $31,048,935 State General Funds $28,248,987 $31,054,315 $30,513,621 $31,048,935 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 Sales and Services Not Itemized $204,682 $204,682 $204,682 $204,682 TOTAL PUBLIC FUNDS $29,694,552 $32,499,880 $31,959,186 $32,494,500 Criminal Justice Coordinating Council Continuation Budget The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. THURSDAY, MARCH 28, 2013 3365 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 $11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 $11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 $11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 $11,984,709 $11,984,709 $25,614,622 $25,614,622 $16,550,278 $16,550,278 $16,550,278 $54,149,609 210.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,056 $4,056 $4,056 $4,056 210.2 Increase funds for Accountability Courts grant program support. State General Funds $157,153 $125,000 $157,153 $157,153 210.3 Reduce funds for temporary labor contracts. State General Funds ($10,531) ($10,531) ($10,531) ($10,531) 210.4 Increase funds for the creation of community based Juvenile Incentive Funding Grant program to provide fiscal incentives to communities to create and utilize community based options for juvenile offenders. State General Funds $5,000,000 $5,000,000 $5,000,000 210.100 -Criminal Justice Coordinating Council Appropriation (HB 106) 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 $12,135,387 $17,103,234 $17,135,387 $17,135,387 State General Funds $12,135,387 $17,103,234 $17,135,387 $17,135,387 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 $16,550,278 $16,550,278 $16,550,278 $16,550,278 3366 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS 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 Medical Assistance Program CFDA93.778 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 Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $16,550,278 $54,300,287 $16,550,278 $59,268,134 $16,550,278 $59,300,287 $16,550,278 $59,300,287 Section Total - Continuation $300,747,134 $300,747,134 $300,747,134 $300,747,134 $300,747,134 $300,747,134 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $5,265,842 $5,265,842 $5,265,842 $5,265,842 $1,531,226 $1,531,226 $1,531,226 $351,158 $351,158 $351,158 $3,383,458 $3,383,458 $3,383,458 $307,619,016 $307,619,016 $307,619,016 $300,747,134 $300,747,134 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,619,016 Section Total - Final $301,689,851 $300,965,540 $301,689,851 $300,965,540 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $5,265,842 $5,265,842 $1,531,226 $1,531,226 $351,158 $351,158 $3,383,458 $3,383,458 $308,561,733 $307,837,422 $300,962,605 $300,962,605 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $307,834,487 $301,248,640 $301,248,640 $1,524,955 $1,524,955 $81,085 $81,085 $81,085 $5,265,842 $5,265,842 $1,531,226 $351,158 $3,383,458 $308,120,522 THURSDAY, MARCH 28, 2013 3367 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 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 $88,760,377 $88,760,377 $1,724,638 $1,724,638 $1,373,480 $351,158 $90,485,015 211.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $931,905 $931,905 $931,905 $931,905 211.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($52,600) ($52,600) ($52,600) ($52,600) 211.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $9,428 $9,428 $9,428 $9,428 211.4 Reduce funds for telecommunications by eliminating landlines for staff employees who have business cell phones. State General Funds ($161,568) ($161,568) ($161,568) ($161,568) 211.5 Reduce funds for contracts in low utilization programs and utilize funds for secure facilities support. State General Funds ($5,918,840) ($5,918,840) ($5,918,840) ($5,918,840) 211.6 Reduce funds for contracts by switching 114 non-secure detention monitoring slots not in independent court districts to active GPS monitoring. (H:Reduce funds for contracts by switching all non-secure detention monitoring slots to active GPS monitoring)(CC:Reduce funds) State General Funds ($1,045,209) ($1,769,520) ($1,700,000) ($1,350,000) 3368 JOURNAL OF THE SENATE 211.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($2,315) 211.99 CC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. Senate: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. House: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. Gov Rev: 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. State General Funds $0 $0 $0 $0 THURSDAY, MARCH 28, 2013 3369 211.100 -Community Services Appropriation (HB 106) 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 residential placement, tracking services, wraparound services, electronic monitoring, or detention in an alternative program. Additionally, Community Supervision supervises youth directly in the community according to their risk and need levels, provides transitional and treatment services to those youth either directly or by brokering or making appropriate referrals for services, and provides agency-wide services, including intake, court services, and case management. TOTAL STATE FUNDS $82,523,493 $81,799,182 $81,868,702 $82,216,387 State General Funds $82,523,493 $81,799,182 $81,868,702 $82,216,387 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,724,638 $1,724,638 $1,724,638 $1,724,638 Federal Funds Transfers $1,724,638 $1,724,638 $1,724,638 $1,724,638 FF Foster Care Title IV-E CFDA93.658 $1,373,480 $1,373,480 $1,373,480 $1,373,480 FF Medical Assistance Program CFDA93.778 $351,158 $351,158 $351,158 $351,158 TOTAL PUBLIC FUNDS $84,248,131 $83,523,820 $83,593,340 $83,941,025 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 $26,944,170 $26,944,170 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 $26,944,170 $26,944,170 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 $26,944,170 $26,944,170 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 $26,944,170 $26,944,170 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,494,052 3370 JOURNAL OF THE SENATE 212.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $310,096 $310,096 $310,096 212.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($63,212) ($63,212) ($63,212) 212.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,864 $2,864 $2,864 212.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($72,455) $310,096 ($63,212) $2,864 ($36,228) 212.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($6,693) 212.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in appropriate settings. TOTAL STATE FUNDS $27,193,918 $27,193,918 $27,121,463 $27,150,997 State General Funds $27,193,918 $27,193,918 $27,121,463 $27,150,997 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 $27,743,800 $27,743,800 $27,671,345 $27,700,879 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. THURSDAY, MARCH 28, 2013 3371 TOTAL STATE FUNDS $0 State General Funds $0 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 $81,513,332 $81,513,332 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891 $81,513,332 $81,513,332 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891 $81,513,332 $81,513,332 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891 $81,513,332 $81,513,332 $1,089,360 $1,089,360 $23,589 $23,589 $23,589 $1,554,610 $1,554,610 $1,554,610 $84,180,891 213.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,141,462 $1,141,462 $1,141,462 $1,141,462 213.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($23,142) ($23,142) ($23,142) ($23,142) 213.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $8,758 $8,758 $8,758 $8,758 213.4 Reduce funds for personnel for two recreation staff positions at Eastman Youth Development Campus (YDC). State General Funds ($79,149) ($79,149) ($79,149) ($79,149) 213.5 Reduce funds for operations related to education services. State General Funds ($537,709) ($537,709) ($537,709) ($537,709) 3372 JOURNAL OF THE SENATE 213.6 Increase funds for operations and personnel for 77 positions for a 30-bed YDC opening January 1, 2014. State General Funds $1,918,974 $1,918,974 $1,918,974 $1,918,974 213.7 Redirect $4,493,720 in existing bond proceeds to construct a 30-bed YDC. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 213.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($45,066) 213.100 -Secure Commitment (YDCs) Appropriation (HB 106) The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440. TOTAL STATE FUNDS $83,942,526 $83,942,526 $83,942,526 $83,897,460 State General Funds $83,942,526 $83,942,526 $83,942,526 $83,897,460 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 $23,589 $23,589 $23,589 $23,589 Sales and Services $23,589 $23,589 $23,589 $23,589 Sales and Services Not Itemized $23,589 $23,589 $23,589 $23,589 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,554,610 $1,554,610 $1,554,610 $1,554,610 Federal Funds Transfers $1,554,610 $1,554,610 $1,554,610 $1,554,610 FF National School Lunch Program CFDA10.555 $1,554,610 $1,554,610 $1,554,610 $1,554,610 TOTAL PUBLIC FUNDS $86,610,085 $86,610,085 $86,610,085 $86,565,019 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 $103,529,255 $103,529,255 $58,758 $103,529,255 $103,529,255 $58,758 $103,529,255 $103,529,255 $58,758 $103,529,255 $103,529,255 $58,758 THURSDAY, MARCH 28, 2013 3373 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 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 214.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,654,252 $1,654,252 $1,654,252 $1,654,252 214.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($30,834) ($30,834) ($30,834) ($30,834) 214.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $10,984 $10,984 $10,984 $10,984 214.4 Increase funds for operations and personnel for 107 positions at the Rockdale Regional Youth Detention Center (RYDC) opening July 1, 2013. State General Funds $2,866,257 $2,866,257 $2,866,257 $2,866,257 214.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($46,118) 214.100 -Secure Detention (RYDCs) Appropriation (HB 106) 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 $108,029,914 $108,029,914 $108,029,914 $107,983,796 State General Funds $108,029,914 $108,029,914 $108,029,914 $107,983,796 TOTAL FEDERAL FUNDS $58,758 $58,758 $58,758 $58,758 3374 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,959,717 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $109,913,599 Section 31: Labor, Department of 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 Section Total - Continuation $14,406,411 $14,406,411 $14,406,411 $14,406,411 $14,406,411 $14,406,411 $122,284,919 $122,284,919 $122,284,919 $122,284,919 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $136,831,603 $136,831,603 $136,831,603 $14,406,411 $14,406,411 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,831,603 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 Section Total - Final $14,045,014 $14,045,014 $14,045,014 $14,045,014 $122,284,919 $122,284,919 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $136,470,206 $136,470,206 $14,045,014 $14,045,014 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,470,206 $14,039,424 $14,039,424 $122,284,919 $122,284,919 $140,273 $140,273 $140,273 $136,464,616 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. THURSDAY, MARCH 28, 2013 3375 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 $1,818,382 $1,818,382 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,270,947 $1,818,382 $1,818,382 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,270,947 $1,818,382 $1,818,382 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,270,947 $1,818,382 $1,818,382 $31,312,292 $31,312,292 $140,273 $140,273 $140,273 $33,270,947 215.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $27,140 $27,140 $27,140 $27,140 215.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $683 $683 $683 $683 215.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $839 $839 $839 $839 215.4 Reduce funds for personnel and eliminate three filled positions. State General Funds ($254,956) ($254,956) ($254,956) ($254,956) 215.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($5,590) 215.100 -Department of Labor Administration Appropriation (HB 106) 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 $1,592,088 $1,592,088 $1,592,088 $1,586,498 State General Funds $1,592,088 $1,592,088 $1,592,088 $1,586,498 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 3376 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $140,273 $140,273 $33,044,653 $140,273 $140,273 $33,044,653 $140,273 $140,273 $33,044,653 $140,273 $140,273 $33,039,063 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 $2,249,873 216.100 -Labor Market Information Appropriation (HB 106) 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 $2,249,873 $2,249,873 $2,249,873 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 $54,962,877 217.1 Utilize existing funds to pay the Unemployment Trust Fund loan interest payment due on September 30, 2013. (Total Funds: $5,789,691)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 THURSDAY, MARCH 28, 2013 3377 217.100 -Unemployment Insurance Appropriation (HB 106) 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 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 $6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906 $6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906 $6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906 $6,798,338 $6,798,338 $39,549,568 $39,549,568 $46,347,906 218.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $68,153 $68,153 $68,153 $68,153 218.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $694 $694 $694 $694 218.3 Reduce funds for personnel for four filled positions. State General Funds ($203,950) ($203,950) ($203,950) ($203,950) 218.100 -Workforce Solutions Appropriation (HB 106) 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 $6,663,235 $6,663,235 $6,663,235 $6,663,235 State General Funds $6,663,235 $6,663,235 $6,663,235 $6,663,235 3378 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 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 State Fund Transfers Not Itemized Agency to Agency Contracts 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 State Funds Transfers State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $39,549,568 $39,549,568 $46,212,803 $39,549,568 $39,549,568 $46,212,803 $39,549,568 $39,549,568 $46,212,803 $39,549,568 $39,549,568 $46,212,803 Section Total - Continuation $18,838,265 $18,838,265 $18,838,265 $18,838,265 $18,838,265 $18,838,265 $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 $36,317,074 $36,317,074 $36,317,074 $788,308 $788,308 $788,308 $59,813,688 $59,813,688 $59,813,688 Section Total - Final $19,239,126 $19,239,126 $19,239,126 $19,239,126 $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 $36,317,074 $36,317,074 $788,308 $788,308 $60,214,549 $60,214,549 $19,215,915 $19,215,915 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $60,191,338 $18,838,265 $18,838,265 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $59,813,688 $19,227,251 $19,227,251 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $36,317,074 $788,308 $60,202,674 THURSDAY, MARCH 28, 2013 3379 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 State Fund Transfers Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929 $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929 $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929 $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $36,317,074 $788,308 $55,077,929 219.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $439,387 $439,387 $439,387 $439,387 219.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($54,722) ($54,722) ($54,722) ($54,722) 219.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $4,593 $4,593 $4,593 $4,593 219.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($23,211) ($11,606) 219.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($269) 3380 JOURNAL OF THE SENATE 219.100 -Law, Department of Appropriation (HB 106) The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved. TOTAL STATE FUNDS $18,091,865 $18,091,865 $18,068,654 $18,079,990 State General Funds $18,091,865 $18,091,865 $18,068,654 $18,079,990 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 State Fund Transfers Not Itemized $36,317,074 $36,317,074 $36,317,074 $36,317,074 Agency to Agency Contracts $788,308 $788,308 $788,308 $788,308 TOTAL PUBLIC FUNDS $55,467,187 $55,467,187 $55,443,976 $55,455,312 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 $1,135,658 $1,135,658 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 $1,135,658 $1,135,658 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 $1,135,658 $1,135,658 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 $1,135,658 $1,135,658 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,735,759 220.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $16,361 $16,361 $16,361 $16,361 220.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,758) ($4,758) ($4,758) ($4,758) THURSDAY, MARCH 28, 2013 3381 220.100 -Medicaid Fraud Control Unit Appropriation (HB 106) 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 $1,147,261 $1,147,261 $1,147,261 $1,147,261 State General Funds $1,147,261 $1,147,261 $1,147,261 $1,147,261 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 $4,747,362 $4,747,362 $4,747,362 $4,747,362 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 Sanctions, Fines, and Penalties Section Total - Continuation $92,055,099 $92,055,099 $92,055,099 $92,055,099 $92,055,099 $92,055,099 $54,101,622 $54,101,622 $54,101,622 $54,090,015 $54,090,015 $54,090,015 $11,607 $11,607 $11,607 $107,279,338 $107,279,338 $107,279,338 $541,002 $541,002 $541,002 $541,002 $541,002 $541,002 $115,313 $115,313 $115,313 $115,313 $115,313 $115,313 $2,232,646 $2,232,646 $2,232,646 $2,232,646 $2,232,646 $2,232,646 $3,657 $3,657 $3,657 $3,657 $3,657 $3,657 $56,953 $56,953 $56,953 $56,953 $56,953 $56,953 $104,220,326 $104,220,326 $104,220,326 $104,220,326 $104,220,326 $104,220,326 $109,441 $109,441 $109,441 $92,055,099 $92,055,099 $54,101,622 $54,090,015 $11,607 $107,279,338 $541,002 $541,002 $115,313 $115,313 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 3382 JOURNAL OF THE SENATE Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $109,441 $30,000 $30,000 $30,000 $253,466,059 $109,441 $30,000 $30,000 $30,000 $253,466,059 $109,441 $30,000 $30,000 $30,000 $253,466,059 $109,441 $30,000 $30,000 $30,000 $253,466,059 Section Total - Final TOTAL STATE FUNDS $90,937,432 $92,695,984 State General Funds $90,937,432 $92,695,984 TOTAL FEDERAL FUNDS $54,005,042 $54,005,042 Federal Funds Not Itemized $53,993,435 $53,993,435 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $11,607 TOTAL AGENCY FUNDS $107,164,025 $107,164,025 Contributions, Donations, and Forfeitures $541,002 $541,002 Contributions, Donations, and Forfeitures Not Itemized $541,002 $541,002 Intergovernmental Transfers $2,232,646 $2,232,646 Intergovernmental Transfers Not Itemized $2,232,646 $2,232,646 Rebates, Refunds, and Reimbursements $3,657 $3,657 Rebates, Refunds, and Reimbursements Not Itemized $3,657 $3,657 Royalties and Rents $56,953 $56,953 Royalties and Rents Not Itemized $56,953 $56,953 Sales and Services $104,220,326 $104,220,326 Sales and Services Not Itemized $104,220,326 $104,220,326 Sanctions, Fines, and Penalties $109,441 $109,441 Sanctions, Fines, and Penalties Not Itemized $109,441 $109,441 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 $30,000 State Funds Transfers $30,000 $30,000 Agency to Agency Contracts $30,000 $30,000 TOTAL PUBLIC FUNDS $252,136,499 $253,895,051 $92,580,429 $92,580,429 $54,005,042 $53,993,435 $11,607 $107,164,025 $541,002 $541,002 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,779,496 $92,494,032 $92,494,032 $54,005,042 $53,993,435 $11,607 $107,164,025 $541,002 $541,002 $2,232,646 $2,232,646 $3,657 $3,657 $56,953 $56,953 $104,220,326 $104,220,326 $109,441 $109,441 $30,000 $30,000 $30,000 $253,693,099 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 THURSDAY, MARCH 28, 2013 3383 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 $2,114,490 $2,114,490 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482 $2,114,490 $2,114,490 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482 $2,114,490 $2,114,490 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482 $2,114,490 $2,114,490 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $6,695,482 221.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $30,860 $30,860 $30,860 221.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($2,095) ($2,095) ($2,095) 221.3 Reduce funds for operations and replace with federal funds. State General Funds ($69,698) ($69,698) ($69,698) 221.4 Reduce funds for operations. State General Funds ($20,000) ($20,000) ($20,000) $30,860 ($2,095) ($69,698) ($20,000) 221.100 -Coastal Resources Appropriation (HB 106) 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 $2,053,557 $2,053,557 $2,053,557 $2,053,557 3384 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 Royalties and Rents Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $2,053,557 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $6,634,549 $2,053,557 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $6,634,549 $2,053,557 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $6,634,549 $2,053,557 $4,470,663 $4,470,663 $110,329 $81,001 $81,001 $29,328 $29,328 $6,634,549 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 $11,559,274 $11,559,274 $110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339 $11,559,274 $11,559,274 $110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339 $11,559,274 $11,559,274 $110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339 $11,559,274 $11,559,274 $110,000 $110,000 $39,065 $39,065 $39,065 $11,708,339 222.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $164,219 $164,219 $164,219 $164,219 222.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,150) ($11,150) ($11,150) ($11,150) 222.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $21,326 $21,326 $21,326 $21,326 222.4 Reduce funds for personnel and eliminate one vacant position. State General Funds ($140,147) ($140,147) ($140,147) ($140,147) THURSDAY, MARCH 28, 2013 3385 222.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($147,804) 222.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,593,522 $11,593,522 $11,593,522 $11,445,718 State General Funds $11,593,522 $11,593,522 $11,593,522 $11,445,718 TOTAL FEDERAL FUNDS $110,000 $110,000 $110,000 $110,000 Federal Funds Not Itemized $110,000 $110,000 $110,000 $110,000 TOTAL AGENCY FUNDS $39,065 $39,065 $39,065 $39,065 Sales and Services $39,065 $39,065 $39,065 $39,065 Sales and Services Not Itemized $39,065 $39,065 $39,065 $39,065 TOTAL PUBLIC FUNDS $11,742,587 $11,742,587 $11,742,587 $11,594,783 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 Sales and Services Sales and Services Not Itemized $25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 $25,928,053 $25,928,053 $32,861,619 $32,861,619 $56,778,515 $56,778,515 $56,778,515 3386 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $115,568,187 $115,568,187 $115,568,187 $115,568,187 223.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $361,595 $361,595 $361,595 $361,595 223.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($24,554) ($24,554) ($24,554) ($24,554) 223.3 Eliminate funds for one-time funding of the Georgia Water Policy Center. (H and S:Reduce funds for the Georgia Water Policy Center) State General Funds ($150,000) ($100,000) ($50,000) ($75,000) 223.4 Increase funds for Regional Water Councils. State General Funds $500,000 $500,000 $500,000 $500,000 223.5 Reduce funds for personnel and eliminate six positions. State General Funds ($575,108) ($575,108) ($575,108) ($575,108) 223.6 Reduce funds for contracts. State General Funds ($140,000) ($140,000) ($140,000) ($140,000) 223.7 Reduce funds for real estate rentals. State General Funds ($72,932) ($72,932) ($72,932) ($72,932) 223.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($4,148) 223.100 -Environmental Protection Appropriation (HB 106) 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 THURSDAY, MARCH 28, 2013 3387 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 $25,827,054 $25,877,054 $25,927,054 $25,897,906 State General Funds $25,827,054 $25,877,054 $25,927,054 $25,897,906 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 $56,778,515 $56,778,515 $56,778,515 $56,778,515 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 $115,467,188 $115,517,188 $115,567,188 $115,538,040 Hazardous Waste Trust Fund Continuation Budget The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost- sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 224.1 Retain 100% of funds and utilize for clean-up activities, local government reimbursement, and operations. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 224.100 -Hazardous Waste Trust Fund Appropriation (HB 106) 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. 3388 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $3,397,423 $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 $1,306,663 $1,306,663 $1,020,787 $1,009,180 $11,607 $2,327,450 $1,306,663 $1,306,663 $1,020,787 $1,009,180 $11,607 $2,327,450 $1,306,663 $1,306,663 $1,020,787 $1,009,180 $11,607 $2,327,450 $1,306,663 $1,306,663 $1,020,787 $1,009,180 $11,607 $2,327,450 225.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $20,222 $20,222 $20,222 $20,222 225.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,373) ($1,373) ($1,373) ($1,373) 225.3 Transfer funds and four positions from the Parks, Recreation and Historic Sites program to the Historic Preservation program for personnel and operations of the Cultural Resources Unit. State General Funds $273,619 $273,619 $273,619 $273,619 225.4 Reduce funds for personnel and replace with federal funds. State General Funds ($18,316) ($18,316) ($18,316) ($18,316) 225.100 -Historic Preservation Appropriation (HB 106) The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation THURSDAY, MARCH 28, 2013 3389 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 $1,580,815 $1,580,815 $1,580,815 $1,580,815 State General Funds $1,580,815 $1,580,815 $1,580,815 $1,580,815 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 $2,601,602 $2,601,602 $2,601,602 $2,601,602 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,696,318 $13,696,318 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301 $13,696,318 $13,696,318 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301 $13,696,318 $13,696,318 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301 $13,696,318 $13,696,318 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,881,301 226.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $193,946 $193,946 $193,946 $193,946 226.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($13,170) ($13,170) ($13,170) ($13,170) 3390 JOURNAL OF THE SENATE 226.3 Transfer funds from the Parks, Recreation and Historic Sites program to the Historic Preservation program for personnel and operations of the Cultural Resources Unit. State General Funds ($273,619) ($273,619) ($273,619) ($273,619) 226.4 Reduce funds for operations. State General Funds ($304,392) ($254,392) ($304,392) ($279,392) 226.5 Reduce funds for personnel and eliminate two filled positions. (H:NO)(S and CC:Reduce funds for personnel) State General Funds ($237,657) $0 ($50,000) ($50,000) 226.6 Increase funds to provide for the second installment of the law enforcement career ladder in the Parks, Recreation, and Historic Sites Program. State General Funds $341,547 $341,547 $341,547 226.100 -Parks, Recreation and Historic Sites Appropriation (HB 106) 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 $13,061,426 $13,690,630 $13,590,630 $13,615,630 State General Funds $13,061,426 $13,690,630 $13,590,630 $13,615,630 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 Sales and Services $38,887,593 $38,887,593 $38,887,593 $38,887,593 Sales and Services Not Itemized $38,887,593 $38,887,593 $38,887,593 $38,887,593 TOTAL PUBLIC FUNDS $56,246,409 $56,875,613 $56,775,613 $56,800,613 Pollution Prevention Assistance Continuation Budget The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory THURSDAY, MARCH 28, 2013 3391 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 $211,893 227.1 Eliminate funds and seven positions for the Pollution Prevention and Assistance program. Federal Funds Not Itemized Reserved Fund Balances Not Itemized Total Public Funds: ($96,580) ($115,313) ($211,893) ($96,580) ($115,313) ($211,893) ($96,580) ($115,313) ($211,893) ($96,580) ($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 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 $1,923,479 228.1 Reduce funds for operations. State General Funds ($57,704) ($57,704) ($57,704) ($57,704) 228.100 -Solid Waste Trust Fund Appropriation (HB 106) 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. 3392 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 $1,865,775 Wildlife Resources Continuation Budget The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $32,129,399 $32,129,399 $13,837,944 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 $32,129,399 $32,129,399 $13,837,944 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 $32,129,399 $32,129,399 $13,837,944 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 $32,129,399 $32,129,399 $13,837,944 $13,837,944 $8,755,162 $99,286 $99,286 $3,657 $3,657 $27,625 $27,625 $8,515,153 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,752,505 229.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $492,382 $492,382 $492,382 $492,382 THURSDAY, MARCH 28, 2013 3393 229.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($33,438) ($33,438) ($33,438) ($33,438) 229.3 Reduce funds for personnel and eliminate two filled and three vacant positions. (H and CC:Reduce vacancies) State General Funds ($433,423) ($367,868) ($433,423) ($367,868) 229.4 Reduce funds for operations. State General Funds ($305,762) ($305,762) ($305,762) ($305,762) 229.5 Reduce funds for operations and replace with federal funds. State General Funds ($291,298) ($291,298) ($291,298) ($291,298) 229.6 Increase funds to provide for the second installment of the law enforcement career ladder in the Wildlife Resources Program. State General Funds $1,013,793 $1,013,793 $1,013,793 229.100 -Wildlife Resources Appropriation (HB 106) 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 $31,557,860 $32,637,208 $32,571,653 $32,637,208 State General Funds $31,557,860 $32,637,208 $32,571,653 $32,637,208 TOTAL FEDERAL FUNDS $13,837,944 $13,837,944 $13,837,944 $13,837,944 Federal Funds Not Itemized $13,837,944 $13,837,944 $13,837,944 $13,837,944 TOTAL AGENCY FUNDS $8,755,162 $8,755,162 $8,755,162 $8,755,162 Contributions, Donations, and Forfeitures $99,286 $99,286 $99,286 $99,286 Contributions, Donations, and Forfeitures Not Itemized $99,286 $99,286 $99,286 $99,286 Rebates, Refunds, and Reimbursements $3,657 $3,657 $3,657 $3,657 Rebates, Refunds, and Reimbursements Not Itemized $3,657 $3,657 $3,657 $3,657 Royalties and Rents $27,625 $27,625 $27,625 $27,625 Royalties and Rents Not Itemized $27,625 $27,625 $27,625 $27,625 Sales and Services $8,515,153 $8,515,153 $8,515,153 $8,515,153 3394 JOURNAL OF THE SENATE 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 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $54,180,966 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $55,260,314 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $55,194,759 $8,515,153 $109,441 $109,441 $30,000 $30,000 $30,000 $55,260,314 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 20 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 20 of 20 years; last payment being made June 15, 2014. Section 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $53,881,771 $53,881,771 $53,881,771 $53,881,771 $53,881,771 $53,881,771 $806,050 $806,050 $806,050 $806,050 $806,050 $806,050 $54,687,821 $54,687,821 $54,687,821 $53,881,771 $53,881,771 $806,050 $806,050 $54,687,821 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $52,993,221 $52,993,221 $52,993,221 $52,993,221 $806,050 $806,050 $806,050 $806,050 $53,799,271 $53,799,271 $52,982,180 $52,982,180 $806,050 $806,050 $53,788,230 $52,986,608 $52,986,608 $806,050 $806,050 $53,792,658 THURSDAY, MARCH 28, 2013 3395 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 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 230.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $67,530 $67,530 $67,530 $67,530 230.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($7,475) ($7,475) ($7,475) ($7,475) 230.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $5,335 $5,335 $5,335 $5,335 230.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($11,041) ($5,521) 230.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($1,092) 230.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,018,284 $5,018,284 State General Funds $5,018,284 $5,018,284 TOTAL PUBLIC FUNDS $5,018,284 $5,018,284 Appropriation (HB 106) $5,007,243 $5,007,243 $5,007,243 $5,011,671 $5,011,671 $5,011,671 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. 3396 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 $11,610,330 231.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $241,178 $241,178 $241,178 $241,178 231.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,196) ($1,196) ($1,196) ($1,196) 231.3 Transfer funds from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative. State General Funds $139,478 $139,478 $139,478 $139,478 231.4 Reduce funds for personnel. State General Funds ($43,000) ($43,000) ($43,000) ($43,000) 231.100 -Clemency Decisions Appropriation (HB 106) 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 $11,946,790 $11,946,790 $11,946,790 $11,946,790 State General Funds $11,946,790 $11,946,790 $11,946,790 $11,946,790 TOTAL PUBLIC FUNDS $11,946,790 $11,946,790 $11,946,790 $11,946,790 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 $36,867,564 $36,867,564 $36,867,564 $36,867,564 $36,867,564 $36,867,564 $36,867,564 $36,867,564 THURSDAY, MARCH 28, 2013 3397 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $806,050 $806,050 $37,673,614 $806,050 $806,050 $37,673,614 $806,050 $806,050 $37,673,614 $806,050 $806,050 $37,673,614 232.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $646,358 $646,358 $646,358 $646,358 232.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($20,930) ($20,930) ($20,930) ($20,930) 232.3 Reduce funds for personnel for overtime and temporary labor. State General Funds ($57,000) ($57,000) ($57,000) ($57,000) 232.4 Reduce funds for personnel and eliminate 14 administrative positions as part of the virtual office initiative. State General Funds ($509,715) ($509,715) ($509,715) ($509,715) 232.5 Reduce funds for operations as part of the virtual office initiative. State General Funds ($105,483) ($105,483) ($105,483) ($105,483) 232.6 Reduce funds for rent due to closing parole offices as part of the virtual office initiative. State General Funds ($1,113,500) ($1,113,500) ($1,113,500) ($1,113,500) 232.7 Transfer funds from the Parole Supervision program to the Clemency Decisions program to support the Maxout Transitional Center initiative. State General Funds ($139,478) ($139,478) ($139,478) ($139,478) 232.100 -Parole Supervision Appropriation (HB 106) 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 $35,567,816 $35,567,816 $35,567,816 $35,567,816 State General Funds $35,567,816 $35,567,816 $35,567,816 $35,567,816 3398 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $806,050 $806,050 $36,373,866 $806,050 $806,050 $36,373,866 $806,050 $806,050 $36,373,866 $806,050 $806,050 $36,373,866 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 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 $450,983 233.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $9,647 $9,647 $9,647 $9,647 233.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($299) ($299) ($299) ($299) 233.100 -Victim Services Appropriation (HB 106) 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 $460,331 $460,331 $460,331 $460,331 State General Funds $460,331 $460,331 $460,331 $460,331 TOTAL PUBLIC FUNDS $460,331 $460,331 $460,331 $460,331 Section 35: Properties Commission, State Section Total - Continuation 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 THURSDAY, MARCH 28, 2013 3399 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized 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 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $114,967 $114,967 $114,967 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $705,234 $705,234 $705,234 $820,201 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 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 State Fund Transfers Not Itemized 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 $842,012 234.1 Reduce funds for operations. State Fund Transfers Not Itemized ($21,811) ($21,811) ($21,811) ($21,811) 3400 JOURNAL OF THE SENATE 234.100 -Properties Commission, State Appropriation (HB 106) 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 State Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 $114,967 $114,967 $114,967 $705,234 $705,234 $705,234 $820,201 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 $0 235.1 Reduce funds due to utility savings from reduced rates and Trade Port vacancy. (Total Funds: $824,123)(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 $40,400,824 $40,400,824 $40,400,824 $40,400,824 $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $40,740,824 $40,740,824 $40,740,824 $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $40,740,824 THURSDAY, MARCH 28, 2013 3401 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 $41,103,462 $41,186,595 $41,103,462 $41,186,595 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $41,443,462 $41,526,595 $41,206,695 $41,206,695 $340,000 $340,000 $340,000 $41,546,695 $41,218,026 $41,218,026 $340,000 $340,000 $340,000 $41,558,026 Public Defender Standards Council Continuation Budget The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $6,005,496 $6,005,496 $340,000 $340,000 $340,000 $6,345,496 $6,005,496 $6,005,496 $340,000 $340,000 $340,000 $6,345,496 $6,005,496 $6,005,496 $340,000 $340,000 $340,000 $6,345,496 $6,005,496 $6,005,496 $340,000 $340,000 $340,000 $6,345,496 236.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $94,907 $94,907 $94,907 $94,907 236.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($6,853) ($6,853) ($6,853) ($6,853) 236.3 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($22,663) ($11,332) 236.100 -Public Defender Standards Council Appropriation (HB 106) 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 $6,093,550 $6,093,550 $6,070,887 $6,082,218 State General Funds $6,093,550 $6,093,550 $6,070,887 $6,082,218 3402 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $340,000 $340,000 $340,000 $6,433,550 $340,000 $340,000 $340,000 $6,433,550 $340,000 $340,000 $340,000 $6,410,887 $340,000 $340,000 $340,000 $6,422,218 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 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 $34,395,328 237.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $635,144 $635,144 $635,144 $635,144 237.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($20,560) ($20,560) ($20,560) ($20,560) 237.3 Increase funds to annualize two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Judicial Circuits funded in HB742 (2012 Session). State General Funds $55,422 $55,422 $55,422 237.4 Increase funds as authorized in HB451 (2013 Session) for one Assistant Public Defender starting January 1, 2014 to reflect a new judgeship in the Chattahoochee Judicial District. (S and CC:Increase funds for two Assistant Public Defender positions in the Chattahoochee and Oconee Judicial Districts starting January 1, 2014) State General Funds $27,711 $70,474 $70,474 237.100 -Public Defenders Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3403 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $35,009,912 $35,009,912 $35,009,912 $35,093,045 $35,093,045 $35,093,045 $35,135,808 $35,135,808 $35,135,808 $35,135,808 $35,135,808 $35,135,808 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 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 Section Total - Continuation $218,182,965 $218,182,965 $218,182,965 $203,773,265 $203,773,265 $203,773,265 $12,013,120 $12,013,120 $12,013,120 $2,396,580 $2,396,580 $2,396,580 $431,693,325 $431,693,325 $431,693,325 $395,431,831 $395,431,831 $395,431,831 $20,886,897 $20,886,897 $20,886,897 $2,912,917 $2,912,917 $2,912,917 $2,057,150 $2,057,150 $2,057,150 $10,404,530 $10,404,530 $10,404,530 $10,404,530 $10,404,530 $10,404,530 $51,595,724 $51,595,724 $51,595,724 $459,137 $459,137 $459,137 $459,137 $459,137 $459,137 $492,224 $492,224 $492,224 $492,224 $492,224 $492,224 $50,644,363 $50,644,363 $50,644,363 $50,644,363 $50,644,363 $50,644,363 $916,097 $916,097 $916,097 $845,408 $845,408 $845,408 $845,408 $845,408 $845,408 $70,689 $70,689 $70,689 $70,689 $70,689 $70,689 $702,388,111 $702,388,111 $702,388,111 $218,182,965 $203,773,265 $12,013,120 $2,396,580 $431,693,325 $395,431,831 $20,886,897 $2,912,917 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $702,388,111 TOTAL STATE FUNDS Section Total - Final $222,031,430 $222,850,083 $223,596,387 $222,915,836 3404 JOURNAL OF THE SENATE State General Funds $206,550,068 Tobacco Settlement Funds $13,492,860 Brain & Spinal Injury Trust Fund $1,988,502 TOTAL FEDERAL FUNDS $430,706,774 Federal Funds Not Itemized $395,431,831 Maternal & Child Health Services Block Grant CFDA93.994 $20,886,897 Medical Assistance Program CFDA93.778 $1,926,366 Preventive Health & Health Services Block Grant CFDA93.991 $2,057,150 Temporary Assistance for Needy Families $10,404,530 Temporary Assistance for Needy Families Grant CFDA93.558 $10,404,530 TOTAL AGENCY FUNDS $51,595,724 Contributions, Donations, and Forfeitures $459,137 Contributions, Donations, and Forfeitures Not Itemized $459,137 Intergovernmental Transfers $492,224 Intergovernmental Transfers Not Itemized $492,224 Sales and Services $50,644,363 Sales and Services Not Itemized $50,644,363 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $916,097 State Funds Transfers $845,408 Agency to Agency Contracts $845,408 Federal Funds Transfers $70,689 FF National School Lunch Program CFDA10.555 $70,689 TOTAL PUBLIC FUNDS $705,250,025 $207,368,721 $13,492,860 $1,988,502 $430,706,774 $395,431,831 $20,886,897 $1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $706,068,678 $208,115,025 $13,492,860 $1,988,502 $430,706,774 $395,431,831 $20,886,897 $1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $706,814,982 $207,434,474 $13,492,860 $1,988,502 $430,706,774 $395,431,831 $20,886,897 $1,926,366 $2,057,150 $10,404,530 $10,404,530 $51,595,724 $459,137 $459,137 $492,224 $492,224 $50,644,363 $50,644,363 $916,097 $845,408 $845,408 $70,689 $70,689 $706,134,431 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 $8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 $8,903,663 $3,751,224 $5,152,439 $28,088,004 $16,534,474 THURSDAY, MARCH 28, 2013 3405 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 $1,000,000 $149,000 $10,404,530 $10,404,530 $827,224 $335,000 $335,000 $492,224 $492,224 $410,000 $410,000 $410,000 $38,228,891 238.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $26,068 $26,068 $26,068 $26,068 238.2 Reduce funds for personnel for three vacant positions. State General Funds ($239,233) ($239,233) ($239,233) ($239,233) 238.3 Increase funds for the SHAPE initiative contract. State General Funds $170,625 $170,625 $170,625 $170,625 238.4 Reduce funds for personnel and operations for the Columbus STD and family planning case finding program. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 238.5 Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) ($275,000) and Regional Cancer Coalitions ($1,204,740). (H and S:Transfer funds from the Department of Economic Development to the Department of Public Health for the Georgia Center for Oncology Research and Education (CORE) and recognize funding for Regional Cancer Coalitions in line 238.6) Tobacco Settlement Funds $1,479,740 $275,000 $275,000 $275,000 3406 JOURNAL OF THE SENATE 238.6 Increase funds for Regional Cancer Coalitions with each of the five Regional Cancer Coalitions receiving $240,948. Tobacco Settlement Funds $1,204,740 $1,204,740 $1,204,740 238.100 -Adolescent and Adult Health Promotion Appropriation (HB 106) The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. TOTAL STATE FUNDS $10,280,863 $10,280,863 $10,280,863 $10,280,863 State General Funds $3,648,684 $3,648,684 $3,648,684 $3,648,684 Tobacco Settlement Funds $6,632,179 $6,632,179 $6,632,179 $6,632,179 TOTAL FEDERAL FUNDS $28,088,004 $28,088,004 $28,088,004 $28,088,004 Federal Funds Not Itemized $16,534,474 $16,534,474 $16,534,474 $16,534,474 Maternal & Child Health Services Block Grant CFDA93.994 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Preventive Health & Health Services Block Grant CFDA93.991 $149,000 $149,000 $149,000 $149,000 Temporary Assistance for Needy Families $10,404,530 $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 $10,404,530 TOTAL AGENCY FUNDS $827,224 $827,224 $827,224 $827,224 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 Intergovernmental Transfers $492,224 $492,224 $492,224 $492,224 Intergovernmental Transfers Not Itemized $492,224 $492,224 $492,224 $492,224 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $410,000 $410,000 $410,000 $410,000 State Funds Transfers $410,000 $410,000 $410,000 $410,000 Agency to Agency Contracts $410,000 $410,000 $410,000 $410,000 TOTAL PUBLIC FUNDS $39,606,091 $39,606,091 $39,606,091 $39,606,091 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 $7,224,986 $611,737 $6,613,249 $300,000 $7,224,986 $611,737 $6,613,249 $300,000 $7,224,986 $611,737 $6,613,249 $300,000 $7,224,986 $611,737 $6,613,249 $300,000 THURSDAY, MARCH 28, 2013 3407 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $300,000 $7,524,986 $300,000 $7,524,986 $300,000 $7,524,986 $300,000 $7,524,986 239.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $3,171 $3,171 $3,171 $3,171 239.2 Reduce funds by moving hypertension clients to a local Federally Qualified Health Center for all healthcare needs including hypertension management. State General Funds ($611,737) ($611,737) ($611,737) 239.100 -Adult Essential Health Treatment Services Appropriation (HB 106) 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 $7,228,157 $6,616,420 $6,616,420 $6,616,420 State General Funds $614,908 $3,171 $3,171 $3,171 Tobacco Settlement Funds $6,613,249 $6,613,249 $6,613,249 $6,613,249 TOTAL FEDERAL FUNDS $300,000 $300,000 $300,000 $300,000 Preventive Health & Health Services Block Grant CFDA93.991 $300,000 $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $7,528,157 $6,916,420 $6,916,420 $6,916,420 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $20,492,715 $20,360,920 $131,795 $7,654,298 $5,375,140 $1,807,258 $471,900 $28,147,013 $20,492,715 $20,360,920 $131,795 $7,654,298 $5,375,140 $1,807,258 $471,900 $28,147,013 $20,492,715 $20,360,920 $131,795 $7,654,298 $5,375,140 $1,807,258 $471,900 $28,147,013 $20,492,715 $20,360,920 $131,795 $7,654,298 $5,375,140 $1,807,258 $471,900 $28,147,013 240.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $358,897 $358,897 $358,897 $358,897 3408 JOURNAL OF THE SENATE 240.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,967,384 $1,967,384 $1,967,384 $1,967,384 240.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $23,376 $23,376 $23,376 $23,376 240.4 Reduce funds for personnel. State General Funds ($1,880,240) ($1,880,240) ($1,880,240) ($1,880,240) 240.5 Reduce funds for operations. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 240.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($53,696) ($26,848) 240.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($7,399) 240.100 -Departmental Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $20,922,132 $20,922,132 $20,868,436 $20,887,885 State General Funds $20,790,337 $20,790,337 $20,736,641 $20,756,090 Tobacco Settlement Funds $131,795 $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $7,654,298 $7,654,298 $7,654,298 $7,654,298 Federal Funds Not Itemized $5,375,140 $5,375,140 $5,375,140 $5,375,140 Medical Assistance Program CFDA93.778 $1,807,258 $1,807,258 $1,807,258 $1,807,258 Preventive Health & Health Services Block Grant CFDA93.991 $471,900 $471,900 $471,900 $471,900 TOTAL PUBLIC FUNDS $28,576,430 $28,576,430 $28,522,734 $28,542,183 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. THURSDAY, MARCH 28, 2013 3409 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,753,939 $2,753,939 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 $2,753,939 $2,753,939 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 $2,753,939 $2,753,939 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 $2,753,939 $2,753,939 $35,127,019 $34,747,019 $280,000 $100,000 $976 $976 $976 $221,000 $221,000 $221,000 $38,102,934 241.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $47,193 $47,193 $47,193 $47,193 241.2 Reduce funds added in HB742 (2012 Session) for one-time funding 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. State General Funds ($350,000) ($350,000) ($350,000) ($350,000) 241.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 106) 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 $2,451,132 $2,451,132 $2,451,132 $2,451,132 State General Funds $2,451,132 $2,451,132 $2,451,132 $2,451,132 TOTAL FEDERAL FUNDS $35,127,019 $35,127,019 $35,127,019 $35,127,019 Federal Funds Not Itemized $34,747,019 $34,747,019 $34,747,019 $34,747,019 Maternal & Child Health Services Block Grant CFDA93.994 $280,000 $280,000 $280,000 $280,000 Preventive Health & Health Services Block Grant CFDA93.991 $100,000 $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $976 $976 $976 $976 Sales and Services $976 $976 $976 $976 3410 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $976 $221,000 $221,000 $221,000 $37,800,127 $976 $221,000 $221,000 $221,000 $37,800,127 $976 $221,000 $221,000 $221,000 $37,800,127 $976 $221,000 $221,000 $221,000 $37,800,127 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 $4,164,813 $4,049,176 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 $4,164,813 $4,049,176 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 $4,164,813 $4,049,176 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 $4,164,813 $4,049,176 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $9,169,085 242.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $27,028 $27,028 $27,028 $27,028 242.2 Reduce funds for tuberculosis detection, prevention, and treatment. State General Funds ($200,000) $0 ($100,000) 242.3 Increase funds for the Fulton DeKalb Hospital Authority for the Georgia Poison Control Center. State General Funds $50,000 $50,000 $50,000 THURSDAY, MARCH 28, 2013 3411 242.100 -Epidemiology Appropriation (HB 106) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $4,191,841 $4,041,841 $4,241,841 $4,141,841 State General Funds $4,076,204 $3,926,204 $4,126,204 $4,026,204 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 $9,196,113 $9,046,113 $9,246,113 $9,146,113 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 $2,505,125 $2,505,125 $8,406,339 $7,906,339 $500,000 $10,911,464 $2,505,125 $2,505,125 $8,406,339 $7,906,339 $500,000 $10,911,464 $2,505,125 $2,505,125 $8,406,339 $7,906,339 $500,000 $10,911,464 $2,505,125 $2,505,125 $8,406,339 $7,906,339 $500,000 $10,911,464 243.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $2,139 $2,139 $2,139 $2,139 243.100 -Immunization Appropriation (HB 106) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,507,264 $2,507,264 $2,507,264 $2,507,264 State General Funds $2,507,264 $2,507,264 $2,507,264 $2,507,264 3412 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $8,406,339 $7,906,339 $500,000 $10,913,603 $8,406,339 $7,906,339 $500,000 $10,913,603 $8,406,339 $7,906,339 $500,000 $10,913,603 $8,406,339 $7,906,339 $500,000 $10,913,603 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $22,079,771 $22,079,771 $27,264,919 $18,449,501 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 $22,079,771 $22,079,771 $27,264,919 $18,449,501 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 $22,079,771 $22,079,771 $27,264,919 $18,449,501 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 $22,079,771 $22,079,771 $27,264,919 $18,449,501 $8,698,918 $116,500 $75,000 $75,000 $75,000 $49,419,690 244.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $30,541 $30,541 $30,541 $30,541 244.2 Reduce funds for programmatic grant-in-aid for Children's Medical Services. State General Funds ($576,574) ($576,574) ($576,574) ($576,574) 244.3 Reduce funds for programmatic grant-in-aid for the genetics and sickle cell testing program. (S and CC:Reduce funds for programmatic grant-in-aid for genetics testing and recognize an alternative delivery mechanism for the sickle cell testing program) State General Funds ($525,172) ($525,172) ($525,172) ($525,172) 244.4 Reduce funds for the Oral Health Prevention Program and replace with existing federal funds. State General Funds ($274,657) ($274,657) ($274,657) ($274,657) THURSDAY, MARCH 28, 2013 3413 244.5 Increase funds for the sickle cell disease treatment contract. State General Funds $150,000 $150,000 $150,000 $150,000 244.6 Reduce funds for the Hemophilia of Georgia contract and reflect savings from moving high-cost hemophilia clients to the PreExisting Condition Insurance Plan (PCIP). (H and S:Reduce hemophilia contract) State General Funds ($239,018) ($189,018) ($189,018) ($189,018) 244.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 106) 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 $20,644,891 $20,694,891 $20,694,891 $20,694,891 State General Funds $20,644,891 $20,694,891 $20,694,891 $20,694,891 TOTAL FEDERAL FUNDS $27,264,919 $27,264,919 $27,264,919 $27,264,919 Federal Funds Not Itemized $18,449,501 $18,449,501 $18,449,501 $18,449,501 Maternal & Child Health Services Block Grant CFDA93.994 $8,698,918 $8,698,918 $8,698,918 $8,698,918 Preventive Health & Health Services Block Grant CFDA93.991 $116,500 $116,500 $116,500 $116,500 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 $47,984,810 $48,034,810 $48,034,810 $48,034,810 Infant and Child Health Promotion Continuation Budget The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services $12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 $12,203,708 $12,203,708 $257,026,187 $246,283,799 $10,623,280 $119,108 $50,049,137 $49,137 $49,137 $50,000,000 3414 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 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 $50,000,000 $267,497 $196,808 $196,808 $70,689 $70,689 $319,546,529 245.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $44,030 $44,030 $44,030 $44,030 245.2 Reduce funds for the Foster Care Project. State General Funds ($55,000) ($55,000) ($55,000) ($55,000) 245.100 -Infant and Child Health Promotion Appropriation (HB 106) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $12,192,738 $12,192,738 $12,192,738 $12,192,738 State General Funds $12,192,738 $12,192,738 $12,192,738 $12,192,738 TOTAL FEDERAL FUNDS $257,026,187 $257,026,187 $257,026,187 $257,026,187 Federal Funds Not Itemized $246,283,799 $246,283,799 $246,283,799 $246,283,799 Maternal & Child Health Services Block Grant CFDA93.994 $10,623,280 $10,623,280 $10,623,280 $10,623,280 Medical Assistance Program CFDA93.778 $119,108 $119,108 $119,108 $119,108 TOTAL AGENCY FUNDS $50,049,137 $50,049,137 $50,049,137 $50,049,137 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 Sales and Services $50,000,000 $50,000,000 $50,000,000 $50,000,000 Sales and Services Not Itemized $50,000,000 $50,000,000 $50,000,000 $50,000,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,497 $267,497 $267,497 $267,497 State Funds Transfers $196,808 $196,808 $196,808 $196,808 Agency to Agency Contracts $196,808 $196,808 $196,808 $196,808 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 $319,535,559 $319,535,559 $319,535,559 $319,535,559 THURSDAY, MARCH 28, 2013 3415 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 $30,499,493 $30,499,493 $60,377,072 $60,292,583 $84,489 $90,876,565 $30,499,493 $30,499,493 $60,377,072 $60,292,583 $84,489 $90,876,565 $30,499,493 $30,499,493 $60,377,072 $60,292,583 $84,489 $90,876,565 $30,499,493 $30,499,493 $60,377,072 $60,292,583 $84,489 $90,876,565 246.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $158,129 $158,129 $158,129 $158,129 246.2 Increase funds to provide clinical services and testing supplies. State General Funds $570,505 $570,505 $570,505 246.100 -Infectious Disease Control Appropriation (HB 106) 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 $30,657,622 $31,228,127 $31,228,127 $31,228,127 State General Funds $30,657,622 $31,228,127 $31,228,127 $31,228,127 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 $91,034,694 $91,605,199 $91,605,199 $91,605,199 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 $3,571,617 $3,571,617 $3,571,617 $3,571,617 $3,571,617 $3,571,617 $3,571,617 $3,571,617 3416 JOURNAL OF THE SENATE 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 $5,160,588 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 247.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $49,242 $49,242 $49,242 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,160,588 $49,242 247.100 -Inspections and Environmental Hazard Control Appropriation (HB 106) 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 $3,620,859 $3,620,859 $3,620,859 $3,620,859 State General Funds $3,620,859 $3,620,859 $3,620,859 $3,620,859 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 $5,209,830 $5,209,830 $5,209,830 $5,209,830 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 $81,858,779 $81,858,779 $986,551 $986,551 $81,858,779 $81,858,779 $986,551 $986,551 $81,858,779 $81,858,779 $986,551 $986,551 $81,858,779 $81,858,779 $986,551 $986,551 THURSDAY, MARCH 28, 2013 3417 TOTAL PUBLIC FUNDS $82,845,330 $82,845,330 $82,845,330 $82,845,330 248.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $4,885,533 $4,885,533 $4,885,533 $4,885,533 248.2 Reduce funds for programmatic grant-in-aid for the Health Check Program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($986,551) ($986,551) ($1,973,102) ($986,551) ($986,551) ($1,973,102) ($986,551) ($986,551) ($1,973,102) ($986,551) ($986,551) ($1,973,102) 248.3 Increase funds for the third year phase-in of the new grant-in-aid formula to hold harmless all counties. State General Funds $1,559,885 $1,559,885 $1,559,885 248.100 -Public Health Formula Grants to Counties Appropriation (HB 106) 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 $85,757,761 $87,317,646 $87,317,646 $87,317,646 State General Funds $85,757,761 $87,317,646 $87,317,646 $87,317,646 TOTAL PUBLIC FUNDS $85,757,761 $87,317,646 $87,317,646 $87,317,646 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 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 249.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $51,134 $51,134 $51,134 $51,134 3418 JOURNAL OF THE SENATE 249.100 -Vital Records Appropriation (HB 106) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $3,641,696 $3,641,696 $3,641,696 $3,641,696 State General Funds $3,641,696 $3,641,696 $3,641,696 $3,641,696 TOTAL FEDERAL FUNDS $530,680 $530,680 $530,680 $530,680 Federal Funds Not Itemized $530,680 $530,680 $530,680 $530,680 TOTAL PUBLIC FUNDS $4,172,376 $4,172,376 $4,172,376 $4,172,376 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 $2,396,580 $0 $2,396,580 $2,396,580 $2,396,580 $0 $2,396,580 $2,396,580 $2,396,580 $0 $2,396,580 $2,396,580 $2,396,580 $0 $2,396,580 $2,396,580 250.1 Reduce funds to reflect FY2012 collections and reduced awards. Brain & Spinal Injury Trust Fund ($408,078) ($408,078) ($408,078) ($408,078) 250.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 106) 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 $1,988,502 $1,988,502 $1,988,502 $1,988,502 Brain & Spinal Injury Trust Fund $1,988,502 $1,988,502 $1,988,502 $1,988,502 TOTAL PUBLIC FUNDS $1,988,502 $1,988,502 $1,988,502 $1,988,502 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 $15,937,214 $15,937,214 $15,937,214 $15,937,214 THURSDAY, MARCH 28, 2013 3419 State General Funds TOTAL PUBLIC FUNDS $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 $15,937,214 251.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $9,381 $9,381 $9,381 $9,381 251.2 Reduce funds for contracts. (CC:Provide funds for trauma center upgrades while reducing purchases of ambulances) State General Funds ($478,116) ($1,078,116) ($478,116) ($1,078,116) 251.3 Increase funds for uncompensated care and trauma readiness costs to reflect increased collections and new trauma centers. State General Funds $477,493 $477,493 $477,493 $477,493 251.4 It is the intent of the General Assembly that the Commission shall submit a report to the House and Senate Appropriations Committee by December 31, 2013 with a plan to address the audit findings detailed in the Performance Audit released in December 2012. (CC:YES) State General Funds $0 251.100 -Georgia Trauma Care Network Commission Appropriation (HB 106) 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 $15,945,972 $15,345,972 $15,945,972 $15,345,972 State General Funds $15,945,972 $15,345,972 $15,945,972 $15,345,972 TOTAL PUBLIC FUNDS $15,945,972 $15,345,972 $15,945,972 $15,345,972 Section 38: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Section Total - Continuation $119,496,578 $119,496,578 $119,496,578 $119,496,578 $119,496,578 $119,496,578 $33,824,374 $33,824,374 $33,824,374 $33,824,374 $33,824,374 $33,824,374 $33,300,269 $33,300,269 $33,300,269 $8,655,538 $8,655,538 $8,655,538 $119,496,578 $119,496,578 $33,824,374 $33,824,374 $33,300,269 $8,655,538 3420 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 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 $8,655,538 $432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400 $235,400 $235,400 $186,856,621 $8,655,538 $432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400 $235,400 $235,400 $186,856,621 $8,655,538 $432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400 $235,400 $235,400 $186,856,621 $8,655,538 $432,765 $432,765 $23,559,566 $23,559,566 $652,400 $652,400 $235,400 $235,400 $235,400 $186,856,621 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $120,099,603 $120,549,191 $120,099,603 $120,549,191 $33,824,374 $33,824,374 $33,824,374 $33,824,374 $33,617,071 $33,300,269 $8,655,538 $8,655,538 $8,655,538 $8,655,538 $432,765 $432,765 $432,765 $432,765 $23,876,368 $23,559,566 $23,876,368 $23,559,566 $652,400 $652,400 $652,400 $652,400 $235,400 $235,400 $235,400 $235,400 $235,400 $235,400 $187,776,448 $187,909,234 $120,284,956 $120,284,956 $33,824,374 $33,824,374 $33,617,071 $8,655,538 $8,655,538 $432,765 $432,765 $23,876,368 $23,876,368 $652,400 $652,400 $235,400 $235,400 $235,400 $187,961,801 $120,420,700 $120,420,700 $33,824,374 $33,824,374 $33,400,269 $8,655,538 $8,655,538 $432,765 $432,765 $23,659,566 $23,659,566 $652,400 $652,400 $235,400 $235,400 $235,400 $187,880,743 Aviation Continuation Budget The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions THURSDAY, MARCH 28, 2013 3421 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,114,878 $3,114,878 $243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 $3,114,878 $3,114,878 $243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 $3,114,878 $3,114,878 $243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 $3,114,878 $3,114,878 $243,034 $243,034 $4,100,000 $4,000,000 $4,000,000 $100,000 $100,000 $7,457,912 252.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $41,597 $41,597 $41,597 $41,597 252.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,077 $1,077 $1,077 $1,077 252.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $223 $223 $223 $223 252.100 -Aviation Appropriation (HB 106) 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 $3,157,775 $3,157,775 $3,157,775 $3,157,775 State General Funds $3,157,775 $3,157,775 $3,157,775 $3,157,775 TOTAL FEDERAL FUNDS $243,034 $243,034 $243,034 $243,034 Federal Funds Not Itemized $243,034 $243,034 $243,034 $243,034 TOTAL AGENCY FUNDS $4,100,000 $4,100,000 $4,100,000 $4,100,000 Intergovernmental Transfers $4,000,000 $4,000,000 $4,000,000 $4,000,000 3422 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,000,000 $100,000 $100,000 $7,500,809 $4,000,000 $100,000 $100,000 $7,500,809 $4,000,000 $100,000 $100,000 $7,500,809 $4,000,000 $100,000 $100,000 $7,500,809 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $0 $0 $7,372,499 $7,372,499 $7,372,499 $7,372,499 253.100 -Capitol Police Services Appropriation (HB 106) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 $7,372,499 Departmental Administration Continuation Budget The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS State General Funds $8,249,014 $8,249,014 $8,249,014 $8,249,014 $8,249,014 $8,249,014 $8,249,014 $8,249,014 THURSDAY, MARCH 28, 2013 3423 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $141,571 $141,571 $3,510 $3,510 $3,510 $8,394,095 $141,571 $141,571 $3,510 $3,510 $3,510 $8,394,095 $141,571 $141,571 $3,510 $3,510 $3,510 $8,394,095 254.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $142,394 $142,394 $142,394 254.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,439 $4,439 $4,439 254.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,571 $1,571 $1,571 254.4 Reduce funds for personnel to reflect furloughs. State General Funds ($39,488) ($39,488) ($39,488) 254.5 Reduce funds for operations. State General Funds ($30,000) ($30,000) ($30,000) 254.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($30,647) $141,571 $141,571 $3,510 $3,510 $3,510 $8,394,095 $142,394 $4,439 $1,571 ($39,488) ($30,000) ($15,324) 254.100 -Departmental Administration Appropriation (HB 106) 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 $8,327,930 $8,327,930 $8,297,283 $8,312,606 State General Funds $8,327,930 $8,327,930 $8,297,283 $8,312,606 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 $141,571 3424 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,510 $3,510 $3,510 $8,473,011 $3,510 $3,510 $3,510 $8,473,011 $3,510 $3,510 $3,510 $8,442,364 $3,510 $3,510 $3,510 $8,457,687 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,602,488 $1,602,488 $336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253 $1,602,488 $1,602,488 $336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253 $1,602,488 $1,602,488 $336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253 $1,602,488 $1,602,488 $336,765 $282,765 $282,765 $54,000 $54,000 $1,939,253 255.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $769 $769 $769 $769 255.2 Transfer funds, 17 positions and 33 motor vehicles from the Executive Security Services program to the Field Offices and Services program. State General Funds Sales and Services Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: ($1,603,257) ($54,000) ($282,765) ($1,940,022) ($1,603,257) ($54,000) ($282,765) ($1,940,022) ($1,603,257) ($54,000) ($282,765) ($1,940,022) ($1,603,257) ($54,000) ($282,765) ($1,940,022) 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. THURSDAY, MARCH 28, 2013 3425 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 $77,541,397 $77,541,397 $8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 $77,541,397 $77,541,397 $8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 $77,541,397 $77,541,397 $8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 $77,541,397 $77,541,397 $8,096,038 $8,096,038 $8,772,400 $2,400,000 $2,400,000 $150,000 $150,000 $5,570,000 $5,570,000 $652,400 $652,400 $94,409,835 256.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,547,751 $1,547,751 $1,547,751 $1,547,751 256.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $68,295 $68,295 $68,295 $68,295 256.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $12,771 $12,771 $12,771 $12,771 256.4 Transfer funds, 36 positions and 30 motor vehicles from the Specialized Collision Reconstruction Team (SCRT) program to the Field Offices and Services program. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: $3,275,622 $205,538 $3,481,160 $3,275,622 $205,538 $3,481,160 $3,275,622 $205,538 $3,481,160 $3,275,622 $205,538 $3,481,160 256.5 Transfer funds, 17 positions, and 33 motor vehicles from the Executive Security Services program to the Field Offices and Services program. 3426 JOURNAL OF THE SENATE State General Funds Sales and Services Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Total Public Funds: $1,603,257 $54,000 $282,765 $1,940,022 $1,603,257 $54,000 $282,765 $1,940,022 $1,603,257 $54,000 $282,765 $1,940,022 $1,603,257 $54,000 $282,765 $1,940,022 256.6 Reduce funds for personnel and reduce administrative positions from five to three as a result of the Specialized Collision Reconstruction Team program integration. State General Funds ($79,081) ($79,081) ($79,081) ($79,081) 256.7 Reduce funds for personnel to replace a Specialized Collision Reconstruction Team Captain position with a Trooper position. State General Funds ($64,556) ($64,556) ($64,556) ($64,556) 256.8 Reduce funds for operations. State General Funds ($169,564) ($169,564) ($169,564) ($169,564) 256.9 Increase funds to reflect projected expenditures. State General Funds $36,983 $0 $36,983 $36,983 256.10 Transfer seven positions from the Georgia Bureau of Investigation to the Department of Public Safety and enter into a Memorandum of Understanding for operational control activities. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 256.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($21,781) 256.100 -Field Offices and Services Appropriation (HB 106) 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 $83,772,875 $83,735,892 $83,772,875 $83,751,094 State General Funds $83,772,875 $83,735,892 $83,772,875 $83,751,094 THURSDAY, MARCH 28, 2013 3427 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 $8,096,038 $8,096,038 $9,314,703 $2,605,538 $2,605,538 $432,765 $432,765 $5,624,000 $5,624,000 $652,400 $652,400 $101,183,616 $8,096,038 $8,096,038 $9,314,703 $2,605,538 $2,605,538 $432,765 $432,765 $5,624,000 $5,624,000 $652,400 $652,400 $101,146,633 $8,096,038 $8,096,038 $9,314,703 $2,605,538 $2,605,538 $432,765 $432,765 $5,624,000 $5,624,000 $652,400 $652,400 $101,183,616 $8,096,038 $8,096,038 $9,314,703 $2,605,538 $2,605,538 $432,765 $432,765 $5,624,000 $5,624,000 $652,400 $652,400 $101,161,835 Motor Carrier Compliance Continuation Budget 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 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 $10,125,133 $10,125,133 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,526,922 $10,125,133 $10,125,133 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,526,922 $10,125,133 $10,125,133 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,526,922 $10,125,133 $10,125,133 $6,277,159 $6,277,159 $8,124,630 $290,000 $290,000 $7,834,630 $7,834,630 $24,526,922 257.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $139,633 $139,633 $139,633 $139,633 3428 JOURNAL OF THE SENATE 257.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $808 $808 $808 $808 257.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $2,808 $2,808 $2,808 $2,808 257.4 Reduce funds for operations. State General Funds ($87,051) ($87,051) ($87,051) ($87,051) 257.5 Reduce funds for motor vehicle purchases. State General Funds ($250,000) ($250,000) ($250,000) ($250,000) 257.6 Reduce funds for information technology. State General Funds ($133,386) ($133,386) ($133,386) ($133,386) 257.7 Replace state funds with Unified Carrier Registration revenue and realize savings by utilizing an automated online fee collection process and existing administrative staff. (G:YES)(H and CC:NO; Prepare to replace state funds with Unified Carrier Registration revenue and utilize an automated online fee collection process and existing administrative staff effective July 1, 2014.) State General Funds $0 257.100 -Motor Carrier Compliance Appropriation (HB 106) 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 $9,797,945 $9,797,945 $9,797,945 $9,797,945 State General Funds $9,797,945 $9,797,945 $9,797,945 $9,797,945 TOTAL FEDERAL FUNDS $6,277,159 $6,277,159 $6,277,159 $6,277,159 Federal Funds Not Itemized $6,277,159 $6,277,159 $6,277,159 $6,277,159 TOTAL AGENCY FUNDS $8,124,630 $8,124,630 $8,124,630 $8,124,630 Intergovernmental Transfers $290,000 $290,000 $290,000 $290,000 THURSDAY, MARCH 28, 2013 3429 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $290,000 $7,834,630 $7,834,630 $24,199,734 $290,000 $7,834,630 $7,834,630 $24,199,734 $290,000 $7,834,630 $7,834,630 $24,199,734 $290,000 $7,834,630 $7,834,630 $24,199,734 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,274,853 $3,274,853 $205,538 $205,538 $205,538 $3,480,391 $3,274,853 $3,274,853 $205,538 $205,538 $205,538 $3,480,391 $3,274,853 $3,274,853 $205,538 $205,538 $205,538 $3,480,391 $3,274,853 $3,274,853 $205,538 $205,538 $205,538 $3,480,391 258.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $769 $769 $769 $769 258.2 Transfer funds, 36 positions and 30 motor vehicles from the Specialized Collision Reconstruction Team program to the Field Offices and Services program. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: ($3,275,622) ($205,538) ($3,481,160) ($3,275,622) ($205,538) ($3,481,160) ($3,275,622) ($205,538) ($3,481,160) ($3,275,622) ($205,538) ($3,481,160) 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 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 3430 JOURNAL OF THE SENATE 259.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $32,602 $32,602 $32,602 259.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $769 $769 $769 259.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $201 $201 $201 $32,602 $769 $201 259.100 -Troop J Specialty Units Appropriation (HB 106) 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 $1,535,585 $1,535,585 $1,535,585 $1,535,585 State General Funds $1,535,585 $1,535,585 $1,535,585 $1,535,585 TOTAL PUBLIC FUNDS $1,535,585 $1,535,585 $1,535,585 $1,535,585 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 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 $635,005 260.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $12,764 $12,764 $12,764 $12,764 260.2 Increase funds for personnel. State General Funds $16,000 $16,000 $16,000 260.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($12) THURSDAY, MARCH 28, 2013 3431 260.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 106) 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 $647,769 $663,769 $663,769 $663,757 State General Funds $647,769 $663,769 $663,769 $663,757 TOTAL PUBLIC FUNDS $647,769 $663,769 $663,769 $663,757 Peace Officer Standards and Training Council, Georgia Continuation Budget The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, certify individuals when all requirements are met, to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 $2,471,897 $2,471,897 $308,051 $308,051 $308,051 $2,779,948 261.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $46,744 $46,744 $46,744 $46,744 261.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,932 $2,932 $2,932 $2,932 261.3 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: ($316,802) $316,802 $0 $0 ($316,802) ($100,000) $0 $316,802 $100,000 $0 $0 $0 261.4 Reduce funds for one-time funding of contracts for newly elected Sheriffs. State General Funds ($401,950) ($401,950) ($401,950) ($401,950) 3432 JOURNAL OF THE SENATE 261.5 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Association of Chiefs of Police training contract. (CC:NO) State General Funds ($232,933) ($232,933) $0 $0 261.6 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Sheriffs' Association training contract. (CC:NO) State General Funds ($295,989) ($295,989) $0 $0 261.7 Reduce funds for personnel. State General Funds ($46,231) $0 ($46,231) 261.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($160) 261.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 106) 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 $1,273,899 $1,544,470 $1,802,821 $1,973,232 State General Funds $1,273,899 $1,544,470 $1,802,821 $1,973,232 TOTAL AGENCY FUNDS $624,853 $308,051 $624,853 $408,051 Sales and Services $624,853 $308,051 $624,853 $408,051 Sales and Services Not Itemized $624,853 $308,051 $624,853 $408,051 TOTAL PUBLIC FUNDS $1,898,752 $1,852,521 $2,427,674 $2,381,283 Public Safety Training Center, Georgia Continuation Budget 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 State General Funds $10,611,301 $10,611,301 $10,611,301 $10,611,301 $10,611,301 $10,611,301 $10,611,301 $10,611,301 THURSDAY, MARCH 28, 2013 3433 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 $1,739,391 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 $1,739,391 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 $1,739,391 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 $1,739,391 $1,739,391 $3,739,774 $1,760,000 $1,760,000 $1,979,774 $1,979,774 $117,000 $117,000 $117,000 $16,207,466 262.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $175,535 $175,535 $175,535 $175,535 262.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $18,773 $18,773 $18,773 $18,773 262.3 Reduce funds for personnel and eliminate two vacant positions. State General Funds ($108,841) ($108,841) ($108,841) ($108,841) 262.4 Reduce funds for contracts due to the closure of the North Central Georgia Law Enforcement Training Academy. (S and CC:Continue contract with North Central Georgia Law Enforcement Training Academy) State General Funds ($200,000) ($200,000) ($50,000) ($50,000) 262.5 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Association of Chiefs of Police training contract. (CC:NO) State General Funds $232,933 $232,933 $0 $0 262.6 Transfer funds from the Peace Officer Standards and Training Council to Georgia Public Safety Training Center (GPSTC) for the Georgia Sheriffs' Association training contract. (CC:NO) State General Funds $295,989 $295,989 $0 $0 3434 JOURNAL OF THE SENATE 262.7 Increase funds for law enforcement training operations at the Dalton Regional Law Enforcement Academy. State General Funds $200,000 $50,000 $50,000 262.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($28,197) 262.100 -Public Safety Training Center, Georgia Appropriation (HB 106) 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 $11,025,690 $11,225,690 $10,696,768 $10,668,571 State General Funds $11,025,690 $11,225,690 $10,696,768 $10,668,571 TOTAL FEDERAL FUNDS $1,739,391 $1,739,391 $1,739,391 $1,739,391 Federal Funds Not Itemized $1,739,391 $1,739,391 $1,739,391 $1,739,391 TOTAL AGENCY FUNDS $3,739,774 $3,739,774 $3,739,774 $3,739,774 Intergovernmental Transfers $1,760,000 $1,760,000 $1,760,000 $1,760,000 Intergovernmental Transfers Not Itemized $1,760,000 $1,760,000 $1,760,000 $1,760,000 Sales and Services $1,979,774 $1,979,774 $1,979,774 $1,979,774 Sales and Services Not Itemized $1,979,774 $1,979,774 $1,979,774 $1,979,774 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $117,000 $117,000 $117,000 $117,000 State Funds Transfers $117,000 $117,000 $117,000 $117,000 Agency to Agency Contracts $117,000 $117,000 $117,000 $117,000 TOTAL PUBLIC FUNDS $16,621,855 $16,821,855 $16,292,933 $16,264,736 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 Sales and Services $368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 $368,599 $368,599 $17,327,181 $17,327,181 $337,102 $337,102 THURSDAY, MARCH 28, 2013 3435 Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $337,102 $118,400 $118,400 $118,400 $18,151,282 $337,102 $118,400 $118,400 $118,400 $18,151,282 $337,102 $118,400 $118,400 $118,400 $18,151,282 $337,102 $118,400 $118,400 $118,400 $18,151,282 263.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $5,878 $5,878 $5,878 $5,878 263.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $11,160 $11,160 $11,160 $11,160 263.3 Increase funds for personnel for five positions to offset a loss of federal funds. State General Funds $185,556 $185,556 $185,556 $185,556 263.4 Reduce funds for real estate rentals. State General Funds ($11,058) ($11,058) ($11,058) ($11,058) 263.100 -Highway Safety, Office of Appropriation (HB 106) 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 $560,135 $560,135 $560,135 $560,135 State General Funds $560,135 $560,135 $560,135 $560,135 TOTAL FEDERAL FUNDS $17,327,181 $17,327,181 $17,327,181 $17,327,181 Federal Funds Not Itemized $17,327,181 $17,327,181 $17,327,181 $17,327,181 TOTAL AGENCY FUNDS $337,102 $337,102 $337,102 $337,102 Sales and Services $337,102 $337,102 $337,102 $337,102 Sales and Services Not Itemized $337,102 $337,102 $337,102 $337,102 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $118,400 $118,400 $118,400 $118,400 State Funds Transfers $118,400 $118,400 $118,400 $118,400 Agency to Agency Contracts $118,400 $118,400 $118,400 $118,400 TOTAL PUBLIC FUNDS $18,342,818 $18,342,818 $18,342,818 $18,342,818 3436 JOURNAL OF THE SENATE Section 39: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $7,963,566 $7,963,566 $7,963,566 $7,963,566 $7,963,566 $7,963,566 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $9,505,287 $9,505,287 $9,505,287 $7,963,566 $7,963,566 $1,541,721 $1,541,721 $9,505,287 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $7,615,664 $7,740,820 $7,615,664 $7,740,820 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $9,157,385 $9,282,541 $7,615,664 $7,615,664 $1,541,721 $1,541,721 $9,157,385 $7,735,488 $7,735,488 $1,541,721 $1,541,721 $9,277,209 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 PUBLIC FUNDS $1,111,939 $1,111,939 $83,500 $83,500 $1,195,439 $1,111,939 $1,111,939 $83,500 $83,500 $1,195,439 $1,111,939 $1,111,939 $83,500 $83,500 $1,195,439 $1,111,939 $1,111,939 $83,500 $83,500 $1,195,439 264.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $24,201 $24,201 $24,201 $24,201 264.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $524 $524 $524 $524 264.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $271 $271 $271 $271 THURSDAY, MARCH 28, 2013 3437 264.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($176) 264.100 -Commission Administration Appropriation (HB 106) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,136,935 $1,136,935 $1,136,935 $1,136,759 State General Funds $1,136,935 $1,136,935 $1,136,935 $1,136,759 TOTAL FEDERAL FUNDS $83,500 $83,500 $83,500 $83,500 Federal Funds Not Itemized $83,500 $83,500 $83,500 $83,500 TOTAL PUBLIC FUNDS $1,220,435 $1,220,435 $1,220,435 $1,220,259 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 $977,613 $977,613 $1,188,246 $1,188,246 $2,165,859 $977,613 $977,613 $1,188,246 $1,188,246 $2,165,859 $977,613 $977,613 $1,188,246 $1,188,246 $2,165,859 $977,613 $977,613 $1,188,246 $1,188,246 $2,165,859 265.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $35,371 $35,371 $35,371 265.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $766 $766 $766 265.3 Reduce funds for operations. State General Funds ($55,123) ($55,123) ($55,123) $35,371 $766 ($55,123) 265.100 -Facility Protection Appropriation (HB 106) 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. 3438 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $958,627 $958,627 $1,188,246 $1,188,246 $2,146,873 $958,627 $958,627 $1,188,246 $1,188,246 $2,146,873 $958,627 $958,627 $1,188,246 $1,188,246 $2,146,873 $958,627 $958,627 $1,188,246 $1,188,246 $2,146,873 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 $5,874,014 $5,874,014 $269,975 $269,975 $6,143,989 $5,874,014 $5,874,014 $269,975 $269,975 $6,143,989 $5,874,014 $5,874,014 $269,975 $269,975 $6,143,989 $5,874,014 $5,874,014 $269,975 $269,975 $6,143,989 266.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $126,592 $126,592 $126,592 $126,592 266.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,740 $2,740 $2,740 $2,740 266.3 Reduce funds for personnel and eliminate three filled positions. (H:Reduce funds for personnel and eliminate two filled positions)(CC:Reduce funds) State General Funds ($483,244) ($358,088) ($483,244) ($363,244) 266.99 CC: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. THURSDAY, MARCH 28, 2013 3439 Senate: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. House: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. Gov Rev: The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. State General Funds $0 $0 $0 $0 266.100 -Utilities Regulation Appropriation (HB 106) The purpose of this appropriation is to monitor the rates and service standards of electric, 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 natural gas and telecommunications providers. TOTAL STATE FUNDS $5,520,102 $5,645,258 $5,520,102 $5,640,102 State General Funds $5,520,102 $5,645,258 $5,520,102 $5,640,102 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 $5,790,077 $5,915,233 $5,790,077 $5,910,077 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 Section Total - Continuation $1,828,569,784 $1,828,569,784 $1,828,569,784 $1,828,569,784 $1,828,569,784 $1,828,569,784 $4,520,662,186 $4,520,662,186 $4,520,662,186 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $2,109,626,120 $2,109,626,120 $2,109,626,120 $1,828,569,784 $1,828,569,784 $4,520,662,186 $3,625,810 $3,625,810 $2,109,626,120 3440 JOURNAL OF THE SENATE University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,102,894 $519,190,845 $1,664,912,049 $6,349,231,970 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,102,894 $519,190,845 $1,664,912,049 $6,349,231,970 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,102,894 $519,190,845 $1,664,912,049 $6,349,231,970 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,102,894 $519,190,845 $1,664,912,049 $6,349,231,970 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Record Center Storage Fees Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS Section Total - Final $1,878,458,196 $1,877,452,752 $1,878,458,196 $1,877,452,752 $4,521,194,857 $4,521,194,857 $3,647,710 $3,647,710 $3,647,710 $3,647,710 $2,109,626,120 $2,109,626,120 $1,972,097,601 $1,972,097,601 $137,528,519 $137,528,519 $223,307,362 $223,307,362 $223,307,362 $223,307,362 $2,184,613,665 $2,184,613,665 $435,771 $435,771 $519,265,845 $519,265,845 $1,664,912,049 $1,664,912,049 $6,399,653,053 $6,398,647,609 $1,894,952,215 $1,894,952,215 $4,521,194,857 $3,647,710 $3,647,710 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,613,665 $435,771 $519,265,845 $1,664,912,049 $6,416,147,072 $1,883,128,792 $1,883,128,792 $4,521,194,857 $3,647,710 $3,647,710 $2,109,626,120 $1,972,097,601 $137,528,519 $223,307,362 $223,307,362 $2,184,613,665 $435,771 $519,265,845 $1,664,912,049 $6,404,323,649 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 $35,107,005 $35,107,005 $37,552,919 $35,107,005 $35,107,005 $37,552,919 $35,107,005 $35,107,005 $37,552,919 $35,107,005 $35,107,005 $37,552,919 THURSDAY, MARCH 28, 2013 3441 Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $72,659,924 267.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $199,217 $199,217 $199,217 $199,217 267.2 Increase funds for the employer share of health insurance. State General Funds $291,712 $291,712 $291,712 $291,712 267.3 Reduce funds for personnel. State General Funds ($1,053,210) ($789,907) ($1,053,210) ($789,907) 267.4 Increase funds for scientists specializing in peaches ($75,000), Food Product Innovations and Commercialization ($75,000), dairy heat stress ($150,000), and the Ted G. Dyer Beef Cattle Animal Scientist position at the Calhoun Extension Bull Test Station ($125,000). State General Funds $425,000 $425,000 $425,000 267.100 -Agricultural Experiment Station Appropriation (HB 106) 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 $34,544,724 $35,233,027 $34,969,724 $35,233,027 State General Funds $34,544,724 $35,233,027 $34,969,724 $35,233,027 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 University System of Georgia Research Funds $22,000,000 $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $5,483,042 $5,483,042 $5,483,042 $5,483,042 Rebates, Refunds, and Reimbursements Not Itemized $5,483,042 $5,483,042 $5,483,042 $5,483,042 3442 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,069,877 $10,069,877 $72,097,643 $10,069,877 $10,069,877 $72,785,946 $10,069,877 $10,069,877 $72,522,643 $10,069,877 $10,069,877 $72,785,946 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 University System of Georgia Research Funds 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 $4,944,522 268.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 106) 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 University System of Georgia Research Funds 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 Intergovernmental Transfers University System of Georgia Research Funds $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 $29,467,851 $29,467,851 $25,083,929 $13,000,000 $13,000,000 THURSDAY, MARCH 28, 2013 3443 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $54,551,780 269.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $215,197 $215,197 $215,197 $215,197 269.2 Increase funds for the employer share of health insurance. State General Funds $345,363 $345,363 $345,363 $345,363 269.3 Reduce funds for personnel. State General Funds ($884,036) ($663,027) ($663,027) ($663,027) 269.100 -Cooperative Extension Service Appropriation (HB 106) 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 $29,144,375 $29,365,384 $29,365,384 $29,365,384 State General Funds $29,144,375 $29,365,384 $29,365,384 $29,365,384 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 University System of Georgia Research Funds $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 $54,228,304 $54,449,313 $54,449,313 $54,449,313 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. 3444 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $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 $17,850,440 270.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $17,142 $17,142 $17,142 $17,142 270.2 Increase funds for the employer share of health insurance ($13,923) and retiree health benefits ($2,370). State General Funds $16,293 $16,293 $16,293 $16,293 270.3 Reduce funds for operations. State General Funds ($115,203) ($221,263) ($221,263) ($221,263) 270.4 Increase funds for Invest Georgia per SB224 (2013 Session). State General Funds $10,000,000 $0 270.100 -Enterprise Innovation Institute Appropriation (HB 106) 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 $7,293,672 $7,187,612 $17,187,612 $7,187,612 State General Funds $7,293,672 $7,187,612 $17,187,612 $7,187,612 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 University System of Georgia Research Funds $7,875,000 $7,875,000 $7,875,000 $7,875,000 THURSDAY, MARCH 28, 2013 3445 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,768,672 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,662,612 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $27,662,612 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,662,612 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 University System of Georgia Research Funds Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 $502,786 $502,786 $575,988 $475,988 $475,988 $100,000 $100,000 $1,078,774 271.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $1,463 $1,463 $1,463 $1,463 271.2 Increase funds for the employer share of health insurance. State General Funds $2,255 $2,255 $2,255 $2,255 271.3 Reduce funds for personnel. State General Funds ($15,084) ($11,313) ($15,084) ($11,313) 271.100 -Forestry Cooperative Extension Appropriation (HB 106) 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 $491,420 $495,191 $491,420 $495,191 State General Funds $491,420 $495,191 $491,420 $495,191 3446 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $575,988 $475,988 $475,988 $100,000 $100,000 $1,067,408 $575,988 $475,988 $475,988 $100,000 $100,000 $1,071,179 $575,988 $475,988 $475,988 $100,000 $100,000 $1,067,408 $575,988 $475,988 $475,988 $100,000 $100,000 $1,071,179 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 $2,579,928 $2,579,928 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,830,354 272.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $15,113 $15,113 $15,113 $15,113 272.2 Increase funds for the employer share of health insurance. State General Funds $25,261 $25,261 $25,261 $25,261 272.3 Reduce funds for personnel. State General Funds ($77,398) ($58,048) ($77,398) ($58,048) 272.100 -Forestry Research Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3447 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,542,904 $2,542,904 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,793,330 $2,562,254 $2,562,254 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,812,680 $2,542,904 $2,542,904 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,793,330 $2,562,254 $2,562,254 $10,250,426 $9,000,000 $9,000,000 $590,634 $590,634 $659,792 $659,792 $12,812,680 Georgia Archives Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 273.1 Transfer funds and 10 positions from the Secretary of State to the Board of Regents for archives and records maintenance. State General Funds Record Center Storage Fees Sales and Services Not Itemized Contributions, Donations, and Forfeitures Not Itemized Total Public Funds: $3,851,428 $435,771 $75,000 $21,900 $4,384,099 $3,851,428 $435,771 $75,000 $21,900 $4,384,099 $3,851,428 $435,771 $75,000 $21,900 $4,384,099 $3,851,428 $435,771 $75,000 $21,900 $4,384,099 273.2 Increase funds for additional personnel and to expand public operating hours. State General Funds $224,113 $300,000 $300,000 273.99 CC: 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. Senate: 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. 3448 JOURNAL OF THE SENATE House: 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. Gov Rev: 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. State General Funds $0 $0 $0 $0 273.100 -Georgia Archives Appropriation (HB 106) 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. TOTAL STATE FUNDS $3,851,428 $4,075,541 $4,151,428 $4,151,428 State General Funds $3,851,428 $4,075,541 $4,151,428 $4,151,428 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 $4,384,099 $4,608,212 $4,684,099 $4,684,099 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 THURSDAY, MARCH 28, 2013 3449 274.100 -Georgia Radiation Therapy Center Appropriation (HB 106) 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 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589 $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589 $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589 $5,791,631 $5,791,631 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,709,589 275.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $3,752 $3,752 $3,752 $3,752 275.2 Increase funds for the employer share of health insurance ($12,071) and retiree health benefits ($3,315). State General Funds $15,386 $15,386 $15,386 $15,386 275.3 Reduce funds for operations. State General Funds ($172,249) ($172,249) ($172,249) ($172,249) 3450 JOURNAL OF THE SENATE 275.4 Reduce funds added in HB742 (2012 Session) for industrial storm water solutions for Georgia's poultry industry. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 275.100 -Georgia Tech Research Institute Appropriation (HB 106) 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 $5,588,520 $5,588,520 $5,588,520 $5,588,520 State General Funds $5,588,520 $5,588,520 $5,588,520 $5,588,520 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 University System of Georgia Research Funds $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 $229,506,478 $229,506,478 $229,506,478 $229,506,478 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 University System of Georgia Research Funds 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 $729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731 276.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $3,458 $3,458 $3,458 $3,458 THURSDAY, MARCH 28, 2013 3451 276.2 Increase funds for the employer share of health insurance. State General Funds 276.3 Reduce funds for operations. State General Funds $3,543 $3,543 $3,543 $3,543 ($21,884) ($21,884) ($21,884) ($21,884) 276.100 -Marine Institute Appropriation (HB 106) 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 $714,567 $714,567 $714,567 $714,567 State General Funds $714,567 $714,567 $714,567 $714,567 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 $367,648 University System of Georgia Research Funds $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 $1,200,848 $1,200,848 $1,200,848 $1,200,848 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 $1,199,121 $1,199,121 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,544,650 3452 JOURNAL OF THE SENATE 277.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $7,340 $7,340 $7,340 $7,340 277.2 Increase funds for employer share of health insurance. State General Funds $8,765 $8,765 $8,765 $8,765 277.3 Reduce funds for personnel. State General Funds ($35,974) ($35,974) ($35,974) ($35,974) 277.100 -Marine Resources Extension Center Appropriation (HB 106) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,179,252 $1,179,252 $1,179,252 $1,179,252 State General Funds $1,179,252 $1,179,252 $1,179,252 $1,179,252 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 University System of Georgia Research Funds $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 $2,524,781 $2,524,781 $2,524,781 $2,524,781 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 $29,172,642 278.1 Reduce funds for personnel and replace with other funds. State General Funds ($875,179) ($875,179) ($875,179) ($875,179) THURSDAY, MARCH 28, 2013 3453 278.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 106) 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 $28,297,463 $28,297,463 $28,297,463 $28,297,463 State General Funds $28,297,463 $28,297,463 $28,297,463 $28,297,463 TOTAL PUBLIC FUNDS $28,297,463 $28,297,463 $28,297,463 $28,297,463 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 University System of Georgia Research Funds TOTAL PUBLIC FUNDS $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 $32,189,109 $32,189,109 $5,222,400 $5,222,400 $5,222,400 $37,411,509 279.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $131,552 $131,552 $131,552 $131,552 279.2 Increase funds for the employer share of the health insurance. State General Funds $4,636 $4,636 $4,636 $4,636 279.3 Reduce funds for personnel. State General Funds ($41,646) ($41,646) ($41,646) ($41,646) 279.4 Reduce funds for operations. State General Funds ($32,963) ($32,963) ($32,963) ($32,963) 279.5 Reduce funds for public library state grants. State General Funds ($891,064) ($891,064) ($891,064) ($891,064) 3454 JOURNAL OF THE SENATE 279.6 Increase funds for the New Directions formula based on an increase in state population. State General Funds $138,000 $138,000 $138,000 $138,000 279.100 -Public Libraries Appropriation (HB 106) 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 $31,497,624 $31,497,624 $31,497,624 $31,497,624 State General Funds $31,497,624 $31,497,624 $31,497,624 $31,497,624 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 University System of Georgia Research Funds $5,222,400 $5,222,400 $5,222,400 $5,222,400 TOTAL PUBLIC FUNDS $36,720,024 $36,720,024 $36,720,024 $36,720,024 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 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 $18,843,915 280.1 Increase funds for the Health Professions Initiative to address graduate medical education. (CC:Increase funds for the Health Professions Initiative to address graduate medical education and utilize $132,108 for Gwinnett Medical Center and $694,791 for Southwest Georgia Consortium residency development programs) State General Funds $2,075,000 $2,075,000 $2,075,000 $2,075,000 280.2 Reduce funds for the Health Professions Initiative. State General Funds ($126,900) ($126,900) ($126,900) ($126,900) 280.3 Increase funds for cancer research to the Georgia Regents University Cancer Center. State General Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 THURSDAY, MARCH 28, 2013 3455 280.4 Reduce funds for personnel and operations for the Fort Valley University Land Grant Match. State General Funds ($109,942) ($109,942) ($109,942) ($109,942) 280.5 Reduce funds for personnel and operations for the Georgia Regents University Mission Related Program. State General Funds ($170,735) ($170,735) ($170,735) ($170,735) 280.6 Eliminate funds for the Georgia Regents University Nurse Anesthetist Program. State General Funds ($258,012) ($258,012) ($258,012) ($258,012) 280.7 Transfer funds from the Department of Education to the Public Service/Special Funding Initiatives program in the University System of Georgia for the Georgia Youth Science and Technology program and create a Georgia Youth Science and Technology subprogram. State General Funds $50,000 $50,000 280.100 -Public Service / Special Funding Initiatives Appropriation (HB 106) 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 $25,253,326 $25,253,326 $25,303,326 $25,303,326 State General Funds $25,253,326 $25,253,326 $25,303,326 $25,303,326 TOTAL PUBLIC FUNDS $25,253,326 $25,253,326 $25,303,326 $25,303,326 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 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 $8,231,266 281.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $28,000 $28,000 $28,000 $28,000 3456 JOURNAL OF THE SENATE 281.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $23,618 $23,618 $23,618 $23,618 281.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $104,358 $104,358 $104,358 $104,358 281.4 Increase funds for the employer share of health insurance. State General Funds $15,884 $15,884 $15,884 $15,884 281.5 Reduce funds for personnel for the University System Office. State General Funds ($133,097) ($133,097) ($133,097) ($133,097) 281.6 Reduce funds for operations to GALILEO. State General Funds ($77,488) ($77,488) ($77,488) ($77,488) 281.7 Transfer funds from the Department of Education to the University System of Georgia for GALILEO. (H and S:Transfer funds for GALILEO and the SIRS Discovery subscription from the Department of Education) State General Funds $125,512 $232,302 $232,302 $232,302 281.8 Utilize existing funds to fund the adjustment in the per student rate for the Regional Contract Optometry Program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 281.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($23,055) 281.100 -Regents Central Office Appropriation (HB 106) 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 $8,318,053 $8,424,843 $8,424,843 $8,401,788 State General Funds $8,318,053 $8,424,843 $8,424,843 $8,401,788 TOTAL PUBLIC FUNDS $8,318,053 $8,424,843 $8,424,843 $8,401,788 THURSDAY, MARCH 28, 2013 3457 Research Consortium Continuation Budget 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 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 $6,293,244 $6,293,244 $6,293,244 $6,293,244 282.1 Reduce funds for personnel. State General Funds ($6,430) ($6,430) ($6,430) ($6,430) 282.2 Reduce funds for operations. State General Funds ($182,367) ($182,367) ($182,367) ($182,367) 282.100 -Research Consortium Appropriation (HB 106) 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 $6,104,447 $6,104,447 $6,104,447 $6,104,447 State General Funds $6,104,447 $6,104,447 $6,104,447 $6,104,447 TOTAL PUBLIC FUNDS $6,104,447 $6,104,447 $6,104,447 $6,104,447 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 University System of Georgia Research Funds Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 $1,229,305 $1,229,305 $3,650,620 $2,750,620 $2,750,620 $550,000 $550,000 $350,000 3458 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $350,000 $4,879,925 $350,000 $4,879,925 $350,000 $4,879,925 $350,000 $4,879,925 283.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $6,657 $6,657 $6,657 $6,657 283.2 Increase fund for the employer share of health insurance ($6,093) and retiree health benefits ($9,693). State General Funds $15,786 $15,786 $15,786 $15,786 283.3 Reduce funds for personnel. State General Funds ($36,879) ($36,879) ($36,879) ($36,879) 283.100 -Skidaway Institute of Oceanography Appropriation (HB 106) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,214,869 $1,214,869 $1,214,869 $1,214,869 State General Funds $1,214,869 $1,214,869 $1,214,869 $1,214,869 TOTAL AGENCY FUNDS $3,650,620 $3,650,620 $3,650,620 $3,650,620 Intergovernmental Transfers $2,750,620 $2,750,620 $2,750,620 $2,750,620 University System of Georgia Research Funds $2,750,620 $2,750,620 $2,750,620 $2,750,620 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 $4,865,489 $4,865,489 $4,865,489 $4,865,489 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 $1,631,690,795 $1,631,690,795 $1,631,690,795 $1,631,690,795 $1,631,690,795 $1,631,690,795 $1,631,690,795 $1,631,690,795 $4,183,908,853 $4,183,908,853 $4,183,908,853 $4,183,908,853 THURSDAY, MARCH 28, 2013 3459 Intergovernmental Transfers University System of Georgia Research Funds Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Tuition and Fees for Higher Education TOTAL PUBLIC FUNDS $1,901,920,206 $1,764,391,687 $137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648 $1,901,920,206 $1,764,391,687 $137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648 $1,901,920,206 $1,764,391,687 $137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648 $1,901,920,206 $1,764,391,687 $137,528,519 $138,766,875 $138,766,875 $2,143,221,772 $478,309,723 $1,664,912,049 $5,815,599,648 284.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $175,222 $175,222 $175,222 $175,222 284.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $11,592,074 $11,592,074 $11,592,074 $11,592,074 284.3 Reduce funds for personnel. State General Funds ($27,500,000) ($27,500,000) ($27,500,000) ($27,500,000) 284.4 Reduce funds for operations. State General Funds ($21,449,974) ($21,449,974) ($21,449,974) ($21,449,974) 284.5 Increase funds to reflect the change in enrollment and square footage at University System of Georgia institutions. State General Funds $62,854,468 $62,915,613 $62,915,613 $62,976,757 284.6 Increase funds for the employer share of health insurance ($10,137,873) and retiree health benefits ($5,708,131). State General Funds $15,846,004 $15,846,004 $15,846,004 $15,846,004 284.7 Increase funds to adjust the debt service payback amount for projects constructed at Georgia Tech ($2,086,405), Kennesaw State University ($412,934), and University of Georgia ($3,403,192). State General Funds $5,902,531 $5,902,531 $5,902,531 $5,902,531 3460 JOURNAL OF THE SENATE 284.8 Reduce funds for one-time funding added in HB742 (2012 Session) for the Southern Legislative Conference's Center for Advancement of Leadership Skills Program at Georgia State University. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 284.9 Reduce funds for the special appropriation for Georgia Gwinnett College to reflect a decreased rate of enrollment growth. (H:Reduce the $16.5 million special appropriation for Georgia Gwinnett College by $8.25 million to reflect transition to formula earnings)(S and CC:It is the intent of the General Assembly that the Special Funding Initiative for Georgia Gwinnett College be phased out over a 7 year period beginning in FY2015 in accordance with the plan developed by Georgia Gwinnett College and the University System of Georgia) State General Funds ($5,000,000) ($8,250,000) $0 $0 284.10 Reduce funds for one-time funding for a teaching Eminent Scholar. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 284.11 Transfer $6,744,968 from the Georgia Gwinnett College special appropriation to the funding formula to provide Georgia Gwinnett College with full enrollment growth for the final class added in FY2012. State General Funds $0 $0 $0 284.12 Reflect the absence of special enrollment appropriations for Abraham Baldwin Agricultural College, Albany State University, Armstrong Atlantic State University, Atlanta Metropolitan State College, Bainbridge State College, Clayton State University, College of Coastal Georgia, Columbus State University, Dalton State College, Darton State College, East Georgia State College, Fort Valley State University, Georgia College and State University, Georgia Highlands College, Georgia Institute of Technology, Georgia Perimeter College, Georgia Regents University, Georgia Southern University, Georgia Southwestern State University, Georgia State University, Gordon State College, Kennesaw State University, Middle Georgia State College, Savannah State University, South Georgia State College, Southern Polytechnic State University, University of Georgia, University of North Georgia, University of West Georgia, and Valdosta State University. (S:NO)(CC:NO) State General Funds $0 $0 $0 284.13 Increase funds for the Carl Vinson Institute of Government training contract. (S:Recognize Carl Vinson Institute training contract remaining in State Accounting Office)(CC:Increase funds for the Carl Vinson Institute of Government for budgeting and accounting training) State General Funds $90,000 $0 $90,000 THURSDAY, MARCH 28, 2013 3461 284.14 Transfer funds from the Department of Education to the University System of Georgia for the Georgia Youth Science and Technology program. (S and CC:Transfer funds from the Department of Education to the Public Service/Special Funding Initiatives program in the University System of Georgia for the Georgia Youth Science and Technology program) State General Funds $50,000 $0 $0 284.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($2,723,724) 284.100 -Teaching Appropriation (HB 106) 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 $1,673,586,120 $1,670,537,265 $1,678,647,265 $1,676,074,685 State General Funds $1,673,586,120 $1,670,537,265 $1,678,647,265 $1,676,074,685 TOTAL AGENCY FUNDS $4,183,908,853 $4,183,908,853 $4,183,908,853 $4,183,908,853 Intergovernmental Transfers $1,901,920,206 $1,901,920,206 $1,901,920,206 $1,901,920,206 University System of Georgia Research Funds $1,764,391,687 $1,764,391,687 $1,764,391,687 $1,764,391,687 Intergovernmental Transfers Not Itemized $137,528,519 $137,528,519 $137,528,519 $137,528,519 Rebates, Refunds, and Reimbursements $138,766,875 $138,766,875 $138,766,875 $138,766,875 Rebates, Refunds, and Reimbursements Not Itemized $138,766,875 $138,766,875 $138,766,875 $138,766,875 Sales and Services $2,143,221,772 $2,143,221,772 $2,143,221,772 $2,143,221,772 Sales and Services Not Itemized $478,309,723 $478,309,723 $478,309,723 $478,309,723 Tuition and Fees for Higher Education $1,664,912,049 $1,664,912,049 $1,664,912,049 $1,664,912,049 TOTAL PUBLIC FUNDS $5,857,494,973 $5,854,446,118 $5,862,556,118 $5,859,983,538 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 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 $2,546,463 3462 JOURNAL OF THE SENATE 285.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $8,867 $8,867 $8,867 $8,867 285.2 Increase funds for the employer share of health insurance. State General Funds $14,511 $14,511 $14,511 $14,511 285.100 -Veterinary Medicine Experiment Station Appropriation (HB 106) 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 $2,569,841 $2,569,841 $2,569,841 $2,569,841 State General Funds $2,569,841 $2,569,841 $2,569,841 $2,569,841 TOTAL PUBLIC FUNDS $2,569,841 $2,569,841 $2,569,841 $2,569,841 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 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 $429,039 $429,039 $9,621,951 $9,621,951 $9,621,951 $10,050,990 286.1 Eliminate funds for the Veterinary Medicine Teaching Hospital. (H and S:Reduce funds for the Veterinary Medicine Teaching Hospital) State General Funds ($429,039) ($42,904) ($42,904) ($42,904) 286.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3463 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $9,621,951 $9,621,951 $9,621,951 $9,621,951 $386,135 $386,135 $9,621,951 $9,621,951 $9,621,951 $10,008,086 $386,135 $386,135 $9,621,951 $9,621,951 $9,621,951 $10,008,086 $386,135 $386,135 $9,621,951 $9,621,951 $9,621,951 $10,008,086 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 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 $2,339,951 287.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $3,588 $3,588 $3,588 $3,588 287.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $14,969 $14,969 $14,969 $14,969 287.3 Reduce funds for the Prep School. State General Funds ($47,522) ($47,522) ($47,522) ($47,522) 287.4 Reduce funds for the Junior College. State General Funds ($22,677) ($22,677) ($22,677) ($22,677) 287.100 -Payments to Georgia Military College Appropriation (HB 106) 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 $2,288,309 $2,288,309 $2,288,309 $2,288,309 State General Funds $2,288,309 $2,288,309 $2,288,309 $2,288,309 TOTAL PUBLIC FUNDS $2,288,309 $2,288,309 $2,288,309 $2,288,309 3464 JOURNAL OF THE SENATE 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 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 $12,850,843 288.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $100,219 $100,219 $100,219 $100,219 288.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $591 $591 $591 $591 288.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $112,625 $112,625 $112,625 $112,625 288.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,439 $1,439 $1,439 $1,439 288.5 Transfer funds from the Department of Education to the Georgia Public Telecommunications Commission for the Discovery Education contract. (H and CC:Transfer funds from the Department of Education for the Discovery Education Contract ($961,565) and fund related services ($500,000)) State General Funds $961,565 $1,461,565 $961,565 $1,461,565 288.6 Reduce funds for one-time funding for special education programming. State General Funds ($50,000) ($50,000) $0 $0 288.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($14,212) THURSDAY, MARCH 28, 2013 3465 288.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 106) 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 $13,977,282 $14,477,282 $14,027,282 $14,513,070 State General Funds $13,977,282 $14,477,282 $14,027,282 $14,513,070 TOTAL PUBLIC FUNDS $13,977,282 $14,477,282 $14,027,282 $14,513,070 Section 41: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 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 TOTAL PUBLIC FUNDS Section Total - Continuation $139,713,911 $139,713,911 $139,713,911 $139,563,911 $139,563,911 $139,563,911 $150,000 $150,000 $150,000 $518,929 $518,929 $518,929 $267,422 $267,422 $267,422 $251,507 $251,507 $251,507 $33,608,769 $33,608,769 $33,608,769 $435,580 $435,580 $435,580 $435,580 $435,580 $435,580 $32,173,189 $32,173,189 $32,173,189 $32,173,189 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $173,841,609 $173,841,609 $173,841,609 $139,713,911 $139,563,911 $150,000 $518,929 $267,422 $251,507 $33,608,769 $435,580 $435,580 $32,173,189 $32,173,189 $1,000,000 $1,000,000 $173,841,609 Section Total - Final TOTAL STATE FUNDS $174,865,383 $174,038,484 State General Funds $174,431,600 $173,604,701 Tobacco Settlement Funds $433,783 $433,783 TOTAL FEDERAL FUNDS $371,507 $371,507 Federal Funds Not Itemized $120,000 $120,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $251,507 $251,507 TOTAL AGENCY FUNDS $3,138,566 $3,138,566 Intergovernmental Transfers $225,580 $225,580 $174,583,495 $174,149,712 $433,783 $371,507 $120,000 $251,507 $3,138,566 $225,580 $174,509,476 $174,075,693 $433,783 $371,507 $120,000 $251,507 $3,138,566 $225,580 3466 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $225,580 $2,912,986 $2,912,986 $178,375,456 $225,580 $2,912,986 $2,912,986 $177,548,557 $225,580 $2,912,986 $2,912,986 $178,093,568 $225,580 $2,912,986 $2,912,986 $178,019,549 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 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 $13,763,396 $13,763,396 $365,580 $225,580 $225,580 $140,000 $140,000 $14,128,976 289.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $162,513 $162,513 $162,513 $162,513 289.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $630,437 $630,437 $630,437 $630,437 289.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sales and Services Not Itemized Total Public Funds: $141,369 ($140,000) $1,369 $141,369 ($140,000) $1,369 $141,369 ($140,000) $1,369 $141,369 ($140,000) $1,369 289.4 Reduce funds for personnel and operations. State General Funds ($490,687) ($490,687) ($490,687) ($490,687) THURSDAY, MARCH 28, 2013 3467 289.100 -Customer Service Appropriation (HB 106) 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 $14,207,028 $14,207,028 $14,207,028 $14,207,028 State General Funds $14,207,028 $14,207,028 $14,207,028 $14,207,028 TOTAL AGENCY FUNDS $225,580 $225,580 $225,580 $225,580 Intergovernmental Transfers $225,580 $225,580 $225,580 $225,580 Intergovernmental Transfers Not Itemized $225,580 $225,580 $225,580 $225,580 TOTAL PUBLIC FUNDS $14,432,608 $14,432,608 $14,432,608 $14,432,608 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 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 $6,573,819 $6,573,819 $484,210 $424,210 $424,210 $60,000 $60,000 $7,058,029 290.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $119,697 $119,697 $119,697 $119,697 290.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $140,097 $140,097 $140,097 $140,097 290.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $10,733 $10,733 $10,733 $10,733 290.4 Increase funds to replace other funds required to be remitted to the State Treasury. 3468 JOURNAL OF THE SENATE State General Funds Sanctions, Fines, and Penalties Not Itemized Sales and Services Not Itemized Total Public Funds: $503,695 ($60,000) ($424,210) $19,485 290.5 Reduce funds for utilities due to the closing of the Tradeport building. State General Funds 290.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds $503,695 ($60,000) ($424,210) $19,485 $503,695 ($60,000) ($424,210) $19,485 ($150,000) $503,695 ($60,000) ($424,210) $19,485 ($150,000) ($4,008) 290.100 -Departmental Administration Appropriation (HB 106) 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 $7,348,041 $7,348,041 $7,198,041 $7,194,033 State General Funds $7,348,041 $7,348,041 $7,198,041 $7,194,033 TOTAL PUBLIC FUNDS $7,348,041 $7,348,041 $7,198,041 $7,194,033 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 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 $14,184,250 291.1 Reduce funds to align budget with expenditures. State General Funds ($111,899) ($111,899) ($111,899) 291.100 -Forest Land Protection Grants Appropriation (HB 106) The purpose of this appropriation is to provide reimbursement for preferential assessment of qualifying conservation use forestland to THURSDAY, MARCH 28, 2013 3469 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 $14,184,250 $14,072,351 $14,072,351 $14,072,351 State General Funds $14,184,250 $14,072,351 $14,072,351 $14,072,351 TOTAL PUBLIC FUNDS $14,184,250 $14,072,351 $14,072,351 $14,072,351 Fraud Detection and Prevention Continuation Budget 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 State General Funds $0 $0 $0 $0 $0 $0 292.1 Increase funds for the Fraud Detection and Prevention System contract. State General Funds $625,000 $625,000 $1,250,000 292.100 -Fraud Detection and Prevention Appropriation (HB 106) 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 $625,000 $625,000 $1,250,000 State General Funds $625,000 $625,000 $1,250,000 TOTAL PUBLIC FUNDS $625,000 $625,000 $1,250,000 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 $3,041,834 $2,891,834 $150,000 $518,929 $267,422 $3,041,834 $2,891,834 $150,000 $518,929 $267,422 $3,041,834 $2,891,834 $150,000 $518,929 $267,422 $3,041,834 $2,891,834 $150,000 $518,929 $267,422 3470 JOURNAL OF THE SENATE Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 $251,507 $2,421,996 $1,921,996 $1,921,996 $500,000 $500,000 $5,982,759 293.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $101,168 $101,168 $101,168 $101,168 293.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $70,049 $70,049 $70,049 $70,049 293.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized Total Public Funds: $2,450,580 ($1,822,000) ($500,000) $128,580 $2,450,580 ($1,822,000) ($500,000) $128,580 $2,450,580 ($1,822,000) ($500,000) $128,580 $2,450,580 ($1,822,000) ($500,000) $128,580 293.4 Increase funds to offset the loss of federal funds for underage enforcement activity. Tobacco Settlement Funds Federal Funds Not Itemized Total Public Funds: $283,783 ($147,422) $136,361 $283,783 ($147,422) $136,361 $283,783 ($147,422) $136,361 $283,783 ($147,422) $136,361 293.100 -Industry Regulation Appropriation (HB 106) 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 $5,947,414 $5,947,414 $5,947,414 $5,947,414 State General Funds $5,513,631 $5,513,631 $5,513,631 $5,513,631 Tobacco Settlement Funds $433,783 $433,783 $433,783 $433,783 THURSDAY, MARCH 28, 2013 3471 TOTAL FEDERAL FUNDS $371,507 Federal Funds Not Itemized $120,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $251,507 TOTAL AGENCY FUNDS $99,996 Sales and Services $99,996 Sales and Services Not Itemized $99,996 TOTAL PUBLIC FUNDS $6,418,917 $371,507 $120,000 $251,507 $99,996 $99,996 $99,996 $6,418,917 $371,507 $120,000 $251,507 $99,996 $99,996 $99,996 $6,418,917 $371,507 $120,000 $251,507 $99,996 $99,996 $99,996 $6,418,917 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 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 $1,819,038 $1,819,038 $3,095,000 $3,095,000 $3,095,000 $4,914,038 294.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $69,917 $69,917 $69,917 $69,917 294.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $420,291 $420,291 $420,291 $420,291 294.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sales and Services Not Itemized Total Public Funds: $3,774,947 ($3,095,000) $679,947 $3,774,947 ($3,095,000) $679,947 $3,774,947 ($3,095,000) $679,947 $3,774,947 ($3,095,000) $679,947 294.100 -Local Government Services Appropriation (HB 106) The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit. 3472 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,084,193 $6,084,193 $6,084,193 $6,084,193 $6,084,193 $6,084,193 $6,084,193 $6,084,193 $6,084,193 $6,084,193 $6,084,193 $6,084,193 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 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 $9,232,474 295.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,834,118 $1,834,118 $1,834,118 $1,834,118 295.100 -Local Tax Officials Retirement and FICA Appropriation (HB 106) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $11,066,592 $11,066,592 $11,066,592 $11,066,592 State General Funds $11,066,592 $11,066,592 $11,066,592 $11,066,592 TOTAL PUBLIC FUNDS $11,066,592 $11,066,592 $11,066,592 $11,066,592 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 $14,265,208 $14,265,208 $6,440,990 $6,440,990 $6,440,990 $20,706,198 296.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $127,594 $127,594 $127,594 $127,594 THURSDAY, MARCH 28, 2013 3473 296.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,171,504 $2,171,504 $2,171,504 $2,171,504 296.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sales and Services Not Itemized Total Public Funds: $4,031,080 ($3,950,000) $81,080 $4,031,080 ($3,950,000) $81,080 $4,031,080 ($3,950,000) $81,080 $4,031,080 ($3,950,000) $81,080 296.4 Reduce funds for one-time funding in HB742 (2012 Session) for enhanced call center support services and technology upgrades to assist in the implementation of Georgia Tax Reform, HB386 (2012 Session). State General Funds ($2,370,000) ($2,370,000) ($2,370,000) ($2,370,000) 296.5 Utilize other funds to provide the second step of the three-year replacement schedule for county GRATIS printers to assist in the implementation of Georgia Tax Reform. (H:YES)(S:YES)(CC:Utilize existing funds to provide the second step of the threeyear replacement schedule for county GRATIS printers to assist in the implementation of Georgia Tax Reform) State General Funds $0 $0 $0 296.6 Prepare to reduce Unified Carrier Registration revenue and transfer administration to the Department of Public Safety effective July 1, 2014. (H:YES)(S:YES) State General Funds $0 $0 $0 296.100 -Motor Vehicle Registration and Titling Appropriation (HB 106) 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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $18,225,386 $18,225,386 $2,490,990 $2,490,990 $2,490,990 $20,716,376 $18,225,386 $18,225,386 $2,490,990 $2,490,990 $2,490,990 $20,716,376 $18,225,386 $18,225,386 $2,490,990 $2,490,990 $2,490,990 $20,716,376 $18,225,386 $18,225,386 $2,490,990 $2,490,990 $2,490,990 $20,716,376 3474 JOURNAL OF THE SENATE Office of Special Investigations Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 297.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $42,779 $42,779 $42,779 $42,779 297.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $70,049 $70,049 $70,049 $70,049 297.3 Increase funds for 11 fraud detection analysts estimated to increase revenue collections by $16,500,000 in FY2014. State General Funds $695,011 $0 297.100 -Office of Special Investigations Appropriation (HB 106) 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 $3,823,719 $3,823,719 $4,518,730 $3,823,719 State General Funds $3,823,719 $3,823,719 $4,518,730 $3,823,719 TOTAL PUBLIC FUNDS $3,823,719 $3,823,719 $4,518,730 $3,823,719 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 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 $14,243,359 THURSDAY, MARCH 28, 2013 3475 298.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $112,660 $112,660 $112,660 298.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $70,049 $70,049 $70,049 298.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds $3,972 $3,972 $3,972 298.4 Reduce funds for personnel. State General Funds ($369,016) ($369,016) ($369,016) 298.5 Reduce funds for operations. State General Funds ($800,000) ($800,000) ($800,000) $112,660 $70,049 $3,972 ($369,016) ($800,000) 298.100 -Revenue Processing Appropriation (HB 106) The purpose of this appropriation is to ensure that all tax payments are received, credited, and deposited according to sound business practices and the law, and to ensure that all tax returns are reviewed and recorded to accurately update taxpayer information. TOTAL STATE FUNDS $13,261,024 $13,261,024 $13,261,024 $13,261,024 State General Funds $13,261,024 $13,261,024 $13,261,024 $13,261,024 TOTAL PUBLIC FUNDS $13,261,024 $13,261,024 $13,261,024 $13,261,024 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 $35,779,600 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $35,779,600 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $35,779,600 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 $35,779,600 $35,779,600 $19,835,993 $210,000 $210,000 $19,625,993 $19,625,993 3476 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $55,615,593 $55,615,593 $55,615,593 $55,615,593 299.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $728,449 $728,449 $728,449 $728,449 299.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $560,388 $560,388 $560,388 $560,388 299.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sales and Services Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds: $19,655,481 ($19,403,993) ($210,000) $41,488 $19,655,481 ($19,403,993) ($210,000) $41,488 $19,655,481 ($19,403,993) ($210,000) $41,488 $19,655,481 ($19,403,993) ($210,000) $41,488 299.4 Reduce funds for personnel to reflect projected expenditures. State General Funds ($3,387,430) ($4,727,430) ($4,727,430) ($4,727,430) 299.100 -Tax Compliance Appropriation (HB 106) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $53,336,488 $51,996,488 $51,996,488 $51,996,488 State General Funds $53,336,488 $51,996,488 $51,996,488 $51,996,488 TOTAL AGENCY FUNDS $222,000 $222,000 $222,000 $222,000 Sales and Services $222,000 $222,000 $222,000 $222,000 Sales and Services Not Itemized $222,000 $222,000 $222,000 $222,000 TOTAL PUBLIC FUNDS $53,558,488 $52,218,488 $52,218,488 $52,218,488 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 $1,610,939 $1,610,939 $1,610,939 $1,610,939 THURSDAY, MARCH 28, 2013 3477 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 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 300.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $48,892 $48,892 $48,892 300.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $280,193 $280,193 $280,193 300.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds Sanctions, Fines, and Penalties Not Itemized Sales and Services Not Itemized Total Public Funds: $1,061,837 ($440,000) ($425,000) $196,837 $1,061,837 ($440,000) ($425,000) $196,837 $1,061,837 ($440,000) ($425,000) $196,837 $1,610,939 $965,000 $525,000 $525,000 $440,000 $440,000 $2,575,939 $48,892 $280,193 $1,061,837 ($440,000) ($425,000) $196,837 300.100 -Tax Policy Appropriation (HB 106) 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 $3,001,861 $3,001,861 $3,001,861 $3,001,861 State General Funds $3,001,861 $3,001,861 $3,001,861 $3,001,861 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 $3,101,861 $3,101,861 $3,101,861 $3,101,861 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. 3478 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 $21,489,103 301.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $254,384 $254,384 $254,384 301.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,591,795 $2,591,795 $2,591,795 301.3 Increase funds to replace other funds required to be remitted to the State Treasury. State General Funds $44,105 $44,105 $44,105 $21,489,103 $21,489,103 $21,489,103 $254,384 $2,591,795 $44,105 301.100 -Technology Support Services Appropriation (HB 106) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $24,379,387 $24,379,387 $24,379,387 $24,379,387 State General Funds $24,379,387 $24,379,387 $24,379,387 $24,379,387 TOTAL PUBLIC FUNDS $24,379,387 $24,379,387 $24,379,387 $24,379,387 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 $30,930,113 $30,930,113 $30,930,113 $30,930,113 $30,930,113 $30,930,113 $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 $32,572,296 $32,572,296 $32,572,296 $30,930,113 $30,930,113 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,572,296 THURSDAY, MARCH 28, 2013 3479 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $26,457,302 $26,475,392 $26,457,302 $26,475,392 $85,000 $85,000 $85,000 $85,000 $1,024,512 $1,024,512 $20,000 $20,000 $20,000 $20,000 $1,004,512 $1,004,512 $1,004,512 $1,004,512 $27,566,814 $27,584,904 $26,467,644 $26,467,644 $85,000 $85,000 $1,024,512 $20,000 $20,000 $1,004,512 $1,004,512 $27,577,156 $26,468,820 $26,468,820 $85,000 $85,000 $1,024,512 $20,000 $20,000 $1,004,512 $1,004,512 $27,578,332 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 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 $4,433,889 $4,433,889 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,966,560 302.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,165 $25,165 $25,165 $25,165 302.2 Reduce funds for personnel and eliminate five filled and five vacant positions. State General Funds ($607,626) ($607,626) ($607,626) ($607,626) 3480 JOURNAL OF THE SENATE 302.3 Transfer funds and 10 positions from the Secretary of State to the Board of Regents for archives and records maintenance. State General Funds Record Center Storage Fees Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized Total Public Funds: ($3,851,428) ($435,771) ($21,900) ($75,000) ($4,384,099) ($3,851,428) ($435,771) ($21,900) ($75,000) ($4,384,099) ($3,851,428) ($435,771) ($21,900) ($75,000) ($4,384,099) ($3,851,428) ($435,771) ($21,900) ($75,000) ($4,384,099) 302.4 Utilize existing funds and transfer two positions from the Archives and Records program to the Office Administration program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 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 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 $1,261,271 $1,261,271 $739,512 $739,512 $739,512 $2,000,783 303.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $27,057 $27,057 $27,057 $27,057 303.2 Reduce funds for personnel to reflect projected expenditures. State General Funds ($21,196) ($21,196) ($21,196) ($21,196) 303.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($327) THURSDAY, MARCH 28, 2013 3481 303.100 -Corporations Appropriation (HB 106) 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 $1,267,132 $1,267,132 $1,267,132 $1,266,805 State General Funds $1,267,132 $1,267,132 $1,267,132 $1,266,805 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $2,006,644 $2,006,644 $2,006,644 $2,006,317 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 $4,789,720 $4,789,720 $85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720 $4,789,720 $4,789,720 $85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720 $4,789,720 $4,789,720 $85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720 $4,789,720 $4,789,720 $85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720 304.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $39,748 $39,748 $39,748 $39,748 304.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $339,599 $339,599 $339,599 $339,599 304.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($673) 3482 JOURNAL OF THE SENATE 304.100 -Elections Appropriation (HB 106) The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws. TOTAL STATE FUNDS $5,169,067 $5,169,067 $5,169,067 $5,168,394 State General Funds $5,169,067 $5,169,067 $5,169,067 $5,168,394 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 $5,304,067 $5,304,067 $5,304,067 $5,303,394 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 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 $6,117,898 $6,117,898 $15,000 $15,000 $15,000 $6,132,898 305.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $109,436 $109,436 $109,436 $109,436 305.2 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $5,664 $5,664 $5,664 $5,664 305.3 Reduce funds for personnel to reflect projected expenditures. (H and S:Reduce funds for personnel and transfer $70,830 to the Professional Licensing Board program for call center employees) State General Funds ($301,436) ($372,266) ($372,266) ($372,266) THURSDAY, MARCH 28, 2013 3483 305.4 Utilize existing funds and transfer two positions from the Archives and Records program to the Office Administration program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 305.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($7,748) ($3,874) 305.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($167) 305.100 -Office Administration Appropriation (HB 106) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $5,931,562 $5,860,732 $5,852,984 $5,856,691 State General Funds $5,931,562 $5,860,732 $5,852,984 $5,856,691 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 $5,946,562 $5,875,732 $5,867,984 $5,871,691 Professional Licensing Boards Continuation Budget The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 $7,011,199 $7,011,199 $150,000 $150,000 $150,000 $7,161,199 306.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $102,766 $102,766 $102,766 $102,766 3484 JOURNAL OF THE SENATE 306.2 Reduce funds for one-time funding for revision of the mandatory surveys required for RN, APRN, and LPN license renewals. State General Funds ($27,000) ($27,000) ($27,000) ($27,000) 306.3 Transfer funds from the Office Administration program ($70,830) and the Securities program ($35,628) to the Professional Licensing Boards program to fund call center employees. State General Funds $106,458 $106,458 $106,458 306.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($859) 306.100 -Professional Licensing Boards Appropriation (HB 106) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $7,086,965 $7,193,423 $7,193,423 $7,192,564 State General Funds $7,086,965 $7,193,423 $7,193,423 $7,192,564 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $7,236,965 $7,343,423 $7,343,423 $7,342,564 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 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 $833,891 $833,891 $50,000 $50,000 $50,000 $883,891 307.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,424 $13,424 $13,424 $13,424 THURSDAY, MARCH 28, 2013 3485 307.2 Reduce funds for personnel to reflect projected expenditures. (H and S:Reduce funds for personnel and transfer $35,620 to the Professional Licensing Board program for call center employees) State General Funds ($42,420) ($78,048) ($78,048) ($78,048) 307.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($82) 307.100 -Securities Appropriation (HB 106) 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 $804,895 $769,267 $769,267 $769,185 State General Funds $804,895 $769,267 $769,267 $769,185 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 $854,895 $819,267 $819,267 $819,185 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 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 $252,104 $252,104 $20,000 $20,000 $20,000 $272,104 308.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $6,199 $6,199 $6,199 $6,199 3486 JOURNAL OF THE SENATE 308.2 Reduce funds for operations. State General Funds ($7,563) 308.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($7,563) ($7,563) ($7,563) ($12) 308.100 -Commission on the Holocaust, Georgia Appropriation (HB 106) 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 $250,740 $250,740 $250,740 $250,728 State General Funds $250,740 $250,740 $250,740 $250,728 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 $270,740 $270,740 $270,740 $270,728 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 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 $1,941,697 309.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $31,424 $31,424 $31,424 $31,424 309.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $34,757 $34,757 $34,757 $34,757 309.3 Reduce funds for personnel to reflect projected expenditures. State General Funds ($231,893) ($231,893) ($231,893) ($231,893) THURSDAY, MARCH 28, 2013 3487 309.4 Reduce funds for operations. State General Funds ($25,251) 309.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($25,251) ($25,251) ($25,251) ($53) 309.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 106) 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 $1,750,734 $1,750,734 $1,750,734 $1,750,681 State General Funds $1,750,734 $1,750,734 $1,750,734 $1,750,681 TOTAL PUBLIC FUNDS $1,750,734 $1,750,734 $1,750,734 $1,750,681 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 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 $2,944,265 310.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $49,787 $49,787 $49,787 $49,787 310.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,380 $4,380 $4,380 $4,380 310.3 Reduce funds for personnel to reflect projected expenditures. State General Funds ($108,871) ($108,871) ($108,871) ($108,871) 310.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($525) 3488 JOURNAL OF THE SENATE 310.100 -Real Estate Commission Appropriation (HB 106) 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 $2,889,561 $2,889,561 $2,889,561 $2,889,036 State General Funds $2,889,561 $2,889,561 $2,889,561 $2,889,036 TOTAL PUBLIC FUNDS $2,889,561 $2,889,561 $2,889,561 $2,889,036 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 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 $1,344,179 311.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $20,781 $20,781 $20,781 $20,781 311.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $731 $731 $731 $731 311.3 Reduce funds for one-time funding of information technology upgrades. State General Funds ($59,045) ($59,045) ($59,045) ($59,045) 311.4 Increase funds for information technology contract management. State General Funds $18,090 $18,090 $18,090 311.100 -Government Transparency and Campaign Finance Commission, Georgia Appropriation (HB 106) The purpose of this appropriation is to protect the integrity of the democratic process and ensure compliance by candidates, public THURSDAY, MARCH 28, 2013 3489 officials, non-candidate campaign committees, lobbyists and vendors with Georgia's Campaign and Financial Disclosure requirements. TOTAL STATE FUNDS $1,306,646 $1,324,736 $1,324,736 $1,324,736 State General Funds $1,306,646 $1,324,736 $1,324,736 $1,324,736 TOTAL PUBLIC FUNDS $1,306,646 $1,324,736 $1,324,736 $1,324,736 Section 43: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $2,652,481 $2,652,481 $2,652,481 $2,652,481 $2,652,481 $2,652,481 $1,267,312 $1,267,312 $1,267,312 $1,267,312 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $811,298 $811,298 $811,298 $811,298 $811,298 $811,298 $486,728 $486,728 $486,728 $224,918 $224,918 $224,918 $224,918 $224,918 $224,918 $261,810 $261,810 $261,810 $261,810 $261,810 $261,810 $5,217,819 $5,217,819 $5,217,819 $2,652,481 $2,652,481 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $261,810 $261,810 $5,217,819 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Section Total - Final $2,576,645 $2,614,036 $2,576,645 $2,614,036 $1,267,312 $1,267,312 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $811,298 $811,298 $811,298 $486,728 $486,728 $224,918 $224,918 $224,918 $224,918 $2,574,826 $2,574,826 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 $2,612,536 $2,612,536 $1,267,312 $1,267,312 $811,298 $811,298 $811,298 $486,728 $224,918 $224,918 3490 JOURNAL OF THE SENATE Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $261,810 $261,810 $5,141,983 $261,810 $261,810 $5,179,374 $261,810 $261,810 $5,140,164 $261,810 $261,810 $5,177,874 Commission Administration Continuation Budget The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 $744,781 312.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $15,240 $15,240 $15,240 $15,240 312.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,485) ($3,485) ($3,485) ($3,485) 312.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,067 $1,067 $1,067 $1,067 312.4 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($1,819) ($910) 312.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($590) 312.100 -Commission Administration Appropriation (HB 106) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $757,603 $757,603 $755,784 $756,103 State General Funds $757,603 $757,603 $755,784 $756,103 TOTAL PUBLIC FUNDS $757,603 $757,603 $755,784 $756,103 THURSDAY, MARCH 28, 2013 3491 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 $238,237 $238,237 $932,290 $932,290 $632,184 $632,184 $632,184 $1,802,711 $238,237 $238,237 $932,290 $932,290 $632,184 $632,184 $632,184 $1,802,711 $238,237 $238,237 $932,290 $932,290 $632,184 $632,184 $632,184 $1,802,711 $238,237 $238,237 $932,290 $932,290 $632,184 $632,184 $632,184 $1,802,711 313.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $3,048 $3,048 $3,048 $3,048 313.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($540) ($540) ($540) ($540) 313.3 Reduce funds for operations. State General Funds ($5,473) ($5,473) ($5,473) ($5,473) 313.4 Reduce funds for personnel and replace with other funds. State General Funds ($37,391) $0 ($37,391) $0 313.100 -Conservation of Agricultural Water Supplies Appropriation (HB 106) 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 $197,881 $235,272 $197,881 $235,272 State General Funds $197,881 $235,272 $197,881 $235,272 3492 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $932,290 $932,290 $632,184 $632,184 $632,184 $1,762,355 $932,290 $932,290 $632,184 $632,184 $632,184 $1,799,746 $932,290 $932,290 $632,184 $632,184 $632,184 $1,762,355 $932,290 $932,290 $632,184 $632,184 $632,184 $1,799,746 Conservation of Soil and Water Resources Continuation Budget The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Federal Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,383,592 $1,383,592 $334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 $1,383,592 $1,383,592 $334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 $1,383,592 $1,383,592 $334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 $1,383,592 $1,383,592 $334,275 $334,275 $179,114 $179,114 $179,114 $486,728 $224,918 $224,918 $261,810 $261,810 $2,383,709 314.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $25,252 $25,252 $25,252 $25,252 314.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,983) ($1,983) ($1,983) ($1,983) THURSDAY, MARCH 28, 2013 3493 314.3 Reduce funds for personnel. State General Funds ($16,122) ($16,122) ($16,122) ($16,122) 314.100 -Conservation of Soil and Water Resources Appropriation (HB 106) 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 $1,390,739 $1,390,739 $1,390,739 $1,390,739 State General Funds $1,390,739 $1,390,739 $1,390,739 $1,390,739 TOTAL FEDERAL FUNDS $334,275 $334,275 $334,275 $334,275 Federal Funds Not Itemized $334,275 $334,275 $334,275 $334,275 TOTAL AGENCY FUNDS $179,114 $179,114 $179,114 $179,114 Intergovernmental Transfers $179,114 $179,114 $179,114 $179,114 Intergovernmental Transfers Not Itemized $179,114 $179,114 $179,114 $179,114 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $486,728 $486,728 $486,728 $486,728 State Funds Transfers $224,918 $224,918 $224,918 $224,918 Agency to Agency Contracts $224,918 $224,918 $224,918 $224,918 Federal Funds Transfers $261,810 $261,810 $261,810 $261,810 Federal Fund Transfers Not Itemized $261,810 $261,810 $261,810 $261,810 TOTAL PUBLIC FUNDS $2,390,856 $2,390,856 $2,390,856 $2,390,856 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 $747 $747 $123,989 $123,242 $123,242 $747 $747 $123,989 $123,242 $123,242 $747 $747 $123,989 $123,242 $123,242 $747 $747 $123,989 3494 JOURNAL OF THE SENATE 315.1 Reduce funds for personnel and replace with existing federal funds. State General Funds ($24,740) ($24,740) ($24,740) ($24,740) 315.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 106) 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 $98,502 $98,502 $98,502 $98,502 State General Funds $98,502 $98,502 $98,502 $98,502 TOTAL FEDERAL FUNDS $747 $747 $747 $747 Federal Funds Not Itemized $747 $747 $747 $747 TOTAL PUBLIC FUNDS $99,249 $99,249 $99,249 $99,249 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 $162,629 316.1 Reduce funds for personnel and replace with other funds. State General Funds ($9,040) ($9,040) ($9,040) ($9,040) 316.2 Reduce funds for operations. State General Funds ($21,669) ($21,669) ($21,669) ($21,669) 316.100 -Water Resources and Land Use Planning Appropriation (HB 106) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $131,920 $131,920 $131,920 $131,920 State General Funds $131,920 $131,920 $131,920 $131,920 TOTAL PUBLIC FUNDS $131,920 $131,920 $131,920 $131,920 THURSDAY, MARCH 28, 2013 3495 Section 44: 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 $640,153,723 $640,153,723 $640,153,723 $34,316,177 $34,316,177 $34,316,177 $605,837,546 $605,837,546 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $1,582,132 $641,735,855 $641,735,855 $641,735,855 $640,153,723 $34,316,177 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $641,735,855 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $635,748,886 $629,111,466 $37,103,303 $30,465,883 $598,645,583 $598,645,583 $230,950 $230,950 $230,950 $230,950 $230,950 $230,950 $0 $0 $0 $0 $635,979,836 $629,342,416 $634,426,472 $35,780,889 $598,645,583 $713,673 $230,950 $230,950 $482,723 $482,723 $635,140,145 $634,376,472 $35,730,889 $598,645,583 $713,673 $230,950 $230,950 $482,723 $482,723 $635,090,145 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 $6,500,000 $6,500,000 $569,682 $569,682 $569,682 $7,069,682 317.1 Increase funds to meet projected need and offset unavailable other funds. (H and CC:Adjust based on FY2013 actuals) 3496 JOURNAL OF THE SENATE State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: $3,554,164 ($569,682) $2,984,482 $2,042,895 ($569,682) $1,473,213 $2,100,000 ($569,682) $1,530,318 $2,050,000 ($569,682) $1,480,318 317.100 -Accel Appropriation (HB 106) 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 $10,054,164 $8,542,895 $8,600,000 $8,550,000 State General Funds $10,054,164 $8,542,895 $8,600,000 $8,550,000 TOTAL PUBLIC FUNDS $10,054,164 $8,542,895 $8,600,000 $8,550,000 Engineer Scholarship Continuation Budget The purpose of this appropriation is to provide forgivable loans to Georgia residents who are engineering students at Mercer University (Macon campus) and retain those students as engineers in the State. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 318.1 Increase funds based on projected need. State General Funds $131,750 $131,750 $131,750 318.100 -Engineer Scholarship Appropriation (HB 106) 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 $701,750 $701,750 $701,750 State General Funds $570,000 $701,750 $701,750 $701,750 TOTAL PUBLIC FUNDS $570,000 $701,750 $701,750 $701,750 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. THURSDAY, MARCH 28, 2013 3497 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 $1,094,862 319.100 -Georgia Military College Scholarship Appropriation (HB 106) 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 $800,000 320.100 -HERO Scholarship Appropriation (HB 106) 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 $7,922,124 $0 $7,922,124 $7,922,124 $0 $7,922,124 $7,922,124 $0 $7,922,124 $7,922,124 $0 $7,922,124 3498 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $7,922,124 $7,922,124 $7,922,124 $7,922,124 321.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $35,711 $35,711 $35,711 $35,711 321.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. Lottery Proceeds $1,009 $1,009 $1,009 $1,009 321.3 Increase funds for personnel and operations for REACH Georgia. Reserved Fund Balances Not Itemized $230,950 $230,950 $230,950 $230,950 321.100 -HOPE Administration Appropriation (HB 106) 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 $7,958,844 $7,958,844 $7,958,844 $7,958,844 Lottery Proceeds $7,958,844 $7,958,844 $7,958,844 $7,958,844 TOTAL AGENCY FUNDS $230,950 $230,950 $230,950 $230,950 Reserved Fund Balances $230,950 $230,950 $230,950 $230,950 Reserved Fund Balances Not Itemized $230,950 $230,950 $230,950 $230,950 TOTAL PUBLIC FUNDS $8,189,794 $8,189,794 $8,189,794 $8,189,794 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 $2,636,276 $0 $2,636,276 $2,636,276 $2,636,276 $0 $2,636,276 $2,636,276 $2,636,276 $0 $2,636,276 $2,636,276 $2,636,276 $0 $2,636,276 $2,636,276 322.1 Reduce funds to meet projected need. Lottery Proceeds ($705,980) ($705,980) ($705,980) ($705,980) THURSDAY, MARCH 28, 2013 3499 322.100 -HOPE GED Appropriation (HB 106) 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 $1,930,296 $1,930,296 $1,930,296 $1,930,296 Lottery Proceeds $1,930,296 $1,930,296 $1,930,296 $1,930,296 TOTAL PUBLIC FUNDS $1,930,296 $1,930,296 $1,930,296 $1,930,296 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 $112,658,625 $0 $112,658,625 $112,658,625 $112,658,625 $0 $112,658,625 $112,658,625 $112,658,625 $0 $112,658,625 $112,658,625 $112,658,625 $0 $112,658,625 $112,658,625 323.1 Reduce funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds ($22,365,183) ($22,365,183) ($22,365,183) ($22,365,183) 323.2 Increase funds for the Strategic Industries Workforce Development Grant. Lottery Proceeds $6,500,000 $6,500,000 $6,500,000 $6,500,000 323.100 -HOPE Grant Appropriation (HB 106) 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 $96,793,442 $96,793,442 $96,793,442 $96,793,442 Lottery Proceeds $96,793,442 $96,793,442 $96,793,442 $96,793,442 TOTAL PUBLIC FUNDS $96,793,442 $96,793,442 $96,793,442 $96,793,442 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. 3500 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $54,385,503 $0 $54,385,503 $54,385,503 $54,385,503 $0 $54,385,503 $54,385,503 $54,385,503 $0 $54,385,503 $54,385,503 $54,385,503 $0 $54,385,503 $54,385,503 324.1 Reduce funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds ($4,148,080) ($4,148,080) ($4,148,080) ($4,148,080) 324.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds ($2,619,498) ($2,619,498) ($2,619,498) ($2,619,498) 324.100 -HOPE Scholarships - Private Schools Appropriation (HB 106) 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 $47,617,925 $47,617,925 $47,617,925 $47,617,925 Lottery Proceeds $47,617,925 $47,617,925 $47,617,925 $47,617,925 TOTAL PUBLIC FUNDS $47,617,925 $47,617,925 $47,617,925 $47,617,925 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 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 $408,235,018 325.1 Increase funds to meet projected need while increasing the award amount by 3%. Lottery Proceeds $17,175,321 $17,175,321 $17,175,321 $17,175,321 325.2 Reduce funds for Zell Miller Scholars to meet projected need. Lottery Proceeds ($1,065,263) ($1,065,263) ($1,065,263) ($1,065,263) THURSDAY, MARCH 28, 2013 3501 325.100 -HOPE Scholarships - Public Schools Appropriation (HB 106) 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 $424,345,076 $424,345,076 $424,345,076 $424,345,076 Lottery Proceeds $424,345,076 $424,345,076 $424,345,076 $424,345,076 TOTAL PUBLIC FUNDS $424,345,076 $424,345,076 $424,345,076 $424,345,076 Low Interest Loans Continuation Budget 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 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 $20,000,000 326.100 -Low Interest Loans Appropriation (HB 106) 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 $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 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 $1,444,576 $1,444,576 $1,444,576 $1,444,576 $1,444,576 $1,444,576 $1,444,576 $1,444,576 3502 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 327.1 Reduce funds to meet projected need. Intergovernmental Transfers Not Itemized $482,723 $482,723 $482,723 $1,927,299 $482,723 $482,723 $482,723 $1,927,299 $482,723 $482,723 $482,723 $1,927,299 $482,723 $482,723 $482,723 $1,927,299 ($482,723) ($482,723) $0 $0 327.100 -North Georgia Military Scholarship Grants Appropriation (HB 106) 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 $1,444,576 $1,444,576 $1,444,576 $1,444,576 State General Funds $1,444,576 $1,444,576 $1,444,576 $1,444,576 TOTAL AGENCY FUNDS $0 $0 $482,723 $482,723 Intergovernmental Transfers $0 $0 $482,723 $482,723 Intergovernmental Transfers Not Itemized $0 $0 $482,723 $482,723 TOTAL PUBLIC FUNDS $1,444,576 $1,444,576 $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 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 328.100 -North Georgia ROTC Grants Appropriation (HB 106) 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 $875,000 $875,000 $875,000 $875,000 State General Funds $875,000 $875,000 $875,000 $875,000 TOTAL PUBLIC FUNDS $875,000 $875,000 $875,000 $875,000 THURSDAY, MARCH 28, 2013 3503 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 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 $376,761 329.100 -Public Memorial Safety Grant Appropriation (HB 106) 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. 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 $21,896,323 $21,896,323 $529,727 $529,727 $529,727 $22,426,050 330.1 Reduce funds to meet projected need while maintaining the current award amount. (H:Reduce funds to meet projected need and reduce the award amount to $500) State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: ($776,371) ($529,727) ($1,306,098) ($6,034,272) ($529,727) ($6,563,999) ($776,371) ($529,727) ($1,306,098) ($776,371) ($529,727) ($1,306,098) 3504 JOURNAL OF THE SENATE 330.100 -Tuition Equalization Grants Appropriation (HB 106) 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 $21,119,952 $15,862,051 $21,119,952 $21,119,952 State General Funds $21,119,952 $15,862,051 $21,119,952 $21,119,952 TOTAL PUBLIC FUNDS $21,119,952 $15,862,051 $21,119,952 $21,119,952 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 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 $758,655 331.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $11,909 $11,909 $11,909 $11,909 331.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $489 $489 $489 $489 331.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $273 $273 $273 $273 331.4 Reduce funds for contracts. State General Funds ($3,338) ($3,338) ($3,338) ($3,338) 331.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 106) 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 $767,988 $767,988 $767,988 $767,988 State General Funds $767,988 $767,988 $767,988 $767,988 TOTAL PUBLIC FUNDS $767,988 $767,988 $767,988 $767,988 THURSDAY, MARCH 28, 2013 3505 Section 45: 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 State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Continuation $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $31,646,587 $31,646,587 $31,646,587 Section Total - Final $513,000 $513,000 $513,000 $513,000 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $32,110,589 $32,110,589 $513,000 $513,000 $31,597,589 $31,597,589 $31,597,589 $32,110,589 $590,000 $590,000 $31,056,587 $31,056,587 $31,056,587 $31,646,587 $513,000 $513,000 $31,597,589 $31,597,589 $31,597,589 $32,110,589 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 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 $590,000 332.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit. State General Funds ($77,000) ($77,000) ($77,000) ($77,000) 332.100 -Floor/COLA, Local System Fund Appropriation (HB 106) 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 $513,000 $513,000 $513,000 $513,000 State General Funds $513,000 $513,000 $513,000 $513,000 TOTAL PUBLIC FUNDS $513,000 $513,000 $513,000 $513,000 3506 JOURNAL OF THE SENATE System Administration Continuation Budget 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 $0 $0 $31,056,587 $31,056,587 $31,056,587 $31,056,587 333.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Retirement Payments $600,482 $600,482 $600,482 $600,482 333.2 Reduce funds for contracts and equipment. Retirement Payments ($59,480) ($59,480) ($59,480) ($59,480) 333.100 -System Administration Appropriation (HB 106) 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 $31,597,589 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 12.28% for State Fiscal Year 2014. THURSDAY, MARCH 28, 2013 3507 Section 46: 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 Tuition and Fees for Higher Education 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 Tuition and Fees for Higher Education TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $330,570,350 $330,570,350 $330,570,350 $330,570,350 $330,570,350 $330,570,350 $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 $73,819,416 $73,819,416 $73,819,416 $192,690,584 $192,690,584 $192,690,584 $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 $667,744,434 $667,744,434 $667,744,434 $330,570,350 $330,570,350 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $1,360,000 $1,360,000 $667,744,434 Section Total - Final $305,917,034 $311,917,034 $305,917,034 $311,917,034 $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 $73,819,416 $73,819,416 $192,690,584 $192,690,584 $1,360,000 $1,360,000 $316,417,034 $316,417,034 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 $313,866,703 $313,866,703 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $73,819,416 $192,690,584 $1,360,000 3508 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,360,000 $1,360,000 $643,091,118 $1,360,000 $1,360,000 $649,091,118 $1,360,000 $1,360,000 $653,591,118 $1,360,000 $1,360,000 $651,040,787 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 $13,473,095 $13,473,095 $20,447,889 $20,447,889 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 $13,473,095 $13,473,095 $20,447,889 $20,447,889 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 $13,473,095 $13,473,095 $20,447,889 $20,447,889 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 $13,473,095 $13,473,095 $20,447,889 $20,447,889 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $39,400,984 334.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $58,889 $58,889 $58,889 $58,889 334.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $43,944 $43,944 $43,944 $43,944 334.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $318 $318 $318 $318 334.4 Reduce funds for personnel and convert six full-time positions to part-time. State General Funds ($282,508) ($282,508) ($282,508) ($282,508) 334.5 Reduce funds for operations. State General Funds ($121,685) ($121,685) ($121,685) ($121,685) THURSDAY, MARCH 28, 2013 3509 334.100 -Adult Literacy Appropriation (HB 106) 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 $13,172,053 $13,172,053 $13,172,053 $13,172,053 State General Funds $13,172,053 $13,172,053 $13,172,053 $13,172,053 TOTAL FEDERAL FUNDS $20,447,889 $20,447,889 $20,447,889 $20,447,889 Federal Funds Not Itemized $20,447,889 $20,447,889 $20,447,889 $20,447,889 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 Intergovernmental Transfers Not Itemized $2,100,000 $2,100,000 $2,100,000 $2,100,000 Sales and Services $3,380,000 $3,380,000 $3,380,000 $3,380,000 Sales and Services Not Itemized $3,380,000 $3,380,000 $3,380,000 $3,380,000 TOTAL PUBLIC FUNDS $39,099,942 $39,099,942 $39,099,942 $39,099,942 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 $7,944,927 $7,944,927 $657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 $7,944,927 $7,944,927 $657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 $7,944,927 $7,944,927 $657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 $7,944,927 $7,944,927 $657,195 $657,195 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,812,122 335.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $109,460 $109,460 $109,460 $109,460 3510 JOURNAL OF THE SENATE 335.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $9,128 $9,128 $9,128 $9,128 335.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $18,249 $18,249 $18,249 $18,249 335.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $5,607 $5,607 $5,607 $5,607 335.5 Reduce funds for personnel to eliminate one filled position and one vacant position. State General Funds ($155,848) ($155,848) ($155,848) ($155,848) 335.6 Reduce funds for operations. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 335.7 Reduce funds for information technology. State General Funds ($5,000) ($5,000) ($5,000) ($5,000) 335.8 Reduce funds for telecommunications. State General Funds ($9,500) ($9,500) ($9,500) ($9,500) 335.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($1,391) 335.100 -Departmental Administration Appropriation (HB 106) 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 $7,849,023 $7,849,023 $7,849,023 $7,847,632 State General Funds $7,849,023 $7,849,023 $7,849,023 $7,847,632 TOTAL FEDERAL FUNDS $657,195 $657,195 $657,195 $657,195 Federal Funds Not Itemized $657,195 $657,195 $657,195 $657,195 THURSDAY, MARCH 28, 2013 3511 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 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,716,218 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,716,218 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,716,218 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $8,714,827 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 $12,578,020 $12,578,020 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 $12,578,020 $12,578,020 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 $12,578,020 $12,578,020 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 $12,578,020 $12,578,020 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,508,020 336.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $66,652 $66,652 $66,652 $66,652 336.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $24,142 $24,142 $24,142 $24,142 336.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $15,492 $15,492 $15,492 $15,492 336.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $810 $810 $810 $810 3512 JOURNAL OF THE SENATE 336.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($7,039) 336.100 -Quick Start and Customized Services Appropriation (HB 106) 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 $12,685,116 $12,685,116 $12,685,116 $12,678,077 State General Funds $12,685,116 $12,685,116 $12,685,116 $12,678,077 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 $22,615,116 $22,615,116 $22,615,116 $22,608,077 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 Tuition and Fees for Higher Education TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584 $1,250,000 $1,250,000 $1,250,000 $597,023,308 $296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584 $1,250,000 $1,250,000 $1,250,000 $597,023,308 $296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584 $1,250,000 $1,250,000 $1,250,000 $597,023,308 $296,574,308 $296,574,308 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $61,509,416 $192,690,584 $1,250,000 $1,250,000 $1,250,000 $597,023,308 THURSDAY, MARCH 28, 2013 3513 337.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $1,610,941 $1,610,941 $1,610,941 $1,610,941 337.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $957,518 $957,518 $957,518 $957,518 337.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $345,001 $345,001 $345,001 $345,001 337.4 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $117,725 $117,725 $117,725 $117,725 337.5 Reduce funds for the formula to reflect a 13.0% decrease in credit hours and a 4.5% increase in square footage. (H and S:Reduce funds) State General Funds ($27,394,651) ($21,394,651) ($16,894,651) ($19,000,000) 337.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($436,552) 337.100 -Technical Education Appropriation (HB 106) 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 $272,210,842 $278,210,842 $282,710,842 $280,168,941 State General Funds $272,210,842 $278,210,842 $282,710,842 $280,168,941 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 $61,509,416 $61,509,416 $61,509,416 $61,509,416 Tuition and Fees for Higher Education $192,690,584 $192,690,584 $192,690,584 $192,690,584 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,250,000 $1,250,000 $1,250,000 $1,250,000 3514 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $572,659,842 $1,250,000 $1,250,000 $578,659,842 $1,250,000 $1,250,000 $583,159,842 $1,250,000 $1,250,000 $580,617,941 Section 47: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $794,416,060 $794,416,060 $794,416,060 State General Funds $7,640,787 $7,640,787 $7,640,787 State Motor Fuel Funds $786,775,273 $786,775,273 $786,775,273 TOTAL FEDERAL FUNDS $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 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,143,629,823 $1,143,629,823 $1,143,629,823 TOTAL AGENCY FUNDS $5,848,289 $5,848,289 $5,848,289 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 Royalties and Rents $88,239 $88,239 $88,239 Royalties and Rents Not Itemized $88,239 $88,239 $88,239 Sales and Services $5,164,817 $5,164,817 $5,164,817 Sales and Services Not Itemized $5,164,817 $5,164,817 $5,164,817 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 $2,011,398,143 $2,011,398,143 $2,011,398,143 $794,416,060 $7,640,787 $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 $2,011,398,143 Section Total - Final TOTAL STATE FUNDS $810,062,823 $835,930,415 $835,930,415 State General Funds $6,851,633 $6,971,633 $6,971,633 State Motor Fuel Funds $803,211,190 $828,958,782 $828,958,782 TOTAL FEDERAL FUNDS $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 Federal Highway Admin.-Planning & Construction CFDA20.205$1,143,629,823 $1,143,629,823 $1,143,629,823 TOTAL AGENCY FUNDS $5,848,289 $5,848,289 $5,848,289 Intergovernmental Transfers $595,233 $595,233 $595,233 $835,930,315 $6,971,533 $828,958,782 $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 THURSDAY, MARCH 28, 2013 3515 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 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,027,044,906 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,052,912,498 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,052,912,498 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,052,912,398 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 $3,064,237 $3,064,237 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 $3,064,237 $3,064,237 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 $3,064,237 $3,064,237 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 $3,064,237 $3,064,237 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,607,589 338.1 Reduce funds for the state match for airport aid grants. State General Funds ($120,000) $0 $0 $0 338.2 Reduce funds added in HB742 (2012 Session) for airport aid projects. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 338.3 Transfer funds and six positions from the Airport Aid program to the Intermodal program. State General Funds Federal Funds Not Itemized ($2,444,237) ($2,564,237) ($2,564,237) ($35,537,002) ($35,537,002) ($35,537,002) ($2,564,237) ($35,537,002) 3516 JOURNAL OF THE SENATE Sales and Services Not Itemized Total Public Funds: ($6,350) ($6,350) ($6,350) ($6,350) ($37,987,589) ($38,107,589) ($38,107,589) ($38,107,589) 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 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 $211,655,479 $0 $211,655,479 $675,252,699 $675,252,699 $886,908,178 339.1 Increase funds for capital outlay projects. State Motor Fuel Funds $1,737,997 $1,737,997 $1,737,997 $1,737,997 339.100 -Capital Construction Projects Appropriation (HB 106) 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 $213,393,476 $213,393,476 $213,393,476 $213,393,476 State Motor Fuel Funds $213,393,476 $213,393,476 $213,393,476 $213,393,476 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 PUBLIC FUNDS $888,646,175 $888,646,175 $888,646,175 $888,646,175 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 $60,560,150 $0 $60,560,150 $128,218,385 $60,560,150 $0 $60,560,150 $128,218,385 $60,560,150 $0 $60,560,150 $128,218,385 $60,560,150 $0 $60,560,150 $128,218,385 THURSDAY, MARCH 28, 2013 3517 Federal Highway Admin.-Planning & Construction CFDA20.205 $128,218,385 $128,218,385 $128,218,385 $128,218,385 TOTAL PUBLIC FUNDS $188,778,535 $188,778,535 $188,778,535 $188,778,535 340.100 -Capital Maintenance Projects Appropriation (HB 106) 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 $60,560,150 State Motor Fuel Funds $60,560,150 $60,560,150 $60,560,150 $60,560,150 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 PUBLIC FUNDS $188,778,535 $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 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 $74,357,642 $0 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 $74,357,642 $0 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 $74,357,642 $0 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 $74,357,642 $0 $74,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $139,415,632 341.1 Increase funds to reflect a prior year adjustment in the employer share of the Employees' Retirement System. State Motor Fuel Funds $802,250 $802,250 $802,250 $802,250 341.2 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $700,000 $700,000 $700,000 $700,000 341.3 Increase funds. State Motor Fuel Funds $7,147,592 $7,147,592 $7,147,592 3518 JOURNAL OF THE SENATE 341.4 Transfer funds from the Construction Administration program to the Departmental Administration program for employee benefit expenses. State Motor Fuel Funds ($3,500,000) 341.100 -Construction Administration Appropriation (HB 106) 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 $75,859,892 $83,007,484 $83,007,484 $79,507,484 State Motor Fuel Funds $75,859,892 $83,007,484 $83,007,484 $79,507,484 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 $165,000 $165,000 $165,000 $165,000 Sales and Services $165,000 $165,000 $165,000 $165,000 Sales and Services Not Itemized $165,000 $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $140,917,882 $148,065,474 $148,065,474 $144,565,474 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 $11,137,288 342.100 -Data Collection, Compliance and Reporting Appropriation (HB 106) 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. THURSDAY, MARCH 28, 2013 3519 TOTAL STATE FUNDS $2,804,774 State Motor Fuel Funds $2,804,774 TOTAL FEDERAL FUNDS $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 TOTAL AGENCY FUNDS $62,257 Sales and Services $62,257 Sales and Services Not Itemized $62,257 TOTAL PUBLIC FUNDS $11,137,288 $2,804,774 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 Departmental Administration Continuation Budget The purpose of this appropriation is to plan, construct, maintain, and improve the state's roads and bridges; provide planning and financial support for other modes of transportation such as mass transit, airports, railroads, and waterways. 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 $51,083,000 $0 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 343.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $618,024 $618,024 $618,024 $618,024 343.2 Transfer funds from the Construction Administration program to the Departmental Administration program for employee benefit expenses. State Motor Fuel Funds $3,500,000 343.100 -Departmental Administration Appropriation (HB 106) 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 $51,701,024 $51,701,024 $51,701,024 $55,201,024 3520 JOURNAL OF THE SENATE State Motor Fuel Funds $51,701,024 TOTAL FEDERAL FUNDS $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 TOTAL AGENCY FUNDS $898,970 Sales and Services $898,970 Sales and Services Not Itemized $898,970 TOTAL PUBLIC FUNDS $63,439,817 Intermodal TOTAL STATE FUNDS $0 State General Funds $0 $51,701,024 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $63,439,817 $51,701,024 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $63,439,817 $55,201,024 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $66,939,817 Continuation Budget $0 $0 $0 $0 $0 $0 344.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $22,330 $22,330 $22,330 $22,330 344.2 Transfer funds and six positions from the Airport Aid program to the Intermodal program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: $2,444,237 $35,537,002 $6,350 $37,987,589 $2,564,237 $35,537,002 $6,350 $38,107,589 $2,564,237 $35,537,002 $6,350 $38,107,589 $2,564,237 $35,537,002 $6,350 $38,107,589 344.3 Transfer funds and two positions from the Ports and Waterways program to the Intermodal program. State General Funds $852,893 $852,893 $852,893 $852,893 344.4 Transfer funds and four positions from the Rail program to the Intermodal program. State General Funds Royalties and Rents Not Itemized Total Public Funds: $356,891 $88,239 $445,130 $356,891 $88,239 $445,130 $356,891 $88,239 $445,130 $356,891 $88,239 $445,130 344.5 Transfer funds and 22 positions from the Transit program to the Intermodal program. State General Funds Sales and Services Not Itemized $3,175,282 $6,000 $3,175,282 $6,000 $3,175,282 $6,000 $3,175,282 $6,000 THURSDAY, MARCH 28, 2013 3521 Federal Funds Not Itemized Total Public Funds: $31,324,367 $34,505,649 $31,324,367 $34,505,649 $31,324,367 $34,505,649 $31,324,367 $34,505,649 344.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($100) 344.99 CC: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. Senate: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. House: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. Gov Rev: The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. State General Funds $0 $0 $0 $0 344.100 -Intermodal Appropriation (HB 106) The purpose of this appropriation is to support the planning, development and maintenance of Georgia's Airports, Rail, Transit and Ports and Waterways to facilitate a complete and seamless statewide transportation system. TOTAL STATE FUNDS $6,851,633 $6,971,633 $6,971,633 $6,971,533 State General Funds $6,851,633 $6,971,633 $6,971,633 $6,971,533 TOTAL FEDERAL FUNDS $66,861,369 $66,861,369 $66,861,369 $66,861,369 Federal Funds Not Itemized $66,861,369 $66,861,369 $66,861,369 $66,861,369 TOTAL AGENCY FUNDS $100,589 $100,589 $100,589 $100,589 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 $12,350 $12,350 $12,350 $12,350 Sales and Services Not Itemized $12,350 $12,350 $12,350 $12,350 TOTAL PUBLIC FUNDS $73,813,591 $73,933,591 $73,933,591 $73,933,491 Local Maintenance and Improvement Grants Continuation Budget 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. 3522 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS 345.1 Reduce funds for grants and benefits. State Motor Fuel Funds 345.2 Increase funds for local road improvement grants. State Motor Fuel Funds $110,642,250 $0 $110,642,250 $110,642,250 $110,642,250 $0 $110,642,250 $110,642,250 $110,642,250 $0 $110,642,250 $110,642,250 $110,642,250 $0 $110,642,250 $110,642,250 ($3,172,250) ($3,172,250) ($3,172,250) ($3,172,250) $15,000,000 $15,000,000 $15,000,000 345.100 -Local Maintenance and Improvement Grants Appropriation (HB 106) 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 State Motor Fuel Funds TOTAL PUBLIC FUNDS $107,470,000 $107,470,000 $107,470,000 $122,470,000 $122,470,000 $122,470,000 $122,470,000 $122,470,000 $122,470,000 $122,470,000 $122,470,000 $122,470,000 Local Road Assistance Administration Continuation Budget The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 $16,854,565 $0 $16,854,565 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $50,208,468 THURSDAY, MARCH 28, 2013 3523 346.1 Reduce funds in the Local Road Assistance Administration program for technical and financial assistance and transfer savings to the Payments to the State Road and Tollway Authority program for GRB/GARVEE debt service. State Motor Fuel Funds ($4,500,000) ($4,500,000) ($4,500,000) ($4,500,000) 346.100 -Local Road Assistance Administration Appropriation (HB 106) 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 $12,354,565 $12,354,565 $12,354,565 $12,354,565 State Motor Fuel Funds $12,354,565 $12,354,565 $12,354,565 $12,354,565 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 $595,233 $595,233 $595,233 Intergovernmental Transfers $595,233 $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $45,708,468 $45,708,468 $45,708,468 $45,708,468 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 $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 347.100 -Planning Appropriation (HB 106) 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 $3,756,074 3524 JOURNAL OF THE SENATE State Motor Fuel Funds $3,756,074 TOTAL FEDERAL FUNDS $14,683,804 Federal Highway Admin.-Planning & Construction CFDA20.205 $14,683,804 TOTAL PUBLIC FUNDS $18,439,878 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $14,683,804 $14,683,804 $18,439,878 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 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 $941,812 348.1 Reduce funds for property tax assessment to reflect projected expenditures. State General Funds ($88,919) ($88,919) ($88,919) ($88,919) 348.2 Transfer funds and two positions from the Ports and Waterways program to the Intermodal program. State General Funds ($852,893) ($852,893) ($852,893) ($852,893) 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 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 $356,891 $356,891 $88,239 $88,239 $88,239 $445,130 349.1 Transfer funds and four positions from the Rail program to the Intermodal program. State General Funds ($356,891) ($356,891) ($356,891) ($356,891) THURSDAY, MARCH 28, 2013 3525 Royalties and Rents Not Itemized Total Public Funds: ($88,239) ($445,130) ($88,239) ($445,130) ($88,239) ($445,130) ($88,239) ($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 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $173,068,804 $0 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 $173,068,804 $0 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 $173,068,804 $0 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 $173,068,804 $0 $173,068,804 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $198,597,858 350.1 Increase funds to reflect a prior year adjustment in the employer share of the State Health Benefit Plan. State Motor Fuel Funds $942,474 $942,474 $942,474 $942,474 350.2 Increase funds for operations. State Motor Fuel Funds $2,811,738 $2,811,738 $2,811,738 $2,811,738 350.100 -Routine Maintenance Appropriation (HB 106) 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 $176,823,016 $176,823,016 $176,823,016 $176,823,016 3526 JOURNAL OF THE SENATE State Motor Fuel Funds $176,823,016 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 $202,352,070 $176,823,016 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $202,352,070 $176,823,016 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $202,352,070 $176,823,016 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $202,352,070 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 $59,337,643 351.100 -Traffic Management and Control Appropriation (HB 106) 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 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 $35,670,542 THURSDAY, MARCH 28, 2013 3527 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,026,240 $4,026,240 $4,026,240 $59,337,643 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $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 $3,277,847 $3,277,847 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 $3,277,847 $3,277,847 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 $3,277,847 $3,277,847 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 $3,277,847 $3,277,847 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,608,214 352.1 Reduce funds for the state match for local transit projects. State General Funds ($102,565) ($102,565) ($102,565) ($102,565) 352.2 Transfer funds and 22 positions from the Transit program to the Intermodal program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($3,175,282) ($31,324,367) ($6,000) ($34,505,649) ($3,175,282) ($31,324,367) ($6,000) ($34,505,649) ($3,175,282) ($31,324,367) ($6,000) ($34,505,649) ($3,175,282) ($31,324,367) ($6,000) ($34,505,649) 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 $62,351,674 $0 $62,351,674 $0 $62,351,674 $0 $62,351,674 $0 3528 JOURNAL OF THE SENATE State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $62,351,674 $148,156,201 $148,156,201 $210,507,875 $62,351,674 $148,156,201 $148,156,201 $210,507,875 $62,351,674 $148,156,201 $148,156,201 $210,507,875 $62,351,674 $148,156,201 $148,156,201 $210,507,875 353.1 Increase funds for GRB/GARVEE debt service. State Motor Fuel Funds $11,995,684 $11,995,684 $11,995,684 $11,995,684 353.2 Increase funds for GRB/GARVEE debt service by transferring savings from the Local Road Assistance Administration program. State Motor Fuel Funds $4,500,000 $4,500,000 $4,500,000 $4,500,000 353.3 Increase funds to provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. State Motor Fuel Funds $3,600,000 $3,600,000 $3,600,000 353.100 -Payments to the State Road and Tollway Authority Appropriation (HB 106) 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 $78,847,358 $82,447,358 $82,447,358 $82,447,358 State Motor Fuel Funds $78,847,358 $82,447,358 $82,447,358 $82,447,358 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 TOTAL PUBLIC FUNDS $227,003,559 $230,603,559 $230,603,559 $230,603,559 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 THURSDAY, MARCH 28, 2013 3529 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 48: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $20,429,441 $20,429,441 $20,429,441 $20,429,441 $20,429,441 $20,429,441 $18,260,569 $18,260,569 $18,260,569 $18,260,569 $18,260,569 $18,260,569 $38,690,010 $38,690,010 $38,690,010 $20,429,441 $20,429,441 $18,260,569 $18,260,569 $38,690,010 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 $20,148,979 $20,148,979 $20,148,979 $20,148,979 $18,260,569 $18,260,569 $18,260,569 $18,260,569 $532,301 $2,313,699 $532,301 $2,313,699 $532,301 $2,313,699 $38,941,849 $40,723,247 $20,147,431 $20,147,431 $18,260,569 $18,260,569 $2,313,699 $2,313,699 $2,313,699 $40,721,699 $20,135,998 $20,135,998 $18,260,569 $18,260,569 $2,313,699 $2,313,699 $2,313,699 $40,710,266 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 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 $1,378,152 3530 JOURNAL OF THE SENATE 354.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $24,408 $24,408 $24,408 $24,408 354.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $95,478 $95,478 $95,478 $95,478 354.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,699 $1,699 $1,699 $1,699 354.4 Transfer funds from the Veterans Benefits program to the Departmental Administration program for one technology position. State General Funds $71,182 $71,182 $71,182 $71,182 354.5 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($1,548) ($774) 354.100 -Departmental Administration Appropriation (HB 106) 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 $1,570,919 $1,570,919 $1,569,371 $1,570,145 State General Funds $1,570,919 $1,570,919 $1,569,371 $1,570,145 TOTAL PUBLIC FUNDS $1,570,919 $1,570,919 $1,569,371 $1,570,145 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 $484,954 $484,954 $178,004 $178,004 $662,958 $484,954 $484,954 $178,004 $178,004 $662,958 $484,954 $484,954 $178,004 $178,004 $662,958 $484,954 $484,954 $178,004 $178,004 $662,958 THURSDAY, MARCH 28, 2013 3531 355.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $13,981 $13,981 $13,981 $13,981 355.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 106) 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 $498,935 $498,935 $178,004 $178,004 $676,939 $498,935 $498,935 $178,004 $178,004 $676,939 $498,935 $498,935 $178,004 $178,004 $676,939 $498,935 $498,935 $178,004 $178,004 $676,939 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 $5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412 $5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412 $5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412 $5,035,364 $5,035,364 $5,286,048 $5,286,048 $10,321,412 356.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 11.41% to 12.28%. State General Funds $38,697 $38,697 $38,697 $38,697 356.2 Reduce funds due to lowered average daily patient census. State General Funds ($251,282) ($251,282) ($251,282) ($251,282) 356.3 Transfer funds from the Georgia War Veterans Home-Augusta program to the Veterans Benefits program for personnel. State General Funds ($197,636) ($197,636) ($197,636) ($197,636) 3532 JOURNAL OF THE SENATE 356.4 Increase funds to recognize residency fee revenue. (H and S:YES; Reflect updated projected fee revenue to increase patient services and census) Sales and Services Not Itemized $247,897 $967,441 $967,441 $967,441 356.5 Utilize existing state funds ($50,261) for the FY2013 Teachers' Retirement System contract increase. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 356.99 CC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Georgia Regents University- Augusta. State General Funds $0 356.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 106) 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 Georgia Regents University- Augusta. 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 $4,625,143 $4,625,143 $5,286,048 $5,286,048 $247,897 $247,897 $247,897 $10,159,088 $4,625,143 $4,625,143 $5,286,048 $5,286,048 $967,441 $967,441 $967,441 $10,878,632 $4,625,143 $4,625,143 $5,286,048 $5,286,048 $967,441 $967,441 $967,441 $10,878,632 $4,625,143 $4,625,143 $5,286,048 $5,286,048 $967,441 $967,441 $967,441 $10,878,632 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 $7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504 $7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504 $7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504 $7,834,427 $7,834,427 $8,173,077 $8,173,077 $16,007,504 THURSDAY, MARCH 28, 2013 3533 357.1 Reduce funds due to lowered average daily patient census. State General Funds ($361,601) ($361,601) ($361,601) ($361,601) 357.2 Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Veterans Benefits program for personnel. State General Funds ($284,404) ($284,404) ($284,404) ($284,404) 357.3 Increase funds to recognize residency fee revenue. (H and S:YES; Reflect updated projected fee revenue to increase patient services and census) Sales and Services Not Itemized $284,404 $1,346,258 $1,346,258 $1,346,258 357.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 106) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $7,188,422 $7,188,422 $7,188,422 $7,188,422 State General Funds $7,188,422 $7,188,422 $7,188,422 $7,188,422 TOTAL FEDERAL FUNDS $8,173,077 $8,173,077 $8,173,077 $8,173,077 Federal Funds Not Itemized $8,173,077 $8,173,077 $8,173,077 $8,173,077 TOTAL AGENCY FUNDS $284,404 $1,346,258 $1,346,258 $1,346,258 Sales and Services $284,404 $1,346,258 $1,346,258 $1,346,258 Sales and Services Not Itemized $284,404 $1,346,258 $1,346,258 $1,346,258 TOTAL PUBLIC FUNDS $15,645,903 $16,707,757 $16,707,757 $16,707,757 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 $5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984 $5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984 $5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984 $5,696,544 $5,696,544 $4,623,440 $4,623,440 $10,319,984 3534 JOURNAL OF THE SENATE 358.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $104,452 $104,452 $104,452 $104,452 358.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $53,706 $53,706 $53,706 $53,706 358.3 Transfer funds from the Georgia War Veterans Nursing Home-Augusta program ($197,636) and the Georgia War Veterans Home-Milledgeville program ($284,404) for twelve new field officer positions and two new claims and appeals positions. State General Funds $482,040 $482,040 $482,040 $482,040 358.4 Transfer funds from the Veterans Benefits program to the Departmental Administration program for one technology position. State General Funds ($71,182) ($71,182) ($71,182) ($71,182) 358.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($12,207) 358.100 -Veterans Benefits Appropriation (HB 106) The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled. TOTAL STATE FUNDS $6,265,560 $6,265,560 $6,265,560 $6,253,353 State General Funds $6,265,560 $6,265,560 $6,265,560 $6,253,353 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 $10,889,000 $10,889,000 $10,889,000 $10,876,793 Section 49: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Section Total - Continuation $21,955,175 $21,955,175 $21,955,175 $21,955,175 $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $21,955,175 $21,955,175 $523,832 $523,832 THURSDAY, MARCH 28, 2013 3535 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $523,832 $22,479,007 $523,832 $22,479,007 $523,832 $22,479,007 $523,832 $22,479,007 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $22,702,966 $22,702,966 $22,702,966 $22,702,966 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $23,226,798 $23,226,798 $22,700,125 $22,700,125 $523,832 $523,832 $523,832 $23,223,957 $22,701,246 $22,701,246 $523,832 $523,832 $523,832 $23,225,078 Administer the Workers' Compensation Laws Continuation Budget The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 $11,247,520 $11,247,520 $458,353 $458,353 $458,353 $11,705,873 359.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $252,115 $252,115 $252,115 $252,115 359.2 Transfer funds from the Administer the Workers' Compensation Laws program to the Board Administration program for personnel. State General Funds ($54,000) ($54,000) ($54,000) ($54,000) 359.100 -Administer the Workers' Compensation Laws Appropriation (HB 106) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $11,445,635 $11,445,635 $11,445,635 $11,445,635 3536 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,445,635 $458,353 $458,353 $458,353 $11,903,988 $11,445,635 $458,353 $458,353 $458,353 $11,903,988 $11,445,635 $458,353 $458,353 $458,353 $11,903,988 $11,445,635 $458,353 $458,353 $458,353 $11,903,988 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 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 $10,707,655 $10,707,655 $65,479 $65,479 $65,479 $10,773,134 360.1 Increase funds to reflect the adjustment in the employer share of the Employees' Retirement System. State General Funds $44,895 $44,895 $44,895 $44,895 360.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $449,429 $449,429 $449,429 $449,429 360.3 Increase funds to reflect an adjustment in TeamWorks Financials billings. State General Funds $1,352 $1,352 $1,352 $1,352 360.4 Transfer funds from the Administer the Workers' Compensation Laws program to the Board Administration program for personnel. State General Funds $54,000 $54,000 $54,000 $54,000 360.5 Remit payment to the State Treasury. (Total Funds: $5,303,747)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 THURSDAY, MARCH 28, 2013 3537 360.6 Reduce funds by transitioning 80% of vendor payments to Automated Clearing House (ACH). State General Funds ($2,841) 360.90 Reduce funds to reflect an adjustment in the property insurance premiums. State General Funds ($1,421) ($299) 360.100 -Board Administration Appropriation (HB 106) 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 $11,257,331 $11,257,331 $11,254,490 $11,255,611 State General Funds $11,257,331 $11,257,331 $11,254,490 $11,255,611 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 $11,322,810 $11,322,810 $11,319,969 $11,321,090 Section 50: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS $1,124,937,314 $1,124,937,314 $1,124,937,314 State General Funds $942,063,253 $942,063,253 $942,063,253 State Motor Fuel Funds $182,874,061 $182,874,061 $182,874,061 TOTAL FEDERAL FUNDS $16,456,398 $16,456,398 $16,456,398 Federal Funds Not Itemized $16,456,398 $16,456,398 $16,456,398 TOTAL PUBLIC FUNDS $1,141,393,712 $1,141,393,712 $1,141,393,712 $1,124,937,314 $942,063,253 $182,874,061 $16,456,398 $16,456,398 $1,141,393,712 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $1,203,209,769 $1,171,297,214 $1,030,523,851 $1,024,358,888 $172,685,918 $146,938,326 $16,456,398 $16,456,398 $16,456,398 $16,456,398 $1,219,666,167 $1,187,753,612 $1,170,178,268 $1,023,239,942 $146,938,326 $16,456,398 $16,456,398 $1,186,634,666 $1,170,767,561 $1,023,829,235 $146,938,326 $16,456,398 $16,456,398 $1,187,223,959 3538 JOURNAL OF THE SENATE 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 $1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398 $1,058,371,704 $1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398 $1,058,371,704 $1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398 $1,058,371,704 $1,041,915,306 $859,041,245 $182,874,061 $16,456,398 $16,456,398 $1,058,371,704 361.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds $83,022,008 $83,022,008 $83,022,008 $83,022,008 361.2 Increase funds. State General Funds $12,196,880 $5,234,857 $0 $0 361.3 Reduce funds for debt service. State Motor Fuel Funds ($10,188,143) ($10,188,143) ($10,188,143) ($10,188,143) 361.4 Reduce funds for debt service to reflect savings from early retirements. State General Funds State Motor Fuel Funds Total Public Funds: ($255,199) ($255,199) ($4,490,263) ($25,747,592) ($30,237,855) ($4,490,263) ($25,747,592) ($30,237,855) ($4,490,263) ($25,747,592) ($30,237,855) 361.5 Redirect $1,571,620 in 20-year unspent bond proceeds from FY2010 for facility construction and renovations (HB119, Bond#397.122) and $2,922,100 in 20-year unspent bond proceeds from FY2012 for improvements and renovations (HB78, Bond#379.132) for the Department of Juvenile Justice to be used to construct a 30-bed Youth Development Campus. (Gov Rev:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 361.6 Repeal the authorization of $4,720,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Regular, statewide and utilize bonding authorization for additional debt capacity in the current year. (CC:Repeal the authorization of $655,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Regular, statewide) State General Funds ($428,576) ($59,474) THURSDAY, MARCH 28, 2013 3539 361.7 Repeal the authorization of $1,530,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Exceptional Growth, statewide and utilize bonding authorization for additional debt capacity in the current year. (CC:NO) State General Funds ($138,924) $0 361.8 Repeal the authorization of $3,165,000 in 20-year bonds from FY2010 (HB119) for the State Board of Education (Department of Education) Capital Outlay Program - Regular Advance, statewide and utilize bonding authorization for additional debt capacity in the current year. (CC:NO) State General Funds ($287,382) $0 361.9 Repeal the authorization of $2,230,000 in 5-year bonds from FY2010 (HB119) for the Georgia Building Authority Judicial Building. State General Funds ($518,698) 361.100 -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% State General Funds $1,126,690,852 $954,004,934 $172,685,918 $16,456,398 $16,456,398 $1,143,147,250 $1,089,746,173 $942,807,847 $146,938,326 $16,456,398 $16,456,398 $1,106,202,571 Appropriation (HB 106) $1,083,656,434 $1,083,933,144 $936,718,108 $936,994,818 $146,938,326 $146,938,326 $16,456,398 $16,456,398 $16,456,398 $16,456,398 $1,100,112,832 $1,100,389,542 Continuation Budget $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $83,022,008 $20,431,463 $21,818,706 $21,738,873 $21,880,027 3540 JOURNAL OF THE SENATE 10 year at 5.25% State General Funds 15 year at 5.5% State General Funds 20 year at 5.5% State General Funds 20 year at 6% State General Funds Total Amount State General Funds Total Principal Amount 5 year at 5% State General Funds 10 year at 5.25% State General Funds 15 year at 5.5% State General Funds 20 year at 5.5% State General Funds 20 year at 6% State General Funds $4,227,920 $4,227,920 $4,227,920 $3,571,920 $449,100 $449,100 $449,100 $449,100 $45,371,834 $49,016,715 $54,067,341 $53,607,698 $6,038,600 $6,038,600 $6,038,600 $7,325,672 $76,518,917 $81,551,041 $86,521,834 $86,834,417 $88,295,000 $94,290,000 $93,945,000 $94,555,000 $32,225,000 $32,225,000 $32,225,000 $27,225,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 $541,430,000 $584,925,000 $645,195,000 $639,710,000 $69,250,000 $69,250,000 $69,250,000 $84,010,000 THURSDAY, MARCH 28, 2013 3541 Total Amount State General Funds $735,700,000 $785,190,000 $845,115,000 $850,000,000 362.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds ($83,022,008) ($83,022,008) ($83,022,008) ($83,022,008) 362.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 106) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Corrections, Department of 362.101 BOND: GDC multi-projects: $1,500,000 in principal for 5 years at 5%: Fund facility repairs and purchase equipment statewide. From State General Funds, $347,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $347,100 $347,100 $347,100 $347,100 Corrections, Department of 362.102 BOND: GDC multi-projects: $6,940,000 in principal for 20 years at 5.5%: Fund facility renovations, security upgrades, and improvements statewide. From State General Funds, $581,572 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 $6,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $581,572 $581,572 $581,572 $581,572 Corrections, Department of 362.103 BOND: GDC multi-projects: $3,500,000 in principal for 5 years at 5%: Purchase 175 replacement vehicles statewide. 3542 JOURNAL OF THE SENATE From State General Funds, $809,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $809,900 $809,900 $809,900 $809,900 Corrections, Department of 362.104 BOND: Phillips State Prison: $4,500,000 in principal for 15 years at 5.5%: Fund the guaranteed energy savings performance contract. From State General Funds, $449,100 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 180 months. State General Funds $449,100 $449,100 $449,100 $449,100 Pardons and Paroles, State Board of 362.111 BOND: State Board of Pardons and Paroles Multi-Projects: $775,000 in principal for 5 years at 5%: Purchase 40 vehicles for virtual office initiative statewide. From State General Funds, $179,335 is specifically appropriated for the purpose of financing projects and facilities for the State Board of Pardons and Paroles by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $179,335 $179,335 $179,335 $179,335 Defense, Department of 362.121 BOND: National Guard Armories: $2,000,000 in principal for 20 years at 5.5%: Fund renovations of armories statewide and match federal funds. From State General Funds, $167,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, THURSDAY, MARCH 28, 2013 3543 enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $167,600 $167,600 $167,600 $167,600 Defense, Department of 362.122 BOND: National Guard Armories: $500,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide and match federal funds. From State General Funds, $115,700 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 $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 $115,700 $115,700 $115,700 $115,700 Defense, Department of 362.123 BOND: National Guard Armories: $205,000 in principal for 20 years at 5.5%: Fund the Rome motor pool area expansion and match federal funds. From State General Funds, $17,179 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 $205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $17,179 Defense, Department of 362.124 BOND: National Guard Armories: $175,000 in principal for 20 years at 5.5%: Fund renovations of the Toccoa Maintenance Training Building and match federal funds. From State General Funds, $14,665 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 3544 JOURNAL OF THE SENATE personal, necessary or useful in connection therewith, through the issuance of not more than $175,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $14,665 Defense, Department of 362.125 BOND: National Guard Armories: $145,000 in principal for 20 years at 5.5%: Fund renovations and upgrades to Building #2, Hinesville and match federal funds. From State General Funds, $12,151 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 $145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $12,151 Defense, Department of 362.126 BOND: National Guard Armories: $200,000 in principal for 20 years at 5.5%: Fund the Calhoun motor pool area expansion and match federal funds. From State General Funds, $16,760 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 $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 $16,760 Defense, Department of 362.127 BOND: National Guard Armories: $70,000 in principal for 20 years at 5.5%: Fund the Swainsboro vehicle storage building renovation and roof replacement and match federal funds. From State General Funds, $5,866 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 $70,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $5,866 THURSDAY, MARCH 28, 2013 3545 Investigation, Georgia Bureau of 362.131 BOND: Savannah Branch Crime Lab: $345,000 in principal for 20 years at 5.5%: Fund replacement of the HVAC system at the crime lab building. From State General Funds, $28,911 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 $345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $28,911 $28,911 $28,911 $28,911 Investigation, Georgia Bureau of 362.132 BOND: GBI Multi-Projects: $305,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide. From State General Funds, $70,577 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 $305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $70,577 $70,577 $70,577 $70,577 Investigation, Georgia Bureau of 362.133 BOND: GBI Multi-Projects: $945,000 in principal for 5 years at 5%: Purchase 30 investigative replacement vehicles statewide. From State General Funds, $218,673 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 $945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $218,673 $218,673 $218,673 $218,673 Juvenile Justice, Department of 362.141 BOND: DJJ Multi-Projects: $3,090,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide. From State General Funds, $715,026 is specifically appropriated for the purpose of financing projects and 3546 JOURNAL OF THE SENATE 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 $3,090,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $715,026 $715,026 $715,026 $715,026 Juvenile Justice, Department of 362.142 BOND: DJJ Multi-Projects: $3,285,000 in principal for 20 years at 5.5%: Fund major facility improvements and renovations statewide. From State General Funds, $275,283 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 240 months. State General Funds $275,283 $275,283 $275,283 $275,283 Juvenile Justice, Department of 362.143 BOND: DJJ Multi-Projects: $3,300,000 in principal for 20 years at 5.5%: Fund security upgrades and enhancements statewide. From State General Funds, $276,540 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 $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $276,540 $276,540 $276,540 $276,540 Juvenile Justice, Department of 362.144 BOND: Eastman Youth Development Campus: $105,000 in principal for 5 years at 5%: Purchase equipment for newly constructed support facilities. From State General Funds, $24,297 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, THURSDAY, MARCH 28, 2013 3547 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $105,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $24,297 $24,297 $24,297 $24,297 Juvenile Justice, Department of 362.145 BOND: Muscogee Youth Development Campus: $445,000 in principal for 5 years at 5%: Fund the design of new housing units. From State General Funds, $102,973 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 $445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $102,973 $102,973 $102,973 $102,973 Juvenile Justice, Department of 362.146 BOND: Muscogee Youth Development Campus: $100,000 in principal for 5 years at 5%: Fund the design of a vocational education facility. From State General Funds, $23,140 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 $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $23,140 $23,140 $23,140 $23,140 Juvenile Justice, Department of 362.147 BOND: Macon Youth Development Campus: $365,000 in principal for 5 years at 5%: Fund the design of new housing units. From State General Funds, $84,461 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 $365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $84,461 $84,461 $84,461 $84,461 3548 JOURNAL OF THE SENATE Public Safety, Department of 362.151 BOND: Patrol Posts Various: $2,500,000 in principal for 5 years at 5%: Purchase 106 replacement law enforcement patrol vehicles statewide. From State General Funds, $578,500 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $578,500 $578,500 $578,500 $578,500 Public Safety, Department of 362.152 BOND: Patrol Posts Various: $285,000 in principal for 5 years at 5%: Purchase 10 replacement enforcement vehicles for the Motor Carrier Compliance Division statewide. From State General Funds, $65,949 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 $285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $65,949 $65,949 $65,949 $65,949 Public Safety, Department of 362.153 BOND: Patrol Posts Various: $790,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide. From State General Funds, $182,806 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 $790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $182,806 $182,806 $182,806 $182,806 Public Safety, Department of 362.154 BOND: Patrol Posts Various: $3,000,000 in principal for 10 years at 5.25%: Purchase one replacement helicopter statewide. From State General Funds, $393,600 is specifically appropriated for the purpose of financing projects and THURSDAY, MARCH 28, 2013 3549 facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $393,600 $393,600 $393,600 $393,600 Public Safety, Department of 362.155 BOND: Public Safety Training Center: $1,655,000 in principal for 20 years at 5.5%: Fund major facility repairs, renovations, and construction. From State General Funds, $138,689 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 $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $138,689 $138,689 $138,689 $138,689 Public Safety, Department of 362.156 BOND: Public Safety Training Center: $400,000 in principal for 20 years at 5.5%: Fund replacement of shoothouse training facility. From State General Funds, $33,520 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 $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $33,520 $33,520 $33,520 $33,520 Public Safety, Department of 362.157 BOND: Public Safety Training Center: $425,000 in principal for 20 years at 5.5%: Construct a building for fire protection training. From State General Funds, $35,615 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 3550 JOURNAL OF THE SENATE $425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $35,615 $35,615 $35,615 $35,615 Public Safety, Department of 362.158 BOND: Public Safety Training Center: $235,000 in principal for 5 years at 5%: Fund the resurfacing of the skid pad for driver training. (CC:Fund the skid pad and equipment) From State General Funds, $54,379 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 $235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $28,925 $28,925 $28,925 $54,379 Public Safety, Department of 362.159 BOND: Public Safety Training Center: $395,000 in principal for 10 years at 5.25%: Purchase one replacement fire truck. From State General Funds, $51,824 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 $395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $51,824 $51,824 $51,824 $51,824 Community Affairs, Department of 362.191 BOND: Reservoirs: $4,500,000 in principal for 20 years at 6%: Fund reservoirs statewide. From State General Funds, $392,400 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $392,400 $392,400 $392,400 $392,400 THURSDAY, MARCH 28, 2013 3551 Environmental Finance Authority, Georgia 362.201 BOND: Local Government Infrastructure: $15,050,000 in principal for 20 years at 5.5%: Fund the State Funded Water and Sewer Construction Loan Program. From State General Funds, $1,261,190 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 $15,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,029,370 $2,442,770 $1,763,990 $1,261,190 Environmental Finance Authority, Georgia 362.202 BOND: Local Government Infrastructure: $4,600,000 in principal for 20 years at 5.5%: Fund the state match for the federal Clean Water State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $385,480 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 $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $293,300 $293,300 $385,480 $385,480 Environmental Finance Authority, Georgia 362.203 BOND: Local Government Infrastructure: $4,600,000 in principal for 20 years at 5.5%: Fund the state match for the federal Drinking Water State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $385,480 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 $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $385,480 $385,480 $385,480 $385,480 Environmental Finance Authority, Georgia 362.204 BOND: Local Government Infrastructure: $0 in principal for 20 years at 5.5%: Fund Water Supply and Reservoir Construction Loan Program. (CC:Utilize Authority reserve funds to provide $20,750,000 in new loans for the Water Supply and Reservoir Construction Loan Program) State General Funds $1,738,850 $1,738,850 $1,738,850 $0 3552 JOURNAL OF THE SENATE Economic Development, Department of 362.211 BOND: Georgia World Congress Center: $11,750,000 in principal for 20 years at 6%: Fund infrastructure improvements related to the College Football Hall of Fame. (H and S:Fund infrastructure improvements)(CC:Fund infrastructure improvements) From State General Funds, $1,024,600 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 $11,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,024,600 $1,024,600 $1,024,600 $1,024,600 Economic Development, Department of 362.212 BOND: Georgia World Congress Center: $3,250,000 in principal for 20 years at 5.5%: Fund renovations and upgrades to Building B. From State General Funds, $272,350 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 $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $272,350 $272,350 $272,350 $272,350 Ports Authority, Georgia 362.221 BOND: Ports Authority: $50,000,000 in principal for 20 years at 5.5%: Fund the Savannah Harbor Deepening Project and match federal funds. From State General Funds, $4,190,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,190,000 $4,190,000 $4,190,000 $4,190,000 Transportation, Department of 362.231 BOND: Rail Lines: $2,760,000 in principal for 20 years at 6%: Fund continuance of the Nunez to Vidalia Line Rehabilitation project, the rehabilitation of the line from Summerville to Lyerly (Summerville to Chattooga County), replace the failing closed wood deck bridge with an open bridge timber structure on the Georgia Central Railway in Laurens County and replace the failing closed wood deck bridge with an open THURSDAY, MARCH 28, 2013 3553 timber bridge on the Georgia Central Railway in Twiggs County. From State General Funds, $240,672 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $231,288 $240,672 Education, Department of 362.301 BOND: K - 12 Schools: $148,050,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Regular for local school construction. From State General Funds, $12,406,590 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 $148,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $12,426,702 $12,406,590 $12,406,590 $12,406,590 Education, Department of 362.302 BOND: K - 12 Schools: $29,510,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $2,472,938 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 $29,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,472,938 $2,472,938 $2,472,938 $2,472,938 Education, Department of 362.303 BOND: K - 12 Schools: $24,100,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Low Wealth for local school construction. (S:Redirect sold but unused bonds for this project) From State General Funds, $2,019,580 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 $24,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,084,944 $2,019,580 $1,789,130 $2,019,580 3554 JOURNAL OF THE SENATE Education, Department of 362.304 BOND: K - 12 Schools: $3,110,000 in principal for 20 years at 5.5%: Fund the Capital Outlay Program-Additional Project Specific Low Wealth for local school construction, Terrell County. From State General Funds, $260,618 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $3,110,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $260,618 $260,618 $260,618 $260,618 Education, Department of 362.305 BOND: K - 12 Equipment: $20,000,000 in principal for 10 years at 5.25%: Purchase 328 school buses statewide. (CC:Purchase 262 buses using statewide contract with a preference given to Georgia-based companies per O.C.G.A 50-5-61) 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 $3,280,000 $2,624,000 Education, Department of 362.306 BOND: K - 12 Equipment: $7,000,000 in principal for 5 years at 5%: Fund technology infrastructure upgrades for local school districts statewide. From State General Funds, $1,619,800 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,619,800 $1,619,800 $1,619,800 $1,619,800 Education, Department of 362.307 BOND: K - 12 Equipment: $3,600,000 in principal for 5 years at 5%: Fund vocational equipment statewide. From State General Funds, $833,040 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $833,040 $833,040 $833,040 THURSDAY, MARCH 28, 2013 3555 Education, Department of 362.308 BOND: State Schools: $1,935,000 in principal for 20 years at 5.5%: Fund facility improvements and repairs at the State Schools. From State General Funds, $162,153 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $162,153 $162,153 $162,153 Education, Department of 362.309 BOND: DOE Locations Statewide: $1,655,000 in principal for 20 years at 5.5%: Fund building construction and renovation at the FFA/FCCLA Center and Camp John Hope. From State General Funds, $138,689 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $157,125 $157,125 $138,689 Building Authority, Georgia 362.411 BOND: GBA multi-projects: $5,500,000 in principal for 20 years at 5.5%: Fund facility improvements and renovations, statewide. From State General Funds, $460,900 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $251,400 $251,400 $251,400 $460,900 Revenue, Department of 362.421 BOND: Department of Revenue Equipment: $10,000,000 in principal for 5 years at 5%: Fund replacement of the Georgia Registration and Title Information System (GRATIS). 3556 JOURNAL OF THE SENATE From State General Funds, $2,314,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,314,000 $2,314,000 $2,314,000 $2,314,000 Georgia Vocational Rehabilitation Agency 362.491 BOND: Roosevelt Warm Springs Institute for Rehabilitation: $760,000 in principal for 5 years at 5%: Fund electrical repairs at Kress, Founders, Builders, and Georgia Halls. From State General Funds, $175,864 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Vocational Rehabilitation Agency by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $175,864 $175,864 $175,864 $175,864 Behavioral Health and Developmental Disabilities, Department of 362.501 BOND: Central State Hospital: $820,000 in principal for 20 years at 5.5%: Fund replacement of the HVAC system in the Education and Work Activities Center Building. (S and CC:Redirect sold but unused bonds for this project) From State General Funds, $68,716 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 $820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $77,096 $77,096 $68,716 $68,716 Behavioral Health and Developmental Disabilities, Department of 362.502 BOND: Atlanta Regional Hospital: $0 in principal for 5 years at 5%: Fund a new food delivery system. (S and CC:Redirect sold but unused bonds for this project) State General Funds $218,673 $218,673 $0 $0 THURSDAY, MARCH 28, 2013 3557 Veterans Service, Department of 362.521 BOND: Georgia War Veterans Nursing Homes, Various: $525,000 in principal for 20 years at 5.5%: Fund facility repairs and renovations. From State General Funds, $43,995 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 $525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $43,995 $43,995 $43,995 $43,995 University System of Georgia, Board of Regents 362.601 BOND: Regents: $49,120,000 in principal for 20 years at 5.5%: Fund major improvements and renovations statewide. From State General Funds, $4,116,256 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $49,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,190,000 $4,190,000 $3,731,195 $4,116,256 University System of Georgia, Board of Regents 362.602 BOND: Dalton State College: $2,100,000 in principal for 5 years at 5%: Purchase equipment for the new academic building. From State General Funds, $485,940 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $485,940 $485,940 $485,940 $485,940 University System of Georgia, Board of Regents 362.603 BOND: Georgia College and State University: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the renovation of Ennis Hall. From State General Funds, $231,400 is specifically appropriated for the purpose of financing projects and 3558 JOURNAL OF THE SENATE facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $231,400 $231,400 $231,400 $231,400 University System of Georgia, Board of Regents 362.604 BOND: Georgia Gwinnett College: $3,000,000 in principal for 5 years at 5%: Purchase equipment for the new Allied Health Building. From State General Funds, $694,200 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $694,200 $694,200 $694,200 $694,200 University System of Georgia, Board of Regents 362.605 BOND: Georgia Regents University: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Consolidated Medical Education Commons. From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,157,000 $1,157,000 $1,157,000 $1,157,000 University System of Georgia, Board of Regents 362.606 BOND: Georgia Institute of Technology: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Engineered Biosystems Building. From State General Funds, $1,157,000 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, THURSDAY, MARCH 28, 2013 3559 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 $1,157,000 $1,157,000 $1,157,000 $1,157,000 University System of Georgia, Board of Regents 362.607 BOND: University of Georgia: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the new Veterinary Medical Learning Center. From State General Funds, $1,157,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,157,000 $1,157,000 $1,157,000 $1,157,000 University System of Georgia, Board of Regents 362.608 BOND: Valdosta State University: $3,800,000 in principal for 5 years at 5%: Purchase equipment for the new Health Science Building. From State General Funds, $879,320 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $879,320 $879,320 $879,320 $879,320 University System of Georgia, Board of Regents 362.609 BOND: Georgia State University: $58,800,000 in principal for 20 years at 5.5%: Construct the Humanities - Law Building. From State General Funds, $4,927,440 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 $58,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,927,440 $4,927,440 $4,927,440 $4,927,440 3560 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 362.610 BOND: Georgia Southern University: $10,000,000 in principal for 20 years at 5.5%: Design, construct and purchase equipment for the Health Services and Counseling Center. From State General Funds, $838,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $838,000 $838,000 $838,000 $838,000 University System of Georgia, Board of Regents 362.611 BOND: Georgia Regents University: $45,000,000 in principal for 20 years at 6%: Construct the Cancer Research Building. From State General Funds, $3,924,000 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. State General Funds $3,924,000 $3,924,000 $3,924,000 $3,924,000 University System of Georgia, Board of Regents 362.612 BOND: Middle Georgia State College: $10,000,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for a Military and Veterans Academic and Training Center. From State General Funds, $838,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $838,000 $838,000 $838,000 $838,000 University System of Georgia, Board of Regents 362.613 BOND: Georgia Research Alliance: $12,500,000 in principal for 5 years at 5%: Purchase equipment and fund research and development infrastructure. THURSDAY, MARCH 28, 2013 3561 From State General Funds, $2,892,500 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 $12,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,892,500 $2,892,500 $2,892,500 $2,892,500 University System of Georgia, Board of Regents 362.614 BOND: Georgia Public Telecommunications Commission: $3,760,000 in principal for 5 years at 5%: Fund facility repairs and equipment. From State General Funds, $870,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $870,064 $870,064 $870,064 $870,064 University System of Georgia, Board of Regents 362.615 BOND: University of Georgia: $2,600,000 in principal for 20 years at 5.5%: Fund renovations of the Fine Arts Building. From State General Funds, $217,880 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $108,940 $217,880 $217,880 University System of Georgia, Board of Regents 362.616 BOND: Kennesaw State University: $4,400,000 in principal for 20 years at 5.5%: Fund renovations of the Sturgis Library. From State General Funds, $368,720 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, 3562 JOURNAL OF THE SENATE equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $368,720 $368,720 $368,720 University System of Georgia, Board of Regents 362.617 BOND: Abraham Baldwin Agricultural College: $4,300,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for the Lab Sciences Building. From State General Funds, $360,340 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $180,170 $360,340 $360,340 University System of Georgia, Board of Regents 362.618 BOND: University of North Georgia: $1,000,000 in principal for 20 years at 5.5%: Fund renovations for the science building, Gainesville Campus. From State General Funds, $83,800 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 $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 $83,800 $83,800 $83,800 University System of Georgia, Board of Regents 362.619 BOND: Bainbridge College: $3,000,000 in principal for 20 years at 5.5%: Design, construct, and purchase equipment for the classroom-lab building. From State General Funds, $251,400 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 THURSDAY, MARCH 28, 2013 3563 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 $251,400 $251,400 $251,400 University System of Georgia, Board of Regents 362.620 BOND: College of Coastal Georgia: $2,000,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Commons South. From State General Funds, $167,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $167,600 $167,600 $167,600 University System of Georgia, Board of Regents 362.621 BOND: Southern Polytechnic State University: $2,500,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Building D (Math). From State General Funds, $209,500 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 $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 $209,500 $209,500 $209,500 University System of Georgia, Board of Regents 362.622 BOND: Georgia Institute of Technology: $1,875,000 in principal for 20 years at 5.5%: Fund renovations of the Lloyd W. Chapin Building. From State General Funds, $157,125 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $157,125 $157,125 $157,125 3564 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 362.623 BOND: Dalton State College: $4,600,000 in principal for 20 years at 5.5%: Fund renovations of the Health Sciences Building. From State General Funds, $385,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $192,740 $385,480 $385,480 University System of Georgia, Board of Regents 362.624 BOND: University of Georgia: $4,700,000 in principal for 20 years at 5.5%: Fund renovations of the Tift Building, Tifton Campus. From State General Funds, $393,860 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $196,930 $393,860 $393,860 University System of Georgia, Board of Regents 362.625 BOND: Regents: $4,000,000 in principal for 20 years at 5.5%: Fund major improvements and renovations at Cooperative Extension and Agricultural Experiment Station facilities, statewide. From State General Funds, $335,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $335,200 $335,200 $335,200 University System of Georgia, Board of Regents 362.626 BOND: Regents: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the Agricultural Experiment Station, statewide. From State General Funds, $231,400 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, THURSDAY, MARCH 28, 2013 3565 development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $231,400 $231,400 $231,400 University System of Georgia, Board of Regents 362.627 BOND: Public Libraries: $3,995,000 in principal for 5 years at 5%: Fund minor repairs, renovations and purchase equipment statewide. From State General Funds, $924,443 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 $3,995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $901,303 $924,443 $924,443 University System of Georgia, Board of Regents 362.628 BOND: Rock Eagle 4-H Facility: $7,500,000 in principal for 20 years at 5.5%: Construct new cabins. From State General Funds, $628,500 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $209,500 $209,500 $628,500 University System of Georgia, Board of Regents 362.629 BOND: Armstrong Atlantic State University: $4,750,000 in principal for 20 years at 5.5%: Fund renovations at the Liberty Center. (CC:Design, construct, and equip the new Liberty Center at the Hinesville campus) From State General Funds, $398,050 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $199,025 $398,050 3566 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 362.630 BOND: Valdosta State University: $2,500,000 in principal for 20 years at 5.5%: Fund renovations at Martin Hall. From State General Funds, $209,500 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 $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 $104,750 $209,500 University System of Georgia, Board of Regents 362.631 BOND: Columbus State University: $3,900,000 in principal for 20 years at 5.5%: Fund renovations at Howard Hall. From State General Funds, $326,820 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $326,820 $326,820 University System of Georgia, Board of Regents 362.632 BOND: Public Libraries: $1,600,000 in principal for 20 years at 5.5%: Fund renovations of the Perry Library, Houston County. From State General Funds, $134,080 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $134,080 $134,080 University System of Georgia, Board of Regents 362.633 BOND: Public Libraries: $2,000,000 in principal for 20 years at 5.5%: Construct an expansion of the Jefferson Branch/Regional Office in Jackson County of the Piedmont Regional Library System. From State General Funds, $167,600 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Public Libraries, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $167,600 $167,600 THURSDAY, MARCH 28, 2013 3567 University System of Georgia, Board of Regents 362.634 BOND: Public Libraries: $900,000 in principal for 20 years at 5.5%: Construct and fund renovations for the Hiawassee Branch of the Mountain Regional Library System. From State General Funds, $75,420 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 $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 $75,420 $75,420 University System of Georgia, Board of Regents 362.635 BOND: Middle Georgia State College: $3,800,000 in principal for 20 years at 5.5%: Fund renovations of Haynes Hall, Cochran Campus. From State General Funds, $318,440 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 $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $318,440 $318,440 University System of Georgia, Board of Regents 362.636 BOND: Georgia Gwinnett College: $4,000,000 in principal for 20 years at 5.5%: Fund renovations of additional space. From State General Funds, $335,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $335,200 $335,200 University System of Georgia, Board of Regents 362.637 BOND: University of West Georgia: $3,500,000 in principal for 20 years at 5.5%: Fund renovations of Murphy Field House. From State General Funds, $293,300 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, 3568 JOURNAL OF THE SENATE 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 $293,300 $293,300 University System of Georgia, Board of Regents 362.638 BOND: Clayton State University: $19,800,000 in principal for 20 years at 5.5%: Construct a new science building. (S:Construct a new science building and utilize $395,000 in sold but unused bonds for this project) From State General Funds, $1,659,240 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,383,119 $1,659,240 University System of Georgia, Board of Regents 362.639 BOND: Atlanta Metropolitan College: $3,800,000 in principal for 20 years at 5.5%: Fund renovations of the Academic Sciences Building. From State General Funds, $318,440 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 $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $318,440 $318,440 University System of Georgia, Board of Regents 362.640 BOND: College of Coastal Georgia: $1,000,000 in principal for 5 years at 5%: Fund minor repairs, renovations, and purchase equipment, Camden County Campus. From State General Funds, $231,400 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $231,400 THURSDAY, MARCH 28, 2013 3569 University System of Georgia, Board of Regents 362.641 BOND: Georgia Southwestern State University: $1,950,000 in principal for 20 years at 5.5%: Fund renovations for the Fine Arts Center. From State General Funds, $163,410 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $163,410 Technical College System of Georgia 362.651 BOND: Altamaha Technical College: $13,500,000 in principal for 20 years at 5.5%: Construct the Golden Isles campus. From State General Funds, $1,131,300 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,131,300 $1,131,300 $1,131,300 $1,131,300 Technical College System of Georgia 362.652 BOND: North Georgia Technical College: $3,955,000 in principal for 20 years at 5.5%: Design and construct the science addition to the Health Building. From State General Funds, $331,429 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 $3,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $331,429 $331,429 $331,429 $331,429 Technical College System of Georgia 362.653 BOND: Oconee Fall Line Technical College: $0 in principal for 20 years at 5.5%: Fund renovations of the acquired school campus. State General Funds $460,900 $460,900 $460,900 $0 3570 JOURNAL OF THE SENATE Technical College System of Georgia 362.654 BOND: Middle Georgia Technical College: $16,440,000 in principal for 20 years at 5.5%: Construct a new Health Services Center. From State General Funds, $1,377,672 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 $16,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,377,672 $1,377,672 $1,377,672 $1,377,672 Technical College System of Georgia 362.655 BOND: Technical College Multi-Projects: $7,000,000 in principal for 5 years at 5%: Replace obsolete equipment. From State General Funds, $1,619,800 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,619,800 $1,619,800 $1,619,800 $1,619,800 Technical College System of Georgia 362.656 BOND: Technical College Multi-Projects: $12,000,000 in principal for 20 years at 5.5%: Fund major repairs and renovations statewide. From State General Funds, $1,005,600 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 $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $586,600 $1,005,600 $1,005,600 $1,005,600 Technical College System of Georgia 362.657 BOND: Technical College Multi-Projects: $0 in principal for 5 years at 5%: Fund facility repair and sustainment statewide. State General Funds $1,157,000 $0 $0 $0 THURSDAY, MARCH 28, 2013 3571 Technical College System of Georgia 362.658 BOND: Wiregrass Georgia Technical College: $12,190,000 in principal for 20 years at 5.5%: Design and construct the Allied Health and Public Safety Training Center, Coffee County Campus. From State General Funds, $1,021,522 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 $12,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $510,761 $1,021,522 $1,021,522 Technical College System of Georgia 362.659 BOND: South Georgia Technical College: $3,485,000 in principal for 20 years at 5.5%: Fund renovations of the Transportation and Energy Building. From State General Funds, $292,043 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 $3,485,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $292,043 $292,043 $292,043 Technical College System of Georgia 362.660 BOND: Southeastern Technical College: $8,260,000 in principal for 20 years at 5.5%: Design and construct the Health Sciences Building, Swainsboro Campus. From State General Funds, $692,188 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 $8,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $188,550 $692,188 $692,188 3572 JOURNAL OF THE SENATE Technical College System of Georgia 362.661 BOND: Lanier Technical College: $2,500,000 in principal for 5 years at 5%: Purchase equipment for the new classroom building, Barrow Campus. From State General Funds, $578,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $578,500 $578,500 $578,500 Technical College System of Georgia 362.662 BOND: Technical College Multi-Projects: $9,000,000 in principal for 20 years at 5.5%: Fund construction, renovation or equipment for College and Career Academies. From State General Funds, $754,200 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $754,200 $754,200 Technical College System of Georgia 362.663 BOND: Altamaha Technical College: $0 in principal for 5 years at 5%: Fund design of a new academic building, Camden County Campus. State General Funds $115,700 $0 Technical College System of Georgia 362.664 BOND: Southwest Georgia Technical College: $825,000 in principal for 20 years at 5.5%: Fund renovations needed for flood control. From State General Funds, $69,135 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 $825,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $69,135 THURSDAY, MARCH 28, 2013 3573 Technical College System of Georgia 362.665 BOND: Ogeechee Technical College: $2,910,000 in principal for 20 years at 5.5%: Fund renovations of the Joseph E. Kennedy Building. From State General Funds, $243,858 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 $2,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $243,858 Forestry Commission, State 362.701 BOND: Forestry Equipment: $3,830,000 in principal for 10 years at 5.25%: Replace firefighting equipment statewide. From State General Funds, $502,496 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 $3,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $502,496 $502,496 $502,496 $502,496 Forestry Commission, State 362.702 BOND: Forestry Buildings: $1,000,000 in principal for 20 years at 5.5%: Fund major facility improvements and renovations statewide. From State General Funds, $83,800 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $83,800 $83,800 $83,800 $83,800 Natural Resources, Department of 362.711 BOND: DNR multi-projects: $300,000 in principal for 5 years at 5%: Replace 13 law enforcement, administrative, and maintenance vehicles statewide. From State General Funds, $69,420 is specifically appropriated for the purpose of financing projects and facilities 3574 JOURNAL OF THE SENATE 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $69,420 $69,420 $69,420 $69,420 Natural Resources, Department of 362.712 BOND: DNR multi-projects: $800,000 in principal for 5 years at 5%: Fund facility repair and sustainment statewide. From State General Funds, $185,120 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 $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 $185,120 $185,120 $185,120 $185,120 Natural Resources, Department of 362.713 BOND: DNR multi-projects: $6,570,000 in principal for 20 years at 5.5%: Fund facility improvements and renovations statewide. From State General Funds, $550,566 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $550,566 $550,566 $550,566 $550,566 Natural Resources, Department of 362.714 BOND: DNR multi-projects: $11,460,000 in principal for 20 years at 5.5%: Fund land acquisition for wildlife management areas and parks and match federal funds. From State General Funds, $960,348 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 THURSDAY, MARCH 28, 2013 3575 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $960,348 $960,348 $960,348 $960,348 Natural Resources, Department of 362.715 BOND: DNR State Parks: $370,000 in principal for 20 years at 5.5%: Fund miscellaneous new construction at state parks statewide. From State General Funds, $31,006 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 $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 $31,006 $31,006 $31,006 $31,006 Natural Resources, Department of 362.716 BOND: DNR multi-projects: $7,000,000 in principal for 20 years at 6%: Fund land acquisition for historic preservation statewide. From State General Funds, $610,400 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $610,400 $610,400 $610,400 $610,400 Soil and Water Conservation Commission 362.717 BOND: Soil & Water Conservation Watershed: $3,000,000 in principal for 20 years at 5.5%: Rehabilitate flood control structures. From State General Funds, $251,400 is specifically appropriated for the purpose of financing projects and facilities for the Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $125,700 $125,700 $251,400 3576 JOURNAL OF THE SENATE Jekyll Island State Park Authority 362.721 BOND: Jekyll Island: $12,000,000 in principal for 20 years at 6%: Fund renovation and new construction of the Jekyll Island youth facility, Glynn County. From State General Funds, $1,046,400 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,046,400 Agriculture, Department of 362.741 BOND: State Farmers' Markets: $1,000,000 in principal for 20 years at 6%: Fund major repairs and renovations at state farmers' markets statewide. From State General Funds, $87,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $87,200 $87,200 $87,200 $87,200 Section 51: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 316, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 232, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: Education, Department of 397.301 BOND: K - 12 Schools: $100,720,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular for local school construction. (CC:Fund at the $160 million entitlement level) THURSDAY, MARCH 28, 2013 3577 From State General Funds, $9,145,376 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $100,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby amended to read as follows: [Bond 397.301] From State General Funds, $9,085,902 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $100,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 317, Act No. 345, 2009 Regular Session, H.B. 119), carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2009-2010 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 242, 233, Act No. 352, 2010 Regular Session, H.B. 947), and which reads as follows: Building Authority, Georgia 397.404 BOND: GBA multi-projects: $2,730,000 in principal for 5 years at 5.25%: Renovate the Judicial building. (CC:Provide funds to design a new facility) From State General Funds, $634,998 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. is hereby amended to read as follows: [Bond 397.404] From State General Funds, $116,300 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, 3578 JOURNAL OF THE SENATE 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. Section 52: Refunds In addition to all other appropriations, there is hereby appropriated, as needed, a specific sum of money equal to each refund authorized by law, which is required to make refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law. Section 53: 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 54: Budgetary Control and Interpretation The appropriations in this Act consist of the amount stated in the right-most column, for each line at the lowest level of detail for the fund source categories, "Total State Funds" and "Total Federal Funds," under a caption beginning with a program or special project number that has a 100 or a higher number after the decimal and a program or special project name. In each case, such appropriation is associated with the immediately preceding program or special project name, number, and statement of program or special project purpose. The program or special project purpose is stated immediately below the program or special project name. For authorizations for general obligation debt in Section 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 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 right- THURSDAY, MARCH 28, 2013 3579 most column are for informational purposes only. The summary and lowest level of detail for the fund source categories "Total Agency Funds" and "Total Intra-State Governmental Transfers," are for informational purposes only. The blocks of text and numerals immediately following the section header and beginning with the phrases, "Section Total - Continuation" and "Section Totals - Final" are for informational purposes only. Sections 51, 52, and 53 contain, constitute, or amend appropriations. Section 55: 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 10 percent (10%) 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: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part III: Repeal Conflicting Laws All laws and parts of laws in conflict with this Act are repealed. 3580 JOURNAL OF THE SENATE Senator Hill of the 4th moved that the Senate adopt the Conference Committee Report on HB 106. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon C Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 adopted the Conference Committee Report on HB 106. The following communication was received by the Secretary: Senator Tommie Williams District 19 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Natural Resources and the Environment Reapportionment and Redistricting Transportation HB 106 The State Senate Atlanta, Georgia 30334 3-28-13 Please record my vote on HB 106 as a yea vote. /s/ Tommie Williams THURSDAY, MARCH 28, 2013 3581 The following bill was taken up to consider House action thereto: HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Mullis of the 53rd asked unanimous consent that the Senate adhere to its substitute to HB 143 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Chance of the 16th, Shafer of the 48th and Mullis of the 53rd. The following bill was taken up to consider House action thereto: SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Jeffares of the 17th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 137 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Jeffares of the 17th, Jackson of the 24th and Bethel of the 54th. Senator Shafer of the 48th was excused as a Conferee. The following bill was taken up to consider House action thereto: HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise terminology; to 3582 JOURNAL OF THE SENATE delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; 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 283 (HB 283/SCSFA/2) by inserting after "nonprofit corporation" on line 12 the following: to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for such organizations; to change certain provisions relating to taxation reporting requirements for such organizations; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to change certain provisions relating to qualified education tax credits; to provide for effective dates and applicability; By striking lines 752 through 754 and lines 773 through 775 and inserting in lieu thereof the following: cooperative efforts with the school; and By inserting between lines 930 and 931 the following: (b.1) Pursuant to this Code section, the office may establish a nonprofit corporation to be designated as the Innovation Fund Foundation to promote public-private partnerships between businesses, nonprofit organizations, institutions of higher education, local school systems, and public schools, for the purpose of improving student achievement. Funds received by the foundation may be awarded through a competitive grant process administered by the office. The General Assembly may appropriate funds for purposes of this foundation beginning in Fiscal Year 2015. By inserting between lines 946 and 947 the following: SECTION 33A. Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, is amended by revising paragraph (1) of Code Section 20-2A1, relating to definitions, as follows: "(1) 'Eligible student' means a student who is a Georgia resident who, immediately prior to receiving a scholarship or tuition grant under Code Section 20-2A-2 and enrolling in a qualified school or program, was enrolled in and attended for at least six THURSDAY, MARCH 28, 2013 3583 weeks a Georgia secondary or primary public school or who is eligible to enroll in a qualified first grade, kindergarten program, or pre-kindergarten program; provided, however, that if a student is deemed an eligible student pursuant to this paragraph, he or she shall continue to qualify as such until he or she graduates, reaches the age of 20, or returns to a public school, whichever occurs first; and provided, further, that the enrollment and six-week public school attendance requirements shall be waived in the case of a student who, based on the school attendance zone of his or her primary residence, is or would be assigned to a public school that the Office of Student Achievement determines to be a low-performing school, who is the subject of officially documented cases of school based physical violence or student related verbal abuse threatening physical harm, or who was enrolled in a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 for at least one year immediately prior to receiving a scholarship or tuition grant under Code Section 20-2A-2." SECTION 33B. Said chapter is further amended by revising Code Section 20-2A-2, relating to requirements for student scholarship organizations, as follows: "20-2A-2. Each student scholarship organization: (1) Must With respect to the first $1.5 million of its annual revenue received from donations for scholarships or tuition grants, must obligate for scholarships or tuition grants at least 90 percent of such its annual revenue received from donations for scholarships or tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $1.5 million and up to and including $10 million, must obligate at least 93 percent of such revenue for scholarships and tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $10 million and up to and including $20 million, must obligate at least 94 percent of such revenue for scholarships and tuition grants; and, with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $20 million, must obligate at least 95 percent of such revenue for scholarships and tuition grants however, up to 25 percent of this amount may be carried forward for the next fiscal year. On or before the end of the calendar year following the calendar year in which a student scholarship organization receives revenues from donations and obligates them for the awarding of scholarships or tuition grants, the student scholarship organization shall designate the obligated revenues for specific student recipients. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants, the student scholarship organization may distribute the entire obligated and designated revenues to a qualified school or program to be held in accordance with Department of Revenue rules for distribution to the specified recipients during the years in which the recipients are projected in writing by the private school to be enrolled at the qualified school or 3584 JOURNAL OF THE SENATE program. In making a multiyear distribution to a qualified school or program, the student scholarship organization shall require that if the designated student becomes ineligible or for any other reason the qualified school or program elects not to continue disbursement of the multiyear scholarship or tuition grant to the designated student for all the projected years, then the qualified school or program shall immediately return the remaining funds to the student scholarship organization. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants for which the student scholarship organization distributes the obligated and designated revenues to a qualified school or program annually rather than the entire amount, if the designated student becomes ineligible or for any other reason the student scholarship organization elects not to continue disbursement for all years, then the student scholarship organization shall designate any remaining previously obligated revenues for a new specific student recipient on or before the end of the following calendar year. The maximum scholarship amount given by the student scholarship organization in any given year shall not exceed the average state and local expenditures per student in fall enrollment in public elementary and secondary education for this state. The Department of Education shall determine and publish such amount annually, no later than January 1; (1.1) In awarding scholarships or tuition grants, shall consider financial needs of students based on all sources, including the federal adjusted gross income from the federal income tax return most recently filed by the parents or guardians of such students, as adjusted for family size. If the parents or guardians of a student have not filed a federal income tax return in either of the two calendar years immediately preceding the year of application, the student scholarship organization shall consider the financial need of the student based on proof of employment income of the parents or guardians from the 30 consecutive days closest to when the applicant submitted the scholarship application and on any other sources of income, including, but not limited to, unemployment benefits, social security benefits, and child support benefits; (2) Must maintain separate accounts for scholarship funds and operating funds. Until obligated revenues are designated for specific student recipients, the student scholarship organization shall hold the obligated revenues in a bank or investment account owned by the student scholarship organization and over which it has complete control; (3) Must have an independent board of directors with at least three members; (4) May transfer funds to another student scholarship organization; (5) Must conduct an audit of its accounts by an independent certified public accountant within 120 days after the completion of the student scholarship organization's fiscal year verifying that it obligated for scholarships or tuition grants at least 90 percent of its annual revenue received from donations for scholarships or tuition grants has complied with all requirements of this Code section, including but not limited to financial requirements. Each student scholarship organization shall provide a copy of and provide such audit to the Department of Revenue in accordance THURSDAY, MARCH 28, 2013 3585 with Code Section 20-2A-3. Notwithstanding Code Sections 20-2A-7, 48-2-15, 48-760, and 48-7-61, if the copy of the audit submitted fails to verify that the student scholarship organization obligated its annual revenue received from donations for scholarships or tuition grants as required under paragraph (1) of this Code section; that obligated revenues were designated for specific student recipients within the time frame required by paragraph (1) of this Code section; and that all obligated and designated revenue distributed to a qualified school or program for the funding of multiyear scholarships or tuition grants complied with all applicable Department of Revenue rules, then the Department of Revenue shall post on its website the details of such failure to verify. Until any such noncompliant student scholarship organization submits an amended audit, which, to the satisfaction of the Department of Revenue, contains the verifications required under this Code section, the Department of Revenue shall not preapprove any contributions to the noncompliant student scholarship organization; and (6) Must annually submit notice to the Department of Education in accordance with department guidelines of its participation as a student scholarship organization under this chapter." SECTION 33C. Said chapter is further amended by revising Code Section 20-2A-3, relating to taxation reporting requirements for student scholarship organizations, as follows: "(a) Each student scholarship organization must report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following: (1) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (2) The total number and dollar value of corporate contributions and tax credits approved; (3) The total number and dollar value of scholarships awarded to eligible students; and (4) The total number of families of scholarship recipients who fall within each quartile of Georgia adjusted gross income as defined and reported annually by the Department of Revenue and the average number of dependents of recipients for each quartile; and (4)(5) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. Such report shall also include a copy of the audit conducted pursuant to paragraph (5) of Code Section 20-2A-2. The Department of Revenue shall post on its website the information received by from each student scholarship organization pursuant to paragraphs (1) through (4) of this subsection. (b) The Department of Revenue shall not require any other information from student 3586 JOURNAL OF THE SENATE scholarship organizations, except as expressly authorized in this chapter. Except for the information reported pursuant to paragraphs (1) through (4) of subsection (a) of this Code section, all All information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the student scholarship organization." SECTION 33D. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, is amended by revising Code Section 48-7-29.16, relating to qualified education tax credits, as follows: "48-7-29.16. (a) As used in this Code section, the term: (1) 'Eligible student' shall have the same meaning as in paragraph (1) of Code Section 20-2A-1. (1)(2) 'Qualified education expense' means the expenditure of funds by the taxpayer during the tax year for which a credit under this Code section is claimed and allowed to a student scholarship organization operating pursuant to Chapter 2A of Title 20 which are used for tuition and fees for a qualified school or program. (2)(3) 'Qualified school or program' shall have the same meaning as in paragraph (2) of Code Section 20-2A-1. (3)(4) 'Student scholarship organization' shall have the same meaning as in paragraph (3) of Code Section 20-2A-1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education expenses as follows: (1) In the case of a single individual or a head of household, the actual amount expended or $1,000.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, the actual amount expended or $2,500.00 per tax year, whichever is less; or (3) Anything to the contrary contained in paragraph (1) or (2) of this subsection notwithstanding, in the case of an individual who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the amount expended or $10,000.00 per tax year, whichever is less; provided, however, that tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such member of the limited liability company, shareholder of a Subchapter 'S' corporation, or partner in a partnership. (c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified education expenses in an amount not to exceed the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d)(1) The tax credit shall not be allowed if the taxpayer designates the taxpayer's qualified education expense for the direct benefit of any particular individual, whether THURSDAY, MARCH 28, 2013 3587 or not such individual is a dependent of the taxpayer. (2) In soliciting contributions, a student scholarship organization shall not represent, or direct a qualified private school to represent, that, in exchange for contributing to the student scholarship organization, a taxpayer shall receive a scholarship for the direct benefit of any particular individual, whether or not such individual is a dependent of the taxpayer. The status as a student scholarship organization shall be revoked for any such organization which violates this paragraph. (e) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (f)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $50 $65 million per tax year; provided, however, that this maximum amount shall be adjusted annually until January 1, 2018, which adjustment may be based on the most recent annual percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average All Items Index, published by the Bureau of Labor Statistics of the United States Department of Labor, as determined by the department. (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, a student scholarship organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a student scholarship organization, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of contributions that the taxpayer intends to make to the student scholarship organization. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer and shall provide written notice to the taxpayer and the student scholarship organization of such preapproval or denial which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the student scholarship organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection. The department shall establish a webbased web based donation approval process to implement this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to student scholarship organizations if the commissioner preapproved a donation for a tax credit prior to the date the student scholarship organization is removed from the Department of Education list pursuant to Code 3588 JOURNAL OF THE SENATE Section 20-2A-7, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (g) In order for the taxpayer to claim the student scholarship organization tax credit under this Code section, a letter of confirmation of donation issued by the student scholarship organization to which the contribution was made shall be attached to the taxpayer's tax return. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (h)(1) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal Revenue Code. (2) The amount of any scholarship received by an eligible student or eligible prekindergarten student shall be excluded from taxable net income for Georgia income tax purposes. (i) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this Code section." SECTION 33E. Sections 33A through 33E 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, 2013. All other sections shall become effective on July 1, 2013. Senator Tippins of the 37th moved that the Senate agree to the House amendment to the Senate substitute to HB 283 as amended by the following amendment: Amend the House amendment AM 33 1359 to the Senate substitute to HB 283 by adding line 15 and replacing with "be designated as the Public Education Innovation Fund Foundation to promote Public-Private partnerships." and on line 202 strike "$65" and replace with "58." Senator Tippins of the 37th offered the following amendment (a): Amend the Senate amendment to the House amendment to the Senate substitute to HB 283 by striking "adding" on line 1 and replace with "deleting" THURSDAY, MARCH 28, 2013 3589 There was no objection and the Tippins amendment (a) was adopted. On the motion, a roll call was taken and the vote was as follows: N Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis N Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares N Jones, B Y Jones, E N Ligon C Loudermilk Y Lucas N McKoon N Millar Y Miller Y Mullis N Murphy Y Orrock Ramsey Y Seay C Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the motion, the yeas were 40, nays 11; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 283 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd, Orrock of the 36th and Stone of the 23rd: A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 134 by inserting after the semicolon on line 2 "to provide an effective date;" By inserting between lines 11 and 12 the following: 3590 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. By renumbering Section 2 as Section 3. Senator Carter of the 1st moved that the Senate agree to the House amendment to SB 134 as amended by the following amendment: Amend SB 134 by inserting after the semicolon on line 2 the following: to amend Code Section 31-12-3.1 of the Official Code of Georgia Annotated, relating to a vaccination registry, so as to authorize the Department of Public Health to enforce the requirements of the registry; 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; By inserting after line 11 the following: SECTION 1A. Code Section 31-12-3.1 of the Official Code of Georgia Annotated, relating to a vaccination registry, is amended by adding a new subsection to read as follows: "(j) The department shall have the authority to impose sanctions, including fines or prohibitions from making entries into the registry, on any person subject to the requirements of subsection (b) of this Code section who does not submit the required information to the department and to notify the applicable licensing board for such person of violations of this Code section." SECTION 1B. 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 a vaccine protocol agreement with a physician. (2) 'Adverse event' means an event that is a negative consequence of the THURSDAY, MARCH 28, 2013 3591 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 a specially prepared antigen which upon administration to a person will result in immunity to hepatitis A; hepatitis B; herpes zoster; influenza; meningococcal disease; measles, mumps, and rubella; pneumococcal disease; or tetanus, diphtheria, and pertussis. 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 No 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. (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 3592 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 THURSDAY, MARCH 28, 2013 3593 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 to provide written information to be developed by the board to the vaccine recipient on the importance of having and periodically seeing a primary care physician; (4)(5) 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 Vaccine Information Statement, and consents to the administration of the influenza vaccine, and directs the pharmacy or nurse to notify or not to notify the vaccine recipient's primary care provider of the vaccine administered to the vaccine recipient, where applicable; and (F) Any adverse events or complications that occur; (6) If the vaccine recipient has notified the pharmacist or nurse that the vaccine recipient has a primary care provider, require the pharmacist or nurse to provide the vaccine recipient with a form that shall contain a checkbox, or another selection mechanism, which authorizes the pharmacist or nurse to notify the vaccine recipient's primary care provider of a vaccine administered by the pharmacist or nurse, or which prohibits the pharmacist or nurse from notifying the vaccine recipient's primary care provider of the vaccine administered by the pharmacist or nurse. If a vaccine recipient fails to select one of the two options, the pharmacist or nurse is not required to notify the vaccine recipient's primary care provider of the vaccine administered by the pharmacist or nurse; (5)(7) 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 Public Health. The Department of Public Health shall be authorized to enforce this paragraph pursuant to Code Section 31-12-3.1 and to notify the applicable licensing board of violations of this paragraph; (6)(8) 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; 3594 JOURNAL OF THE SENATE (7)(9) 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)(10) Provide for prioritization of influenza vaccine recipients in the event the supply of influenza a vaccine is limited; and (9)(11) 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 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. THURSDAY, MARCH 28, 2013 3595 (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 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 any of the following: (1) An influenza vaccine to any child under the age of 13 without an individual prescription from a physician, or any other types of vaccines to any child under the age of 18 without an individual prescription from a physician; or (2) Any vaccines containing a live attenuated virus to a child under the age of 13. and consent 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." 3596 JOURNAL OF THE SENATE On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour N Beach Y Bethel N Burke N Butler Y Carter, B Y Carter, J N Chance N Cowsert N Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Henson Y Hill, H N Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L Y James Y Jeffares N Jones, B N Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar N Miller Y Mullis Y Murphy Y Orrock N Ramsey Y Seay C Shafer N Sims N Staton Y Stone Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the motion, the yeas were 35, nays 18; the motion prevailed, and the Senate agreed to the House amendment to SB 134 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 216. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant services; 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 pharmacists and pharmacies, so as to revise a provision relating to the use of remote order THURSDAY, MARCH 28, 2013 3597 entry by hospital pharmacies; to provide that the medical director of an emergency service provider may contract with more than one pharmacy as a provider of drugs and consultant services; 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 subparagraph (c)(7)(B) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, as follows: "(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 24 hours; or (ii) When at 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; or (iii) At least one licensed pharmacist is physically present in a hospital within this state which remotely serves only on weekends not more than four other hospitals under the same ownership or management which have an average daily census of less than 12 acute patients." SECTION 2. Said chapter is further amended by revising Code Section 26-4-116, relating to emergency service providers, contracts with issuing pharmacy, record keeping, and inspections, as follows: "26-4-116. (a) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16 shall only be issued to the medical director of an emergency service provider from a pharmacy pharmacies licensed in this state only in accordance with the provisions of this Code section. (b) The medical director of an emergency service provider and the an issuing pharmacy must have a signed contract or agreement designating the issuing such pharmacy as the a provider of drugs and consultant services and a copy must be filed with the state board and the Department of Public Health prior to any drugs being issued. The medical director of an emergency service provider may only have one contractual relationship with one pharmacy per county serviced by such emergency service provider. (c) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an 3598 JOURNAL OF THE SENATE emergency service provider and the pharmacist in charge of the an issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition. (d) A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Georgia Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs. (e) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use. (f) A pharmacist from the a contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate policies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of not less than two years. Such an inspection shall, at a minimum, verify that: (1) Drugs are properly stored, especially those requiring special storage conditions; (2) Drugs are properly accounted for by personnel of such emergency service provider; (3) Proper security measures to prohibit unauthorized access to the drugs are implemented; and (4) All policies and procedures are followed and enforced. (g) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Carter of the 1st moved that the Senate agree to the House substitute to SB 216. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims THURSDAY, MARCH 28, 2013 3599 Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Staton Y Stone Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y 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 216. The following bill was taken up to consider House action thereto: HB 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th: A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Harper of the 7th asked unanimous consent that the Senate insist on its amendment to HB 104. The consent was granted, and the Senate insisted on its amendment to HB 104. At 6:26 p.m. the President announced that the Senate would stand at ease until 7:15 p.m. At 7:15 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: 3600 JOURNAL OF THE SENATE HB 338. By Representatives Wilkinson of the 52nd, Stephens of the 164th, Abrams of the 89th, Parrish of the 158th, Carter of the 175th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to clarify the role of arts in economic development and other vital functions to the state; to provide for membership changes; to provide for meetings; to provide for responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 517. By Representatives Williams of the 119th, Quick of the 117th, Frye of the 118th, Tankersley of the 160th, Williamson of the 115th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to provide for local control of distance requirements for grocery stores and other licensees for the retail sale of wine and malt beverages for consumption off the premises only such that grocery stores and other licensees shall be allowed to open in locations near college campuses such as downtown areas, if so permitted by the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 28, 2013 3601 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 457 HB 484 HB 661 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Ligon, Jr. of the 3rd District, Chairman Senator Ramsey, Sr. of the 43rd moved to suspend the Senate Rules to first read SB 277 and SB 278 and assign them to committee. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 277. By Senators Ramsey, Sr. of the 43rd, Davenport of the 44th and Jones of the 10th: A BILL to be entitled an Act to incorporate the City of DeKalb in DeKalb County; to provide for a charter for the City of DeKalb; 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 DeKalb; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 278. By Senators Ramsey, Sr. of the 43rd, Davenport of the 44th and Carter of the 42nd: A BILL to be entitled an Act to incorporate the City of Stonecrest in DeKalb County; to provide for a charter for the City of Stonecrest; 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 3602 JOURNAL OF THE SENATE functions and responsibilities from DeKalb County to the City of Stonecrest; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 160. By Representatives Jacobs of the 80th, Welch of the 110th, Oliver of the 82nd, Lindsey of the 54th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to revise provisions relating to vacant and foreclosed real property registries; to prohibit a fee for a future conveyance 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. THURSDAY, MARCH 28, 2013 3603 Mr. President: The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th: A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Roberts of the 155th, Rice of the 95th, and Carson of the 46th. The House has agreed to the Senate substitute to the following Bill of the House: HB 156. By Representatives Neal of the 2nd, Atwood of the 179th, Nix of the 69th, Hitchens of the 161st and Hightower of the 68th: A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, relating to computer or electronic pornography and child exploitation prevention, so as to clarify certain acts amounting to unlawfully seducing, soliciting, luring, or enticing a child through use of a computer online service, Internet service, or similar service, to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House adheres to its position in insisting on its 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 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of 3604 JOURNAL OF THE SENATE economic development to designate areas as opportunity zones; 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 Peake of the 141st, Channell of the 120th, and Coomer of the 14th. Mr. President: The House has agreed to the Senate amendment to the House substitute to the following Resolution of the Senate: SR 293. By Senator Gooch of the 51st: A RESOLUTION honoring the life of Mr. Ralph A. Pierce and dedicating a road in his memory; and for other purposes. The House has agreed to the Senate amendment to the following Resolution of the House: HR 73. By Representatives Hugley of the 136th, Buckner of the 137th and Smyre of the 135th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. Senator Bethel of the 54th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 28, 2013 3605 The House amendment was as follows: Amend the Senate substitute to HB 463 (LC 34 3889S) by deleting "To" at the beginning of line 1 and inserting in lieu thereof the following: To amend Chapter 2 of Title 40 and Code Section 48-5-442.1 of the Official Code of Georgia Annotated, relating, respectively, to registration and licensing of motor vehicles and valuation of commercial vehicles for ad valorem tax purposes, so as to revise and change taxation regarding certain apportionable vehicles registered under the International Registration Plan; to change certain provisions relating to reciprocal agreements and registration of commercial vehicles on an apportionment basis; to change certain provisions relating to disposition of certain motor vehicle registration and license fees by the state revenue commissioner; to change certain provisions relating to motor vehicle license fees and classes; to provide for alternative ad valorem taxes; to provide for distribution of alternative ad valorem taxes; to provide for procedures, conditions, and limitations; to change certain provisions relating to determination of valuation of commercial vehicles for ad valorem tax purposes; to By inserting between lines 5 and 6 the following: 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 Code Section 40-2-88, relating to reciprocal agreements and registration of commercial vehicles on an apportionment basis, by revising paragraph (1) of subsection (d) as follows: "(1) Registration under the International Registration Plan shall not relieve a registrant from any other taxes due, except as otherwise provided in subsection (h) of Code Section 40-2-152, and registration shall be denied any such vehicle if any Georgia ad valorem property taxes due upon such vehicle are unpaid;" SECTION 2. Said chapter is further amended by revising Code Section 40-2-152, relating to fees for apportionable vehicles, as follows: "40-2-152. (a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) Less than 30,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45.00 (2) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 (3) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115.00 (4) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00 3606 JOURNAL OF THE SENATE (5) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 (6) 63,281 lbs. to maximum permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400.00 (b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) Less than 30,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85.00 (2) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130.00 (3) 36,001 to 44,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215.00 (4) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365.00 (5) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575.00 (6) 63,281 lbs. to maximum permitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 725.00 (c) For each apportionable motor bus or van-type vehicle, the fee is shall be $3.75 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee amount shall exceed $875.00. (d) Trucks transporting logs, pulpwood, or other forest products shall be issued restricted license plates, and the fees shall be as enumerated in Code Section 40-2-151. (e) Each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities or in the transportation of the owner and his or her immediate family shall be issued a restricted license plate for the sum of $5.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any private person, shall be issued a restricted license plate for the sum of $5.00 in the same manner as school buses when the bus complies with the laws applicable to school buses. (f) A truck or a truck-tractor hauling fertilizer, milk, or crops as defined in paragraph (7.1) of Code Section 1-3-3 shall be issued a restricted license plate with the fee computed in accordance with Code Section 40-2-151. (g) A farm vehicle shall be issued a restricted license plate with the fee computed in accordance with Code Section 40-2-151. (h) Only for apportionable vehicles registered under subsection (a), (b), or (c) of this Code section: (1) Each such apportionable vehicle shall be subject to an annual alternative ad valorem tax on such apportionable vehicle as authorized under Article VII, Section I, Paragraph(b)(3) of the Constitution. Such alternative ad valorem tax shall be in the amount specified in subsection (k) of this Code section and shall be collected by the commissioner at the same time as the registration fee required under subsection (a), THURSDAY, MARCH 28, 2013 3607 (b), or (c) of this Code section; (2) Notwithstanding the provisions of Code Section 48-5-442.1, no ad valorem tax shall be assessed against such apportionable vehicle other than the alternative ad valorem tax under this Code section except that such apportionable vehicle shall not be relieved for any such ad valorem tax which accrued and was due and payable prior to registration under the International Registration Plan; and (3) The full amount of such alternative ad valorem tax proceeds shall not constitute fees for purposes of Code Section 40-2-131. Such proceeds shall be retained by the commissioner in a separate, segregated account for the purpose of allocation and distribution under subsection (m) of this Code section. (i) For all trailers and semitrailers owned by fleets whose tractors are registered under the International Registration Plan, the apportioned value for ad valorem taxes shall be determined as provided in Code Section 48-5-442.1. (j) For all trailers and semitrailers owned by fleets whose tractors are registered under the International Registration Plan, payment of ad valorem taxes shall be accepted by the department upon request of the taxpayer regardless of the county in which such trailer is domiciled. (k) Each apportionable vehicle identified under subsection (a), (b), or (c) of this Code section shall be subject to an alternative ad valorem tax which shall be determined by the value and rate assigned to each weight class. Each weight class shall be a separate subclass of motor vehicle, and the value of each vehicle shall remain the value for each tax year as follows: (1) Less than 30,001 lbs. shall be valued at $15,000.00 and taxed at $50.00 per year; (2) 30,001 to 36,000 lbs. shall be valued at $25,000.00 and taxed at $75.00 per year; (3) 36,001 to 44,000 lbs. shall be valued at $40,000.00 and taxed at $125.00 per year; (4) 44,001 to 54,999 lbs. shall be valued at $55,000.00 and taxed at $175.00 per year; (5) 55,000 to 63,280 lbs. shall be valued at $75,000.00 and taxed at $225.00 per year; and (6) 63,281 lbs. to maximum permitted shall be valued at $95,000.00 and taxed at $275.00 per year. (l) The commissioner shall add the alternative ad valorem tax in subsection (k) of this Code section to the vehicle registration fees in subsection (a), (b), or (c) of this Code section, prior to apportionment of those fees. The alternative ad valorem tax shall be apportioned on the same basis and in the same manner as the apportionable registration fees and collected at the same time. (m)(1) The alternative ad valorem tax imposed by this Code section shall be collected by the commissioner and shall be distributed annually from the separate, segregated fund not later than April 1 of the calendar year immediately following the calendar year in which such taxes were paid to the commissioner, in the manner provided for in this subsection. (2) Each year, the distributions of alternative ad valorem tax proceeds under this subsection shall be based upon the immediately preceding year's tax digest of each participating tax authority submitted to and approved by the commissioner. If such 3608 JOURNAL OF THE SENATE digest has not been submitted and approved, the commissioner shall, for purposes of this subsection, utilize in its place the most recently submitted and approved tax digest of such participating tax jurisdiction. (3)(A) One percent of the alternative ad valorem tax collected by the commissioner shall be paid into the general fund of the state treasury in order to defray costs of administration. (B) Except for the amount provided in subparagraph (A) of this paragraph, the remaining proceeds of the alternative ad valorem tax shall be divided among each tax jurisdiction of this state. Such tax jurisdictions shall be limited to only a county, municipality, county school district, and independent school district which levies or causes to be levied for their benefit a property tax on real and tangible personal property. (C) The distribution shall be made according to the proportion that the amount of ad valorem taxes to be collected by a tax jurisdiction under the tax digest specified under paragraph (2) of this subsection bears to the total amount of ad valorem taxes to be collected for all purposes applicable to real and tangible personal property in this state for the immediately preceding calendar year." SECTION 3. Code Section 48-5-442.1 of the Official Code of Georgia Annotated, relating to valuation of commercial vehicles for ad valorem tax purposes, is amended by revising subsection (b) as follows: "(b) The valuation of a commercial vehicle trailer or semitrailer for ad valorem tax purposes shall be determined as follows: (1) The gross capital cost of a commercial vehicle trailer or semitrailer shall be multiplied by a percentage factor representing the remainder of such vehicle's value after depreciation according to a depreciation schedule which the commissioner shall annually prepare and distribute to each of the tax collectors and tax commissioners. Except as provided in paragraph (2) of this subsection, the resulting value of such commercial vehicle trailer or semitrailer shall be assessed at the rate of 40 percent of such value for ad valorem tax purposes in this state. (2) For a trailer, a or semitrailer, or a commercial vehicle which is registered in Georgia under the International Registration Plan pursuant to Code Section 40-2-88, the assessment calculated under paragraph (1) of this subsection shall be multiplied by the Georgia fleet mileage ratio. The resulting apportioned value shall be the Georgia assessed value of the commercial vehicle trailer or semitrailer for ad valorem tax purposes in this state." By redesignating Sections 1, 2, and 3 as Sections 4, 5, and 6, respectively. By deleting lines 42 through 44 and inserting in lieu thereof the following: (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 4 of this Act shall be immediately THURSDAY, MARCH 28, 2013 3609 applied to relevant fair market value determinations. (b) Sections 1, 2, and 3 of this Act shall be applicable to all registration, annual, or license fees of apportionable vehicles and ad valorem and alternative ad valorem taxes of apportionable vehicles on or after January 1, 2014. Senator Hill of the 6th moved that the Senate agree to the House amendment to the Senate substitute to HB 463 as amended by the following amendment: Amend the House amendment (AM 34 0621) to the Senate substitute to HB 463 (LC 34 3889S) by deleting lines 134 through 152 and inserting in lieu thereof the following: SECTION 3. Code Section 48-5-442.1 of the Official Code of Georgia Annotated, relating to valuation of commercial vehicles for ad valorem tax purposes, is amended by revising subsection (b) as follows: "(b) The valuation of a commercial vehicle, trailer, or semitrailer for ad valorem tax purposes shall be determined as follows: (1) The gross capital cost of a commercial vehicle, trailer, or semitrailer shall be multiplied by a percentage factor representing the remainder of such vehicle's value after depreciation according to a depreciation schedule which the commissioner shall annually prepare and distribute to each of the tax collectors and tax commissioners. Except as provided in paragraph (2) of this subsection, the resulting value of such commercial vehicle, trailer, or semitrailer shall be assessed at the rate of 40 percent of such value for ad valorem tax purposes in this state.; or (2) For a trailer, a semitrailer, or a commercial vehicle which is not registered in Georgia under the International Registration Plan pursuant to Code Section 40-2-88, the assessment calculated under paragraph (1) of this subsection shall be multiplied by the Georgia fleet mileage ratio. The resulting apportioned value shall be the Georgia assessed value of the commercial vehicle, trailer, or semitrailer for ad valorem tax purposes in this state." Senator Williams of the 19th moved the previous question. There was no objection. On the motion to agree, a roll call was taken and the vote was as follows: N Albers N Balfour Y Beach E Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson N Hufstetler Y Jackson, B Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton 3610 JOURNAL OF THE SENATE N Cowsert N Crane N Crosby Y Davenport Y Davis N Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E N Ligon N Loudermilk Y Lucas Y McKoon Millar N Stone N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the motion, the yeas were 40, nays 14; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 463 as amended by the Senate. Senator Stone of the 23rd asked unanimous consent that HB 182, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 182, having been taken from the Table, was put upon its passage. HB 182. By Representatives Weldon of the 3rd, Atwood of the 179th, Welch of the 110th, Allison of the 8th, Dutton of the 157th 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 provide for the appointment of a judge pro tempore; 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 182: 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 provide for conforming amendments if HB 242 is enacted during the 2013-2014 biennium of the General Assembly; to provide for related matters; to provide effective dates; to provide for conditional automatic repeal; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 28, 2013 3611 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. 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 1-2. Said part is further amended by revising Code Section 15-11-23, relating to appointment of judge pro tempore, authority, and emolument, as follows: "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 3612 JOURNAL OF THE SENATE 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." PART II SECTION 2-1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by repealing subsection (a) of Code Section 15-11-62, relating to appointment of judge pro tempore, as enacted by HB 242, substantially revising, superseding, and modernizing provisions relating to juvenile proceedings during the 2013-2014 biennium of the General Assembly, and enacting a new subsection (a) to read as follows: "(a) 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 member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, 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." PART III SECTION 3-1. (a) This Act shall become effective on July 1, 2013, except as otherwise provided by subsection (b) of this section. (b)(1) Part II of this Act shall become effective only if HB 242, substantially revising, superseding, and modernizing provisions relating to juvenile proceedings, is enacted during the 2013-2014 biennium of the General Assembly and becomes law on or before January 1, 2014, in which case Part II shall become effective on the same date that said HB 242 becomes effective. (2) Part I of this Act shall stand repealed if and when Part II of this Act becomes effective as provided by paragraph (1) of this subsection. (3) If said HB 242 does not become law on or before January 1, 2014, as provided by paragraph (1) of this subsection, then Part II of this Act shall stand repealed on January 1, 2014. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 28, 2013 3613 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 182, having received the requisite constitutional majority, was passed by substitute. Senator Harper of the 7th asked unanimous consent that HB 323, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 323, having been taken from the Table, was put upon its passage. The Senate Public Safety Committee offered the following substitute to HB 323: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, so as to modify the age for operation of 3614 JOURNAL OF THE SENATE certain commercial motor vehicle operators; to require commercial motor vehicle operators to utilize safety belts; to change the names of sections within the Motor Carrier Compliance Division of the Department of Public Safety; to authorize the commissioner of public safety to immediately suspend a motor carrier or limousine carrier certificate in emergency situations; to authorize the department to retain and set certain fees imposed against motor carriers and limousine carriers; to authorize the department to seize vehicles for the nonpayment of assessed fines and penalties; to provide a definition for corporate sponsored vanpool; to modify provisions relating to the suspension of motor carrier permits and certificates; to modify provisions relating to motor carriers of passengers; to amend Code Section 40-1-167, relating to required information on license plates of limousines, so as to modify provisions relating to requirements on limousine license plates; to amend Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, so as to authorize the Department of Public Safety to assess an undetermined application fee for towing companies; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, is amended by revising Code Section 40-1-8, relating to definitions, safe operations of motor carriers and commercial motor vehicles, civil and criminal penalties, and operation of out-of-service vehicles, as follows: "40-1-8. (a) As used in this Code section, the term: (1) 'Commissioner' means the commissioner of public safety. (2) 'Department' means the Department of Public Safety. (b) The commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor carriers, the safe operation of commercial motor vehicles and drivers, and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner shall include, but are not limited to, the following: (1) Every commercial motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner shall from time to time promulgate; (2) Every driver employed to operate a motor vehicle for a motor carrier shall: (A) Be be at least 18 years of age to operate a motor vehicle for a motor carrier intrastate and at least 21 years of age to operate a motor vehicle for a motor carrier interstate;, (B) Meet meet the qualification requirements the commissioner shall from time to time promulgate,; THURSDAY, MARCH 28, 2013 3615 (C) Be be of temperate habits and good moral character,; (D) Possess possess a valid driver's license,; (E) Not not use or possess prohibited drugs or alcohol while on duty,; and (F) Be be fully competent and sufficiently rested to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of commercial motor vehicles shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; (4) The commissioner shall require each commercial motor vehicle to have attached such distinctive markings as shall be adopted by the commissioner. Such identification requirements shall comply with the applicable provisions of the Federal federal Unified Carrier Registration Act of 2005; and (5) The commissioner shall provide distinctive rules for the transportation of unmanufactured forest products in intrastate commerce to be designated the 'Georgia Forest Products Trucking Rules.' (c)(1) Regulations governing the safe operations of motor carriers, commercial motor vehicles and drivers, and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, by referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' provided that such federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's Internet site. The commissioner may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (2) Rules, regulations, or orders previously adopted, issued, or promulgated pursuant to the provisions of Chapter 7 or 11 of Title 46 in effect on June 30, 2011, shall remain in full force and effect until such time as the commissioner of public safety adopts, issues, or promulgates new rules, regulations, or orders pursuant to the provisions of this Code section. (d)(1) The commissioner may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005. (2) A cause of action for the collection of a penalty imposed pursuant to this subsection may be brought in the superior court of the county where the principal place of business of the penalized company is located or in the superior court of the county where the action giving rise to the penalty occurred. 3616 JOURNAL OF THE SENATE (e) The commissioner is authorized to adopt such rules and orders as he or she may deem necessary in the enforcement of this Code section. Such rules and orders shall have the same dignity and standing as if such rules and orders were specifically provided in this Code section. The commissioner is authorized to establish such exceptions or exemptions from the requirements of this Code section, as he or she shall deem appropriate, consistent with any federal program requirements, and consistent with the protection of the public health, safety, and welfare. (f)(1) The commissioner may designate members of the department, pursuant to Article 5 of Chapter 2 of Title 35, to perform regulatory compliance inspections. Members of county, municipal, campus, and other state agencies may be designated by the commissioner to perform regulatory compliance inspections only of vehicles, drivers, and cargo in operation, and may only enforce the provisions of rules and regulations promulgated under this Code section or Article 2 of this chapter subject to the provisions of a valid agreement between the commissioner and the county, municipal, campus, or other state agency. (2) Unless designated and authorized by the commissioner, no members of county, municipal, campus, and other state agencies may perform regulatory compliance inspections. (g) No person shall drive or operate, or cause the operation of, a vehicle in violation of an out-of-service order. As used in this subsection, the term 'out-of-service order' means a temporary prohibition against operating as a motor carrier or driving or moving a vehicle, freight container or any cargo thereon, or any package containing a hazardous material. (h) Unless otherwise provided by law, a motor carrier or operator of a commercial motor vehicle shall comply with the: (1) Motor carrier safety standards found in 49 C.F.R. Part 391; (2) Seatbelt usage requirements found in 49 C.F.R. Section 392.16; and (3) Hours of service and record of duty status requirements of 49 C.F.R. Part 395. (i) A person failing to comply with the requirements of paragraph (2) of subsection (h) of this Code section shall be guilty of the misdemeanor offense of failure to wear a seat safety belt while operating a commercial motor vehicle and, upon conviction thereof, shall be fined not more than $50.00 but shall not be subject to imprisonment. The costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. No points shall be added pursuant to Code Section 40-5-57 and no additional fines or penalties shall be imposed. (h)(j) Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this Code section or any order, rule, or regulation adopted pursuant to this Code section, or who procures, aids, or abets a violation of this Code section or such rule or regulation, shall be guilty of a misdemeanor. Misdemeanor violations of this Code section may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title." THURSDAY, MARCH 28, 2013 3617 SECTION 2. Said chapter is further amended in Code Section 40-1-52, relating to the establishment of the Motor Carrier Compliance Division, as follows: "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 which shall include a section designated the Regulatory Compliance Section. 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 Division shall be known and designated as law enforcement officers. The Motor Carrier Regulation Regulatory 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." SECTION 3. Said chapter is further amended in Code Section 40-1-53, relating to methods of enforcement for the Georgia Motor Carrier Act of 2012, as follows: "40-1-53. (a) As used in this article, the term 'department' means the Department of Public Safety. (b) The department is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief." SECTION 4. Said chapter is further amended by repealing in its entirety Code Section 40-1-56, relating to penalties for failure to register, administrative procedures, and judicial review, and enacting a new Code Section 40-1-56 to read as follows: "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) Following a reasonable attempt to notify a holder of a certificate, the commissioner is authorized to immediately suspend a motor carrier or limousine carrier certificate or permit if the commissioner finds that such suspension is necessary to protect against an immediate threat to the life, health, or safety of others. An emergency suspension made pursuant to this subsection may be appealed by filing a request for administrative 3618 JOURNAL OF THE SENATE review with the department within 30 days of receipt of notice of the department's decision. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) Notice of a violation and the assessed amount shall be made by means of personal service upon the violator. The notice shall include a warning that a vehicle related to the violation may be subject to suspension of the registration pursuant to Code Section 40-1-56.1. The respondent shall then have 60 days in which to pay the assessed penalty or file with the department a written request for an administrative review. The request for an administrative review shall specify whether the respondent is challenging the validity of the imposition of the penalty or the amount of the assessment, or both. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d)(1) 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) Reissuance fees charged by the Department of Revenue shall be retained by the Department of Revenue. (3) Restoration fees charged by the department shall be retained by the department. (e)(1) Any party who has exhausted all administrative remedies available before the department and who is aggrieved by a final decision of the department made pursuant to this Code section may seek judicial review of the final order of the department in the Superior Court of Fulton County or in the superior court of the county in which the principal place of business of the aggrieved party is located. (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 upon which the petitioner contends 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 have transmitted 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) 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 THURSDAY, MARCH 28, 2013 3619 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; (B) In excess of the statutory authority of the 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. (6) A party aggrieved by an order of the court may appeal to the Supreme Court or to the Court of Appeals in accordance with Article 2 of Chapter 6 of Title 5, the 'Appellate Practice Act.'" SECTION 5. Said chapter is further amended by adding a new Code section to read as follows: "40-1-56.1. (a) Whenever any motor carrier or limousine carrier owes penalties to the department which were imposed for violations pursuant to Code Section 40-1-56 and the violation relates to an identifiable vehicle, then the motor carrier or limousine carrier shall have 60 days from the date of the assessed penalty or final judicial review following an appeal of the assessment. If the assessment is not paid within the 60 days, such assessment shall become a lien upon the identified motor vehicle found to be in violation, and the lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the department was created. (b) The department shall perfect the lien created under this Code section by sending notice thereof on a notice designated by the department, by first-class mail or by statutory overnight delivery, return receipt requested, to the owner and all holders of liens and security interests shown on the records of the Department of Revenue maintained pursuant to Chapter 3 of this title. Upon receipt of notice from the Department of Public Safety, the holder of the certificate of title shall surrender the same to the state revenue commissioner for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 60 days of the receipt of notice. The Department of Revenue may append the lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender such certificate as required by this subsection. (c) Upon issuance of a title bearing the lien of the department, or the appending of the lien to the records of the Department of Revenue, the owner of the vehicle or the holder of any security interest or lien shown in the records of the Department of Revenue may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of an additional reisuance fee of $100.00 which shall be paid to the Department of Revenue. Upon receipt of such amount, the department shall release its lien and the Department of Revenue shall issue a new title without the lien. 3620 JOURNAL OF THE SENATE (d)(1) The department, in seeking to foreclose its lien on the motor vehicle arising out of an assessed violation pursuant to Code Section 40-1-56, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the department, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ of possession. (2) The department shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a writ for immediate possession upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly. (4) When an immediate writ of possession has been granted, the department shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269. (e)(1) Whenever any motor carrier or limousine carrier fails within 60 days of the date of issuance of a penalty involving an identifiable vehicle assessed pursuant to Code Section 40-1-56 either to pay the assessment or appeal to the department for an administrative review, the Department of Revenue may act to suspend the motor vehicle registration of the vehicle involved. However, if the motor carrier or limousine carrier requests an administrative review, the Department of Revenue shall act to suspend the registration only after the issuance of a final decision favorable to the department and the requisite failure of the motor carrier or limousine carrier to pay the assessment. Upon such failure to pay the assessment, the Department of Revenue shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in violation which was the basis for the penalty. Upon complying with this subsection by paying the overdue assessment, submitting proof of compliance, and paying a $10.00 restoration fee to the Department of Revenue, the state revenue commissioner shall reinstate any motor vehicle registration suspended under this subsection. In cases where the motor vehicle registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Revenue shall suspend the motor vehicle registration for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays a $150.00 restoration fee to the Department of Revenue. (2) Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing THURSDAY, MARCH 28, 2013 3621 of the notice required in paragraph (1) of this subsection. (3) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a motor carrier or limousine carrier at the name and address shown in records of the Department of Revenue maintained under Chapter 3 of this title shall, with respect to the holders of liens and security interests, be presumptive evidence that such motor carrier or limousine carrier received the required notice. (4) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to owners and operators of vehicles involved in a penalty assessed pursuant to 40-1-56 shall be presumptive evidence that such motor carrier or limousine carrier received the required notice. (5) The state revenue commissioner may suspend the motor vehicle registration of any offending vehicle for which payment of an assessment is made by a check that is returned for any reason." SECTION 6. Said chapter is further amended by revising Code Section 40-1-100, relating to definitions relative to certification of motor carriers, as follows: "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 commissioner of public safety. (4) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5) 'Corporate sponsored vanpool' means a rideshare program sponsored by an employer in which the employer pays all or some of the costs associated with the transportation of its employees to a single work reporting location and all the vehicles used in the program have a manufacturer's gross vehicle weight rating of not more than 10,000 pounds and are designed to carry not more than 15 passengers including the driver. (6) 'Department' means the Department of Public Safety. (5)(7) '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. 3622 JOURNAL OF THE SENATE (6)(8) 'For compensation' or 'for hire' means an activity wherein for payment or other compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and includes every person acting in concert with, under the control of, or under common control with a motor carrier who shall offer to furnish transportation for compensation or for hire, provided that no exempt rideshare shall be deemed to involve any element of transportation for compensation or for hire an activity relating to a person engaged in the transportation of goods or passengers for compensation. (7)(9) '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)(10) 'GRTA' means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71. (9)(11) '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)(12) '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, household goods, or property, 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 40-1-8; (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; THURSDAY, MARCH 28, 2013 3623 (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 vanpool 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 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 (v) of this subparagraph; or (viii) Ambulances. (11)(13) '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. (14) 'Permit' means a written or electronic authorization issued by the department to motor carriers of passengers and nonconsensual towing companies for the purpose of providing services in accordance with the rules and guidelines of the department. (12)(15) '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)(16) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (14)(17) '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." 3624 JOURNAL OF THE SENATE SECTION 7. Said chapter is further amended in subsection (a) of Code Section 40-1-102, relating to certificates as prerequisite to the operation of motor carriers and minimum insurance requirements, as follows: "(a) No motor carrier of passengers or household goods or property shall, except as otherwise provided in this part, operate without first obtaining from the commissioner a certificate or permit." SECTION 8. Said chapter is further amended in Code Section 40-1-104 relating to the revocation, alteration, or amendment of a motor carrier certificate, suspension of a certificate, and out-of-service orders, as follows: "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 or permit, 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. (b) The commissioner may, at any time, after reasonable attempt at notice, immediately suspend any motor carrier certificate or permit, if the commissioner finds such suspension necessary: (1) To to protect life, health, or safety, or; (2) to protect the public and For the protection of consumers; or (3) Based upon a finding that the carrier no longer meets the qualification or fitness requirements of Code Section 40-1-103 or 40-1-106. Certificate holders affected by such suspension may appeal to the commissioner for review pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedures Procedure 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 or permit holder, pursuant to the provisions of this article or the department's rules." SECTION 9. Said chapter is further amended in Code Section 40-1-106, relating to fitness of applicant and protesting certificate, as follows: "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 or property 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 THURSDAY, MARCH 28, 2013 3625 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 or property to an application will shall 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." SECTION 10. Said chapter is further amended in Code Section 40-1-110, relating to hearing and notice of pending application, as follows: "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 give notice of the pending application by posting the same on the department's official website for ten days. If a protest is filed with the department, the commissioner shall fix a time and place for a hearing. If no protest is filed with the department or if the protest is subsequently withdrawn, the commissioner may issue the motor carrier certificate without a hearing." SECTION 11. Said chapter is further amended in Code Section 40-1-117, relating to registered agents, service, and vehicles excluded from motor common or contract carriers, as follows: "40-1-117. (a) Each nonresident motor carrier shall, before any certificate or permit is issued to it 3626 JOURNAL OF THE SENATE 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, return receipt requested, 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 be issued 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 any other venue provided by law. (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." SECTION 12. Said chapter is further amended in Code Section 40-1-117, relating to registered agents, service, and vehicles excluded from motor common or contract carriers, as follows: "40-1-117. (a) Each nonresident motor carrier shall, before any certificate or 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 THURSDAY, MARCH 28, 2013 3627 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, return receipt requested, 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 be issued 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 any other venue provided by law. (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. (d)(1) As used in this subsection, the term 'covered farm vehicle' means a motor vehicle with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,000 pounds or less; or a motor vehicle with a gross vehicle weight rating or gross vehicle weight that is greater than 26,000 pounds and which is traveling within the registered state or within 150 miles of the farm or ranch for which it is used. To qualify as a covered farm vehicle either type of motor vehicle listed in this paragraph must also be: (A) Registered in this or another state; (B) Operated by a farmer, rancher, or tenant under a crop share farm lease agreement or a family member or employee of a farmer, rancher, or crop share tenant; (C) Used primarily for the transportation of farm supplies, crops, livestock, or farm machinery; and (D) Not used in a for hire motor carrier operation; provided, however, that this 3628 JOURNAL OF THE SENATE requirement shall not apply to a motor vehicle operated under a tenant crop share agreement used primarily for transporting crops of the landlord. (2) A covered farm vehicle is not a motor carrier; provided, however, that any motor vehicle required by federal law to be designated as either a covered farm vehicle or a motor carrier shall be so designated as required by federal law. (3) A covered farm vehicle must be equipped with either a license plate or possess such other special designation issued by the state where such vehicle is registered and the license plate or special designation must indicate that such vehicle is a covered farm vehicle." SECTION 13. Said chapter is further amended in Code Section 40-1-119, relating to charges by motor carriers and unjust discrimination by carriers prohibited, as follows: "40-1-119. No motor carrier of household goods or property passengers shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of property household goods or passengers 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 passengers may issue passes or free transportation; may prescribe reduced rates for special occasions; and may fix and prescribe rates and schedules." SECTION 14. Said chapter is further amended in paragraph (8) of Code Section 40-1-151, relating to definitions for Georgia limousine carrier provisions, as follows: "(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 commissioner." SECTION 15. Said chapter is further amended in Code Section 40-1-161, relating to revocation, alteration, or amendment of limousine certificates, as follows: "40-1-161. 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 THURSDAY, MARCH 28, 2013 3629 service. An administrative hearing shall be conducted in accordance with the procedures for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and the provisions of Code Section 40-1-56." SECTION 16. Said chapter is further amended in Code Section 40-1-163, relating to rates and charges for limousine carriers, as follows: "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 40-1-151 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 40-1-151 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier shall be void." SECTION 17. Said chapter is further amended in Code Section 40-1-167, relating to required information on license plates of limousines, as follows: "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 limousine carrier name,; (2) City city and state of principal domicile,; (3) Company company telephone number,; and (4) Motor carrier identification number if the limousine carrier is a commercial motor carrier or motor carrier authorization number issued by the department if the limousine carrier is a lightweight commercial vehicle 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 such vehicle being placed in service." SECTION 18. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by revising Code Section 40-6-248.1, relating to securing loads on vehicles, as follows: "40-6-248.1. (a) As used in this Code section, the term 'litter' has the meaning provided by paragraph (1) of Code Section 16-7-42. 3630 JOURNAL OF THE SENATE (a.1) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to: (1) Create a safety hazard; or (2) Deposit litter on public or private property while such vehicle is on a public road. However, this Code section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent said such covering or load from: (1) Becoming loose, detached, or in any manner becoming a hazard to other users of the public road; or (2) Depositing litter on public or private property while such vehicle is on a public road. (c) No motor carrier shall allow a commercial motor vehicle to be driven and no person shall operate a commercial motor vehicle with a load that is not secure. Loads shall be secured as required by state and federal law, rule, and regulation. As used in this subsection, the term 'load' shall include loads consisting of liquids and gases as well as solid materials. (c)(d) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Department of Public Safety, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles. (d)(e) The provisions of paragraph (2) of subsection (a) and paragraph (2) of subsection (b) of this Code section and regulations based thereon shall not apply to organic debris that escapes during the transportation of silage from field or farm to storage and storage to feedlot or during the transportation of agricultural or farm products or silvicultural products from farm or forest to a processing plant or point of sale or use." SECTION 19. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising paragraph (2) of subsection (d) of Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, as follows: "(2) Towing and storage firms operating within a municipality's corporate limits shall obtain a nonconsensual towing permit from the department and shall file its registered agent's name and address with the department. The department may assess and collect an application fee in an amount to be determined by the commissioner." SECTION 20. This Act shall become effective on July 1, 2013, and shall apply to violations committed on or after such date; provided, however, that Section 12 of this Act shall not be effective until January 1, 2014. THURSDAY, MARCH 28, 2013 3631 SECTION 21. All laws and parts of laws in conflict with this Act are repealed. Senators Harper of the 7th, Mullis of the 53rd, Bethel of the 54th, Hill of the 4th, Chance of the 16th and others offered the following amendment #1: Amend the Senate Public Safety Committee substitute to HB 323 (LC 35 3010S) by replacing line 688 with the following: an application fee in an amount to be determined by the commissioner. Pursuant to Code Section 45-12-92.1, the fees collected shall be retained by the department and expended solely for the purpose of implementing this Code section." Senator Harper of the 7th, Mullis of the 53rd, Bethel of the 54th, Hill of the 4th, Chance of the 16th and others offered the following amendment #1a: Amend amendment #1 AM 35 0349 to HB 323 (LC 35 3010S) by inserting on line 3 after "commissioner": "and such amount shall not exceed the total direct and indirect costs of administering the program or activity with which the fee is associated." On the adoption of amendment #1a, there were no objections, and the Harper, et al. amendment #1a to the Harper, et al. amendment #1 to the committee substitute was adopted. On the adoption of amendment #1, there were no objections, and the Harper, et al. amendment #1 to the committee substitute was adopted as amended. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton 3632 JOURNAL OF THE SENATE Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar Y Stone 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 1. HB 323, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bills of the House: HB 106. By Representatives Ralston of the 7th, Jones of the 47th, O`Neal of the 146th and England of the 116th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2013, and ending June 30, 2014. HB 487. By Representatives Ramsey of the 72nd, Hatchett of the 150th, Coomer of the 14th and Nimmer of the 178th: A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to correct a cross reference; to clarify the application of certain provisions to the Georgia Lottery; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has disagreed to the Senate amendment to the House amendment to the following Bill of the Senate: THURSDAY, MARCH 28, 2013 3633 SB 134. By Senators Carter of the 1st, Millar of the 40th, Hufstetler of the 52nd, Orrock of the 36th and Stone of the 23rd: A BILL to be entitled an Act to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances, so as to revise the definition of "prescriber"; to repeal conflicting laws; and for other purposes. Senator Carter of the 1st asked unanimous consent that HB 366, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 366, having been taken from the Table, was put upon its passage. HB 366. By Representatives Hitchens of the 161st, Powell of the 32nd, Tanner of the 9th, Fleming of the 121st, Atwood of the 179th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to clarify the application of provisions relating to disciplining certified officers and the requirements for certification of peace officers; to modify requirements for appointment or certification of persons as peace officers so as to allow for flexibility in taking the basic training examination; to provide for the automatic suspension of officers failing to obtain or report annual training requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton 3634 JOURNAL OF THE SENATE Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Stone 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 54, nays 0. HB 366, having received the requisite constitutional majority, was passed. Senator Sims of the 12th asked unanimous consent that HB 238, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 238, having been taken from the Table, was put upon its passage. HB 238. By Representatives Maxwell of the 17th, Battles of the 15th, Coleman of the 97th, Benton of the 31st, Riley of the 50th and others: A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Public School Employees Retirement System, so as to clarify certain provisions relating to a limitation on the maximum level of retirement benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Sims of the 12th. The following Fiscal Notes, as required by law, were read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 THURSDAY, MARCH 28, 2013 3635 GREG S. GRIFFIN State Auditor (404) 656-2174 February 1, 2013 The Honorable Fran Millar State Senator Coverdell Legislative Office Building, Room 319-B Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill (LC 21 2048) Dear Senator Millar: This bill would amend provisions relating to retirement benefits paid under the Public School Employees Retirement System. Specifically, this bill clarifies the provisions relating to the limitation on the maximum amount of benefits paid to retired members. This legislation does not change the maximum benefit amount that any member would be eligible to receive upon retirement. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 GREG S. GRIFFIN State Auditor (404) 656-2174 February 28, 2013 3636 JOURNAL OF THE SENATE The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 238 (LC 21 2176S) Dear Representative Maxwell: This substitute bill would amend provisions relating to dues paid by members of the Georgia Firefighters' Pension Fund. Currently, all members of the Fund pay membership dues in the amount of $15 per month. If this legislation is enacted, the membership dues would be increased to $25 per month. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor Senator Albers of the 56th asked unanimous consent that he be excused from voting on HB 238 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Albers 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone THURSDAY, MARCH 28, 2013 3637 Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar On the passage of the bill, the yeas were 55, nays 0. Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams HB 238, 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 amendment to the House amendment to the Senate substitute to the following Bill of the House: HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 226. By Representatives Nix of the 69th, Burns of the 159th, Roberts of the 155th, Mosby of the 83rd, Drenner of the 85th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste 3638 JOURNAL OF THE SENATE management generally, so as to revise certain requirements related to tire transportation, storage, and disposal; to provide for definitions; to correct cross-references; to provide enforcement authority to certain officers; to require permits and vehicle decals for used tire and scrap tire carriers; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update effective date of rules and regulations for purposes of criminal law enforcement; to repeal conflicting laws; and for other purposes. Senator McKoon of the 29th asked unanimous consent that HB 189, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 189, having been taken from the Table, was put upon its passage. HB 189. By Representatives Buckner of the 137th, Stephens of the 164th, Jackson of the 128th, Epps of the 144th, Williams of the 168th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation 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, historic sites, or recreational areas located within the area of the local governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. Senators Orrock of the 36th, Mullis of the 53rd and McKoon of the 29th offered the following amendment #1: Amend HB 189 (LC 40 0340S) by inserting after "authority;" on line 5 "to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for the transfer of certain park property;" and inserting after line 23 the following: SECTION 1A. Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, is amended by adding a new subsection to read as follows: "(m) Notwithstanding any other provision of law to the contrary, a city may exchange property dedicated as a city park with an institution owning property in or abutting a federal National Historic Site for use in connection with such property, provided that THURSDAY, MARCH 28, 2013 3639 the city receives property in fee simple that is of equal or greater acreage as the city property exchanged and that the city immediately dedicates the property as a public park." On the adoption of the amendment, there were no objections, and the Orrock, 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 1. HB 189, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto: HB 104. By Representatives Carson of the 46th, Dudgeon of the 25th, Allison of the 8th and Tanner of the 9th: A BILL to be entitled an Act to amend Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates, so as to add a 3640 JOURNAL OF THE SENATE special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Harper of the 7th asked unanimous consent that the Senate adhere to its amendment to HB 104 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Harper of the 7th, Chance of the 16th and Jones of the 25th. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. Senator Mullis of the 53rd asked unanimous consent that HB 482, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 482, having been taken from the Table, was put upon its passage. HB 482. By Representatives Neal of the 2nd, Hill of the 22nd, Greene of the 151st, Dunahoo of the 30th, Kidd of the 145th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board of Corrections and the Department of Corrections, so as to provide that employees of the Department of Corrections serving as certified peace officers may retain their weapons under certain circumstances; to authorize the Board of Corrections to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay THURSDAY, MARCH 28, 2013 3641 Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Shafer Y Sims Y Staton Y Stone 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 52, nays 1. HB 482, having received the requisite constitutional majority, was passed. Senator Stone of the 23rd asked unanimous consent that HB 480, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 480, having been taken from the Table, was put upon its passage. HB 480. By Representatives Ballinger of the 23rd, Caldwell of the 131st, Pak of the 108th, Sheldon of the 104th, Abrams of the 89th and others: A BILL to be entitled an Act to amend Code Section 17-8-54 of the Official Code of Georgia Annotated, relating to persons allowed to be present in a courtroom when a person under the age of 16 testifies concerning a sex offense, so as to add victim assistance personnel to the list of persons who may be present in a courtroom when a person under the age of 16 testifies concerning a sex offense; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. The report of the committee, which was favorable to the passage 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 Beach Y Harbison Y Harper Y Heath Y Miller Y Mullis Y Murphy 3642 JOURNAL OF THE SENATE Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 54, nays 1. HB 480, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Mike Crane Retirement District 28 Special Judiciary 325-B Coverdell Legislative Office Building State Institutions and Property Atlanta, GA 30334 State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 Secretary of the Senate, I intended a yes vote on HB 480 please let the record reflect this. Sincerely, /s/ Mike Crane 28th Senator Harper of the 7th was excused for business outside the Senate Chamber. THURSDAY, MARCH 28, 2013 3643 Senator Murphy of the 27th asked unanimous consent that HB 139, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 139, having been taken from the Table, was put upon its passage. HB 139. By Representatives Hamilton of the 24th, Carter of the 175th, Powell of the 32nd, Talton of the 147th, Jasperse of the 11th 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 regarding sheriffs, so as to revise the general qualification requirements for sheriffs; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The Senate Ethics Committee offered the following substitute to HB 139: 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 regarding sheriffs, so as to revise the general qualification requirements for sheriffs; 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 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding sheriffs, is amended by revising subsection (c) of Code Section 15-16-1, relating to general qualification requirements for sheriffs, as follows: "(c) Qualifications. (1) No person shall be eligible to hold the office of sheriff unless such person: (A) At the time of qualifying as a candidate for the office of sheriff is a citizen of the United States; (B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of qualifying for election to the office; (C) At the time of qualifying as a candidate for the office of sheriff is a registered voter; (D) At the time of qualifying as a candidate for the office of sheriff has attained the 3644 JOURNAL OF THE SENATE age of at least 25 years; (E) At the time of qualifying as a candidate for the office of sheriff has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a plea of nolo contendere to a felony offense or any offense involving moral turpitude contrary to the laws of this state shall have the same effect as a plea of guilty, thereby disqualifying such a person from holding the office of sheriff; (G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court of the county in which such person is qualifying and must be taken on or before, but no later than, the close of business on the third business day following the close of such qualification for election to the office of sheriff period. If the search of such fingerprint files results in the discovery of any criminal record that reveals that the person has been convicted, or the record shows no disposition of the record, of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States, the probate judge shall notify the election superintendent of such record immediately; (H) At the time of qualifying as a candidate for the office of sheriff, files with the officer before whom such person is qualifying gives a complete written history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state; (I) At the time of qualifying as a candidate for the office of sheriff, files with the officer before whom such person is qualifying gives a complete written history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and (J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 within six months after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or THURSDAY, MARCH 28, 2013 3645 registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph. (2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time such person qualifies:, (A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) Swear swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she meets all of the qualifications required by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of this subsection, and that he or she has complied or will comply with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of business on the third business day following the close of such qualification for election to the office of sheriff period. (3) Each person offering his or her candidacy for the office of sheriff shall file an affidavit with the election superintendent of the county by the close of business on the third business day following the close of the qualification period stating: (A) That such person is a high school graduate or has obtained the recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) When and from what school such person graduated from high school or obtained such recognized equivalent in education training. In addition, such person shall also file a certified copy of his or her birth certificate with the election superintendent of the county. (3)(4) Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course." 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. 3646 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 51, nays 0. HB 139, having received the requisite constitutional majority, was passed by substitute. Senator Carter of the 1st asked unanimous consent that HB 302, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 302, having been taken from the Table, was put upon its passage. HB 302. By Representatives Broadrick of the 4th, Harden of the 148th, Stephens of the 164th, Parrish of the 158th, Watson of the 166th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to add substances included under Schedule I controlled substances; to add substances included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Senate Sponsor: Senator Carter of the 1st. THURSDAY, MARCH 28, 2013 3647 The Senate Health and Human Services Committee offered the following substitute to HB 302: 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 add substances included under Schedule I controlled substances; to add substances included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising and adding new subparagraphs to paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, to read as follows: "(HH) MPPP (1-Methyl-4-Phenyl-4-Propionoxypiperidine) Reserved;" "(HHH) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); (III) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); (JJJ) 4-iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (25I-NBOMe); (KKK) 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (25C-NBOMe); (LLL) 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (25B-NBOMe); (MMM) N,N-Diallyl-5-Methoxytryptamine (5-MeO-DALT);" SECTION 1.1. Said chapter is further amended by adding a new subparagraph to paragraph (12) of Code Section 16-13-25, relating to Schedule I controlled substances, to read as follows: "(L.1) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);" SECTION 2. Said chapter is further amended by adding new subparagraphs to paragraph (6) of Code Section 16-13-27, relating to Schedule III controlled substances, to read as follows: "(N.5) Methasterone;" "(V.5) Prostanozol;" 3648 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended by adding new paragraphs to subsection (b) of Code Section 16-13-71, relating to defining dangerous drugs, to read as follows: "(.042) Abiraterone;" "(12.5) Aclidinium bromide;" "(62.05) Apixaban;" "(69.1) Avanafil;" "(69.3) Axitinib;" "(77.5) Bedaquiline;" "(105.6) Bosutinib;" "(122.7) Cabozantinib;" "(142.7) Carfilzomib;" "(190.5) Choline C 11;" "(207.5) Cobicistat;" "(217.9) Crofelemer;" "(331.065) Elvitegravir;" "(332.87) Enzalutamide;" "(388.3) Florbetapir F 18;" "(416.5) Glucarpidase;" "(426) Gonadotropin, Chroinic Chorionic; (427) Gonadotropin, Chroinic Chorionic, Anti-human serum;" "(473.5) Ingenol mebutate;" "(506.75) Ivacaftor;" "(520.3) Linaclotide;" "(528.7) Lomitapide;" "(529.93) Lorcaserin hydrochloride;" "(530.8) Lucinactant;" "(619.1) Mirabegron;" "(661.3) Ocriplasmin;" "(671) Oxybutynin see exceptions;" "(663.35) Omacetaxine mepesuccinate;" "(692.25) Pasereotide;" "(692.513) Peginesatide;" "(703.43) Perampanel;" "(706.5) Pertuzumab;" "(752.1) Ponatinib;" "(832.1) Raxibacumab;" "(832.7) Regorafenib;" "(873.8) Sodium picosulfate;" "(930.93) Tafluprost;" "(930.97) Tagliglucerase alfa;" "(931.37) Tbo-filgrastim;" "(931.53) Teduglutide;" THURSDAY, MARCH 28, 2013 3649 "(932.2) Teriflunomide;" "(969.8) Tofacitinib;" "(1034.5) Vismodegib;" "(1042.78) Ziv-aflibercept;" SECTION 4. Said chapter is further amended by adding a new paragraph to subsection (c) of Code Section 16-13-71, relating to defining dangerous drugs, to read as follows: "(16.97) Oxybutynin when a single dose is delivered as 3.9 mg. per day using a transdermal system patch;" SECTION 5. Said chapter is further amended by revising paragraph (26) of subsection (c) of Code Section 16-13-71, relating to defining dangerous drugs, to read as follows: "(26) Tetrahydrozaline Tetrahydrozoline for ophthalmic or topical use;" 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 Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Harbison E Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C 3650 JOURNAL OF THE SENATE Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jones, B Y Jones, E Ligon Y Loudermilk Y Lucas Y McKoon Y Millar 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 302, having received the requisite constitutional majority, was passed by substitute. Senator McKoon of the 29th asked unanimous consent that HB 382, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 382, having been taken from the Table, was put upon its passage. HB 382. By Representatives Powell of the 171st, Lindsey of the 54th, Ehrhart of the 36th, Allison of the 8th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions 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. Senate Sponsor: Senator McKoon of the 29th. The Senate Judiciary Committee offered the following substitute to HB 382: 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 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. THURSDAY, MARCH 28, 2013 3651 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, is amended by adding a new Code section to read as follows: "51-1-52. (a) As used in this Code section, the term: (1) 'Facilities' means a school's buildings, fixtures, and equipment, including, but not limited to, classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, gardens, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition. (2) 'Recreational joint-use agreement' means a written agreement between the governing authority of a school and a private entity authorizing such entity to access the facilities of a school under the governing authority's jurisdiction for the purposes of conducting or engaging in recreational, physical, or performing arts activity. (3) 'School' means any public pre-kindergarten, elementary school, or secondary school. (b) A recreational joint-use agreement shall: (1) Set forth the terms and conditions of the use of a facility; (2) Include a hold harmless provision in favor of the governing authority; (3) Be revocable at any time by the governing authority of the school; (4) Require the private entity to maintain and provide proof of a minimum of $1 million in liability insurance coverage applicable to the use of the facilities and effective for the duration of such agreement; and (5) Provide a citation that such agreement shall be governed by this Code section. (c) The governing authority of a school that enters into a recreational joint-use agreement which complies with subsection (b) of this Code section shall not be deemed to have waived its sovereign immunity as to damages to persons or property arising out of or resulting from such recreational joint-use agreement. (d) Code Section 51-12-33 shall not apply to claims for civil damages arising from the use of a school's facilities pursuant to a recreational joint-use agreement. (e) This Code section shall apply to causes of action arising on or after July 1, 2013." 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. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. 3652 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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. HB 382, having received the requisite constitutional majority, was passed by substitute. Senator Bethel of the 54th asked unanimous consent that HB 446, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 446, having been taken from the Table, was put upon its passage. HB 446. By Representatives Peake of the 141st, Lindsey of the 54th, Willard of the 51st, England of the 116th, Cooper of the 43rd and others: A BILL to be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for certain additional notice requirements for a proposed ward who resided in another state prior to the submission of a guardianship or conservatorship petition for such proposed THURSDAY, MARCH 28, 2013 3653 ward; to require disclosure in petitions; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Miller Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate 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. HB 446, having received the requisite constitutional majority, was passed. Senator Hufstetler of the 52nd asked unanimous consent that HB 179, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 179, having been taken from the Table, was put upon its passage. HB 179. By Representatives Welch of the 110th, Stephens of the 164th, Rutledge of the 109th, Parrish of the 158th, Harden of the 148th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to change 3654 JOURNAL OF THE SENATE certain provisions relating to The Pharmacy Audit Bill of Rights; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hufstetler 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: Albers Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 1. HB 179, having received the requisite constitutional majority, was passed. Senator Davis of the 22nd asked unanimous consent that HB 211, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 211, having been taken from the Table, was put upon its passage. HB 211. By Representatives Benton of the 31st, Coleman of the 97th, Dickson of the 6th and Frye of the 118th: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of motor fuel excise tax, so as to THURSDAY, MARCH 28, 2013 3655 exempt public school systems from motor fuel excise taxes under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. 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 GREG S. GRIFFIN State Auditor (404) 656-2174 February 7, 2013 Honorable Brooks Coleman State Representative State Capitol, Room 416 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 211 (LC 33 4918) Dear Representative Coleman: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation proposes to exempt the purchase of motor fuels by public school systems for the operation of school buses from the motor fuels excise tax. This tax consists of 7.5 cents per gallon tax charged on the quantity sold of motor fuels, and a four percent charge on the sale of motor fuels (also known as the "prepaid state tax"). The prepaid state tax actually consists of two separate taxes; a second motor fuel tax of three percent charged on the sale of motor fuels, which is dedicated to the Georgia Department of Transportation (GDOT) and a one percent state sales tax. O.C.G.A. 48-9-14, relating to levy of the second motor fuels tax, states that exemptions to the motor fuel tax in 48-9-3 also apply to the second motor fuel tax. The one percent state sales tax on motor fuels, which goes to the General Fund (GF), does not apply in the case of purchases of fuel by 3656 JOURNAL OF THE SENATE public school systems as they are exempt pursuant to 48-8-3(1), the state sales and use tax exemption applicable to "any county or municipality of this state, or any bona fide department of such governments." This legislation will reduce motor fuel excise tax and second motor fuel tax revenue by excluding public school purchases of fuel for school buses from the current tax base. The existing language does not include an effective date for the proposed exemption so an effective date of July 1, 2013, the first day of fiscal year (FY) 2014, has been assumed. It is estimated that the revenue loss for FY 2014 would be between $5.65 million and $5.82 million. See Table 2 for detailed estimates of the revenue losses for fiscal years 2014 through 2018. Revenue Estimate: The school districts in Georgia submit a yearly detailed expenditure survey for financial reporting purposes to the Department of Education, including data on the costs incurred on motor fuels to operate school buses in the state of Georgia by public school districts. . The school bus fleet in Georgia is made up of 90 percent diesel buses and 10 percent gasoline buses according to a survey by the concerned Union of Concerned Scientists and data gathered by the trade organization School Bus Fleet, in which the Georgia Department of Education's Transportation Department participates. Diesel buses are approximately 20 percent more efficient in terms of miles per gallon, according to federal government statistics, thus it is estimated that diesel buses make up 88 percent of total fuel consumption. This assumption together with average fuel price and expenditures data, consumption of diesel and gasoline for school bus operations is estimated for school years 2006 through 2011 as shown in Table 1. Table 1. Georgia Department of Education Expenditures on Motor Fuels and Estimated Gallons Consumed of Diesel and Gasoline Fiscal Year 2006 2007 2008 2009 2010 2011 Energy Expenditures for Student $74.34 $72.65 $108.60 $82.87 $79.84 $97.43 Transportation ($ Millions)(i) Price of Diesel (ii) $2.62 $2.61 $3.44 $2.83 $2.79 $3.39 Price of Gas (ii) $2.57 $2.53 $3.14 $2.49 $2.70 $3.17 Estimated Gallons Diesel 24.98 24.50 27.80 25.81 25.22 25.28 Consumed (Millions)(iii) Estimated Gallons Gas Consumed 3.47 3.44 4.15 4.00 3.55 3.69 (Millions)(iii) (i)Georgia Department of Education (ii) United States Energy Information Administration (EIA) average gasoline and diesel prices for Lower Atlantic (PADD 1C) region (iii) 88 percent of consumption is by diesel operating buses and 12 percent by gasoline operating buses The Georgia school bus fleet grew modestly by 0.77 percent annually between school years 2003 and 2007 (the latest year available), approximately matching the growth in THURSDAY, MARCH 28, 2013 3657 fall enrollment over the same period. The National Center for Education Statistics (NCES) produces enrollment projections up to 2020 and predicts 0.89 percent annual growth in Georgia public school enrollment over that time period. Assuming the miles driven per bus and average fuel economy are static over the next five years, a high and low growth estimate of 1.2 and 0.6 percent annually in gallons of diesel and gasoline purchased for school buses has been assumed for the fiscal years 2014 through 2018. The FY2014 through FY2018 projected consumption of gasoline and diesel assumes an 88 percent share of expenditure on diesel and a 12 percent gasoline share, as described above. The base year for the forecasted consumption growth, FY2013, was estimated as the average consumption over FY 2009 through FY 2011 or approximately 25.4 million gallons of diesel and 3.7 million gallons of gasoline. The prices of diesel and gasoline have fluctuated over the last several years, with a peak in 2008 followed by a decline before rising again in 2011, as seen in Table 1. Since 2011, prices have risen further; the year-to-date average prices for school year 2013 (through January 2013) are $3.96 for diesel and $3.59 for gasoline. These prices are used as the base (FY2013) prices for projection purposes. The EIA's long-term price forecasts call for nominal price growth through 2018 of about 1.3 percent annually for gasoline and 2.1 percent for diesel. For projection purposes, low and high price growth assumptions are used, with zero growth for the "low fuel price" estimates and 4 percent for the "high fuel price" estimate. Table two summarizes the high and low "current law" revenue estimates, based on the assumptions above, for the three relevant revenue categories--the 7.5 cents per gallon excise tax, and the DOT and general fund portions of the second motor fuel tax. The current law revenue estimates represent the estimated revenue loss from passage of the subject bill, LC 33 4918. Table 2. High and Low Revenue Estimates Current Law (Revenue Loss Upon Passage) Fiscal Year 2014 2015 2016 2017 High Fuel Price and Consumption (in Millions) Estimate Estimated Gallons Diesel Consumed (i) 25.75 26.06 26.37 26.68 Estimated Gallons Gas Consumed(ii) 3.79 3.84 3.88 3.93 Price of Diesel(i) $4.12 $4.28 $4.45 $4.63 Price of Gas(ii) $3.73 $3.88 $4.04 $4.20 Total Fuel Expenditure $120.19 $126.50 $133.14 $140.12 3% second motor fuel tax ($Millions) $3.61 $3.79 $3.99 $4.20 7.5 cent per gallon excise tax $2.22 $2.24 $2.27 $2.30 ($Millions) High Total Revenue ($Millions) $5.82 $6.04 $6.26 $6.50 Low Fuel Price and Consumption (in Millions) Estimate Estimated Gallons Diesel 25.59 25.75 25.90 26.06 2018 27.00 3.98 $4.82 $4.37 $147.48 $4.42 $2.32 $6.75 26.21 3658 JOURNAL OF THE SENATE Consumed(iii) Estimated Gallons Gas Consumed(iv) 3.77 3.79 3.81 3.84 3.86 Price of Diesel (iii) $3.96 $3.96 $3.96 $3.96 $3.96 Price of Gas (iv) $3.59 $3.59 $3.59 $3.59 $3.59 Total Fuel Expenditure $114.88 $115.57 $116.26 $116.96 $117.66 3% second motor fuel tax ($Millions) $3.45 $3.47 $3.49 $3.51 $3.53 7.5 cent per gallon excise tax $2.20 $2.22 $2.23 $2.24 $2.26 ($Millions) Low Total Revenue ($Millions) $5.65 $5.68 $5.72 $5.75 $5.79 (i) High diesel price and consumption estimate based on annual growth of 4 percent in the price of diesel and 1.2 percent growth annually in consumption (ii) High gas price and consumption estimate based on annual growth of 4 percent in the price of gasoline and 1.2 percent growth annually in consumption (iii) Low diesel price and consumption estimate based on no growth in the price of diesel and .6 percent growth annually in consumption (iv) Low gas price and consumption estimate based on no growth in the price of gasoline and .6 percent growth annually in consumption Sincerely, /s/ Greg S. Griffin State Auditor /s/ Teresa A. MacCartney, 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: N Albers Y Balfour N Beach N Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane N Crosby Y Davenport Y Davis N Harbison Y Harper Y Heath Y Henson N Hill, H Y Hill, Jack N Hill, Judson N Hufstetler Jackson, B Y Jackson, L Y James N Jeffares Jones, B Y Jones, E N Miller N Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Thompson, S Y Tippins THURSDAY, MARCH 28, 2013 3659 N Dugan Y Fort Y Ginn Y Golden N Gooch Y Ligon Loudermilk Y Lucas N McKoon Y Millar Y Tolleson N Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 36, nays 16. HB 211, having received the requisite constitutional majority, was passed. Senator Thompson of the 33rd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Tippins of the 37th moved that the Senate recede from its amendment to the House amendment to the Senate substitute to HB 283. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour N Beach Y Bethel N Burke N Butler Y Carter, B N Carter, J Chance Y Cowsert N Harbison N Harper Y Heath N Henson Y Hill, H N Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N Miller Y Mullis N Murphy N Orrock Ramsey N Seay Y Shafer N Sims Staton Y Stone 3660 JOURNAL OF THE SENATE Y Crane N Crosby N Davenport N Davis Y Dugan N Fort Y Ginn N Golden Y Gooch N James Y Jeffares N Jones, B N Jones, E Ligon Y Loudermilk N Lucas McKoon Y Millar N Tate Thompson, C E Thompson, S N Tippins N Tolleson Unterman N Wilkinson N Williams On the motion, the yeas were 20, nays 28; the motion lost, and the Senate did not recede from its amendment to the House amendment to the Senate substitute to HB 283. Senator Tippins of the 37th asked unanimous consent that the Senate insist on its amendment to the House amendment to the Senate substitute to HB 283. The consent was granted, and the Senate insisted on its amendment to the House amendment to the Senate substitute to HB 283. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR Thursday March 28, 2013 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 457 Dugan of the 30th Heath of the 31st CITY OR HIRAM A BILL to be entitled an Act to amend an Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to provide for reincorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of a mayor and the city council; to provide for definitions and construction; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE THURSDAY, MARCH 28, 2013 3661 HB 484 Jones of the 25th Cowsert of the 46th CITY OF MONROE A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to provide for the jurisdiction of the municipal court; to repeal conflicting laws; and for other purposes. SUBSTITUTE HB 661 Harbison of the 15th TAYLOR COUNTY A BILL to be entitled an Act to create a board of elections and registration for Taylor County and provide for its powers and duties; to provide for definitions; 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 automatic repeal of this Act under certain circumstances; 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 457: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 457: A BILL TO BE ENTITLED AN ACT To amend an Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to provide for reincorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of a mayor and the city council; to provide for terms and qualifications for the office of mayor and council member; to provide for oaths of office; to provide for salaries; to provide for organizational meetings; to provide the power to adopt ordinances, resolutions, and regulations; to provide for regular and special meetings; to provide for rules of procedure; to provide for quorum and voting; to provide for ordinance form and procedures; to provide procedures for the election of the mayor; to provide for the powers and duties of the mayor; to provide for a mayor pro tempore; to provide for vacancies in office and the filling of vacancies; to provide for a 3662 JOURNAL OF THE SENATE city manager and appointment and qualifications; to provide for the powers and duties of the city manager; to provide for a temporary city manager; to provide for a city clerk; to provide for a city attorney; to provide for personnel policies; to provide for the establishment of boards, commissions, and authorities; to provide for a judicial branch including a municipal court; to provide for jurisdiction, power, and authority of the municipal court; to provide for municipal court judges and qualifications; to provide for convening of the court; to establish certiorari; to provide for rules of the court; to provide for timing of elections; to provide for nonpartisan elections; to provide for election by plurality; to provide for removal from office; to provide for the finance of the city; to provide for property taxes; to provide for a millage rate, due dates, and payment methods; to provide for occupation and business taxes; to provide for regulatory fees and permits; to provide for franchises; to provide for service fees; to provide for special assessments; to provide for other taxes; to provide for collection of delinquent taxes; to provide for borrowing; to provide for revenue bonds; to provide for loans; to provide for leasepurchase contracts; to provide for accounting and budgeting procedures; to provide for an operating budget; to provide for adoption of the budget; to provide for the levy of taxes; to provide for changes in the budget; to provide for capital improvements; to provide for audits; to provide for contracting procedures; to provide for purchasing; to provide for sale and lease of property; to provide for bonds for officials; to provide for the validity of existing ordinances, resolutions, rules, and regulations of the city; to provide for the continuation of pending matters; to provide for definitions and construction; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, is amended by striking all matter following the enacting clause and inserting in lieu thereof the following: "ARTICLE I INCORPORATION AND POWERS SECTION 1.1. Incorporation. This Act shall constitute the charter of the City of Hiram, Georgia, and is intended to replace all prior charters of the City of Hiram, Georgia. The City of Hiram, Georgia, in Paulding County, and the inhabitants thereof, are reconstituted and reincorporated as a body politic and corporate under the same name and style of the 'City of Hiram' and by that name shall have perpetual succession. References in this charter to 'the city' or 'this city' refer to the City of Hiram, Georgia. With adoption of this Act and its corresponding THURSDAY, MARCH 28, 2013 3663 charter, the City of Hiram is made responsible as a body politic and corporate for all legal undertakings, liabilities, and debts of the predecessor City of Hiram and is vested with any and all property interests possessed by the predecessor City of Hiram. SECTION 1.2. 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 the case may be: 'Official Map (or Description) of the corporate limits of the City of Hiram, Georgia.' Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city may provide by ordinance for the redrawing of any such map or for the revision of any written description 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 1.3. Municipal powers. (a) The city shall have all powers possible for a municipality to have under the present or future Constitution and laws of the State of Georgia as fully and completely as though they were specifically enumerated in this act and charter. The city shall have all the powers of self-government not otherwise prohibited by this act or by general law. (b) The powers of the 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 the city. Such powers shall include, but are not limited to, the following, and also include the power to provide punishment for violation of ordinances enacted under this subsection: (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 if in violation of any ordinance or lawful order and to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; (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, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and 3664 JOURNAL OF THE SENATE building trades except as prohibited 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. To condemn property, inside the corporate limits of the city, for present or future public use and as deemed necessary by the city council to further a public purpose as defined under and utilizing procedures enumerated in Title 22 of the O.C.G.A, or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city, provided that such provisions shall not impede the rights related to lawfully possessed firearms; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage collection and 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; to levy, fix, assess, and collect a garbage, rubbish, refuse collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (11) General health, safety, and welfare. To define, regulate, or prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, or safety of the inhabitants of the city, provided that such provisions shall not impede the rights related to lawfully possessed firearms, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any public purpose which provides a benefit to the city or enhances the general welfare THURSDAY, MARCH 28, 2013 3665 of its inhabitants on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for the commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; and to provide for the commitment of such persons to any county correctional institutions or county jail or county detention center by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city in accordance with general state law and any duly authorized ordinance of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of the same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, stormwater 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; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed 3666 JOURNAL OF THE SENATE police officers, and to establish, operate, or contract for a police and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the corporate limits of the city and on property within the corporate limits of the city with a view thereof; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and, to the extent not contrary to state law, 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 THURSDAY, MARCH 28, 2013 3667 and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, 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 bookstores to certain areas; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes; other. To levy and collect such other taxes as may be allowed by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants, provided that such provisions shall not impede the rights related to lawfully possessed firearms; 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 1.4. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter 3668 JOURNAL OF THE SENATE 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 2.1. Establishment of city council; election and terms; oaths. (a) The legislative authority of the government of the City of Hiram, Georgia, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in a manner as provided under state law. The mayor and council members shall be elected at large from council posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. The mayor shall be considered a council member for all purposes, except as his or her powers are restricted elsewhere in this charter. All references in city ordinances to the 'mayor and council' or 'governing authority' shall be construed to mean the 'city council' as referred to in this charter. (b) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (c) There shall be elected the mayor and two council members at one election and at every other election thereafter which shall be held according to the sequence presently in place in the city. The remaining council member seats shall be filled at the election alternating with the first election so that a continuing body is created. (d) The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of each member of the city council shall begin on the first day of January immediately following the election of such member unless general law authorizes or requires the term to begin at the first organizational meeting in January or upon some other date. (e) No person shall be eligible to serve as mayor or council member unless that person shall have been a resident of the city for 12 months prior to the date of election, be at least twenty-one (21) years of age at the time of election, and be a qualified voter of the city. Each person elected shall continue to reside in the city during that member's period of service, and he or she shall continue to be registered and qualified to vote in municipal elections of the city throughout the term of office. (f) The mayor and each council member shall be installed in office by taking and subscribing the following oath: 'I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor and/or council member of the City of Hiram, Georgia; that I will faithfully execute and enforce the laws of the City of Hiram to the best of my ability, skill, and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of the City of Hiram and common interest thereof.' The mayor and each council member shall also take all other oaths as required by the laws of the State of Georgia. All oaths of office or other oaths required to be taken by the mayor or a council member shall be administered by the mayor, city attorney, city clerk, the THURSDAY, MARCH 28, 2013 3669 municipal judge or judges of the city, the judge of the probate court of Paulding County, Georgia, or any other person allowed by the laws of the State of Georgia to administer such oaths. (g) The salary of the mayor and each council member shall be as established from time to time by home rule ordinance and in accordance with all other State law provisions. SECTION 2.2. Meetings of the city council; quorum; procedures. (a) The city council shall have full power to fix the time, place, and rules of procedure for their regular sessions and any other meetings called. The regular meetings shall be held at such time and place as prescribed by ordinance or resolution. (b) The city council is hereby authorized and empowered to adopt such ordinances, resolutions, and regulations as it may deem proper not in conflict with the Constitution and laws of the United States and the State of Georgia. (c) Three council members, excluding the mayor, shall constitute a quorum and shall be authorized to transact the business of the city council. Except as otherwise provided in this charter and so long as a quorum exists, the affirmative vote of a majority of the council members present shall be required for the adoption of any ordinance, resolution, or motion. (d) 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 council member 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. (e) Acts of the city council that will have the force and effect of law shall be enacted by ordinance. Every proposed ordinance should be introduced in writing and in the form required for final adoption. A copy of proposed ordinances shall be maintained for public inspection by the city clerk. (f) An ordinance may be introduced by any council member at a regular or special meeting of the city council. An ordinance may be adopted at its meeting of introduction or may be deferred for further consideration. (g) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor for signature. (h) Except where in direct conflict with the provisions of this act, the charter, or the law, all ordinances, resolutions, and regulations now in force in the city shall remain in full force and effect unless and until repealed or superseded by other ordinances, resolutions, and regulations adopted by the city council or as otherwise permitted by this act and the charter. 3670 JOURNAL OF THE SENATE SECTION 2.3. The office of mayor. (a) The mayor shall be the chief elected officer of the city and as such shall have the following powers and duties: (1) To preside at all meetings of the city council and be recognized as the official head and spokesperson of the city for service of process and ceremonial purposes; (2) To vote on matters before the city council only in case of a tie; (3) To sign timely, for and on behalf of the city, all contracts, ordinances, instruments, and other documents authorized by the city council and which are required to be in writing, unless otherwise directed or authorized by the city council; (4) To administer oaths and to take affidavits; and (5) To fulfill such other duties as authorized by the city council. (b) Annually at the first meeting of the new calendar year, the city council shall elect one of the council members to serve as the mayor pro tempore who shall, in the absence of the mayor, perform the duties and exercise all the rights, power, and privileges of the office of the mayor in accordance with this charter. SECTION 2.4. Vacancies; filling vacancies. (a) The office of mayor or council member shall become vacant upon the death, resignation, removal from office, 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) If less than 12 months remains in the unexpired term, a vacancy in the office of council member shall be filled for the remainder of the unexpired term by appointment of any citizen of the city eligible to hold such office by vote of the majority of the remaining members of the city council. The person appointed shall then serve until the next regular council member election at which time, as a part of that election, a person shall be elected to fill the vacated post. If such vacancy occurs 12 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 accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted governing municipal elections. This provision shall also apply to a temporary vacancy created by the suspension from office of the council member as may be permitted now or hereafter by this charter or the laws of the city or the State of Georgia. (c) Should a mayoral vacancy occur within 12 months preceding the expiration of the mayor's term of office, then the vacancy shall be filled by the mayor pro tempore or by any council member appointed for that purpose whereupon the position of mayor shall be filled until the next mayoral election at which time a person shall be elected to the office of mayor as generally provided by the charter and pursuant to all applicable law. If such a vacancy occurs 12 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 in accordance THURSDAY, MARCH 28, 2013 3671 with Titles 21 and 45 of the O.C.G.A, or other such laws as are or may hereafter be enacted governing municipal elections. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor as may be permitted now or hereafter by this charter or the laws of the city or the State of Georgia. SECTION 2.5. City manager. (a) The city council shall, by majority vote of its members, appoint a city manager for an indefinite term and shall set his or her compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications, including relevant experience. In lieu of appointment for an indefinite term, the city council is authorized, but not required, to enter into an employment contract with the city manager for a term of no more than four years. Any such contract shall contain as an essential term the express right of the city council to terminate the city manager's employment at any time for any reason not prohibited by law or for no reason whatsoever. Such contract may provide for payment of up to six months' severance pay at the city manager's then current rate of compensation if termination is not made on the basis of grounds specified in the contract that would void entitlement to severance. Under no circumstances shall any contractual entitlement to severance pay be deemed a right to continued employment as city manager. (b) The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs entrusted to the position by or under this charter. The city manager shall have the following powers and duties: (1) To appoint all department heads, subject to the approval of the city council, and otherwise to appoint and, when he or she deems it necessary for the good of the city, suspend or remove all other city employees and administrative officers, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) To 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) To attend all city council meetings and have the right to take part in discussion, but not vote; (4) To see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) To prepare and submit the annual operating budget and capital budget to the city council. Once approved for the following fiscal year, any increase in the appropriations for these budgets, whether accomplished through a change in anticipated revenues or through a transfer of appropriations among departments, shall require the approval of the city council. Such amendment shall be adopted by ordinance or resolution; 3672 JOURNAL OF THE SENATE (6) To submit a quarterly summary of the finances and administrative activities of the city to the city council, and to make available to the city council and public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) To prescribe, require, publish, and implement standards of administrative management and operating procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the city which are subject to the city manager's supervision; (8) To act as the purchasing agent of the city; (9) To make such other studies, reports, and investigations as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (10) To keep the city council fully advised as to the future needs of the city, and make such recommendations to the city council concerning the affairs of the city as he or she deems desirable; and (11) To perform other such duties as are specified in this charter or as may be required by the city council. (c) The city manager shall have full authority to execute the city's annual operating budget and capital budget. Establishment of all special funds and authorization of expenditures from the special funds shall require approval of the city council. The city council shall also approve any operating or capital budget amendments requiring use of funds from the contingency special fund. (d) Except for the purpose of inquiries and investigations, the mayor and council members shall not give orders or directions to any city employees who are subject to the direction and supervision of the city manager, either publicly or privately, directly or indirectly. (e) The city council may remove the city manager from office in accordance with the following procedures: (1) Because the city manager serves at the will of the city council, the city council may terminate or suspend the city manager at any time, with or without cause, through the adoption of a preliminary resolution with the affirmative vote of a majority of its members. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file a written request for a public hearing with the city council. This hearing shall be held within 30 days after the request is filed. The city manager may file a written reply not later than five days before the hearing with the city council; (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing; and THURSDAY, MARCH 28, 2013 3673 (4) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal. In those instances in which the city council has exercised its discretion and entered into an employment contract with the city manager that provides for severance pay under certain conditions, termination may result in payment of severance pay in accordance with the contract terms. (f) By letter filed with the city clerk, the city manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of city manager during his or her temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return. (g) Upon removal or vacancy or prior to the time the city council appoints a city manager upon absence or disability, the city council shall appoint a temporary city manager by majority vote of its members. SECTION 2.6. Other city officers; administrative personnel. (a) The following positions are re-established by this charter to be filled by persons appointed by the city council: city clerk and city attorney. The following positions are reestablished by this charter to be filled by persons appointed as provided in this charter by the city manager: city operations director and police chief. Those selected for these positions shall be appointed solely on the basis of their respective administrative and professional qualifications, including relevant experience. The city council shall prescribe the compensation to be provided for the services to be rendered by these positions. Those selected to fill these positions shall execute the duties and responsibilities entrusted to them by the position held and as required by this charter, any ordinance, resolution, or directive of the city council or the city manager, and as required by applicable state and federal law. (b) Except as otherwise provided in this charter, the city council shall have the authority to establish, abolish, alter, consolidate, or leave vacant all non-elective offices, positions of employment, departments, and agencies of the city as deemed necessary for the proper administration of the affairs and government of the city. (c) Except as otherwise permitted by this charter and only pursuant to an agreement in writing executed by the city, the persons appointed to non-elective positions pursuant to this charter or otherwise employed by the city shall serve in an at-will capacity and are subject to removal or suspension at any time unless otherwise provided by law, ordinance, or an agreement in writing executed by the city. SECTION 2.7. Boards; commissions; authorities. (a) The city council is empowered to establish by ordinance any boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the 3674 JOURNAL OF THE SENATE city council deems appropriate, and shall establish by ordinance the composition, period of existence, and duties and powers thereof. (b) All members of boards, commissions, and authorities established by the city council shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating the person 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 members of a board, commission, or authority serve at-will and may be removed at any time by a vote of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. As it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or law. Copies of such bylaws, rules, and regulations shall be filed with the city clerk. ARTICLE III JUDICIAL BRANCH SECTION 3.1. Municipal court re-established. With this charter, the municipal court of the City of Hiram is re-established. SECTION 3.2. Municipal court jurisdiction; authority; powers. (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. THURSDAY, MARCH 28, 2013 3675 (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, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before 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. The municipal court shall have the authority to issue search warrants as provided by law. (h) The municipal court judge shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and the municipal court judge shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the city granted by state laws generally to municipal courts, including such laws as authorize the abatement of nuisances. SECTION 3.3. Municipal court judge; associate judge; oath. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as deemed appropriate by the city council and provided for by ordinance. (b) No person shall be qualified or eligible to serve as a municipal court judge unless that 3676 JOURNAL OF THE SENATE 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 municipal court judges shall be appointed by the city council annually and may be removed from office prior to the end of annual appointment only for cause. All municipal court judges shall serve until a successor is appointed and qualified. (c) Compensation of the municipal court judges shall be fixed by ordinance. (d) Before assuming office, each municipal court judge shall take an oath, given by the mayor, attesting that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. SECTION 3.4. Convening. The municipal court shall be convened at regular intervals as established and publicized by the court. SECTION 3.5. Appeals. The right of certiorari from the decisions and judgments 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 Paulding County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 3.6. Rules of court. With the approval of the city council, the municipal court judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, such rules shall conform to the requirements of the Uniform Rules for Municipal Courts adopted by the Georgia Supreme Court. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE IV ELECTIONS SECTION 4.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the 'Georgia Election Code,' Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended. THURSDAY, MARCH 28, 2013 3677 SECTION 4.2. General elections; timing. There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. SECTION 4.3. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 4.4. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. SECTION 4.5. Other election provisions. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code. SECTION 4.6. Removal from office. (a) Removal of an elected official of the city shall be governed by this section except as otherwise provided by this charter or required by state or federal law. (b) Removal from office is required 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. (c) Removal of an officer pursuant to this section shall be accomplished by one of the following methods: (1) Following an evidentiary hearing by the city. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Paulding County. Such appeal shall be governed by the rules governing appeals to the superior court by writ of certiorari; or (2) By an order of the Superior Court of Paulding County following a hearing on a complaint seeking such removal brought by any resident of the City of Hiram. 3678 JOURNAL OF THE SENATE ARTICLE V FINANCE. SECTION 5.1. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. The purpose of such tax shall be to raise revenues to defray the costs of operating the city government or of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 5.2. Millage rate; due dates; payment methods. By ordinance, the city council shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. By ordinance, the city council 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 5.3. Occupation and business taxes. By ordinance, the city council shall have the power to levy such occupation or business taxes as are not prohibited by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 5.9 of this charter. SECTION 5.4. Regulatory fees; permits. By ordinance, the city council shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 5.9 of this charter. SECTION 5.5. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys to railroad companies, street railway companies, telephone companies, electric companies, electric membership corporations, cable television and other THURSDAY, MARCH 28, 2013 3679 telecommunications companies, gas companies, transportation companies, solid waste disposal companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of the city's streets and alleys to railroad companies, street railway companies, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. SECTION 5.6. Service charges. By ordinance, the city council 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 city. If unpaid, such charges shall be collected as provided in Section 5.9 of this charter. SECTION 5.7. Special assessments. By ordinance, the city council shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, storm sewers, drainage facilities, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 5.9 of this charter. SECTION 5.8. Construction; other taxes and fees. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 5.9. Collection of delinquent taxes and fees. By ordinance, the city council may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever reasonable means as are not 3680 JOURNAL OF THE SENATE precluded by law. All taxes and assessments levied pursuant to this charter shall constitute a lien on the property subject to the tax or assessment, which lien shall rank with liens for property taxes. The city council may provide by ordinance for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fieri facias (fi. fas.); making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 5.10. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 5.11. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 5.12. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 5.13. Lease-purchase contracts. The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the city at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted. SECTION 5.14. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, THURSDAY, MARCH 28, 2013 3681 department, agency, and activity of the city government unless otherwise provided by state or federal law. SECTION 5.15. Preparation of budgets. The city council may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. SECTION 5.16. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 5.17. Action by city council on budget. (a) The city council may amend the operating budget proposed by the city manager; provided, however, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of each fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by source and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to 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 3682 JOURNAL OF THE SENATE encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. SECTION 5.18. Tax levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such 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 the city. SECTION 5.19. Changes in appropriations. By ordinance, the city council may make changes in the appropriations contained in the current operating budget, at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 5.20. Capital budget. (a) On or before the date fixed by the city council but no later than 90 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept or reject the proposed plan and proposed budget, with or without amendments. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget or the expenditure is necessary to meet needs in a public emergency as provided in this charter. (b) By ordinance, the city council shall adopt the final capital budget for the ensuing fiscal year not later than the first day of each fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. THURSDAY, MARCH 28, 2013 3683 SECTION 5.21. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public. SECTION 5.22. Contracting procedures. No contract with the city shall be binding on the city unless it is in writing and: (1) Signed by the mayor after being authorized by the city council and such authorization entered in the city council journal of proceedings; or (2) Is a contract wherein the value of the city's obligation does not exceed $5,000.00, is for an authorized budgeted expenditure, and is signed by the city manager in compliance with such other restrictions upon his or her authority as the city council shall impose by ordinance. SECTION 5.23. Purchasing. By ordinance, the city council may prescribe procedures for a system of centralized purchasing for the city. SECTION 5.24. Sale and lease of property. (a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the 3684 JOURNAL OF THE SENATE property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VI GENERAL PROVISIONS SECTION 6.1. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 6.2. Prior ordinances. All ordinances, resolutions, rules, and regulations in force in the city on the effective date of this charter and not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. SECTION 6.3. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 6.4. 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 2. It shall be the duty of the governing authority of the city to require submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. THURSDAY, MARCH 28, 2013 3685 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 51, nays 0, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 484: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 484: A BILL TO BE ENTITLED AN ACT To amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to provide for the jurisdiction of the municipal court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, is amended by revising Section 7.03 as follows: "SECTION 7.03. Jurisdiction. The municipal court shall have jurisdiction to: (1) Try and punish violations of this charter, all city ordinances, and such other violations as provided by law; (2) Try, hear, and abate nuisances as provided by the laws of this state; (3) Issue warrants for offenses committed within the limits of the city of Monroe, which warrants may be executed by any law enforcement officer of the city, and to commit offenders to incarceration as provided by law; (4) Punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both; 3686 JOURNAL OF THE SENATE (5) Punish for violations within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law; provided, however, that the municipal court shall have jurisdiction to try and dispose of cases as provided in Article 1 of Chapter 32 of Title 36 of the O.C.G.A. and Article 2 of Chapter 13 of Title 40 of the O.C.G.A., as now or hereafter amended; (6) Establish bail and recognizance to ensure the presence of those charged with violations before such court; (7) Probate, revoke, amend, remit, modify, alter, or suspend sentences imposed; (8) Compel the production of books, papers, and other evidence in the possession of any party with the same authority as magistrates of the state; (9) Compel the presence of witnesses or all parties necessary to a proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other process in cases within its jurisdiction arising under the laws of the State of Georgia or this charter or ordinances of the city with full power to enforce the same; (10) Enforce obedience to its orders, judgments, and sentences with the same authority as magistrates of the state; (11) Administer all oaths as are necessary with the same authority as magistrates of the state and take affidavits and attest other papers; (12) 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 authority to issue warrants for offenses against state laws committed within the city; and (13) Such other powers and duties as shall be provided by law or ordinance." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 51, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the 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 Beach Y Bethel Y Burke Y Butler Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay THURSDAY, MARCH 28, 2013 3687 Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Ligon Loudermilk Y Lucas Y McKoon Y Millar Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 51, nays 0. The bills on the Local Consent Calendar, except HB 457 and HB 484, having received the requisite constitutional majority, were passed. HB 457 and HB 484, having received the requisite constitutional majority, were passed by substitute. Senator Gooch of the 51st asked unanimous consent that HB 497, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 497, having been taken from the Table, was put upon its passage. HB 497. By Representatives Tanner of the 9th, Rogers of the 29th, Hamilton of the 24th, Burns of the 159th and Hawkins of the 27th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to revise provisions regarding the numbering and registration of vessels; to revise application procedures and expiration provisions; to revise a provision regarding exclusions and exemptions; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch of the 51st. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 497: 3688 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to revise provisions regarding the numbering and registration of vessels; to revise application procedures and expiration provisions; to revise a provision regarding exclusions and exemptions; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," is amended by revising Code Section 52-7-5, relating to the numbering of vessels, as follows: "52-7-5. (a) The owner of each vessel required to be numbered by this article shall file an application for number with the department on forms approved by it containing such information required by the department. Upon receipt of the completed application in approved form and any other required information and documents, the department shall enter the application upon its records and issue to the applicant a certificate of number stating the number assigned to the vessel, the name and address of the owner, and such additional information as may be prescribed by the department. (b)(1) The identification number assigned to all registered vessels, except those documented by the United States Coast Guard, must shall be permanently painted or attached to each side of the forward half of the vessel, and no other number may be displayed thereon. Numbers must shall read from left to right, be in block characters, be of a color contrasting with the background, and be not less than three inches in height nor more than one inch apart. There shall be a hyphen or space between the prefix letters and numerals and between the numerals and the suffix letters. The hyphen or space shall be equal to the width of any letter except I. (2) On vessels so configured that a number on the hull or superstructure would not be easily visible, the number must shall be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number will be clearly visible under normal operating conditions. (3) The numbers shall be maintained in a legible condition. (4) Vessels owned by manufacturers or dealers and being used as demonstrators or for testing may use the dealer's tag supplied with his or her registration in lieu of a permanently attached number. (5)(c) Expiration The decals shall be assigned by the department to all registered vessels. must Such decals shall be displayed one on each side of the bow preceding the prefix letters and maintained in legible condition. There shall be a hyphen or space separating each decal and the prefix letters. The hyphen or space which shall be equal to the width of any letter except I. THURSDAY, MARCH 28, 2013 3689 (c)(d) Applications shall be signed by the owner or owners of the vessel and shall be accompanied by the proper fee. Fees for numbering vessels for a registration period of three years shall be as follows: (1) Vessels up to 16 feet in length . . . . . . . . . . . . . . . . . . . $ 15.00 (2) Vessels 16 to 26 feet in length . . . . . . . . . . . . . . . . . . . 36.00 (3) Vessels 26 to 40 feet in length . . . . . . . . . . . . . . . . . . . 90.00 (4) Vessels 40 feet in length or longer . . . . . . . . . . . . . . . 150.00 (e)(1) Registration for vessels shall expire on the last day of the month of the owner's birth in the last year of the registration period and shall thereafter be of no force or effect unless renewed pursuant to this article; provided, however, that the registration for vessels not owned by individuals shall expire on December 31 of the last year of the registration period. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of such certificates. (2) Registrations may be renewed any time after October 1 prior to the year of expiration. If the certificate of number is allowed to expire, a renewal application may still be filed with the department so long as the applicant pays the registration fee prescribed in subsection (d) of this Code section along with a $10.00 late fee. (3) Any application for renewal which, due to failure of the applicant to provide additional information required by the department, remains incomplete 60 days after initial receipt of such application shall expire and a new application and registration fee shall be required for renewal. (d) Change of ownership. (1)(f) Should the ownership of a numbered vessel change while the a valid registration is in effect, a new application form with a transfer fee of $3.00 shall be filed the new owner shall file with the department, and a new certificate of number shall be issued to the new owner in the same manner as provided for in the original assignment of number. The number assigned shall be identical with the previous one. The year of expiration shall remain the same and the date of expiration shall be determined by the date of birth of the new owner a new application and pay the prescribed fee for a new registration. The number assigned upon transfer of ownership shall be identical to the previous number unless such number has been reassigned by the department during any expired registration period. (2) Should the transfer occur in the year of expiration after the month of the new owner's birth, the prescribed fee for the three-year registration must accompany the application form and the $3.00 transfer fee. (3) Should the ownership of a numbered vessel change after the registration has lapsed, a new application form with the prescribed fee for the three-year registration shall be filed with the department. A new certificate shall be issued to the new owner. Upon receipt by the department of a specific request from the new owner and payment of a fee of $3.00, the number assigned shall be identical with the previous 3690 JOURNAL OF THE SENATE one unless it has been reassigned during the lapsed period. If the number has been reassigned during the lapsed period, the new owner's fee shall be returned with the new certificate of registration. (e)(g) In the event that an agency of the United States government shall have in force an overall system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this article by the department shall be in conformity therewith. (f)(h) The department may issue any certificate of number, expiration decal, marine toilet certification, or other permit provided for in this chapter directly or may authorize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization to issue certificates of number, he or she may be allotted a block of numbers and certificates therefor which, upon assignment and issue in conformity with this article and with any rules and regulations of the department, shall be valid as if assigned and issued directly by the department. Any person acting as agent for the department may charge a fee for his or her services in an amount approved by the department not to exceed $10.00 per transaction. (g)(i) All records of the department made or kept pursuant to this Code section shall be public records. (h) After March 3, 1981, every certificate of number issued to previously unregistered vessels pursuant to this article shall continue in full force and effect for a period of three years unless sooner terminated or discontinued in accordance with this article. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of the certificates. (i)(1) Beginning in 1974, the certificate of number of all vessels owned by individuals shall expire on the last day of the month of the owner's birth in the last year of the registration period and after that date shall lapse and no longer be of any force and effect unless renewed pursuant to this article. (2) The certificate of number of all vessels owned by other than individuals shall expire on December 31 of the last year of the registration period and after that date shall lapse and no longer be of any force and effect unless renewed pursuant to this article. (3) Registrations may be renewed 60 days prior to the last day of the month of the owner's birth in the year of expiration. (j) The owner shall furnish the department written notice of the transfer of all or of any part of his or her interest, other than the creation of a security interest, in a vessel numbered in this state pursuant to this Code section, the theft or recovery of the vessel, or the destruction or abandonment of the vessel within 15 days thereof. (k) Any holder of a certificate of number shall notify the department in writing within 15 days if his or her address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the department with his or her new address. (l) No number other than the number validly assigned to a vessel shall be painted, attached, or otherwise displayed on either side of the forward half of the vessel. THURSDAY, MARCH 28, 2013 3691 (m)(1) A certificate of number once issued pursuant to this Code section shall be considered void upon the happening of any one of the following events: (A) The owner transfers all his or her interest in said vessel to another person or involuntarily loses his or her interest through legal process; (B) The vessel is destroyed or abandoned; (C) It is discovered by the department that the application submitted by the owner contains false or fraudulent information; (D) The fees for issuance are not paid by the applicant; or (E) The state of principal use is changed. (2) A void certificate must shall be surrendered to the department within 15 days from the date that it becomes or is declared to be void. (n) The number placed on the forward half of the vessel by the owner must shall be removed by the owner if: (1) The vessel is documented under the laws of the United States; (2) The certificate or number becomes invalid because it is determined that a false or fraudulent statement was made in the application or the fees have not been paid; or (3) The vessel is no longer used in this state. (o) The board shall be authorized to establish, by rule or regulation, a procedure to refund fees collected pursuant to this chapter which were collected in error or overpayment or to which the department or state is otherwise not entitled." SECTION 2. Said article is further amended in Code Section 52-7-6, relating to numbering of vessels and exceptions to numbering requirements, by revising paragraph (8) as follows: "(8) Operating temporarily by virtue of evidence that a recent an application for a certificate of number has been submitted within the previous 60 days; or" SECTION 3. Said article is further amended in Code Section 52-7-7, relating to numbering of dealers' vessels, by revising subsection (a) as follows: "(a) Any dealer may obtain certificates of number to be used only for the purpose of testing or demonstrating vessels owned by the dealer. The fee for the first certificate of number issued to any dealer for each vessel classification shall be the same fee as prescribed in subsection (c) (d) of Code Section 52-7-5 and the dealer may then be issued additional certificates of number for testing and demonstrating purposes at a reduced fee as provided by the board. The amount of the reduced fee shall be determined by the board and shall be a reasonable approximation of the cost of producing and distributing the certificates of number and may be changed from time to time." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 3692 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 497, having received the requisite constitutional majority, was passed by substitute. Senator McKoon of the 29th asked unanimous consent that HB 499, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 499, having been taken from the Table, was put upon its passage. HB 499. By Representatives Sheldon of the 104th, Lindsey of the 54th, Welch of the 110th, Williamson of the 115th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to THURSDAY, MARCH 28, 2013 3693 provide that payor guidelines and criteria under federal law shall not establish a legal basis for negligence or a standard of care for medical malpractice; 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 Beach Y Bethel Y Burke Y Butler N Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer Y Sims Y Staton Y Stone 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 49, nays 2. HB 499, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Brandon Beach Science and Technology District 21 Transportation 303-B Coverdell Legislative Office Building Economic Development Atlanta, GA 30334 Government Oversight 3694 JOURNAL OF THE SENATE Secretary of the Senate, The State Senate Atlanta, Georgia 30334 3-28-13 I would like to register my votes as follows: HB 497 - yes HB 499 - yes Supplemental Local Consent Calendar - yes Thank you, /s/ Brandon Beach District 21 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Unterman of the 45th asked unanimous consent that HB 332, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 332, having been taken from the Table, was put upon its passage. HB 332. By Representatives Williamson of the 115th, Hamilton of the 24th, Cooper of the 43rd, Watson of the 166th, Williams of the 119th 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 reconstitute the Georgia THURSDAY, MARCH 28, 2013 3695 Board of Nursing; to provide for membership; to provide for appointment of members; to define a certain term; to repeal the Georgia Board of Examiners of Licensed Practical Nurses; to provide effective dates; 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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 54, nays 0. HB 332, having received the requisite constitutional majority, was passed. The following bill was taken up to consider the Conference Committee Report thereto: HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to 3696 JOURNAL OF THE SENATE powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 142 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 142 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Mullis of the 53rd /s/ Senator Shafer of the 48th /s/ Senator Chance of the 16th /s/ Representative Golick of the 40th /s/ Representative O'Neal of the 146th /s/ Representative Meadows of the 5th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 142 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 change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to campaign disclosure reports; to change certain provisions relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to change certain provisions relating to lobbyist disclosure reports; to amend Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for THURSDAY, MARCH 28, 2013 3697 addressing improper conduct by members of the General Assembly, so as to change certain provisions relating to filing of complaints; 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 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 revising paragraph (7) of subsection (a) as follows: "(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such any rules and regulations as are specifically authorized in necessary and appropriate for carrying out the purposes of this chapter; provided, however, that the commission shall not require the reporting or disclosure of more information on any report than is expressly required to be reported or disclosed by this chapter, unless such information was required to be reported or disclosed by rules and regulations of the commission which were in effect as of January 1, 2013, so long as such rules and regulations do not conflict with this chapter; and" SECTION 2. Said chapter is further amended in Code Section 21-5-70, relating to definitions relative to public officers' conduct and lobbyist disclosure, by revising paragraphs (1) and (5) as follows: "(1) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; (B.1) Includes reimbursement or payment of actual and reasonable expenses exceeding $75.00 provided to a public officer from any individual lobbyist for transportation, travel, lodging, registration, food, and beverages, and other activities related to attending a meeting or conference so as to permit such public officer's participation in such meeting or conference; (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, tickets for admission to athletic, sporting, recreational, musical concert, or other entertainment events, or anything of value, unless consideration of equal or greater than face value is received; (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public 3698 JOURNAL OF THE SENATE employee or a member of the family of such public officer or public employee Includes reimbursement or payment of expenses for recreational or leisure activities; and (E) The term shall Does not include: anything defined in paragraph (4.1) of this Code section as a lobbying expenditure, the provisions of subparagraphs (A) through (D) of this paragraph notwithstanding." "(4.1) 'Lobbying expenditure' means: (i) The value of personal services performed by persons who serve voluntarily without compensation from any source; (ii) A gift received from a member of the public officer's family; (iii) Legal compensation or expense reimbursement provided to public employees and to public officers in the performance of their duties; (iv)(A) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia; (v)(B) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, or public service; (vi)(C) Legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession Discounts, upgrades, memberships, or other accommodations extended by a business to a bona fide customer; or legitimate salary, benefits, fees, commissions, or expenses associated with a recipient's nonpublic business, employment, trade, or profession; (vii) (D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An For purposes of this subparagraph, an agency shall also include the Georgia House of Representatives, the Georgia Senate, standing committees of such bodies and subcommittees of such bodies but not for more than one of such group events per committee per calendar year, caucuses of members of the majority or minority political parties of the House or Senate, other caucuses of the House or Senate as approved by the House Committee on Ethics or the Senate Ethics Committee, and the governing body of each political subdivision of this state; (viii) (E) Campaign contributions or expenditures as defined by Code Section 215-3 and reported as required by Article 2 of this chapter; (ix) A commercially reasonable loan made in the ordinary course of business; (x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities; or (xi) Transportation unless a lobbyist arranges for or participates in such transportation. (F) Reimbursement or payment of actual and reasonable expenses provided to a public officer and his or her necessary public employee staff members for such public officer's and staff members' individual transportation, lodging, travel, and registration for attending educational, informational, charitable, or civic meetings or conferences that are held at locations within the United States and directly relate to THURSDAY, MARCH 28, 2013 3699 the official duties of that public officer or the office of that public officer, plus food and beverages for such public officer, his or her necessary public employee staff members, and spouse while attending such educational, informational, charitable, or civic meetings or conferences; (G) Anything which: (i) Does not qualify as a lobbying expenditure under subparagraphs (A) through (F) of this paragraph; and (ii) Would qualify as an expenditure under subparagraph (B.1) of paragraph (1) of this Code section except that it does not exceed an amount or value of $75.00. (5) 'Lobbyist' means, subject to the qualifications at the end of this paragraph: (A) Any natural person who, either individually or as an employee of another person, is compensated receives or anticipates receiving more than $250.00 per calendar year in compensation or reimbursement or payment of expenses specifically for undertaking to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph Reserved; (D) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph; (G) Any natural person who, for compensation, either individually or as an employee of another person, is hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency but does not include any employee or independent contractor of the 3700 JOURNAL OF THE SENATE vendor solely on the basis that such employee or independent contractor participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency and shall not include a bona fide salesperson who sells to or contracts with a state agency for goods or services and who does not otherwise engage in activities described in subparagraphs (A) through (F) or (H) through (J)(I) of this paragraph; (H) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose the passage of any rule or regulation of any state agency; (I) Any natural person who, either individually or as an employee of another person, is compensated specifically for undertaking to promote or oppose any matter before the State Transportation Board; or (J) Any natural person who makes a total lobbying expenditure of more than $1,000.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material, to promote or oppose any matter before the State Transportation Board. The provisions of subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall apply only where the person in question spends more than 10 percent of his or her working hours engaged in the activities described in one or more of those subparagraphs. In the case of a person who is employed by a single employer, the 10 percent test shall be applied to all time worked for that employer. In the case of a person who is employed by more than one employer or retained by more than one client, the 10 percent test shall be applied separately with respect to time spent working for each employer and each client. A person who spends less than 10 percent of his or her time working for an employer or client engaged in such activities shall not be required to register as or be subject to regulation as a lobbyist for that employer or client. In applying the 10 percent test, time spent in planning, researching, or preparing for activities described in subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this paragraph shall be counted as time engaged in such activities. When registration is required, the time of registration shall be as provided in Code Section 21-5-71." SECTION 3. Said chapter is further amended by revising subsection (n) of Code Section 21-5-34, relating to campaign disclosure reports, as follows: "(n) The commission shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section Reserved." SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings THURSDAY, MARCH 28, 2013 3701 from the Secretary of State to the commission, as follows: "(g) The commission shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section Reserved." SECTION 5. Said chapter is further amended by revising Code Section 21-5-71, relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, as follows: "21-5-71. (a)(1) Subject to paragraphs (2) and (3) paragraph (2) of this subsection and except as otherwise provided by subsection (i) of this Code section, no person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person's sentence. The administration of this article is vested in the commission. (2) When a person is hired or retained as an employee or agent or independent contractor and under the agreement of the parties the primary duties, or a substantial part of the duties, of the person will involve lobbying activities, the person shall register as a lobbyist before commencing lobbying activities. (3) When paragraph (2) does not apply there shall be a lookback period of each calendar month for determining whether the 10 percent test of paragraph (5) of Code Section 21-5-70 has been met. If at the end of any month the 10 percent test has been met during that month, the person shall register as a lobbyist within five days after the last day of that month and shall in his or her initial disclosure report include all prior lobbying expenditures in that calendar year. (b) Each lobbyist who is required to register under this article shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain: (1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf; (6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of 3702 JOURNAL OF THE SENATE paragraph (5) of Code Section 21-5-70 attempting to influence rule making or purchasing by a state agency or agencies, the name of the state agency or agencies before which the applicant engages in lobbying; (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and (8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person's sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence. (c) The lobbyist shall, within seven days of prior to any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent. (f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees. (2)(A) The There shall be no charge for annual lobbyist registration or renewal filed pursuant to this Code section; provided, however, that the commission shall set, collect, and retain the following fees for the following items: (A)(i) Annual lobbyist registration or renewal filed pursuant to this Code section Lobbyist identification card issued pursuant to this Code section;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 (B)(ii) Lobbyist supplemental registration filed pursuant to this Code section; and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 (C)(iii) Each copy replacement of a lobbyist identification card issued pursuant to this Code section.. . . . . . . . . . . . . . . . . . . . . . 20.00 THURSDAY, MARCH 28, 2013 3703 (D)(B)(i) For reports filed when the General Assembly is not in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed. (ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (E)(C)(i) For reports filed when the General Assembly is in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the twenty-first day after the due date for such report if the report has not been filed. (ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1. (g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist, a color photograph of the lobbyist, and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner. (h) The commission shall regularly publish in print or electronically public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public. (i) The registration provisions of this Code section shall not apply to: (1) Any individual who expresses communicates personal views, interests, or professional opinions on that individual's own behalf, to any public officer; (1.1) An employee or independent contractor of a vendor who solely participates in 3704 JOURNAL OF THE SENATE soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential contract with a state or local government agency or a bona fide salesperson who sells to or contracts with a state or local government agency for goods or services, is not hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, and does not engage in other activities which would make such person a lobbyist; (2) Any person who appears before is invited by a public agency or governmental entity to appear before a committee or at a hearing of such agency or entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony when so long as such person is not otherwise required to comply with the registration provisions of this Code section clearly identifies himself or herself and the interested party on whose behalf he or she is testifying; (3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes is invited to furnish information upon the specific request of a public agency or governmental entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, so long as such person clearly identifies himself or herself and the interested party on whose behalf he or she furnishes such information; (3.1) Any individual who is not compensated for the specific purpose of lobbying, does not incur more than $250.00 per calendar year in reimbursable lobbying expenditures, and is a member, director, trustee, officer, or committee member of a business, trade, labor, farm, professional, religious, educational, or charitable association, foundation, or organization which employs or contracts with a registered lobbyist for the purpose of lobbying; (4) Any licensed attorney appearing on behalf of or representing a client in any adversarial proceeding before an agency of this state or any political subdivision of this state, and any staff employed by such attorney, when such attorney is not compensated for the specific purpose of lobbying; (5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying; (6) Elected public officers or appointed public officials performing the official duties of their public office or position; and (7) Any public employee, aide, or intern who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators. THURSDAY, MARCH 28, 2013 3705 SECTION 6. Said chapter is further amended by adding a new Code section to read as follows: "21-5-72.1. (a) No person who is required by the law of this state to register as a lobbyist shall meet at the state capitol, Coverdell Legislative Office Building, or other state government facility with any member of the General Assembly to discuss the promotion or opposition of the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the override of a veto unless such person either is wearing his or her valid official registered lobbyist badge or is a resident of the House or Senate district which such member represents. (b)(1) No person who is registered as a lobbyist under Code Section 21-5-71 shall make any expenditure. (2) No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section 21-5-71." SECTION 7. Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyist disclosure reports, as follows: "21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section in the electronic format specified by the commission. (b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor shall file a semimonthly disclosure report on the first and fifteenth day of each month, current through the end of the preceding report, beginning January 15 and continuing throughout the period that the General Assembly is in session. (c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution shall: (1) File a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and (2) File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any lobbying expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any lobbying expenditures relating to municipal affairs or independent 3706 JOURNAL OF THE SENATE school district affairs. (d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), (H), (I), or (J) of paragraph (5) of Code Section 21-5-70 required to register under this article and: (1) Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (2) As an employee of the executive branch or judicial branch of local government, lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 215-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (3) Lobbies to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency; or (4) Lobbies to promote or oppose any matter before the State Transportation Board shall file a monthly disclosure report, current through the end of the preceding period, on or before the fifth day of each month; provided, however, that such monthly reports shall not be filed during any period that the lobbyist files a semimonthly report pursuant to subsection (b) of this Code section. (e) Reports filed by lobbyists shall be verified and shall include: (1) A description of all lobbying expenditures, as defined in described in subparagraphs (D), (F), and (G) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf of or for the benefit of a public officer or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer by the lobbyist or employees of the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such lobbying expenditure. The description of each reported lobbying expenditure shall include: (A) The name and title of the public officer or public employee or, if the lobbying expenditure is simultaneously incurred for an identifiable group of public officers or public employees the individual identification of whom would be impractical, a general description of that identifiable group; (B) The amount, date, and description of the lobbying expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage tickets; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate lobbying expenditures described in divisions (1)(E)(vii) and (1)(E)(x) subparagraph (D) of paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided, however, that expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer or public employee shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph; (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the lobbying expenditure was made; and THURSDAY, MARCH 28, 2013 3707 (E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the lobbying expenditure was made; (1.1) In any case where lobbying expenditures are reported pursuant to subparagraph (A) of paragraph (1) of this Code section for an identifiable group not listed in subparagraph (D) of paragraph (1) of Code Section 21-5-70, the lobbyist shall certify on the disclosure report that no lobbying expenditure made on behalf of or for the benefit of any individual public officer exceeded $75.00. (2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and (3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70 required to register under this article and lobby to promote or oppose the passage of any rule or regulation of any state agency, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency. (f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections. (g) The electronic filing of any disclosure report required by this article shall constitute an affirmation that such report is true, complete, and correct. (h) The commission shall not require the reporting of any more information in a lobbyist disclosure report than is expressly required to be disclosed by this Code section Reserved. (i) All lobbyists shall have a grace period of three business days in filing all disclosure reports." SECTION 8. Code Section 45-10-91 of the Official Code of Georgia Annotated, relating to a method for addressing improper conduct by members of the General Assembly, is amended by revising subsection (a) as follows: "(a) Any person may file a complaint with the clerical officer of the appropriate chamber alleging improper conduct involving a member of the General Assembly. Any employee may file a complaint with the clerical officer of the appropriate chamber alleging sexual harassment by a member of the General Assembly. The clerical officer shall designate the place where such complaints may be filed, provide instruction 3708 JOURNAL OF THE SENATE necessary to properly submit a complaint, and prescribe forms for such complainants. Complaints shall be submitted in writing and verified under oath to the best information, knowledge, and belief of such person. The complaint shall include a statement by the complainant as to whether or not in filing the complaint he or she is acting as an agent, paid or otherwise, for any other person. Any person who knowingly provides false information in executing a complaint under this Code section commits the offense of false swearing within the meaning of Code Section 16-10-71." SECTION 9. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate adopt the Conference Committee Report on HB 142. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 56, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 142. THURSDAY, MARCH 28, 2013 3709 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Chance of the 16th was excused for business outside the Senate Chamber. Senator Tolleson of the 20th asked unanimous consent that HB 320, having been placed on the Table on Tuesday, March 26, 2013, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 320, having been taken from the Table, was put upon its passage. HB 320. By Representatives Harden of the 148th, Smith of the 70th, Tankersley of the 160th, Riley of the 50th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to categorically exempt currently existing and compliant inert waste landfill operations from regulatory permitting; to provide for additional permitting exemptions; to delete a cross-reference; to revise civil penalty provisions; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The Senate Natural Resources and the Environment Committee offered the following substitute to HB 320: 3710 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to exempt certain compliant inert waste landfills from additional regulatory permitting; to delete a crossreference; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; 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 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 12-8-24, relating to permits for solid waste handling activities, by adding a new subsection to read as follows: "(k) Any inert waste landfill owned and operated by a local government or authority which, as of January 1, 2014, has been certified by a professional engineer registered in accordance with Chapter 15 of Title 43 as being in full compliance with all permit by rule requirements established in the rules and regulations of the division as they existed on January 1, 2012, may continue to operate under such permit by rule requirements." SECTION 2. Said part is further amended in Code Section 12-8-27.1, relating to the solid waste trust fund, by revising subsection (a) as follows: "(a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-27, and Code Section Sections 12-8-30.6, and Code Section 12-8-40.1 may be expended by the director, with the approval of the board, for the following purposes: (1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility; (2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; (3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to THURSDAY, MARCH 28, 2013 3711 the identity or solvency of the owner thereof, commencing five years after the date of completing closure; and (4) To take such actions as may be necessary to implement the provisions of a scrap tire management program in this state, particularly as may be related to the cleanup of scrap tire disposal piles and facilities, regulation of scrap tire carriers and other handlers, and disbursement of grants and loans to cities, counties, and other persons as may be necessary to implement fully the provisions of this part." SECTION 3. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, is amended by revising paragraph (5) of subsection (c) as follows: "(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 1998 2013." SECTION 4. This Act shall become effective on July 1, 2013. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Gooch of the 51st, Wilkinson of the 50th, Miller of the 49th, Tolleson of the 20th and Chance of the 16th offered the following amendment #1: Amend the committee substitute to HB 320 by delete on line 14 "owned and operated by a local government or authority" On the adoption of the amendment, there were no objections, and the Gooch, et al. amendment #1 to the committee substitute was adopted. Senator Hill of the 32nd moved the previous question. There was no objection. 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. 3712 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 Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone 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. HB 320, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider the Conference Committee Report thereto: HB 143. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to change certain provisions relating to disclosure reports; 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 143 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 143 be adopted. THURSDAY, MARCH 28, 2013 3713 Respectfully submitted, FOR THE SENATE: /s/ Senator Mullis of the 53rd /s/ Senator Shafer of the 48th /s/ Senator Chance of the 16th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Golick of the 40th /s/ Representative O'Neal of the 146th /s/ Representative Wilkinson of the 52nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 143 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 change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to revise definitions relating to ethics in government; to change certain provisions relating to campaign contribution disclosure reports; to change certain provisions relating to filing campaign contribution disclosure reports; to change certain provisions relating to acceptance of contributions or pledges during legislative sessions; to change certain provisions relating to financial disclosure statement filings by public officers, filings by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission; 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 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by revising paragraph (19) of subsection (b) of Code Section 215-6, relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission, as follows: "(19) On a quarterly basis, to prepare, update, and publish in print or electronically a report and post such report on its website, listing the name of each filer required to file with the commission who has not filed the most recent campaign contribution disclosure report required by Code Sections 21-5-34 and 21-5-34.1, the financial disclosure statement required by Code Section 21-5-50, or the disclosure report required by Code Section 21-5-73 within 30 days of the date such report was due to be filed;" 3714 JOURNAL OF THE SENATE SECTION 2. Said chapter is further amended by revising paragraphs (18) and (22) of Code Section 215-3, relating to definitions, as follows: "(18) 'Ordinary and necessary expenses' shall include, but shall not be limited to, expenditures made during the reporting period for qualifying fees, office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, repayment of any loans received except as restricted under subsection (i) of Code Section 21-541, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, attorney fees connected to and in the furtherance of the campaign, and all other expenditures contemplated in Code Section 21-5-33." "(22) 'Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board, commission, council, or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official." SECTION 3. Said chapter is further amended by revising Code Section 21-5-34, relating to campaign contribution disclosure reports, as follows: "21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, state-wide proposed question, or state-wide referendum shall electronically sign and file with the commission the required campaign contribution disclosure reports; provided, however, that public offices listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 shall be subject to signing and filing requirements as prescribed by paragraph (3) or (4) of this subsection, and recalls for such offices shall be subject to signing and filing requirements the same as required of candidates for such offices as prescribed by paragraph (3) or (4) of this subsection. (B) The chairperson or treasurer of each independent committee shall file the required disclosure reports with the commission. THURSDAY, MARCH 28, 2013 3715 (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state shall register with the commission and file campaign contribution disclosure reports as prescribed by this chapter or, in the case of any proposed question which is to appear on the ballot in a county or municipal election, shall register and file campaign disclosure reports with the same officials as prescribed by paragraph (3) or (4) of this subsection for candidates for county or municipal offices; provided, however, that such reports shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums shall identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report with the commission under subparagraph (A) of this paragraph, such report shall be electronically filed with the commission. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the election year. (3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required disclosure reports with the election superintendent in the county of election. Upon receipt of any such report, the election superintendent shall cause such report to be available for inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each such report to the commission, electronically by eFiling or eFax, not later than 30 days after the end of the grace period. No fine, fee, or sanction, including but not limited to identifying a candidate as having filed late or failed to file, shall be imposed by the commission on a candidate for the failure of the election superintendent to timely transmit a copy of such report. (4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required disclosure reports with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality; provided, however, that a municipality and a county may enter into an agreement whereby such candidates, chairpersons, or treasurers shall file the required disclosure reports with the county election superintendent instead. Upon receipt of any such report, the municipal clerk, chief executive officer of the municipality, or county election superintendent, as applicable, shall cause such report to be available for inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The municipal clerk, chief executive officer of the municipality, or county election superintendent, as applicable, shall transmit a copy of each such report to the commission, electronically by eFiling or eFax, not later than 30 days after the end of the grace period. No fine, fee, or sanction, including but not limited 3716 JOURNAL OF THE SENATE to identifying a candidate as having filed late or failed to file, shall be imposed by the commission on a candidate for the failure of the municipal clerk, chief executive officer of the county, or county election superintendent to timely transmit a copy of such report. (b)(1) All reports shall list the following: (A) As to any contribution of more than $100.00, its amount and date of receipt, the election for which the contribution has been accepted and allocated, along with the name and mailing address of the contributor, and, if the contributor is an individual, that individual's occupation and the name of his or her employer. Such contributions shall include, but shall not be limited to, the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund-raising events coordinated for the purpose of raising campaign contributions for the reporting person; (B) As to any expenditure of more than $100.00, its amount and date of expenditure, the name and mailing address of the recipient receiving the expenditure, and, if that recipient is an individual, that individual's occupation and the name of his or her employer and the general purpose of the expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures shall be reported for an election cycle as follows: (i) The first report of an election cycle shall list the cash on hand brought forward from the previous election cycle, if any, and the total contributions received during the period covered by the report; (ii) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the election cycle; (iii) The first report of an election cycle shall list the total expenditures made during the period covered by the report; (iv) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the election cycle, and net balance on hand; and (v) If a public officer seeks reelection to the same public office, or if the public officer is a member of the General Assembly seeking reelection in another district as a result of redistricting, the net balance on hand at the end of the current election cycle shall be carried forward to the first report of the applicable new election cycle; (E) The corporate, labor union, or other affiliation of any political action committee THURSDAY, MARCH 28, 2013 3717 or independent committee making a contribution of more than $100.00; (F) Any investment made with funds of a campaign committee, independent committee, or political action committee and held outside such committee's official depository account during each reporting period for which an investment exists or a transaction applying to an identifiable investment is made. The report shall identify the name of the entity or person with whom such investment was made, the initial and any subsequent amount of such investment if such investment was made during the reporting period, and any profit or loss from the sale of such investment occurred during such reporting period; and (G) Total debt owed on the last day of the reporting period. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $100.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively equal or exceed $100.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on January 31 and June 30 and December 31; (2) In each election year: (A) On March 31 January 31, June 30, September 30, and October 25, and December 31; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any election for which the candidate is qualified and the date of such election, all contributions of $1,000.00 or more shall be reported within two business days of receipt to the commission and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is a candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within two business days. Reports required to be filed within two business days of a contribution shall be reported by facsimile or electronic transmission to the commission. Any facsimile filing shall also have an identical electronic filing within five business days following the transmission of such facsimile filing. Each report required in the election year shall contain cumulative 3718 JOURNAL OF THE SENATE totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of more than $100.00, such candidate shall only be required to make the initial and final report as required under this chapter. (d.1)(1) In the event a candidate for nomination or election to a public office listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of a campaign committee organized to bring about the nomination or election of such candidate signs and files with the appropriate official specified by paragraph (3) or (4) of subsection (a) of this Code section a written notice on the date of such candidate's qualifying that such candidate or campaign committee does not intend to accept during the calendar year of such qualifying a combined total of contributions exceeding $2,500.00 for the campaign nor make a combined total of expenditures exceeding $2,500.00 for the campaign in such calendar year, then such candidate or campaign committee shall not be required to file a report under this Code section. The appropriate official shall transmit an electronic copy of the written notice by eFiling or eFax to the commission not later than ten days after the close of qualifying. The failure of the appropriate official to timely transmit such copy of the written notice to the commission shall not disqualify the candidate or campaign committee from the exemption from report filing provided by this paragraph. (2) If such candidate or campaign committee exceeds the $2,500.00 limit for either accepting contributions or making expenditures for such campaign during the calendar year of such qualifying as specified in paragraph (1) of this subsection but does not accept a combined total of contributions exceeding $5,000.00 in such calendar year nor makes expenditures exceeding $5,000.00 in such calendar year, then such candidate or campaign committee shall be required to file only the June 30 and October 25 reports required by paragraph (2) of subsection (c) of this Code section. The first such report shall include all contributions received and expenditures made beginning January 1 of such calendar year. (3) If such candidate or campaign committee accepts a combined total of contributions exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign during the calendar year of qualifying, then such candidate or campaign committee chairperson or treasurer shall thereupon be subject to the reporting requirements of this Code section the same as if the written notice authorized by this subsection had not been filed on the date of qualifying. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports with the commission at the same times as required of the candidates they are THURSDAY, MARCH 28, 2013 3719 supporting. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates' campaign committees in one calendar year; (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $25,000.00 or less in one calendar year; and (3) Contributors who make contributions to only one candidate during one calendar year. (f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall register with the commission prior to accepting contributions or making expenditures and shall file disclosure reports with the commission as follows: (A) On the first day of each of the two calendar months preceding any such election; (B) Two weeks prior to the date of such election; and (C) Within the two-week period prior to the date of such election the independent committee shall report within two business days any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the election year and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of more than $100.00; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of more than $100.00 is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows: (i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of more than $100.00. (3) Whenever any independent committee makes an expenditure for the purpose of 3720 JOURNAL OF THE SENATE financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the commission as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; and (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the commission 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the election year. (i)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the election cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied. (j) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign THURSDAY, MARCH 28, 2013 3721 contribution disclosure reports under this Code section. (k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00 shall be imposed by the person or entity with which filing is required for each report that is filed late, and notice of such late fee shall be sent to the candidate and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and in the same manner by which the penalized report was filed with the commission. However, if the report in question was not filed or was filed with the commission in a manner other than electronic filing or certified mail, return receipt requested, the commission shall utilize certified mail, return receipt requested, to notify the candidate and the candidate's committee of the late fee due. The notice shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed by such date; provided, however, that a 15 day extension period shall be granted on the final report. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if such report has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means does not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph. (2) The commission shall retain $25.00 of the first late fee received by the commission for processing pursuant to the provisions of Code Section 45-12-92.1. (l) It shall be the duty of the commission or other official when it receives for filing any disclosure report or statement or other document that may be filed by mail to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due. (m) Except when electronic filing is required, the mailing of such reports by United States mail with adequate postage affixed within the required filing time as determined by the official United States postage date cancellation shall be prima-facie evidence of filing. Any person or entity which is required to be registered with the commission under this Code section shall file a termination statement together with its final campaign contribution disclosure report as required by this Code section within ten days of the dissolution of a campaign or committee. The termination statement shall identify the person responsible for maintaining campaign records as required by this chapter. (n) The Neither the commission nor any other official shall not require the reporting of any more information in a campaign contribution disclosure report than is expressly required to be disclosed by this Code section." SECTION 4. Said chapter is further amended by revising Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports, as follows: 3722 JOURNAL OF THE SENATE "21-5-34.1. (a) Candidates, candidate committees, and public officers who are required to file campaign contribution disclosure reports with the commission shall use electronic means to file such reports with the commission using means prescribed by the commission to file such reports. (b) The electronic filing of any campaign disclosure report required under this article shall constitute an affirmation that such report is true, complete, and correct. (c) Candidates seeking election to county or municipal offices may use electronic means to file their campaign contribution disclosure reports with the commission if such method is made available or may file by certified mail, or statutory overnight delivery, or personal delivery. (d) Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports if such method is made available. with the commission upon having raised or spent $5,000.00 in a calendar year, and no paper copy of the report shall be filed. Under that threshold, electronic filing is permitted and encouraged but not required. (e) The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct." SECTION 5. Said chapter is further amended by revising Code Section 21-5-35, relating to acceptance of contributions or pledges during legislative sessions, as follows: "21-5-35. (a) No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall seek or accept a contribution or a pledge of a contribution to the member, the member's campaign committee, or public officer elected state wide, or campaign committee of such public officer during a legislative session. (b) Subsection (a) of this Code section shall not apply to: (1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donor's agent; (2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session; (3) The receipt of a contribution by a political party consisting of the proceeds from a dinner, luncheon, rally, or similar fundraising event in which a member of the General Assembly or a public officer elected state wide participates; or (4) A judicial officer elected state wide, a candidate for a judicial office elected state wide, or a campaign committee of such judicial officer or candidate." SECTION 6. Said chapter is further amended by revising Code Section 21-5-50, relating to financial disclosure statement filings by public officers, filings by candidates for public office, THURSDAY, MARCH 28, 2013 3723 filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the Georgia Government Transparency and Campaign Finance Commission, as follows: "21-5-50. (a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (D), (F), and (G) of paragraph (22) of Code Section 21-53, shall file with the commission not before the first day of January nor later than July 1 of each year in which such public officer holds office other than an election year a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (D), (F), and (G) of paragraph (22) of Code Section 21-5-3, shall file with the commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file a financial disclosure statement pursuant to this Code section. Each such public officer shall, however, be deemed to be a public official for purposes of Code Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code Section 45-10-26. In addition, each such public officer shall file with the commission, prior to January 31 each year, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. (3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, who serves as a member of the commission shall be subject to the requirements for filing financial disclosure statements set forth in paragraph (1) of this subsection. In addition, each such public officer shall file with the commission, together with the financial disclosure statement, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. (3.1) A public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, shall make filings of the same kind and in the same manner as provided in paragraph (1) of this subsection for other public officers except that filings under this paragraph shall be made with the election superintendent of the county in the case of public officers as defined in said subparagraph (F) and shall be made with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality in the case of public officers as defined in said subparagraph (G). The election superintendent, municipal clerk, or chief executive officer, as applicable, shall transmit, electronically by eFiling or eFax, a copy of each such report to the commission not later than 30 days after the close of the reporting period. No fine, fee, or sanction, including but not limited to identifying a public officer as having filed late or failed to file, shall be imposed by the commission on the public officer for the failure of the election superintendent, 3724 JOURNAL OF THE SENATE municipal clerk, or chief executive officer to timely transmit a copy of such report. (4) Each member of the State Transportation Board shall file a financial disclosure statement for the preceding calendar year no later than the sixtieth day following such member's election to the State Transportation Board. Thereafter, each board member shall file by January 31 of each year a financial disclosure statement for the preceding year. In addition, each board member shall file with the commission, prior to January 31 of each year, an affidavit confirming that such board member took no official action in the previous calendar year that had a material effect on such board member's private financial or business interests. (5) The commission or the applicable official under paragraph (3.1) of this subsection shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (6) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in an election year if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this paragraph, a public officer shall not be deemed to hold office in a year in which the public officer holds office for fewer than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee or honorarium which is accepted by a filer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the filer or the office of the public officer, with a statement identifying the fee or honorarium accepted and the person from whom it was accepted; (2) All fiduciary positions held by the candidate for public office or the filer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address, and principal activity of any business entity or investment, exclusive of the names of individual stocks and bonds in mutual funds, and the office held by and the duties of the candidate for public office or filer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which: (A) Is more than 5 percent of the total interests in such business; or (B) Has a net fair market value of $5,000.00 or more; (4)(A) Each tract of real property in which the candidate for public office or filer has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value of $5,000.00 or more. As used in this paragraph, the term 'fair market' value means the appraised value of the property for ad valorem tax purposes. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $5,000.00 and $100,000.00; (ii) $100,000.01 and $200,000.00; or (iii) more than $200,000.00. (B) Each tract of real property in which the candidate for public office's spouse or THURSDAY, MARCH 28, 2013 3725 filer's spouse has a direct ownership interest as of December 31 of the covered year when that interest has a fair market value of $5,000.00 or more. The disclosure shall contain the county and state, general description of the property, and whether the fair market value is between (i) $5,000.00 and $100,000.00; (ii) $100,000.01 to $200,000.00; (iii) or more than $200,000.00; (5) The filer's occupation, employer, and the principal activity and address of such employer; (6) The filer's spouse's name, occupation, employer, and the principal activity and address of such employer; (7) If the filer has actual knowledge of such ownership interest, the name of any business or subsidiary thereof or investment, exclusive of the individual stocks, bonds, or mutual funds, as of December 31 of the covered year in which the filer's spouse or dependent children, jointly or severally, own a direct ownership interest which: (A) Is more than 5 percent of the total interests in such business or investment, exclusive of the individual stocks and bonds in mutual funds; or (B) Has a net fair market value of more than $10,000.00 or in which the filer's spouse or any dependent child serves as an officer, director, equitable partner, or trustee; and (8) All annual payments in excess of $10,000.00 received by the filer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments. (c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself or herself) shall file with the commission, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his or her notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years: (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a 3726 JOURNAL OF THE SENATE calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4) As used in this subsection, the term: (A) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (B) 'Financial statement' means a statement of a candidate's financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (C) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying. (d) All state-wide elected officials and members of the General Assembly shall file financial disclosure statements electronically with the commission. Local officials referred to in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 may file electronically if such method is made available or may file by certified mail, or statutory overnight delivery, or personal delivery. Except when electronic filing is required, the mailing of the notarized financial disclosure statement by United States mail with adequate postage affixed within the required filing time as determined by the official United States postage date cancellation shall be prima-facie evidence of filing. (e) The electronic filing of any financial disclosure statement required under this article THURSDAY, MARCH 28, 2013 3727 shall constitute an affirmation that the statement is true, complete, and correct. (f)(1) In addition to other penalties provided in this chapter, a late fee of $125.00 shall be imposed by the person or entity with which filing is required for each financial disclosure statement that is filed late, and notice of such late fee shall be sent to the board member, candidate, and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and in the same manner by which the penalized report was filed with the commission. However, if the report in question was not filed or was filed with the commission in a manner other than electronic filing or certified mail, return receipt requested, the commission shall use certified mail, return receipt requested, to notify the candidate and the candidate's committee of the late fee due. The notice shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such statement if such statement has not been filed. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such statement if the statement has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means shall not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph. (2) The commission shall retain $25.00 of the first late fee received by the commission for processing pursuant to the provisions of Code Section 45-12-92.1. (g) Neither the The commission nor any other official shall not require the reporting of any more information in a financial disclosure statement than is expressly required to be disclosed by this Code section." SECTION 7. This Act shall become effective on January 1 next following the date this Act is approved by the Governor or becomes law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd moved that the Senate adopt the Conference Committee Report on HB 143. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay 3728 JOURNAL OF THE SENATE Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 54, nays 1; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 143. The following communication was received by the Secretary: Committees: Senator John D. Crosby Banking and Financial Institutions District 13 Ethics 302-A Coverdell Legislative Office Building Judiciary Atlanta, GA 30334 Appropriations Judiciary Non-Civil The State Senate Atlanta, Georgia 30334 Let the record show that I intended to vote yes for Conference Committee report 143. 3-28-13 By /s/ John D. Crosby The following bill was taken up to consider House action thereto: HB 193. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the O.C.G.A., relating to exemptions from sales and use tax, so as to provide a new exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit THURSDAY, MARCH 28, 2013 3729 health centers; to provide a new exemption for a limited period of time with respect to certain nonprofit volunteer health clinics; to provide a new exemption for a limited period of time with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption for a limited period of time with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 193 (LC 34 3870S) by deleting lines 1 through 3 and inserting in lieu thereof the following: To amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding state sales and use taxes, so as to change a certain definition; to amend Code Section 48-8-271 of the Official Code of Georgia Annotated, relating to definitions regarding the "Georgia Tourism Development Act," so as to change a certain definition; to amend Code Section 48-8-3 of the Official By inserting after "organization;" on line 15 the following: to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to distribution and use of proceeds, certificate specifying percentage of proceeds for each political subdivision, determination of proceeds for absent municipalities, procedure for filing certificates, effect of failure to file, and renegotiation of certificate, so as to provide for the filing of a certificate providing for the distribution of local option sales and use tax proceeds following certain judicial review; By deleting lines 19 through 60 and inserting in lieu thereof the following: Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding state sales and use taxes, is amended by revising paragraph (10) as follows: "(10) 'Delivery charges' means charges by the seller of personal property or services for preparation and delivery to a location designated by the purchaser of personal property or services including, but not limited to, transportation, shipping, postage, handling, crating, and packing. Delivery charges shall not include postage charges for the delivery of direct mail when the postage charge is passed on dollar-for-dollar without being marked up to the purchaser of the direct mail and separately stated on an invoice or other similar billing document given to the purchaser." SECTION 1.1. Code Section 48-8-271 of the Official Code of Georgia Annotated, relating to definitions regarding the "Georgia Tourism Development Act," is amended by revising paragraph (7) as follows: "(4)(7) 'Incremental sales and use tax' means those state and local sales and use taxes 3730 JOURNAL OF THE SENATE remitted to the state that were generated by the tourism attraction project above the amount of such sales and use taxes generated by the previous use of the property on which such project is located except as otherwise provided in Code Section 48-8-278 sales to the general public at the approved tourism attraction from the date on which construction of the expansion project is completed through the end of the calendar year immediately preceding the date of filing the incremental sales and use tax refund claim, less the state and local sales and use taxes that were generated by sales to the general public at the approved tourism attraction during the 12 month period immediately preceding the commencement of construction of the expansion project." By inserting between lines 117 and 118 the following: SECTION 2.1. Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to distribution and use of proceeds, certificate specifying percentage of proceeds for each political subdivision, determination of proceeds for absent municipalities, procedure for filing certificates, effect of failure to file, and renegotiation of certificate, is amended in paragraph (4) of subsection (d) by adding a new subparagraph to read as follows: "(G) Notwithstanding any provision in this Code section to the contrary, any county or qualified municipality whose distribution certificate is subject to a determination by a superior court in accordance with this paragraph shall have 120 days from the conclusion of such process, including time for appeal, if any, to file a new certificate with the commissioner if a certificate has not been previously filed." By deleting line 119 and inserting in lieu thereof the following: (a) This section and Sections 1, 2, 2.1, and 4 of this Act shall become effective July 1, 2013. (b) Section 1.1 of this Act shall only become effective if HB 318 becomes law on or before July 1, 2013. Senator Golden of the 8th moved that the Senate agree to the House amendment to the Senate substitute to HB 193. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Harbison Y Harper N Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton THURSDAY, MARCH 28, 2013 3731 Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Stone Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 52, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 193. The following bill was taken up to consider House action thereto: HB 514. By Representatives Randall of the 142nd, Peake of the 141st, Dickey of the 140th and Epps of the 144th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in 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 514 (LC 21 2235S) by replacing lines 1 through 136 with the following: To amend an Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), so as to remove the City of Payne City from such consolidated charter to reflect the decision of electors of such city not to become a part of the consolidated government; to change provisions relative to initial budgets; to provide for the first 12 month budget; to provide for the terms of certain boards, commissions, and authorities; to provide for transition of membership and appointing authority; to provide for membership on the transition task force; to provide for a change in an effective date; to repeal conflicting laws; and for other purposes. 3732 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled "An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County," approved April 20, 2012 (Ga. L. 2012, p. 5595), is amended by revising Section 1 as follows: "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, such restructuring of the governments of the City of Macon 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 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 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 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 corporation known as the City of Macon shall be merged into the said new political entity created in THURSDAY, MARCH 28, 2013 3733 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, excluding the geographic area encompassed within the boundaries of the City of Payne City. Any portion of the City of Macon as it exists on December 31, 2013, which extends in to any other 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. Said Act is further amended by revising Section 2 as follows: "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 or Bibb County, or both 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 3734 JOURNAL OF THE SENATE 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. (g) Local Acts of the State of Georgia which apply specifically to Bibb County or the City of Macon, or both 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 or the City of Macon, or both collectively, the following terms as used in such laws shall be construed to include the restructured government: (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) This charter and all ordinances and resolutions passed pursuant thereto; and (7) Existing ordinances and resolutions of the former City of Macon and existing ordinances and resolutions of the former Bibb County 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 THURSDAY, MARCH 28, 2013 3735 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, 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. Said Act is further amended by revising Section 3 as follows: "SECTION 3. (a) Prior to the effective date of this charter, all powers vested in Bibb County or the City of Macon 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, and the offices of all members thereof shall stand abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Bibb County and the City of Macon 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 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 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. Said Act is further amended by revising Section 4 as follows: 3736 JOURNAL OF THE SENATE "SECTION 4. (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon or Bibb County or for their 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 or Bibb County or its departments or agencies shall be abated or otherwise affected by the adoption of this charter. (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 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. Said Act is further amended by revising Section 5 as follows: "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 and Bibb County and to any general laws, local laws, or constitutional provisions applicable or effective within the former City of Macon 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. Said Act is further amended by revising subsections (a) and (d) of Section 9 as follows: "(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'; provided, however, that such described districts THURSDAY, MARCH 28, 2013 3737 shall not include the city limits of the City of Payne City." "(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) At the time of their election, be citizens of the United States, shall be at least 21 years of age, have been a citizen of this state for at least two years, and have been a legal resident of the territory embraced within the commissioner district from which elected for at least one year; provided, however, that for purposes of qualifying for the initial elections under this charter, and for any subsequent newly described districts resulting from redistricting, a candidate must only be a resident of the commissioner district on the day of qualifying." SECTION 7. Said Act is further amended by revising subsection (a) of Section 10 as follows: "(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 commission of the City of Macon 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 all elections for the mayor and the members of the commission shall be conducted pursuant to this charter." SECTION 8. Said Act is further amended by revising Section 21 as follows: "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 3738 JOURNAL OF THE SENATE purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) 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. (c) 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." SECTION 9. Said Act is further amended by revising Section 23 as follows: "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 and Bibb County. The City of Macon and Bibb County shall adopt budgets for the period from July 1, 2013, and the date the consolidated government becomes effective. The finance departments of such entities shall develop a proposed budget for the consolidated government from the date such government is effective and the end of fiscal year 2014. (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 and Bibb County, plus any funds required by accounting standards to be dissolved and made part of the general fund and any 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. (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 THURSDAY, MARCH 28, 2013 3739 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 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." SECTION 10. Said Act is further amended by revising Section 24 as follows: "SECTION 24. (a) 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. (b) It is the purpose of this section that property shall be subject to taxation in relation to services received. (c) Within four years of the effective date of this charter, the restructured government shall adopt a service delivery plan." SECTION 11. Said Act is further amended by revising Section 25 as follows: "SECTION 25. (a) All employees and former employees of Bibb County 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 by the board of commissioners of Bibb County or the mayor and commission of the City of Macon. 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 3740 JOURNAL OF THE SENATE 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, Bibb County, or of any agency of such former governments." SECTION 12. Said Act is further amended by revising subsection (e) of Section 30 as follows: "(e) Except as provided by this charter or prohibited by the general laws of this state, 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 shall serve out the term of office to which such members were 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 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." SECTION 13. Said Act is further amended by revising subsections (a) and (c) of Section 31 as follows: "(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 judgment upon the qualifications of applicants and candidates for promotion; provided, however, that eligible personnel of the city police department shall be covered by the Bibb County Police Civil Service System established by an Act approved March 5, 1955 (Ga. L. 1955, p. 682), as now or THURSDAY, MARCH 28, 2013 3741 hereafter amended. 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." "(c) It is the intent of the General Assembly that as many employees of Bibb County and the City of Macon 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 14. Said Act is further amended by revising Section 33 as follows: "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.' (b) Where the enabling legislation or ordinance of a board, commission, retirement committee, or authority calls for a membership position or appointment authority for the mayor of the City of Macon, Chairperson of the Board of Commissioners of Bibb County, or the Board of commissioners of Bibb County, the term: (1) 'Mayor of the City of Macon' shall be construed to refer to the mayor of MaconBibb County; (2) 'Chairperson of the Board of Commissioners of Bibb County' shall be construed to mean the mayor of Macon-Bibb County; (3) 'City Council of the City of Macon' and 'Board of Commissioners of Bibb County' shall be construed to refer to the Macon-Bibb County Commission; (4) 'City councilmember' shall be construed to refer to members of the Macon-Bibb County Commission; and (5) 'President of the Macon City Council' shall be construed to refer to the mayor pro tem of Macon-Bibb County. (c) Except as otherwise provided in this charter or applicable state law, 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 for original appointment, except as otherwise provided in this charter or by applicable state law. 3742 JOURNAL OF THE SENATE (d) Except as otherwise provided in this charter or applicable state law, 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) Except as otherwise provided in this charter or applicable state law, members of all boards, commissions, and authorities of the restructured government shall serve fouryear 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) Except as otherwise provided in this charter or applicable state law, 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. (g) Except as otherwise provided in this charter or applicable state law, 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 15. Said Act is further amended in Section 34 by revising the introductory language as follows: "All officers, officials, and employees of the former City of Macon and Bibb County shall cooperate with and assist the commission, mayor, and other officers of MaconBibb County:" SECTION 16. Said Act is further amended by revising Section 36 as follows: "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 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 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 to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to THURSDAY, MARCH 28, 2013 3743 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 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 17. Said Act is further amended by revising paragraph (6) of subsection (a) and subsections (c) and (d) of Section 37 as follows: "(6) The president of the Bibb County Chamber of Commerce or his or her designee;" "(c) All officers, officials, including elected officials, and employees of Bibb County and the City of Macon 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 and the City of Macon and all officers, officials, and employees and departments thereof. Bibb County and the City of Macon 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 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." SECTION 18. Said Act is further amended by revising subsection (b) of Section 41 as follows: "(b) Except as provided in Section 39 of this Act, the remaining provisions of this Act shall become effective on January 1, 2014." SECTION 19. All laws and parts of laws in conflict with this Act are repealed. Senator Staton of the 18th moved that the Senate agree to the House amendment to the Senate substitute to HB 514. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Miller Mullis Murphy N Orrock N Ramsey Seay 3744 JOURNAL OF THE SENATE Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Shafer Sims Y Staton Y Stone N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Wilkinson Y Williams On the motion, the yeas were 35, nays 14; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 514. The following bill was taken up to consider House action thereto: SB 136. By Senators Miller of the 49th, Unterman of the 45th, Murphy of the 27th, Sims of the 12th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Title 27 and Chapter 7 of Title 52 of the O.C.G.A., relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 27 and Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to game and fish and to registration, operation, and sale of watercraft, respectively, so as to provide greater public protection for hunting and boating; to harmonize provisions relating to hunting, boating, and driving under the influence of alcohol, toxic vapors, or drugs; to provide for short titles; to change provisions relating to rules and regulations used to establish criminal violations for hunting; to change provisions relating to hunting under the influence; to change provisions relating to required equipment for children on vessels and lighting; to change provisions relating to operating vessels and personal watercraft; to change provisions relating to operation of watercraft and operating watercraft while under the influence of alcohol, toxic vapors, or THURSDAY, MARCH 28, 2013 3745 drugs; to change provisions relating to ordering drug or alcohol testing; to change provisions relating to suspension of an operator's privilege to operate a vessel in this state; to change provisions relating to boating education courses in this state; to change provisions relating to rules and regulations used to establish criminal violations for registration, operation, and sale of watercraft and displaying watercraft information; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Sections 5, 6, and 11 of this Act shall be known and may be cited as the "Kile Glover Boat Education Law," and Sections 8, 9, and 10 of this Act shall be known and may be cited as the "Jake and Griffin Prince BUI Law." SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, as follows: "27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013." SECTION 3. Said title is further amended in Code Section 27-3-7, relating to hunting under the influence of alcohol or drugs, by revising paragraph (4) of subsection (b), subsection (f), and paragraph (2) of subsection (g) and by adding three new subsections to read as follows: "(4) The person's alcohol concentration is 0.10 0.08 grams or more at any time within three hours after such hunting from alcohol consumed before such hunting ended; or" "(f) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person hunting in violation of subsection (b) of this Code section, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time a blood alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; (2) If there was at that time a blood alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person 3746 JOURNAL OF THE SENATE was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and (3) If there was at that time a blood alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and (4)(3) If there was at that time or within three hours after hunting, from alcohol consumed before such hunting ended, a blood alcohol concentration of 0.10 0.08 or more grams, the person shall be in violation of paragraph (4) of subsection (b) of this Code section." "(2) At the time a chemical test or tests are requested, the arresting officer shall read to the person the following implied consent warning: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing and you are convicted of hunting while under the influence of alcohol or drugs, your privilege to hunt in this state will be suspended for a period of two years. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you consent to the test, the results may be offered into evidence against you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more or the presence of any illegal drug, your privilege to hunt in this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'" "(j) Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of this Code section if the evidence was obtained by voluntary consent or a search warrant as authorized by the Constitution or the laws of this state or the United States. (k) Upon the request of a law enforcement officer, if a person consents to submit to a chemical test designated by such officer as provided in subsection (g) of this Code section, and the results of such test indicate an alcohol concentration of 0.08 grams or more, upon a conviction of a violation of paragraph (4) of subsection (b) of this Code section, in addition to any other punishment imposed, such person's privileges to hunt in this state shall be suspended by operation of law for a period of one year. Even if such person did not possess a valid hunting license at the time of the violation, such person's hunting privileges shall be suspended for one year. (l) Following the period of suspension set forth in subsection (i) or (k) of this Code section, such person may apply to the department for reinstatement of his or her hunting privileges. Any suspension pursuant to this Code section shall remain in effect until THURSDAY, MARCH 28, 2013 3747 such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00." SECTION 4. Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, is amended by revising paragraph (3) of subsection (d) of Code Section 52-7-8, relating to classification of vessels and required equipment, as follows: "(3) No person shall operate a moving vessel upon the waters of this state with a child under the age of ten 13 years on board such vessel unless the such child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel." SECTION 5. Said chapter is further amended by revising subsections (a), (c), (l), and (m) of Code Section 52-7-8.2, relating to restrictions on operation of personal watercraft, as follows: "(a) As used in this Code section, the term: (1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) 'Class A vessel' means a boat less than 16 feet in length. (3)(2) 'Personal watercraft' means a Class A vessel which: (A) Has an outboard motor or which has an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion; (B) Is designed with the concept that the operator and passenger ride on the outside surfaces of the such vessel as opposed to riding inside the such vessel; and (C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard. Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessels vessel commonly known as a 'jet ski.' (4) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility." "(c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years Reserved." 3748 JOURNAL OF THE SENATE "(l) On and after June 1, 1995, no No person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years of age may operate a personal watercraft if he or she is accompanied by an adult age 18 years of age or over older or he or she has successfully completed a personal watercraft safety program boating education course approved by the department or is under direct supervision by an adult age 18 or over. The department may, but shall not be required to, conduct or provide personal watercraft safety boating education courses to the public. (m) On and after July 1, 1995, it It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft." SECTION 6. Said chapter is further amended by revising Code Section 52-7-8.3, relating to operation of watercraft, as follows: "52-7-8.3. (a) A person age 16 years of age or over older may operate any vessel or personal watercraft on any of the waters of this state if such person has met the applicable requirements of Code Section 52-7-22, and such person shall have has in such vessel proper identification. (b) A person age 14 or 12 through 15 years of age may operate: (1) A a personal watercraft or nonmotorized Class A vessel on any of the waters of this state in compliance with the provisions of this article; and if such person: (2) Any other vessel if such person: (A)(1) Is accompanied by an adult age 18 or over 18 years of age or older who is authorized to operate such vessel under the provisions of subsection (a) of this Code section; or (B)(2) Has completed a safe boating education course approved by the department; or (C) Is under direct supervision by an adult age 18 or over. (c) A person age 12 or 13 may operate any Class A vessel utilizing mechanical means of propulsion not exceeding 30 horsepower, under the conditions set forth in subparagraphs (b)(2)(A) through (b)(2)(C) of this Code section. Such person may operate a personal watercraft in compliance with Code Section 52-7-8.2, and such person may operate nonmotorized Class A vessels without restriction No person between 12 through 15 years of age may operate a Class 1, Class 2, or Class 3 vessel. (d) No person under the age of 12 years shall operate any Class 1, 2, or 3 vessel or any personal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied by an adult age 18 years of age or over older who is authorized to THURSDAY, MARCH 28, 2013 3749 operate such vessel under the provisions of subsection (a) of this Code section. (e) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section. (f) No person shall rent, lease, or let for hire any vessel ten horsepower or more to any person under 16 years of age. On and after July 1, 2014, a person 16 years of age or older may rent or lease any vessel ten horsepower or more if such person has completed a boating education course approved by the department. This subsection shall not apply to any person licensed by the United States Coast Guard as a master of a vessel or a nonresident who has in his or her possession proof that he or she has completed a National Association of State Boating Law Administrators approved boater education course or equivalency examination from another state. (e)(g) As used in this Code section, the term: (1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol, toxic vapors, or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) 'Personal watercraft' shall have the same meaning as set forth in Code Section 527-8.2. (3) 'Proper identification' shall have the same meaning as in subsection (d) of Code Section 3-3-23, relating to furnishing of alcoholic beverages. (3) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility. (f) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section." SECTION 7. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 52-7-11, relating to lights, as follows: "(2) All motorized Class A and Class 1 vessels being operated during hours of darkness or low visibility shall display a 32 point white stern light visible for a distance of two miles, plus a 20 point combination red and green light on the bow, or ten-point combination red and green side lights properly screened and visible for a distance of one mile and displayed lower than the white stern light." SECTION 8. Said chapter is further amended by revising Code Section 52-7-12, relating to operation of watercraft while under the influence of alcohol or drugs, as follows: "52-7-12. (a) No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while: 3750 JOURNAL OF THE SENATE (1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (2) Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (3)(4) Under the combined influence of alcohol and any drug any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device; (4)(5) The person's alcohol concentration is 0.10 0.08 grams or more at any time within three hours after such 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; or (5)(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of 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 safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while 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 while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily THURSDAY, MARCH 28, 2013 3751 substances substance, shall be admissible. Where such chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; (2) When a person shall undergo undergoes a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic or drug content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit submits to a chemical test or tests at the request of a law enforcement officer, full information concerning the such test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests according to this Code section. (d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while 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 while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was 3752 JOURNAL OF THE SENATE or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) (4), and (5) of subsection (a) of this Code section; and (3) If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section; and (4)(3) If there was at that time or 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 an alcohol concentration of 0.10 0.08 or more grams, the person shall be in violation of paragraph (4) (5) of subsection (a) of this Code section. (e) The State of Georgia considers that persons who are under the influence of alcohol, toxic vapors, or drugs while operating a vessel on the waters of this state constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) subsection (c) of this Code section, to a chemical test or tests of his or her blood, breath, or urine or other bodily substances substance for the purpose of determining the alcoholic or drug content of his or her blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating, navigating, steering, driving, manipulating, or in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, toxic vapors, or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol, toxic vapors, or any drug. Subject to subsections (c) and (d) subsection (c) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (f) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) subsection (c) of this Code section. (g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence. (h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAC) or the presence of drugs be performed on THURSDAY, MARCH 28, 2013 3753 the dead person or persons and that the results of such test be properly recorded in his or her report. (i) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol, toxic vapors, or drugs in violation of this Code section. (j) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of this Code section. (k)(1) A person under the age of 21 years shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane, moving surfboard or similar moving device, or personal watercraft while the such person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended. (2) No plea of nolo contendere shall be accepted for any person under the age of 21 years charged with a violation of this Code section. (l) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard, or similar device a child under the age of 14 years is shall be guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol, toxic vapors, or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol, toxic vapors, or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol, toxic vapors, or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child. (m) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor; upon a third conviction thereof, be guilty of a high and aggravated misdemeanor; and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows: (1) For the first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as 3754 JOURNAL OF THE SENATE measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; (C) Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion, such evaluation may be waived; and (F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated; (2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration; (C) Not fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person THURSDAY, MARCH 28, 2013 3755 upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the person is actually incarcerated; (3) For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration; (C) Not fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Drivers Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the person is actually incarcerated; (4) For the fourth or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (n) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, and to such other terms and conditions as the judge may impose; (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may 3756 JOURNAL OF THE SENATE suspend the community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program as defined in Code Section 40-5-1. The sponsor of any such program shall provide written notice of the Department of Driver Service's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to May 15, 2013, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection; (5) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere based on a violation of this Code section shall constitute a conviction; and (6) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after May 15, 2013, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17. (n)(1) If the payment of the fine required under subsection (m) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments, and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under subsection (m) of this Code section conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1. (o) As used in this Code section, the term 'personal watercraft' shall have the same meaning as set forth in Code Section 52-7-8.2." SECTION 9. Said chapter is further amended by revising Code Section 52-7-12.5, relating to ordering drug or alcohol tests, as follows: "52-7-12.5. (a) The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer THURSDAY, MARCH 28, 2013 3757 has arrested such person for a violation of Code Section 52-7-12, any federal law in conformity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test initially and may subsequently require a test or tests for any substance not initially tested. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following: (1) Implied consent notice for suspects under age 21 years of age: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, and the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'; or (2) Implied consent notice for suspects age 21 years of age or over older: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, and the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.10 0.08 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under 3758 JOURNAL OF THE SENATE Code Section 52-7-12.6, and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. This notice shall be deemed sufficient if such notice read by an arresting officer is substantially complied with Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged. (c) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply Nothing in this Code section shall be deemed to preclude the acquisition or admission of evidence of a violation of Code Section 52-7-12 if such evidence was obtained by voluntary consent or a search warrant as authorized by the Constitution or laws of this state or the United States. (d) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.10 0.08 grams or more or, for a person under the age of 21 years, an alcohol concentration of 0.02 grams or more, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section 52-7-12.6, subject to review as provided for in this Code section. (e) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident which resulted in THURSDAY, MARCH 28, 2013 3759 serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege of operating a vessel on the waters of this state for a period of one year. (f)(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of intent to suspend and the sworn report required by subsection (d) or (e) of this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code section. (2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's privilege to operate a vessel and, by regular mail, at the last known address, notify such person of such suspension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing. (g)(1) A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. For purposes of such hearing, a copy of the report required by subsection (d) or (e) of this Code section shall be made a part of the hearing record and shall create a rebuttable presumption that the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length. (2) The scope of the hearing shall be limited to the following issues: (A)(i) Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12. (ii) Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality; (B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or 3760 JOURNAL OF THE SENATE refusing to submit to such test and: (i) Whether the person refused the test; or (ii) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 0.08 grams or more or, for a person under the age of 21 years, an alcohol concentration of 0.02 grams or more; and (C) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the suspension of the person's privilege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, however, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12. (h) If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed. (i) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: 'This breath-testing instrument (serial no. __________) was thoroughly inspected, tested, and standardized by the undersigned on (date __________) and all of its electronic and operating components prescribed by its manufacturer are properly THURSDAY, MARCH 28, 2013 3761 attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code section." SECTION 10. Said chapter is further amended by revising Code Section 52-7-12.6, relating to terms of suspension, as follows: "52-7-12.6. (a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions: (1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 120 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days 18 months following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be 3762 JOURNAL OF THE SENATE $500.00; and (3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00; and (4) Any person convicted of violating Code Section 52-7-12.2, 52-7-12.3, or 52-712.4 shall have his or her privilege to operate a vessel on the waters of this state suspended for three years. Such privilege shall be reinstated after the expiration of the three-year period if such person submits proof of completion of a boating education course approved by the department and pays a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. (b) In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance and the operator's payment of a restoration fee of $200.00, unless such conviction was a recidivist conviction, in which case the restoration fee shall be $500.00. (c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500.00 nor more than $1,000.00; provided, however, that for a second and each subsequent conviction within a five-year period measured from the date of the previous arrest upon which a conviction was obtained to the date of the current arrest, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,000.00 nor more than $1,500.00. The period suspension of the privilege to operate a vessel on the waters of the state of any person convicted under this subsection shall be extended for an additional six months for each such conviction." SECTION 11. Said chapter is further amended by revising Code Section 52-7-22, relating to safety and educational programs, as follows: "52-7-22. (a) The department is authorized to inaugurate a comprehensive boating safety and boating shall establish a comprehensive boating education program and to may seek the cooperation of boatmen, the federal government, and other states. The department may accept moneys made available under federal safety programs and may issue safety THURSDAY, MARCH 28, 2013 3763 boating certificates to persons who complete courses in boating safety education. (b) Effective July 1, 2014, and except as otherwise provided by this chapter, anyone born on or after January 1, 1998, who operates any motorized vessel on the waters of this state shall complete a boating education course approved by the department prior to the operation of such vessel. (c) A person shall be exempt from the provisions of subsection (b) of this Code section if he or she is: (1) Licensed by the United States Coast Guard as a master of a vessel; (2) Operating such vessel on a private lake or pond; or (3) A nonresident who has in his or her possession proof that he or she has completed a National Association of State Boating Law Administrators approved boater education course or the equivalency from another state." SECTION 12. Said chapter is further amended by revising Code Section 52-7-26, relating to penalty for violations relative to registration, operation, and sale of watercraft generally, as follows: "52-7-26. Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013." SECTION 13. Said chapter is further amended by revising subsection (a) of Code Section 52-7-51, relating to penalty for violations relative to displaying of watercraft information, as follows: "(a) Any person who violates this article or any rules and regulations issued hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012 February 5, 2013." SECTION 14. This Act shall become effective on May 15, 2013, and shall apply to all offenses occurring on or after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered. 3764 JOURNAL OF THE SENATE SECTION 15. 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 136. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Miller Mullis Y Murphy Y Orrock Y Ramsey Seay Y Shafer Sims Staton Y Stone Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y 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 136. The following bill was taken up to consider House action thereto: HB 372. By Representatives Coomer of the 14th, Evans of the 42nd, Carter of the 175th, Nimmer of the 178th, Hatchett of the 150th 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 revise eligibility for a HOPE grant at a technical college or university institution; to revise a provision relating to the submission of an annual request for funding for the Technical College System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 28, 2013 3765 The House amendment to the Senate substitute was as follows: Amend the Senate Higher Education Committee substitute to HB 372 (LC 41 0092S) by striking from lines 3 through 5 the following: to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of the Technical College System of Georgia, so as to provide for the designation of community colleges; By striking lines 32 through 48. Senator Bethel of the 54th moved that the Senate agree to the House amendment to the Senate substitute to HB 372. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C 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 amendment to the Senate substitute to HB 372. The following communication was received by the Secretary: Senator Tommie Williams District 19 110 State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Natural Resources and the Environment Reapportionment and Redistricting Transportation 3766 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 Please record my vote as a yea vote on the following bills: HB 139 HB 372 3/28/13 /s/ Tommie Williams Senator Bethel of the 54th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SR 113. By Senators Jackson of the 24th, Albers of the 56th, Jeffares of the 17th and Bethel of the 54th: 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties, 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 Barrow, Carroll, Chatham, Cobb, Crisp, Dade, Dawson, DeKalb, Forsyth, Hall, Henry, Laurens, Macon, Paulding, Richmond, and White Counties; and WHEREAS, Citizens Telephone Company, Inc.; Augusta, Georgia; City of Gainesville; City of Marietta; Flint Electric Membership Corporation; Georgia Department of Transportation; Georgia Power Company; Habersham Electric Membership Corporation; Mark and Cliff Shipp; Snapping Shoals Electric Membership Corporation; Windstream THURSDAY, MARCH 28, 2013 3767 Standard, L.L.C. and various utilities desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these 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 Georgia Department of Corrections; Georgia Department of Defense, Georgia Department of Education; Georgia Department of Natural Resources; and 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 GMD 243 Barrow 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 overhead and underground utility lines to the Camp Will-A-Way campground host site and to recreational fields. Said easement area is located at Fort Yargo State Park, Camp Will-A-Way, Barrow County, Georgia and is more particularly described as follows: That approximately 0.05 of an acre and that portion only as shown on a drawing prepared by Josh Sweat titled Georgia Power Company, 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 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said overhead and underground utility lines. 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 3768 JOURNAL OF THE SENATE the proper installation, operation, and maintenance of said overhead and underground utility lines. SECTION 5. That, after Georgia Power Company has put into use the overhead and underground utility lines 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 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. THURSDAY, MARCH 28, 2013 3769 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 $10.00 since this action will solely benefit the Department of Natural Resources and the State of Georgia. SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Barrow 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 219 and 219 of the 5th Land District of Carroll 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 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 installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service to a lighted sign. Said easement area is located at the West Georgia Technical College in Carroll County, Georgia and is more 3770 JOURNAL OF THE SENATE particularly described as follows: That approximately 0.34 of an acre and that portion only as shown on a drawing furnished by the Technical College System of Georgia, 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, operating and maintaining an underground electrical power line and necessary 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 installation, operation, and maintenance of said electric power line and necessary equipment. SECTION 18. That, after Georgia Power Company has put into use the power line and necessary equipment 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 and any equipment 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 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, THURSDAY, MARCH 28, 2013 3771 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, given the public purpose of the project, 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 24. That this grant of easement 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 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. 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. 3772 JOURNAL OF THE SENATE ARTICLE III SECTION 27. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 8th Georgia Militia District of Chatham County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, the Board of which on April 25, 2012 approved a resolution for and 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 Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement area for constructing, maintaining and operating a road known as the Back River Bridge/U.S. Highway 17, State Route 404 Spur associated with NH0000009-02(093) Chatham County, GDOT PI # 522920. Said easement area is located in the Back River and connects to Jasper County, South Carolina, and is more particularly described as follows: That approximately 5.848 acres shown as Parcels 1 and 2 and that portion only as shown on an engineered drawing prepared by the Georgia Department of Transportation Right of Way Plans, U.S. 17/SR 404 Spur, Back River Bridge Replacement, Chatham County, Federal Aid Project Georgia DOT P-I # 522920, as last revised on 3/02/12 and 3/03/12, 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 constructing, maintaining, and operating said Bridge and Road. SECTION 30. 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 proper installation, operation, and maintenance of said Bridge and Road. SECTION 31. That, after the Georgia Department of Transportation has put into use the Bridge and Road that 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 THURSDAY, MARCH 28, 2013 3773 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 Bridge and Road shall become the property of the State of Georgia, or its successors and assigns. SECTION 32. That no title shall be conveyed to 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 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 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 this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia 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 3774 JOURNAL OF THE SENATE 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 36. That, given the public purpose of the project, 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 37. 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 38. 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 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. SECTION 40. That the Coastal Resources Division of the Georgia Department of Natural Resources issued on March 29, 2012, to the Georgia Department of Transportation a Letter of Permission for Revocable License in tidal waters in this easement area, in response to that Transportation Department's October 21, 2011 request for Revocable License in tidal waters. ARTICLE IV SECTION 41. That the State of Georgia is the owner of the hereinafter described real property lying and being in Chatham 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 nonexclusive easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 42. 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 underground electric utility line at the THURSDAY, MARCH 28, 2013 3775 site of Aviation Training Center on the Crossroads Campus of Savannah Technical College, Savannah, Chatham County, Georgia and is more particularly described as follows: That approximately 0.276 of an acre easement area and that portion only as shown on a drawing prepared by Georgia Power 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 43. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said underground utility line and associated equipment. SECTION 44. 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 underground utility line. SECTION 45. That, after Georgia Power Company has put into use the underground utility 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 underground utility line shall become the property of the State of Georgia, or its successors and assigns. SECTION 46. 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 47. 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, 3776 JOURNAL OF THE SENATE 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 48. 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 49. 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 50. That the consideration for such easement shall be $10.00 since this action will solely benefit the Technical College System of Georgia and the State of Georgia. SECTION 51. 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 52. That the authorization in this resolution to grant the above-described nonexclusive 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 53. 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 28, 2013 3777 SECTION 54. That the State of Georgia is the owner of approximately 1,233 acres with adjacent marsh and hammocks, such real property being located in Chatham County, and known as Wormsloe State Historic Site, under the custody of the Georgia Department of Natural Resources. SECTION 55. That the University of Georgia of the University System of the Board of Regents (Regents) has entered into a Memorandum of Understanding (MOU) dated January 30, 2011 with the Jones family's Wormsloe Foundation, Inc., for the acquisition by Regents of an adjacent 15.438 acre parcel described as Parcel A-2 on that Survey for the University of Georgia by Thomas and Hutton dated November 29, 2012 and signed by Stewart W. Spencer, Georgia Registered Land Surveyor # 3066. SECTION 56. That Regents and the Wormsloe Foundation agreed in that MOU that Regents would acquire Parcel A-2 to operate it as an historical and ecological nature preserve for Scientific, Historical, Educational and Aesthetic Purposes that do not impair the essentially natural and historic character of the A-2 property, and which purposes are consistent with those of the State's Historic Site property. SECTION 57. That parcel A-2 is adjacent to the State's Historic Site Property and access to A-2 is not available except through the Historic Site Property. SECTION 58. That Regents seeks a nonexclusive easement for ingress and egress to A-2 over a portion of said State owned property, the location and operation of which shall be agreed to by the State and its custodian Department of Natural Resources, said easement to be issued to Regents to effect the conveyance of Parcel A-2 to Regents, and shall be revoked if the conveyance of Parcel A-2 to Regents is not consummated. SECTION 59. That the granting of such nonexclusive ingress and egress easement has been approved by the Department of Natural Resources contingent on the Department's and State's approval as to location and operation of the easement area, said easement to be issued to Regents to effect the conveyance of Parcel A-2 to Regents, and shall be revoked if the conveyance of Parcel A-2 to Regents is not consummated. ARTICLE V SECTION 60. That the State of Georgia is the owner of the hereinafter described real property lying and being in Chatham County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources. 3778 JOURNAL OF THE SENATE SECTION 61. That the Department does not object to the granting of this easement contingent on the Department's and State's approval as to operation and location of the easement, hereinafter referred to as the easement area, so that Regents can acquire adjacent Parcel A-2 to operate as an historical and ecological nature preserve for Scientific, Historical, Educational and Aesthetic Purposes that do not impair the essentially natural and historic character of the A-2 property, which purposes are consistent with those of the State's Historic Site property, and that, in all matters relating to the nonexclusive easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 62. That the State of Georgia, acting by and through its State Properties Commission, may grant to Regents, or its successors and assigns, a nonexclusive easement area for ingress and egress at the Wormsloe Historic Site, Savannah, Chatham County, subject to the Department's and State's approval as to operation and location of the easement area, so that Regents can acquire the above-described Parcel A-2, and the easement area 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 63. That the above-described easement area premises shall be used solely for the purpose of ingress and egress to Parcel A-2 for the above-described purposes, contingent on said State approvals. SECTION 64. That Regents 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 ingress and egress, with the approval of the Department. SECTION 65. That, after 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. Failure to convey Parcel A-2 to Regents shall be considered cause for an immediate reversion of the nonexclusive easement to the State of Georgia. SECTION 66. That no title shall be conveyed to the grantee of the easement and, except as specifically granted herein, 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 by this easement. THURSDAY, MARCH 28, 2013 3779 SECTION 67. 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 68. That the 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 69. 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 70. That the consideration for such easement shall be $10.00 since this action would solely benefit Regents. SECTION 71. 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 promptly to the State Properties Commission. 3780 JOURNAL OF THE SENATE SECTION 72. That the authorization in this resolution to grant the above-described nonexclusive easement shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 73. 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 74. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 287, 290, 291 of Land District 17, and Land Lots 1159, 1218, 1281, 1290, and 1231 of Land District 16, Cobb County, Georgia, and the property is known as the Western and Atlantic Railroad tract 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. SECTION 75. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Marietta, or its successors and assigns, a nonexclusive easement for its Kennesaw Mountain to Chattahoochee River Trail for the purpose of constructing, operating and maintaining a pedestrian trail and related sidewalks, ramps, piping and drainage structures, and signal boxes, together with the right of ingress and egress on a portion of this land as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Cobb County, Georgia, and is more particularly described as follows: That approximately 24,803 square feet (approximately 0.57 of an acre) portion and that portion only as shown in pink for temporary construction easements, and that approximately 19,127 square feet (approximately 0.44 of an acre) portion and that portion only as shown in green for permanent construction easements on a drawing prepared by Arcadis titled Department of Transportation, State of Georgia, Right-ofWay of Proposed Kennesaw Mountain to Chattahoochee River Trail, Project No. CSSTP-0006-00(873), P.I. No. 0006873, Federal Route No.: N/A; State Route No. 5, 120, and 200, Completed March 11, 2011; 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 76. That the above-described premises shall be used solely for the purpose of constructing, THURSDAY, MARCH 28, 2013 3781 maintaining, and operating the pedestrian trail known as the Kennesaw Mountain to Chattahoochee River Trail, in Cobb County. SECTION 77. That the City of Marietta 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 pedestrian trail. SECTION 78. That, after City of Marietta completes the pedestrian trail 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, City of Marietta, 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 pedestrian trail shall become the property of the State of Georgia, or its successors and assigns. SECTION 79. That no title shall be conveyed to the City of Marietta and, except as herein specifically granted to City of Marietta, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Marietta. SECTION 80. 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 81. 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 may either be terminated or the easement area may be relocated to an alternate site at the Grantee's expense. If it is determined that the easement area should be relocated to an alternate site, a substantially equivalent nonexclusive easement to an alternate site may be granted 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. Upon written request 3782 JOURNAL OF THE SENATE from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 82. That the easement granted to City of Marietta 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 83. That the consideration to the State for such easement shall be $136,320 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 84. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 85. That the authorization in this resolution to grant the above-described easement to the City of Marietta shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 86. 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 87. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 6 and 26 of the 10th Land District of Crisp 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 88. That the State of Georgia, acting by and through its State Properties Commission, may grant to Citizens Telephone Company, Inc., or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground fiber optic THURSDAY, MARCH 28, 2013 3783 line and necessary equipment to provide internet service. Said easement area is located at Lake Blackshear Resort, Georgia Veterans State Park in Crisp County, Georgia and is more particularly described as follows: That approximately 4,350 foot by 10 foot area (approximately 1 acre) and that portion only as shown highlighted in yellow on a drawing titled "CITIZENS TEL. CO.; LESLIE GA.; PERMIT DRAWING NO. 1" prepared by Citizens Telephone Company, Inc., dated August 7, 2012, 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 89. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an underground fiber optic line and necessary equipment. SECTION 90. That Citizens Telephone Company, Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said underground fiber optic line and necessary equipment. SECTION 91. That, after Citizens Telephone Company, Inc. has put into use the fiber optic line and necessary equipment 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 Citizens Telephone Company, 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 fiber optic line and equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 92. That no title shall be conveyed to Citizens Telephone Company, Inc. and, except as herein specifically granted to Citizens Telephone Company, 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 Citizens Telephone Company, Inc. SECTION 93. 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 3784 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 94. That the easement granted to Citizens Telephone Company, 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 95. 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 96. That, given the public purpose of the project, 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 97. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 98. That the authorization in this resolution to grant the above-described easement to Citizens Telephone Company, Inc. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. THURSDAY, MARCH 28, 2013 3785 SECTION 99. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 100. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 76 and 105, 11th. Land District, 4th. Section, Dade 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 101. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead power line to the campground sites and RV sewage collection station at Cloudland Canyon State Park, Dade 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 Dade County, Georgia, and is more particularly described as follows: That approximately 2.920 of an acre portion and that portion only as shown on a drawing prepared by Greg P. Eaker titled Cloudland Canyon State Park, 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 102. That the above-described premises shall be used solely for the purpose of constructing, operating, and maintaining an overhead power line at Cloudland Canyon State Park in Dade County. SECTION 103. 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 construction, operation, and maintenance of the overhead power line. SECTION 104. That, after Georgia Power Company 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, 3786 JOURNAL OF THE SENATE powers, and easement granted herein. Upon abandonment, 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 105. 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 106. 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 107. 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 108. 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 THURSDAY, MARCH 28, 2013 3787 description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 109. That the consideration for such easement shall be $10.00 since the easement solely benefits the Department of Natural Resources and the State of Georgia. SECTION 110. That this grant of easement shall be recorded by the grantee in the Superior Court of Dade County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 111. 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 112. 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 113. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 342 of the 5th Land District of Dawson 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 114. That the State of Georgia, acting by and through its State Properties Commission, may grant to Windstream Standard, L.L.C., or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground and above ground fiber optic line and necessary equipment to provide internet service. Said easement area is located at Amicalola Falls State Park in Dawson County, Georgia and is more particularly described as follows: That approximately 18,560 foot by 10 foot area (approximately 4.26 acres) and that portion only as indicated on a drawing furnished by the Georgia Department of Natural Resources, 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. 3788 JOURNAL OF THE SENATE SECTION 115. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an underground and above ground fiber optic line and necessary equipment to benefit the State of Georgia. SECTION 116. That Windstream Standard, L.L.C. 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 underground and above ground fiber optic line and necessary equipment. SECTION 117. That, after Windstream Standard, L.L.C. has put into use the fiber optic line and necessary equipment 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 Windstream Standard, L.L.C., 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 fiber optic line and equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 118. That no title shall be conveyed to Windstream Standard, L.L.C. and, except as herein specifically granted to Windstream Standard, L.L.C., 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 Windstream Standard, L.L.C. SECTION 119. 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. THURSDAY, MARCH 28, 2013 3789 SECTION 120. That the easement granted to Windstream Standard, L.L.C. 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 121. 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 122. That the consideration for such easement shall be $10.00 and the provision of park construction and installation services at the park for the benefit of faster and more reliable internet service for the park 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 123. That this grant of easement shall be recorded by the grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 124. That the authorization in this resolution to grant the above-described easement to Windstream Standard, L.L.C. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 125. 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 126. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 441 and 442 of the 4th Land District of Dawson County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which 3790 JOURNAL OF THE SENATE 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 127. 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 installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service for a recent building expansion. Said easement area is located at the Lanier Technical College in Dawson County, Georgia and is more particularly described as follows: That approximately 20 foot by 87 foot area (approximately 0.04 of an acre) and that portion only as shown shaded in gray on an engineered drawing entitled "LANIER TECHNICAL COLLEGE; DAWSONVILLE CAMPUS; DISTRIBUTION LINE EASEMENT" made by Georgia Power Company and dated March 5, 2012, 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 128. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an electrical power line and necessary equipment. SECTION 129. 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 electric power line and necessary equipment. SECTION 130. That, after Georgia Power Company has put into use the power line and necessary equipment 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 and any equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 131. 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 THURSDAY, MARCH 28, 2013 3791 easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 132. 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 133. 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 134. 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 135. That, given the public purpose of the project, 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. 3792 JOURNAL OF THE SENATE SECTION 136. That this grant of easement shall be recorded by the grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 137. 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 138. 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 139. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 252 of the 15th Land District, in the City of Decatur, DeKalb County, Georgia, and that 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 140. 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, locating, maintaining, and operating power lines and related facilities. Said easement area is located at and needed for the renovation of the Decatur Armory, 3736 Durham Park Road, Decatur, DeKalb County, Georgia and is more particularly described as follows: That approximately 0.04 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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. SECTION 141. That the above-described premises shall be used solely for the purpose of locating, maintenance, and operation of power lines and facilities to provide appropriate power to the Decatur Armory which is under construction. THURSDAY, MARCH 28, 2013 3793 SECTION 142. 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 143. 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 144. 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 145. 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 146. 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 3794 JOURNAL OF THE SENATE description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 147. 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 148. That the consideration for such easement shall be $10.00 since this action will solely benefit the Department of Defense and the State of Georgia. SECTION 149. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 150. 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 151. 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 152. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 1113 and 1114 of the 1st Section of the 3rd Land District, in the City of Cumming, Forsyth County, Georgia, and that 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 153. That the State of Georgia, acting by and through its State Properties Commission, may THURSDAY, MARCH 28, 2013 3795 grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the purpose of moving, locating, maintaining, and operating above and underground power lines, and such facilities as transformers and power boxes. Said easement area is located at the Cumming National Guard Regional Readiness Center at 1100 Pilgrim Mill Road, Cumming 30040, Forsyth County, Georgia and is more particularly described as follows: That approximately 0.13 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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. SECTION 154. That the above-described premises shall be used solely for the purpose of locating, maintenance, and operation of power lines, poles and box to provide appropriate power to the Cumming National Guard Regional Readiness Center which is under construction. SECTION 155. That the Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper moving, relocating, operation and maintenance of said power line. SECTION 156. 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 157. 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 158. 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 3796 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 159. 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 160. 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 161. That the consideration for such easement shall be $10.00 since this action will solely benefit the Department of Defense and the State of Georgia. SECTION 162. That this grant of easement shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 163. 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 28, 2013 3797 ARTICLE XIII SECTION 164. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 152, 9th Land District, Hall County, Georgia, and 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 165. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, 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 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 is located at GDC's Gainesville Probation Office & Day Reporting Center in Hall County, Georgia, and is more particularly described as follows: That approximately 0.04 acres portion and that portion only as shown on a drawing prepared by Patton Land Surveying titled Survey for City of Gainesville Cargill Sanitary Sewer Improvements-Phase I 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 166. That the above-described premises shall be used solely for the purpose of laying, constructing, operating and maintaining a sewer line on the Gainesville Probation Office & Day Reporting Center property in Hall County, Georgia. SECTION 167. That, after the City of Gainesville 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 City of Gainesville, 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 168. That no title shall be conveyed to the City of Gainesville and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said 3798 JOURNAL OF THE SENATE easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville. SECTION 169. 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 170. 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 171. That the easement granted to the City of Gainesville 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 172. That the consideration for such easement shall be for public use and benefit and $10.00 and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia. THURSDAY, MARCH 28, 2013 3799 SECTION 173. 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 174. That the authorization in this resolution to grant the above-described easement to the City of Gainesville shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 175. 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 176. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 136 of the 7th Land District of Henry 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 177. That the State of Georgia, acting by and through its State Properties Commission, may grant to Snapping Shoals Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground electrical power line and necessary equipment to provide electric service for a new building. Said easement area is located at the Southern Crescent Technical College in Henry County, Georgia and is more particularly described as follows: That approximately 0.04 of an acre and that portion only as shown highlighted in red on a engineered drawing entitled "ELECTRICAL EASEMENTS EXHIBIT" made by Conceptual Design Engineering, Inc. and dated April 17, 2012, 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 178. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an electrical power line and necessary equipment. SECTION 179. That Snapping Shoals Electric Membership Corporation shall have the right to remove or 3800 JOURNAL OF THE SENATE 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 electric power line and necessary equipment. SECTION 180. That, after Snapping Shoals Electric Membership Corporation has put into use the power line and necessary equipment 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 Snapping Shoals Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the power line and any equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 181. That no title shall be conveyed to Snapping Shoals Electric Membership Corporation and, except as herein specifically granted to Snapping Shoals Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Snapping Shoals Electric Membership Corporation. SECTION 182. 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 183. That the easement granted to Snapping Shoals Electric Membership 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 THURSDAY, MARCH 28, 2013 3801 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 184. 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 185. That, given the public purpose of the project, 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 186. That this grant of easement shall be recorded by the grantee in the Superior Court of Henry County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 187. That the authorization in this resolution to grant the above-described easement to Snapping Shoals Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 188. 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 XV SECTION 189. That the State of Georgia is the owner of the hereinafter described real property lying and being, in the City of Dublin, Telfair City Subdivision Lots 22, 23, 24, 25, 26, and 27, Block I, Laurens County, Georgia, and that 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. 3802 JOURNAL OF THE SENATE SECTION 190. 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, locating, maintaining, and operating underground power lines and facilities to provide power to the Upper Motor Pool. Said easement area is located at the Dublin Armory on Hamilton Street, Dublin, Laurens County, Georgia and is more particularly described as follows: That approximately 0.21 of an acre easement area and that portion only as highlighted in color on a drawing marked "Exhibit A" prepared by the 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. SECTION 191. That the above-described premises shall be used solely for the purpose of locating, maintaining, and operating power lines, poles and related facilities to provide appropriate power to the Dublin Armory Upper Motor Pool which is being renovated. SECTION 192. That the Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper moving, relocating, operation and maintenance of said power line. SECTION 193. 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 194. 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 195. 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 THURSDAY, MARCH 28, 2013 3803 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 196. 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 197. 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 198. That the consideration for such easement shall be $10.00 since this action will solely benefit the Department of Defense and the State of Georgia. SECTION 199. That this grant of easement shall be recorded by the grantee in the Superior Court of Laurens County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 200. 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. 3804 JOURNAL OF THE SENATE ARTICLE XVI SECTION 201. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 161 of the 9th Land District of Macon County, Georgia, and that the property is in the custody of the Georgia Department of Education, 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 202. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint Electric Membership Corporation, or its successors and assigns, a nonexclusive easement area for installation, operation and maintenance of an underground electrical power line and necessary equipment to relocate existing overhead power lines to a different underground location and the installation of new power lines to provide electric service for newly constructed cabins. Said easement area is located at Camp John Hope in Macon County, Georgia and is more particularly described as follows: That approximately 1.63 acres and that portion only as shown on a plat of survey entitled "SBE-023 NEW CABIN FOR CAMP JOHN HOPE FFA/FCCLA CENTER" made by LAI Engineering, and more specifically Clyde R. Eldredge, Georgia Registered Land Surveyor No. 2659, dated April 30, 2012, 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 203. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining an electrical power line and necessary equipment. SECTION 204. That Flint Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said electric power line and necessary equipment. SECTION 205. That, after Flint Electric Membership Corporation has put into use the power line and necessary equipment 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 Flint Electric Membership Corporation, or its successors and assigns, shall have the THURSDAY, MARCH 28, 2013 3805 option of removing its facilities from the easement area or leaving the same in place, in which event the power line and any equipment shall become the property of the State of Georgia, or its successors and assigns. SECTION 206. That no title shall be conveyed to Flint Electric Membership Corporation and, except as herein specifically granted to Flint Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Flint Electric Membership Corporation. SECTION 207. 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 208. That the easement granted to Flint Electric Membership 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 209. 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. 3806 JOURNAL OF THE SENATE SECTION 210. That, the consideration for such easement shall be $10.00 since this action will solely benefit the Department of Education and the State of Georgia. SECTION 211. That this grant of easement 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 212. That the authorization in this resolution to grant the above-described easement to Flint Electric Membership Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 213. 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 214. That the State of Georgia is the owner of the hereinafter described real property in Paulding County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 215. That the State of Georgia, acting by and through its State Properties Commission, may grant to Mark B. Shipp and J. Cliff Shipp (hereinafter known as Grantee) or their successors and assigns, a nonexclusive easement area, for ingress and egress. Said easement area is located at the 4,513 acre Sheffield Wildlife Management Area in Paulding County, and is more particularly described as follows: That approximately 4.7 acre easement area being of a length of approximately 17,061 feet, of a width no greater than the actual distance between the ditches on either side of the subject property, and consisting of approximately 4.7 acres situate, lying and being in Land Lots 433 and 504 of the 3rd Section, 3rd Land District, and Land Lots, 465, 466, 467, 468, 469, 470, 472, 473, 536, 537, 542, 543, 544 and 611 of the 3rd Section, 18th Land District of Paulding County, Georgia and that portion only as shown highlighted in yellow on that plat of survey dated March 12, 2012 by Douglas R. Bentley, Georgia Registered Land Surveyor # 2535 and being Titled "Easement Exhibit For: Mark B. Shipp and J. Cliff Shipp", and being on file in the offices of the State Properties Commission THURSDAY, MARCH 28, 2013 3807 and may be more particularly described by a survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 216. That the above-described premises shall be used solely for the purpose of ingress and egress to the Grantee's property in Land Lot 434, 3rd District, 3rd Section of Paulding County, which is surrounded by Sheffield Wildlife Management Area. SECTION 217. That the Grantee shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be approved by the Georgia Department of Natural Resources. SECTION 218. That no title shall be conveyed to Grantee and, except as herein specifically granted to Grantee, 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 Grantee. SECTION 219. That if the State of Georgia, acting by and through its State Properties Commission, determines that the easement area should be removed or relocated to an alternate site on State owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Grantee shall relocate to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested 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% the amount of a written estimate provided by Grantee. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation to an alternate site on State owned land so long as the relocation is paid by the party or parties requesting such relocation 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 quit claim deed the State's interest in the former easement area. SECTION 220. That the easement granted to Grantee 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. 3808 JOURNAL OF THE SENATE SECTION 221. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 222. 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, including the encumbrance of Grantee's 45-acre property in Land Lot 434 with a Right of First Refusal in favor of the State for the State to acquire that property for appraised value according to an Agreement to be issued by the State Properties Commission, which Right to the State will perpetually run with that 45-acre property, and for the consideration of the issuance of a correction by the State to a quit claim deed that was authorized by 1998 Act 137 (HR 935). SECTION 223. That this grant of easement shall be recorded by the Grantee in the Superior Court of Paulding County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 224. That the authorization in this resolution to grant the above-described easement to Grantee shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission. SECTION 225. 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 226. That the State of Georgia is the owner of the hereinafter described real property lying and being in Georgia Militia District 89 of Richmond 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 28, 2013 3809 SECTION 227. That the State of Georgia, acting by and through its State Properties Commission, may grant to Augusta, Georgia, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of a sanitary sewer line to install, maintain and operate a sewer line to a new building to be constructed for, and owned by the County Board of Education of Richmond County on an adjacent parcel not under State ownership. Said easement area is located at the main campus of Augusta Technical College in Richmond County, Georgia and is more particularly described as follows: That approximately 0.27 of an acre and that portion only as shown in gray shading on an easement plat entitled "Easement Plat FOR City of Augusta" made by Cranston Engineering Group, P.C. and more specifically by John Attaway, Georgia Registered Land Surveyor No. 2512 dated June 10, 2011, 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 228. That the above-described premises shall be used solely for the purpose of installing, operating and maintaining a sanitary sewer line. SECTION 229. That Augusta, Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said sanitary sewer line. SECTION 230. That, after Augusta, Georgia has put into use the sanitary sewer 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, Augusta, Georgia, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the sanitary sewer line shall become the property of the State of Georgia, or its successors and assigns. SECTION 231. That no title shall be conveyed to Augusta, Georgia and, except as herein specifically granted to Augusta, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Augusta, Georgia. SECTION 232. 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 3810 JOURNAL OF THE SENATE 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 233. That the easement granted to Augusta, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 234. 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 235. That, given the public purpose of the project, 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 236. That this grant of easement 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 237. That the authorization in this resolution to grant the above-described easement to Augusta, Georgia shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. THURSDAY, MARCH 28, 2013 3811 SECTION 238. 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 239. That the State of Georgia is the owner of the hereinafter described real property lying and being in 119th GMD of Richmond County, Georgia, and 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 240. That the State of Georgia, acting by and through its State Properties Commission, may grant to Augusta, Georgia or its successors and assigns, a nonexclusive easement for the purpose of replacement of the existing water meter, and installation of a new backflow preventer in Augusta, 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 Augusta State Medical Prison, and is more particularly described as follows: That approximately 0.21 of an acre portion and that portion only as shown on a drawing prepared by WK Dickson titled Water Line Easement 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 241. That the above-described premises shall be used solely for the purpose of replacement of the existing water meter, and installation of a new backflow preventer for Augusta State Medical Prison. SECTION 242. That, after Augusta, Georgia completes the replacement of the existing water meter, and installation of a new backflow preventer 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, Augusta, Georgia or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. 3812 JOURNAL OF THE SENATE SECTION 243. That no title shall be conveyed to Augusta, Georgia and, except as herein specifically granted to Augusta, Georgia all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Augusta, Georgia. 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 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 246. That the easement granted to Augusta, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 247. That the consideration for such easement shall be $10.00 and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia. THURSDAY, MARCH 28, 2013 3813 SECTION 248. That this grant of easement 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 249. That the authorization in this resolution to grant the above-described easement to Augusta, Georgia shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 250. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XX SECTION 251. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 1, 3rd Land District, White County, Georgia, and the property, known as Unicoi State Park and Lodge (Unicoi) and 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 252. That the State of Georgia, acting by and through its State Properties Commission, may grant Habersham Electric Membership Corporation (EMC), or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead fiber optic cable line to Unicoi's main office and lodge in White 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 White County, Georgia, and is more particularly described as follows: That approximately 0.12 of an acre portion and that portion only as shown in yellow on a drawing prepared by Utility Support Systems, Inc. titled State Park Permit, Unicoi State Park, 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 253. That the above-described premises shall be used solely for the purpose of constructing, operating, and maintaining an overhead fiber optic cable line to Unicoi State Park's main office and Lodge in White County. 3814 JOURNAL OF THE SENATE SECTION 254. That Habersham 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 255. That, after Habersham EMC completes the fiber optic 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, Habersham 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. SECTION 256. That no title shall be conveyed to Habersham EMC and, except as herein specifically granted to Habersham 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 Habersham EMC. SECTION 257. 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 258. 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 28, 2013 3815 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 259. That the easement granted to Habersham 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 260. 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 261. That this grant of easement 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 262. That the authorization in this resolution to grant the above-described easement to Habersham EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 263. 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 264. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. ARTICLE XXII SECTION 265. That all laws or parts of laws in conflict with this resolution are repealed. Senator Jackson of the 24th moved that the Senate agree to the House substitute to SR 113. 3816 JOURNAL OF THE SENATE On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims Y Staton Y Stone Y Tate Y Thompson, C Y Thompson, S 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 SR 113. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Staton of the 18th The following bill was taken up to consider House action thereto: HB 155. By Representatives Knight of the 130th, Burns of the 159th, Williams of the 119th, Roberts of the 155th and Meadows of the 5th: 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 revise provisions concerning the licensing and operation of shooting preserves; to revise the definition of "pen raised game birds"; to change licensing requirements for shooting preserves; to create a lifetime shooting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: THURSDAY, MARCH 28, 2013 3817 Amend HB 155 (HB 155/SCSFA/2) by striking lines 1 through 5 and inserting in lieu thereof the following: To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to revise provisions By striking lines 14 through 72 and inserting in lieu thereof the following: revising Article 4 of Chapter 3, relating to shooting preserves, as follows: Senator Tolleson of the 20th moved that the Senate agree to the House amendment to the Senate substitute to HB 155. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 155. The following bill was taken up to consider the Conference Committee Report thereto: SB 62. By Senators Hill of the 32nd, Shafer of the 48th, Unterman of the 45th, Miller of the 49th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and 3818 JOURNAL OF THE SENATE elderly patients, so as to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 62 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 62 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 32nd /s/ Senator Jeffares of the 17th /s/ Senator Hill of the 4th /s/ Representative Kirby of the 114th /s/ Representative Parrish of the 158th /s/ Representative England of the 116th COMMITTEE OF CONFERENCE SUBSTITUTE ON SB 62 A BILL TO BE ENTITLED AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health care, so as revise provisions relating to financing and expenditures of hospitals; to revise a provision relating to rates and charges for hospital authorities; to revise a provision relating to provider payments by hospitals; to establish the Federal and State Funded Health Care Financing Programs Overview Committee; to provide for its composition, officers, terms of office, duties and responsibilities, and funding; to provide for assistance from other state officers and agencies in the performance of the duties of the committee; 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 31 of the Official Code of Georgia Annotated, relating to health care, is amended by revising Code Section 31-7-77, relating to rates and charges relating to county and municipal hospital authorities, as follows: THURSDAY, MARCH 28, 2013 3819 "31-7-77. (a) No authority shall operate or construct any project for profit. It shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts sufficient, together with all other funds of the authority, to pay principal and interest on certificates and obligations of the authority, to provide for maintenance and operation of the project, and to create and maintain a reserve sufficient to meet principal and interest payments due on any certificates in any one year after the issuance thereof. The authority may provide reasonable reserves for the improvement, replacement, or expansion of its facilities or services. (b) Notwithstanding subsection (a) of this Code section or any other provisions to the contrary, a joint hospital authority established pursuant to Code Section 31-7-72 which operates a hospital containing more than 900 licensed beds shall only utilize revenues to pay principal and interest on certificates and obligations of the authority, to pay pension plan obligations of the authority existing as of January 1, 2013, and for funding projects leased by the authority to a lessee pursuant to a contract entered into in accordance with paragraph (7) of Code Section 31-7-75; provided, however, that no more than 1 percent of revenues shall be utilized to pay for personnel costs for employees or contractors of the authority." SECTION 2. Said title is further amended in Code Section 31-8-179.2 as enacted by 2013 Senate Bill 24, signed by the Governor and designated as Act 1, relating to the authorization to impose provider payments on hospitals, by revising paragraph (2) of subsection (a) as follows: "(2) The department reduces Medicaid payment rates to hospitals as are in effect on June 30, 2012; or reduces the provider payment rate adjustment factors utilized in developing the state Fiscal Year 2013 capitated rates for Medicaid managed care organizations; or alters any payment methodology, administrative rule, or payment policy as are in effect on June 30, 2012, or creates any new methodology, rule, or policy that has the effect of reducing Medicaid payments to hospitals." SECTION 3. Said title is further amended in Chapter 8, relating to care and protection of indigent and elderly patients, by adding a new article to read as follows: "ARTICLE 9 31-8-210. (a) There is created as a joint committee of the General Assembly the Federal and State Funded Health Care Financing Programs Overview Committee to be composed of one member of the House of Representatives appointed by the Speaker of the House; one member of the Senate appointed by the President of the Senate; the chairperson of the House Committee on Appropriations or his or her designee; the chairperson of the 3820 JOURNAL OF THE SENATE House Committee on Health and Human Services or his or her designee; the chairperson of the House Committee on Ways and Means or his or her designee; the chairperson of the Senate Appropriations Committee or his or her designee; the chairperson of the Senate Health and Human Services Committee or his or her designee; the chairperson of the Senate Finance Committee; and the minority leaders of the Senate and House of Representatives or their designees. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. Beginning in 2013, and every four years thereafter, the chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee. Beginning in 2015, and every four years thereafter, the chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the actions of the board and the department under this article to evaluate the success with which the board and the department are accomplishing the statutory duties and functions as provided in this article. (b) The board and the department shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee set forth in this Code section may be timely and efficiently discharged. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the board and the department as set forth in this Code section. (c)(1) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (2) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 28, 2013 3821 Senator Hill of the 32nd moved that the Senate adopt the Conference Committee Report on SB 62. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Carter, J E Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone N Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 45, nays 5; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 62. The following bill was taken up to consider House action thereto: SB 225. By Senators Stone of the 23rd and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: 3822 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under certain circumstances; to change certain provisions relating to remission of forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, is amended by revising Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear and remission of forfeiture, as follows: "17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written statement of a licensed physician that the principal on the bond was prevented from attending by some court due to a mental or physical disability or the principal on the bond was receiving inpatient treatment as involuntary treatment, as such terms are defined in Code Section 37-3-1. (b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon the presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case, along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed on the principal. Should there be a failure to place a detainer or hold within 15 days, excluding Saturdays, Sundays, and legal holidays ten business days of the surety's service of a detainer or hold request, and after such presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court. (c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that prior to the entry of the judgment on the forfeiture THURSDAY, MARCH 28, 2013 3823 the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed against the principal. Should there be a failure to place a detainer or hold within 15 days, excluding Saturdays, Sundays, and legal holidays ten business days of the surety's service of a detainer or hold request, and after presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court. (c.1) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was deported by federal authorities. An official written notice of such deportation from a federal official shall be considered proof of the principal's deportation. (d) In cases in which paragraph (3) of this subsection (e) of this Code section is not applicable, on application filed within 120 days from the payment of judgment, the court shall order remission under the following conditions: (1) Provided the bond amount has been paid within 120 days after judgment and the delay has not prevented prosecution of the principal and upon application to the court with prior notice to the prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety caused the adjudication of the principal in the jurisdiction in which the bond was made principal is produced or otherwise appears before the court that has jurisdiction of the bond within such 120 day period. Should the surety, within two years of the principal's failure to appear, locate the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, or produce the principal, if the apprehension or surrender of the principal is substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made, the surety shall be entitled to a refund of 50 percent of the bond amount. The application for 50 percent remission shall be filed no later than 30 days following the expiration of the two-year period following the date of judgment; or 3824 JOURNAL OF THE SENATE (2) Remission shall be granted upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; or. (3)(e)(1) If, within 120 days after from payment of the judgment, the surety surrenders the principal to the sheriff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or the surety locates the principal in custody in another jurisdiction, the surety shall only be required to pay costs and 5 percent of the face amount of the bond, which amount includes all surcharges. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or that said surrender has been made and that 5 percent of the face amount of the bond and all costs have been tendered to the sheriff, the court shall direct that the judgment be marked satisfied and that the writ of execution, fi. fa., fieri facias be canceled. (2)(A) The court shall direct that the judgment be marked satisfied and that the writ of fieri facias be canceled, if within 120 days from payment of the judgment, the surety: (i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs to the sheriff; and (ii) Provides, in writing, the court and the prosecuting attorney for the court that has jurisdiction of the bond with competent evidence giving probable cause to believe that the principal is located in another jurisdiction within the United States and states that it will provide for the reasonable remuneration for the rendition of the principal, as estimated by the sheriff; and (B) The prosecuting attorney for the court that has jurisdiction of the bond: (i) Declines, in writing, to authorize or facilitate extradition; or (ii) Within ten business days of the notice provided pursuant to division (2)(A)(ii) of this subsection, fails to enter the appropriate extradition approval code into the computerized files maintained by the Federal Bureau of Investigation National Crime Information Center thereby indicating an unwillingness to extradite the principal." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Stone of the 23rd moved that the Senate agree to the House substitute to SB 225. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Harbison Y Harper Y Heath Henson Y Hill, H Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey THURSDAY, MARCH 28, 2013 3825 Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Gooch Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas N McKoon Y Millar Y Seay Y Shafer Y Sims Y Staton Y Stone Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 225. Senator Staton of the 18th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: HB 87. By Representatives Hightower of the 68th, Smith of the 70th, Powell of the 171st, Nix of the 69th, Cooke of the 18th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detailed maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 87 by striking in its entirety all matter therein, beginning with "A BILL TO BE ENTITLED AN ACT" and through the end of said substitute, and replacing it with the following: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to authorize the use of the boundaries of a restricted access residential community as the boundaries of a precinct; to require detailed 3826 JOURNAL OF THE SENATE maps and certain other information to be maintained; to require that such communities be open to the public on election days; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, is amended by revising Code Section 21-2-261.1, relating to boundary requirements for precincts, as follows: "21-2-261.1. (a) All voting precincts established or altered under the provisions of this article shall consist of areas which are bounded on all sides only by: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; (1.1)(2) The boundaries of public parks; (1.2)(3) The boundaries of public school grounds; (1.3)(4) The boundaries of churches; or (2)(5) The boundaries of counties and incorporated municipalities; or (6) The boundaries of restricted access residential communities. (b) The superintendent of a county or the governing authority of a municipality shall notify the board of registrars within ten days after such changes are adopted. (c) The superintendent of a county or the governing authority of a municipality shall file with the Secretary of State and the Legislative and Congressional Reapportionment Office: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) For precincts that use the boundaries of a restricted access residential community, a map clearly delineating the boundaries of the community and clearly depicting the streets contained within such community and a list of the streets within such community and the address ranges of such streets; and (6) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the this state." THURSDAY, MARCH 28, 2013 3827 SECTION 2. Said article is further amended by adding a new subsection (c) to Code Section 21-2-266, relating to polling places, to read as follows: "(c) When the boundaries of a restricted access residential community are used as the boundaries for a precinct and a polling place is established within such restricted access residential community for the use of the voters in such precinct, such restricted access community and polling place shall be open to full and complete access by the public when such polling place is in use on the day of a general or special primary or general or special election, including the time while poll officers are setting up the polling place prior to the opening of the polls, the time while the polls are open, and the time while the poll officers are completing the tabulation of the votes, election paperwork, and similar functions after the close of the polls. Such restricted access community and polling place shall also be open to full and complete access by the election superintendent, investigators of the State Election Board, all affected candidates and their representatives, and the public in the event of a recount or recanvass of the votes cast in any primary or election involving such precinct and polling place conducted at such precinct and polling place. In addition, in the event of a contest or challenge to the results of any primary or election involving such precinct and polling place, the election superintendent, upon reasonable notice and at reasonable times, may require such restricted access community and polling place to be open to full and complete access by the election superintendent, investigators of the State Election Board, and all affected candidates and their representatives for the purpose of determining the issues involved in such contest or challenge." 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 Dugan of the 30th moved that the Senate agree to the House amendment to the Senate substitute to HB 87. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Miller Mullis Y Murphy N Orrock N Ramsey Y Seay Y Shafer 3828 JOURNAL OF THE SENATE Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Loudermilk N Lucas Y McKoon Y Millar N Sims E Staton Y Stone N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 38, nays 14; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 87. The following bill was taken up to consider House action thereto: HB 207. By Representatives Shaw of the 176th, Roberts of the 155th, Tankersley of the 160th, Williams of the 168th, Nimmer of the 178th 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 licenses, permits, and stamps for hunting, trapping, or fishing, so as to provide a definition; to authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters; to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits for wildlife, so as to provide for an extended turkey season for young and mobility impaired hunters; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend HB 207 (LC 40 0398S) by striking lines 4 through 6 and inserting in lieu thereof the following: Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to allow the taking of foxes and bobcats with certain caliber rifles; to provide for related matters; to repeal conflicting laws; and for other purposes. By striking lines 31-87 and inserting in lieu thereof the following: Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, is amended by revising paragraph (4) as follows: "(4) Weapons for hunting small game shall be limited to shotguns with shot shell size THURSDAY, MARCH 28, 2013 3829 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 in addition to the weapons listed in this paragraph, any center-fire firearm of .17 caliber or larger may be used for hunting fox and bobcat. Nothing contained in this paragraph shall permit the taking of protected species;" Senator Harper of the 7th moved that the Senate agree to the House amendment to the Senate substitute to HB 207. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone N 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 amendment to the Senate substitute to HB 207. Senator Thompson of the 33rd asked unanimous consent to be excused for the rest of the legislative day. There was no objection. The following bill was taken up to consider House action thereto: 3830 JOURNAL OF THE SENATE SB 236. By Senators Jones of the 25th, Murphy of the 27th, Harper of the 7th, Tippins of the 37th, Ginn of the 47th 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 require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any, attributable to the Patient Protection and Affordable Care Act; 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 require insurers issuing accident and sickness policies in this state to indicate on their premium statement to consumers the amount of the premium increase, if any, attributable to the Patient Protection and Affordable Care Act; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-29-22, relating to notice of premium increase, as follows: "33-29-22. (a) Notice of any premium increase shall be mailed or delivered to each holder of an individual accident and sickness insurance policy not less than 60 days prior to the effective date of such increase. (b) Concurrently with any notice of premium increase or offer of new coverage because of discontinuance or termination of an existing plan of coverage, an insurer shall provide an estimate as to the amount or percentage of any premium increase which is attributable to the Patient Protection and Affordable Care Act. Such notices shall include the following statement: 'These increases are due to the federal Patient Protection and Affordable Care Act and not the enactment of any laws or regulations of the Governor of Georgia, the Georgia General Assembly, or the Georgia Department of Insurance.' This paragraph shall stand repealed on December 31, 2014." SECTION 2. Said title is further amended by revising Code Section 33-30-13, relating to notice of premium increases to be mailed or delivered to group policyholder, as follows: THURSDAY, MARCH 28, 2013 3831 "33-30-13. (a) Notice of the maximum amount of a group premium increase shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the group policy not less than 60 days prior to the effective date of the premium increase. (b) Concurrently with any notice of premium increase or offer of new coverage because of discontinuance or termination of an existing plan of coverage, an insurer shall provide an estimate as to the amount or percentage of any premium increase which is attributable to the Patient Protection and Affordable Care Act. Such notices shall include the following statement: 'These increases are due to the federal Patient Protection and Affordable Care Act and not the enactment of any laws or regulations of the Governor of Georgia, the Georgia General Assembly, or the Georgia Department of Insurance.' This paragraph shall stand repealed on December 31, 2014. (c) The commissioner of community health shall also provide notice to each person covered under the health insurance plans established pursuant to Article 1 of Chapter 18 of Title 45 when any premium increase occurs of how much of such increase is attributable to the federal Patient Protection and Affordable Care Act." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Jones of the 25th 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 Beach Y Bethel Y Burke N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport N Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone N Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 3832 JOURNAL OF THE SENATE On the motion, the yeas were 47, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 236. The following Senators were excused for business outside the Senate Chamber: Bethel of the 54th Chance of the 16th The following bill was taken up to consider House action thereto: HB 361. By Representatives Lindsey of the 54th, Hamilton of the 24th and Fleming of the 121st: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 34 of the O.C.G.A., relating to membership in labor organizations, so as to provide for definitions; to provide for statement of rights under federal law; to provide for certain contract and agreement employment rights; to provide for policy concerning passage of laws, ordinances, or contracts that waive or restrict federal labor laws; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21 of the O.C.G.A., 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 provide for severability; to repeal conflicting laws; and for other purposes. Senator Beach of the 21st moved that the Senate recede from its substitute to HB 361. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach E Bethel Y Burke N Butler Y Carter, B N Carter, J E Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Dugan N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B N Jones, E Y Ligon Y Miller Y Mullis Y Murphy N Orrock N Ramsey N Seay Y Shafer N Sims E Staton Y Stone N Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson THURSDAY, MARCH 28, 2013 3833 N Fort Y Ginn Y Golden Y Gooch Y Loudermilk N Lucas Y McKoon Y Millar Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 35, nays 17; the motion prevailed, and the Senate receded from its substitute to HB 361. 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 182. By Representatives Weldon of the 3rd, Atwood of the 179th, Welch of the 110th, Allison of the 8th, Dutton of the 157th 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 provide for the appointment of a judge pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 302. By Representatives Broadrick of the 4th, Harden of the 148th, Stephens of the 164th, Parrish of the 158th, Watson of the 166th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to add substances included under Schedule I controlled substances; to add substances included under Schedule III controlled substances; to revise drugs and substances identified as dangerous drugs; to revise exceptions to and exemptions from drugs and substances identified as dangerous drugs; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. HB 382. By Representatives Powell of the 171st, Lindsey of the 54th, Ehrhart of the 36th, Allison of the 8th, Dudgeon of the 25th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a 3834 JOURNAL OF THE SENATE 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. The House has agreed to the Senate amendment to the House amendment to the Senate substitute to the following Bill of the House: HB 463. By Representatives Rice of the 95th, Powell of the 32nd, Greene of the 151st and Yates of the 73rd: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as change the registration rates under the International Registration Plan for apportioned vehicles; to provide for the local ad valorem taxes on such vehicles to be included in the registration payment; to provide for distribution to local governing authorities; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 139. By Representatives Hamilton of the 24th, Carter of the 175th, Powell of the 32nd, Talton of the 147th, Jasperse of the 11th 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 THURSDAY, MARCH 28, 2013 3835 regarding sheriffs, so as to revise the general qualification requirements for sheriffs; to provide for related matters; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider the Conference Committee Report thereto: SB 137. By Senators Jeffares of the 17th, Bethel of the 54th and Jackson of the 24th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the commissioner of economic development to designate areas as opportunity zones; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 137 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 137 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Jeffares of the 17th /s/ Senator Jackson of the 24th /s/ Senator Bethel of the 54th /s/ Representative Coomer of the 14th /s/ Representative Channell of the 120th /s/ Representative Peake of the 141st COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 137 A BILL TO BE ENTITLED AN ACT To amend Code Section 48-2-35.1 of the Official Code of Georgia Annotated, relating to refunds of sales and use taxes, so as to clarify that a person who has erroneously or illegally paid sales tax to a dealer that collected and remitted such taxes to the revenue commissioner has an election either to file a refund claim initially with the commissioner or to submit a written refund request to the dealer and file a refund claim with the commissioner after being unable to obtain such refund from the dealer; to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in certain areas, so as to authorize the commissioner of economic 3836 JOURNAL OF THE SENATE development to designate areas as impoverished areas; 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 48-2-35.1 of the Official Code of Georgia Annotated, relating to refunds of sales and use taxes, is amended by revising subsection (d) as follows: "(d) Except as provided for in this subsection, for the purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer' as used in Code Section 48-2-35 shall mean a dealer as defined in Code Section 48-8-2 that collected and remitted erroneous or illegal sales and use taxes to the commissioner. A person that has erroneously or illegally paid sales taxes to a dealer that collected and remitted such taxes to the commissioner may elect to seek a refund from such dealer. Alternatively, such person may file a claim for refund either initially with the commissioner or, alternatively, elect to seek a refund from the dealer, by submitting a written request for refund to the dealer, and file a claim for refund with the commissioner after being unable to obtain a refund from such dealer. and Such person shall also be considered a taxpayer for purposes of filing a claim for refund with the commissioner under Code Section 48-2-35, but only if such person: (1) When filing a refund claim initially with the commissioner, provides the department with a notarized form prescribed by the commissioner and executed by the dealer affirming that the dealer: (A) Has not claimed or will not claim a refund of the same tax included in the person's request for refund; (B) Will provide to the person any information or documentation in the dealer's possession needed for submission to the department to support or prove the claim for refund; (C) Has remitted to the state the taxes being sought for refund; and (D) Has not taken or will not take a credit for taxes being sought for refund; or (2)(A) When filing a refund claim with the commissioner after being unable to obtain a refund from such dealer, such person provides a letter or other information as may be requested by the commissioner that either: (i) The dealer refused or was unable to refund the erroneously or illegally assessed and collected taxes; or (ii) The dealer did not act upon the person's written request for refund of the erroneously or illegally assessed and collected taxes within 90 days from the date of such request for refund. (B) Upon acceptance of such letter or information by the commissioner, the dealer shall be deemed to have assigned all rights to the refund to such person." SECTION 2. Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, is amended by revising subsection (c) as THURSDAY, MARCH 28, 2013 3837 follows: "(c) The commissioner of community affairs, and the commissioner of economic development in areas qualifying under the provisions of paragraphs (1), (3), and (4) of this subsection, also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised composed of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs and the commissioner of economic development, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; (2) Any area comprised composed of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised composed of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs and the commissioner of economic development, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buyouts, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs and the commissioner of economic development, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 15 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36 or where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36 and which, in the opinion of the commissioner of community affairs and the commissioner of economic development, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business." 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 Jeffares of the 17th moved that the Senate adopt the Conference Committee Report on SB 137. 3838 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E 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 adopted the Conference Committee Report on SB 137. Senator Chance of the 16th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 120. By Senators Crosby of the 13th, Stone of the 23rd, Jackson of the 24th, Cowsert of the 46th and Bethel of the 54th: A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: THURSDAY, MARCH 28, 2013 3839 A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for prosecuting attorneys in probate courts in counties where there is no state court; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to provide for related matters; to provide for construction with other laws; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding a new article to read as follows: "ARTICLE 8 15-9-150. (a) In any county in which there is no state court, the judge of the probate court may request the district attorney of the circuit in which the court is located to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. The district attorney may designate one or more members of his or her staff to handle such cases in the probate court. The district attorney and any members of his or her staff who prosecute criminal cases in the probate court may be compensated in an amount to be fixed by the governing authority of the county. (b) If for any reason the district attorney is unable to assist the probate court, he or she shall notify the probate court in writing, and the governing authority of the county, in its discretion, shall be authorized to create by ordinance or resolution the office of prosecuting attorney of the probate court, and the governing authority shall have the authority to hire the prosecuting attorney, who shall have the authority to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapter and Article 2 of Chapter 13 of Title 40. A copy of the resolution or ordinance creating the office of prosecuting attorney of the probate court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia. (c) It shall be the duty of the probate court clerk to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a probate court within 30 days of such appointment. (d) Unless otherwise provided by local law, the prosecuting attorney of the probate court shall serve at the pleasure of the governing authority of such county. 3840 JOURNAL OF THE SENATE 15-9-151. (a) Any person appointed as the prosecuting attorney of a probate court pursuant to subsection (b) of Code Section 15-9-150 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, an assistant district attorney may be appointed as the prosecuting attorney of a probate court when: (1) The district attorney who employs such assistant district attorney consents to such appointment; and (2) If such assistant district attorney is not employed in the judicial circuit in which the probate court is located, the district attorney for the judicial circuit in which the probate court is located consents to such appointment. (c) A district attorney may withdraw consent for an assistant district attorney's appointment pursuant to subsection (b) of this Code section at any time, provided that the probate court and the governing authority of the county in which such probate court is located is given notice not less than 30 days prior to the day that such assistant district attorney shall cease to serve as the prosecuting attorney of the probate court. 15-9-152. (a) In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a probate 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 for the Probate Court of (here state the county) County.' (b) The oath shall be administered and attested by the judge of the probate court of such county as provided in Code Section 45-3-3 and filed as provided in Code Section 45-3-5. 15-9-153. (a) Unless otherwise provided by local law, the governing authority of the county shall determine whether the prosecuting attorney of a probate court shall be a full-time or part-time prosecuting attorney. (b) Any full-time prosecuting attorney of a probate court and any full-time employees of the prosecuting attorney of a probate court shall not engage in the private practice of law. (c) Any part-time prosecuting attorney of a probate court and any part-time assistant prosecuting attorney of a probate court may engage in the private practice of law, but shall not practice in the probate court or appear in any matter in which that prosecuting attorney has exercised jurisdiction. A prosecuting attorney of a probate court and any assistant prosecuting attorney of a probate court shall be subject to all laws and rules governing the conduct of prosecuting attorneys in this state. THURSDAY, MARCH 28, 2013 3841 15-9-154. If the prosecuting attorney of a probate court is disqualified by interest or relationship 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 district attorney of such judicial circuit may prosecute such case. If the district attorney is to prosecute such case, the provisions of Code Section 15-18-5 shall apply. 15-9-155. (a) The prosecuting attorney of a probate court shall have the duty and authority to represent the state: (1) In the probate court: (A) In the prosecution of any violation of the laws or ordinances of such county which is within the jurisdiction of such probate court and punishable by confinement or a fine or both or by a civil penalty authorized by Code Section 40-6163; (B) In the prosecution of any violation of state laws which by general law probate courts have been granted jurisdiction to try and dispose of such offenses, specifically including those offenses described in Article 2 of this chapter and Code Section 40-13-21; and (C) In the prosecution of any weapons carry license revocation or denial pursuant to Code Section 16-11-129; (2) In the appeal of any case prosecuted in the probate court to the superior court or the appellate courts of this state; (3) In any case in which the defendant was convicted in the probate 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 probate 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 probate court; (2) Dismiss, amend, or enter a nolle prosequi on any accusation, citation, or summons filed in the probate court as provided by law, except that the prosecuting attorney of a probate 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 probate 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 the district attorney for the judicial circuit; (3) Reduce to judgment any fine, forfeiture, or restitution imposed by the probate court as part of a sentence in an ordinance case or forfeiture of a recognizance which 3842 JOURNAL OF THE SENATE is not paid in accordance with the order of the court. A prosecuting attorney of a probate 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 prosecuting 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 probate 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 probate court has, by law, jurisdiction to try and dispose of. 15-9-156. The prosecuting attorney of a probate court shall be compensated by the county as provided by local law or, in the absence of such local law, as provided by the governing authority of such county. The prosecuting attorney of a probate 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 county employees. 15-9-157. The prosecuting attorney of a probate 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 county. The prosecuting attorney of a probate 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 county. 15-9-158. (a) Any assistant prosecuting attorney or other attorney at law employed by the county for the purposes of prosecuting in the probate court shall be a member in good standing of the State Bar of Georgia. (b) A qualified law student or law school graduate who is allowed to practice pursuant to Code Section 15-18-22 or the Supreme Court of Georgia's rules governing such practice may assist in the prosecution of cases in the probate court." SECTION 2. The provisions of this Act shall not be construed as altering any agreement in existence on the effective date of this Act between a county governing authority or a probate court of a county with the district attorney for the judicial circuit in which such probate court for the district attorney to prosecute case in the probate court of such county nor shall this Act apply in any county in which the General Assembly has by local act provided for a prosecutor in the probate court. THURSDAY, MARCH 28, 2013 3843 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 Crosby of the 13th moved that the Senate agree to the House substitute to SB 120. On the motion, a roll call was taken and the vote was as follows: Albers Y Balfour Y Beach E Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 120. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the House: 3844 JOURNAL OF THE SENATE HB 142. By Representatives Ralston of the 7th, O`Neal of the 146th, Smyre of the 135th, Jones of the 47th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the O.C.G.A., relating to ethics in government, so as to change certain provisions relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission; to change certain provisions relating to definitions relative to public officers' conduct and lobbyist disclosure; to change certain provisions relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions; to regulate certain contact between lobbyists and members of the General Assembly and the making or acceptance of certain expenditures; to repeal conflicting laws; and for other purposes. Mr. President: The House has adopted the report of the Committee of Conference on the following Bill of the Senate: SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 36-60-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 323. By Representatives Powell of the 32nd, Taylor of the 173rd, Lumsden of the 12th, Glanton of the 75th, Hitchens of the 161st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the O.C.G.A., relating to identification and regulation of motor vehicles so as THURSDAY, MARCH 28, 2013 3845 to modify the age for operation of certain commercial motor vehicle operators; to amend Code Section 40-1-167, relating to required information on license plates of limousines, so as to modify provisions relating to requirements on limousine license plates; to amend Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalties, so as to authorize the Department of Public Safety to assess an undetermined application fee for towing companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House recedes from its position in disagreeing to the Senate amendment to the House amendment to the Senate substitute to the following Bill of the House: HB 283. By Representatives Coleman of the 97th, England of the 116th, Dickson of the 6th, Kaiser of the 59th, Dudgeon of the 25th 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 update and revise terminology; to delete obsolete, unused, and unnecessary provisions; to revise funding weights; to revise provisions for earning funding for certain personnel; to revise provisions relating to submission of available positions; to provide for a grant program for technology capital; to revise provisions relating to home study programs; to clarify and revise certain provisions regarding charter schools, charter petitions, and charter funding; to authorize the Office of Student Achievement to establish a nonprofit corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: HB 234. By Representatives Smith of the 70th, Ramsey of the 72nd, Lindsey of the 54th and Epps of the 132nd: A BILL to be entitled an Act to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to enact a new chapter that provides for notice of automatic renewal provisions in service contracts; to provide for notice to a consumer prior to the automatic renewal of a service contract; to provide for definitions; to provide for exemptions; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. 3846 JOURNAL OF THE SENATE The House amendment to the Senate substitute was as follows: Amend the substitute to HB 234 (HB 234/SCSFA/2) by striking line 19 and inserting in lieu thereof the following: (2) 'Consumer' means a natural person or a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 receiving service, maintenance, or repair benefits Senator Gooch of the 51st moved that the Senate agree to the House amendment to the Senate substitute to HB 234. On the motion, a roll call was taken and the vote was as follows: Y Albers Balfour Y Beach Y Bethel Y Burke Butler Y Carter, B Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson 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 234. The following bill was taken up to consider House action thereto: SB 11. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council THURSDAY, MARCH 28, 2013 3847 and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties; to provide for rules and regulations; to provide for automatic repeal; 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 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to reestablish the Georgia Geospatial Advisory Council and provide for its membership; to provide for definitions; to provide legislative intent; to provide for duties and powers; to provide for rules and regulations; to provide for effect; 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. Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, is amended by adding a new Code section to read as follows: "12-5-9. (a) As used in this Code section, the term: (1) 'Director' means the director of the division. (2) 'Division' means the Environmental Protection Division of the department. (b) It is the intent of the General Assembly to provide the general public with access to reliable geospatial data, including but not limited to flood map modernization. Currently, Georgia lacks many of the components which would provide for reliable data such as geospatial coordination and collaboration, policies, standards, state-wide geospatial datasets, current inventory, state-wide license agreements, business and strategic plans, trained work force, data life cycle support, and contract and program management support. (c)(1) In order to provide reliable geospatial data to the public, there shall be created the Georgia Geospatial Advisory Council. The division shall coordinate the creation of such council. (2) The council shall consist of the executive officer, or his or her designee, of each of the following entities of this state: (A) Association County Commissioners of Georgia; (B) Department of Community Affairs; (C) Department of Economic Development; (D) Department of Homeland Security; 3848 JOURNAL OF THE SENATE (E) Department of Natural Resources; (F) Department of Public Health; (G) Department of Revenue; (H) Department of Transportation; (I) Environmental Protection Division; (J) Georgia Association of Regional Commissions; (K) Georgia Emergency Management Agency; (L) Georgia Environmental Finance Authority; (M) Georgia Municipal Association; (N) Georgia Technology Authority; (O) Office of Planning and Budget; (P) State Forestry Commission; and (Q) State Properties Commission. No member shall continue to serve on the council if no longer an employee or officer of the entity he or she represents. Additional entities may seek consideration for membership by request and shall be appointed by majority vote of the council. The chairperson of the Georgia Geographical Informations Systems Coordinating Committee shall serve on the council in a nonvoting advisory capacity. (3) The council shall meet initially upon the call of the director and shall elect a chairperson at the initial meeting. Subsequent meetings shall be called by the chairperson; provided, however, that the council shall meet at least quarterly. Councilmembers shall receive no compensation for their services as members of the council, but their travel expenses, if any, related to the performance of their official duties may be covered by the departments, agencies, or organizations they represent. (d) In carrying out its purposes under this Code section, the council shall have the following general duties and powers: (1) To monitor, study, and ascertain, in cooperation with other state and local agencies and any agency of the United States government, the state's present geospatial capabilities, the need for strengthening capabilities, and the extent to which such needs are being currently met; (2) To strategically plan for a sustainable state geographical informations systems program; (3) To seek input from relevant stakeholders; (4) To compile and disseminate reports; (5) To coordinate with and make recommendations to the Governor, the General Assembly, state agencies, counties, municipalities, and other political subdivisions of this state regarding geographical informations systems; and (6) To adopt bylaws for the conduct of its business. (e) The council shall audit Georgia's geospatial capabilities at county, regional, and state levels. The audit shall contain a complete status update and recommendations for utilizing the geospatial capabilities in Georgia to meet Federal Emergency Management Agency notification requirements, recommendations for moving forward to achieve governmental data interoperability and enhanced delivery of services to Georgia THURSDAY, MARCH 28, 2013 3849 citizens through the geospatial approach, and any other information determined by the council to be necessary for the advancement of geospatial technology. (f) The council shall closely coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures. (g) The reports generated by the council shall be made available on an annual basis by the department to the members of the General Assembly, all departments and agencies of state government, and all county and municipal governments and shall be posted on the Internet website of the department. (h) The Board of Natural Resources shall promulgate such rules and regulations as may be reasonable and necessary for the administration of this Code section. (i) This Code section shall not in any way affect regulation of professional engineers and land surveyors pursuant to Chapter 15 of Title 43. (j) This Code section shall stand repealed on June 30, 2016." 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 11. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Ligon Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 11. 3850 JOURNAL OF THE SENATE The following bill was taken up to consider the Conference Committee Report thereto: SB 160. By Senators Ginn of the 47th, Miller of the 49th, Jones of the 25th, Cowsert of the 46th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 13-10-91 of the O.C.G.A., relating to verification of new employee eligibility, applicability, and rules and regulations, so as to provide for an annual report by public employers relative to compliance with certain laws; to amend Code Section 3660-6 of the O.C.G.A., relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, so as to exempt from such Code section persons who have fully complied in the past; to amend Chapter 36 of Title 50 of the O.C.G.A., relating to verification of lawful presence within the United States, so as to change a certain definition; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 160 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 160 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Ginn of the 47th /s/ Senator Stone of the 23rd /s/ Senator Balfour of the 9th /s/ Representative Hightower of the 68th /s/ Representative Ramsey of the 72nd /s/ Representative Pak of the 108th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 160 A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to modify provisions relating to penalties for the failure of a public employer to utilize the federal work authorization program and modify provisions relating to requiring private employers to utilize the federal work authorization program; to provide legislative intent relative thereto; to amend Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to THURSDAY, MARCH 28, 2013 3851 utilization of the federal work authorization program, so as to modify provisions relating to private businesses participating in the employment eligibility verification system prior to the issuance of a business license or other document and provisions related to evidence of state licensure, annual reporting, and violations; to amend Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, so as to correct a cross-reference; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to modify provisions relating to the "Secure and Verifiable Identity Document Act" and the provision of public benefits to illegal aliens and to add new provisions relating to requiring agencies to submit annual immigration compliance reports; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-90, relating to definitions pertaining to security and immigration compliance, as follows: "13-10-90. As used in this article, the term: (1) 'Commissioner' means the Commissioner of Labor. (2) 'Contractor' means a person or entity that enters into a contract for the physical performance of services with a public employer. (3) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify employment eligibility information of newly hired employees, commonly known as E-Verify, or any subsequent replacement program. (4) 'Physical performance of services' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor or services for a public employer within this state under a contract or other using a bidding process or by contract wherein the labor or services exceed $2,499.99; provided, however, that such term shall not include any contract between a public employer and an individual who is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing when such contract is for services to be rendered by such individual. (5) 'Public employer' means every department, agency, or instrumentality of the this state or a political subdivision of the this state with more than one employee. (6) 'Subcontractor' means a person or entity having privity of contract with a 3852 JOURNAL OF THE SENATE contractor, subcontractor, or sub-subcontractor and includes a contract employee or staffing agency. (7) 'Sub-subcontractor' means a person or entity having privity of contract with a subcontractor or privity of contract with another person or entity contracting with a subcontractor or sub-subcontractor." SECTION 2. It is the intent of the General Assembly that all public employers and contractors at every tier and level use the federal work authorization program on all projects, jobs, and work resulting from any bid or contract and that every public employer and contractor working for a public employer take all possible steps to ensure that a legal and eligible workforce is utilized in accordance with federal immigration and employment. SECTION 3. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising paragraph (1) of subsection (b) and subparagraph (b)(7)(A) of Code Section 13-10-91, relating to verification of new employee eligibility, applicability, and rules and regulations, as follows: "(b)(1) A public employer shall not enter into a contract pursuant to this chapter for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following: (A) The affiant has registered with, is authorized to use, and uses the federal work authorization program; (B) The user identification number and date of authorization for the affiant; (C) The affiant will continue to use the federal work authorization program throughout the contract period; and (D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt." "(7)(A) Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer's federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer. THURSDAY, MARCH 28, 2013 3853 Public employers subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this subsection. Subject to available funding, the state auditor shall conduct annual compliance audits on a minimum of at least one-half of the reporting agencies and publish the results of such audits annually on the department's Department of Audits and Accounts' website on or before September 30." SECTION 4. Code Section 36-60-6 of the Official Code of Georgia Annotated, relating to utilization of the federal work authorization program, issuance of a business or similar license, evidence of state licensure, annual reporting, form affidavit, violations, and investigations, is amended by revising subsections (d), (e), and (f) as follows: "(d)(1) Before any county or municipal corporation issues or renews a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer's federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees. (2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section. (e) Beginning December 31, 2012, and annually thereafter, any county or municipal corporation issuing or renewing a business license, occupational tax certificate, or other 3854 JOURNAL OF THE SENATE document required to operate a business shall provide to the Department of Audits and Accounts a report demonstrating that such county or municipality is acting in compliance with the provisions of this Code section. This annual report shall identify each license or certificate issued by the agency in the preceding 12 months and include the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the affidavit submitted at the time of application. Counties and municipal corporations subject to the requirements of this Code section shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies. (f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which may shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law's official website no later than January 1, 2012." SECTION 5. Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, is amended by revising subsection (c) as follows: "(c) Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (c) (d) of Code Section 50-36-1." SECTION 6. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-361, relating to verification requirements, procedures, and 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. THURSDAY, MARCH 28, 2013 3855 (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 public benefit which shall include the following: (i)(A) Adult education; (ii)(B) Authorization to conduct a commercial enterprise or business; (iii)(C) Business certificate, license, or registration; (iv)(D) Business loan; (v)(E) Cash allowance; (vi)(F) Disability assistance or insurance; (vii)(G) Down payment assistance; (viii)(H) Energy assistance; (ix)(I) Food stamps; (x)(J) Gaming license; (K) Grants; (xi)(L) Health benefits; (xii)(M) Housing allowance, grant, guarantee, or loan; (xiii)(N) Loan guarantee; (xiv)(O) Medicaid; (xv)(P) Occupational license; (xvi)(Q) Professional license; (R) Public and assisted housing; (xvii)(S) Registration of a regulated business; (xviii)(T) Rent assistance or subsidy; (U) Retirement benefits; (xix)(V) State grant or loan; (xx)(W) State issued driver's license and identification card; (xxi)(X) Tax certificate required to conduct a commercial business; (xxii)(Y) Temporary assistance for needy families (TANF); (xxiii)(Z) Unemployment insurance; and (xxiv)(AA) Welfare to work. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'public benefit' that may be administered in this state as defined in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the description of the benefit and shall be updated annually and distributed to the members of the General Assembly and be posted to the Attorney General's website. (5) 'SAVE program' means the federal Systematic Alien Verification for Entitlements program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security for the same purpose. (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 3856 JOURNAL OF THE SENATE United States under federal immigration law 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 in the United States under federal immigration law under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States under federal immigration law is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or (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. (e) All policies of agencies or political subdivisions regarding public benefits for postsecondary education shall comply with federal law as provided in 8 U.S.C. Section 1623. (e)(f)(1) Except as provided in subsection (g) of this Code section, an An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to: (A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and THURSDAY, MARCH 28, 2013 3857 (B) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States and stating under federal immigration law; provided, however, that if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that: (i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or (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 providing provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts' official website. (3) Documents and 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 shall include a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmitted method approved by the agency or political subdivision. (4) The requirements of this subsection shall not apply to any applicant applying for or renewing an application for a public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document, as defined in Code Section 50-36-2, and a signed and sworn affidavit affirming that such applicant is a United States citizen. (g)(1) The Department of Driver Services shall require every applicant for a state issued driver's license or state identification card to submit, in person, an original secure and verifiable document, as defined in Code Section 50-36-2, and execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States under federal immigration law. (2) The requirements of this subsection shall not apply to any applicant renewing a state issued driver's license or state identification card when such applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document, as defined in Code Section 50-36-2, and a signed and sworn affidavit affirming that such applicant is a United States citizen. (f)(h) 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 SAVE program. Until such 3858 JOURNAL OF THE SENATE eligibility verification is made, the affidavit may be presumed to be proof of lawful presence in the United States under federal immigration law for the purposes of this Code section. (g)(i) 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)(j) Verification of citizenship through means required by federal law shall satisfy the requirements of this Code section. (i)(k) 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. Agencies and political subdivisions subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 5036-4 as proof of compliance with this subsection. Any agency or political subdivision failing to provide a report as required by this subsection shall not be entitled to any financial assistance, funds, or grants from the Department of Community Affairs. (j)(l) Any and all errors and significant delays by the SAVE program shall be reported to the United States Department of Homeland Security. (k)(m) Notwithstanding subsection (g) (i) of this Code section, any applicant for public benefits shall not be guilty of any crime for executing an affidavit attesting to his or her lawful presence in the United States under federal immigration law that contains a false statement if said such affidavit is not required by this Code section. (l)(n) 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)(o) Compliance with this Code section by an agency or political subdivision shall include taking all reasonable, necessary steps required by a federal agency to receive authorization to utilize the SAVE program or any successor program designated by the United States Department of Homeland Security or other federal agency, including providing copies of statutory authorization for the agency or political subdivision to provide public benefits and other affidavits, letters of memorandum of understanding, or other required documents or information needed to receive authority to utilize the SAVE program or any successor program for each public benefit provided by such 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 be liable for failing to use the SAVE program or any such successor THURSDAY, MARCH 28, 2013 3859 program to verify eligibility for public benefits. (n)(p) 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)(q) 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 7. Said chapter is further amended by revising Code Section 50-36-2, relating to secure and verifiable identification documents, as follows: "50-36-2. (a) This Code section shall be known and may be cited as the 'Secure and Verifiable Identity Document Act.' (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)(A) 'Secure and verifiable document' means a document issued by a state or federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies and shall include: (i) An original or certified birth certificate issued by a state, county, municipal authority, or territory of the United States bearing an official seal; (ii) A certification of report of birth issued by the United States Department of State; 3860 JOURNAL OF THE SENATE (iii) A certification of birth abroad issued by the United States Department of State; or (iv) A consular report of birth abroad issued by the United States Department of State. (B) The term 'secure and verifiable document' shall not include any foreign passport unless the passport is submitted with a valid United States Homeland Security Form I-94, I-94A, or I-94W, or other federal document specifying an alien's lawful immigration status, or other proof of lawful presence in the United States under federal immigration law, or 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. Only those documents approved and posted by the Attorney General pursuant to subsection (f) (g) of this Code section shall be considered secure and verifiable documents. (c) Unless required by federal law, on or after January 1, 2012, no agency or political subdivision shall accept, rely upon, or utilize an identification document for any official purpose that requires the presentation of identification by such agency or political subdivision or by federal or state law unless it is a secure and verifiable document. (d) Copies of secure and verifiable documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this subsection, electronic submission shall include, but shall not be limited to, submission via facsimile, Internet, or any other electronically assisted transmitted method approved by the agency or political subdivision. (d)(e) Any person acting in willful violation of this Code section by knowingly accepting identification documents that are not secure and verifiable documents shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. (e)(f) This Code section shall not apply to: (1) A person reporting a crime; (2) An agency official accepting a crime report, conducting a criminal investigation, or assisting a foreign national to obtain a temporary protective order; (3) A person providing services to infants, children, or victims of a crime; (4) A person providing emergency medical service; (5) A peace officer in the performance of the officer's official duties and within the scope of his or her employment; (6) Instances when a federal law mandates acceptance of a document; (7) A court, court official, or traffic violation bureau for the purpose of enforcing a citation, accusation, or indictment; (8) Paragraph (2) of subsection (a) of Code Section 40-5-21 or paragraph (2) of subsection (a) of Code Section 40-5-21.1; or (9) An attorney or his or her employees for the purpose of representing a criminal defendant; or (10) The provision of utility services related to basic human necessities, including THURSDAY, MARCH 28, 2013 3861 water, sewer, electrical power, communications, and gas. (f)(g) Not later than August 1, 2011, the Attorney General shall provide and make public on the Department of Law's website a list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General." SECTION 8. Said chapter is further amended by adding a new Code section to read as follows: "50-36-4. (a) As used in this Code section, the term: (1) 'Agency or political subdivision' means any department, agency, authority, commission, or governmental entity of this state or any subdivision of this state. (2) 'Annual reporting period' means from December 1 of the preceding year through November 30 of the year in which the report is due. (3) 'Contractor' shall have the same meaning as set forth in Code Section 13-10-90. (4) 'Department' means the Department of Audits and Accounts. (5) 'Physical performance of services' shall have the same meaning as set forth in Code Section 13-10-90. (6) 'Public employer' shall have the same meaning as set forth in Code Section 13-1090. (b) Each agency or political subdivision subject to any of the requirements provided in Code Sections 13-10-91, 36-60-6, and 50-36-1 shall submit an annual immigration compliance report to the department by December 31 that includes the information required under subsection (d) of this Code section for the annual reporting period. If an agency or political subdivision is exempt from any, but not all, of the provisions of subsection (d) of this Code section, it shall still be required to submit the annual report but shall indicate in the report which requirements from which it is exempt. (c) The department shall create an immigration compliance reporting system and shall provide technical support for the submission of such reports. The department shall further provide annual notification of such reports with submission instructions to all agencies and political subdivisions subject to such requirements. The department shall be authorized to implement policy as is needed to carry out the requirements of this subsection. (d) The immigration compliance report provided for in subsection (b) of this Code section shall contain the following: (1) The agency or political subdivision's federal work authorization program verification user number and date of authorization; (2) The legal name, address, and federal work authorization program user number of every contractor that has entered into a contract for the physical performance of services with a public employer as required under Code Section 13-10-91 during the annual reporting period; (3) The date of the contract for the physical performance of services between the contractor and public employer as required under Code Section 13-10-91; (4) A listing of each license or certificate issued by a county or municipal corporation 3862 JOURNAL OF THE SENATE to private employers that are required to utilize the federal work authorization program under the provisions of Code Section 36-60-6 during the annual reporting period, including the name of the person and business issued a license and his or her federally assigned employment eligibility verification system user number as provided in the private employer affidavit submitted at the time of application; and (5)(A) A listing of each public benefit administered by the agency or political subdivision and a listing of each public benefit for which SAVE program authorization for verification has not been received. (B) As used in this paragraph, the terms 'public benefit' and 'SAVE program' shall have the same meaning as set forth in Code Section 50-36-1. (e) In the event that the immigration compliance report submitted by an agency or political subdivision is found to be deficient by the department, so long as a new immigration compliance report is submitted with the prior deficiencies corrected and fully complies with this Code section, such agency or political subdivision shall be deemed to have satisfied the requirements of this Code section. (f) Any action taken by an agency or a political subdivision for the purpose of complying with the requirements of this Code section shall not subject such agency or political subdivision to any civil liability arising from such action. (g) The department shall not find an agency or a political subdivision to be in violation of this Code section as a result of any actions or omissions by a county constitutional officer." SECTION 9. This Act shall become effective on July 1, 2013. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Ginn of the 47th moved that the Senate adopt the Conference Committee Report on SB 160. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B Carter, J Y Chance Y Cowsert N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y Miller Y Mullis Y Murphy N Orrock N Ramsey Y Seay Y Shafer Sims E Staton Y Stone THURSDAY, MARCH 28, 2013 3863 Y Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Y Gooch Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar N Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 43, nays 9; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 160. The following bill was taken up to consider House action thereto: SB 168. By Senators Tippins of the 37th, Mullis of the 53rd, Williams of the 19th, Tolleson of the 20th, Chance of the 16th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 10 of Title 13 of the O.C.G.A., relating to bonds relating to contracts for public works, and Article 2 of Chapter 91 of Title 36 of the O.C.G.A., relating to contracting and bidding requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to bonds relating to contracts for public works and Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracting and bidding requirements, respectively, so as to provide that no bidder shall be disqualified from a bid or proposal or denied prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if the bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs, the bidder has experience in performing the work for which bids or proposals are sought, and the bidder is capable of being bonded for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. 3864 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to bonds relating to contracts for public works, is amended by adding a new Code section to read as follows: "13-10-4. In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no bidder shall be disqualified from a bid or proposal or denied prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if: (1) The bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs; (2) The bidder has experience in performing the work for which bids or proposals are sought; and (3) The bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought." SECTION 2. Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracting and bidding requirements, is amended by adding a new Code section to read as follows: "36-91-23. In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no responsible bidder shall be disqualified from a bid or proposal or denied prequalification based upon a lack of previous experience with a job of the size for which the bid or proposal is being sought if: (1) The bid or proposal is not more than 30 percent greater in scope or cost from the responsible bidder's previous experience in jobs; (2) The responsible bidder has experience in performing the work for which bids or proposals are sought; and (3) The responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought." 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. THURSDAY, MARCH 28, 2013 3865 Senator Tippins of the 37th moved that the Senate agree to the House substitute to SB 168. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 168. The following Senate legislation was introduced, read the first time and referred to committee: SB 279. By Senators Miller of the 49th, Carter of the 42nd, Mullis of the 53rd, James of the 35th, Hufstetler of the 52nd and others: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to include cyberbullying in the definition of "bullying"; to provide for professional development for bullying prevention strategies and intervention; to provide for linguistically and culturally appropriate notification to parents regarding bullying; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. 3866 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 86. By Senator Stone of the 23rd: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to define "family violence order"; to change provisions relating to arrests with and without warrants involving family violence orders; to change provisions relating to bail for persons charged with violating family violence orders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 5 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating to stalking and criminal procedure, respectively, so as to provide greater protection to victims of family violence; to provide for definitions; to change provisions relating to arrests without warrants involving certain family violence orders; to change provisions relating to bail for persons charged with violating certain family violence orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by revising Code Section 16-5-95, relating to the offense of violating a family violence order, as follows: "16-5-95. (a) As used in this Code section, the term: (1) 'Civil family violence order' means any temporary protective order or permanent protective order issued pursuant to Article 1 of Chapter 13 of Title 19. (2) 'Criminal family violence order' means: (A) Any order of pretrial release issued as a result of an arrest for an act of family violence; or (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence. (3) 'Family violence' shall have the same meaning as set forth in Code Section 19-131. THURSDAY, MARCH 28, 2013 3867 (a)(b) A person commits the offense of violating a civil family violence order or criminal family violence order when the such person knowingly and in a nonviolent manner violates the terms of a family violence temporary restraining order, temporary protective order, permanent restraining order, or permanent protective such order issued against that person pursuant to Article 1 of Chapter 13 of Title 19, which: (1) Excludes, evicts, or excludes and evicts the person from a residence or household; (2) Directs the person to stay away from a residence, workplace, or school; (3) Restrains the person from approaching within a specified distance of another person; or (4) Restricts the person from having any contact, direct or indirect, by telephone, pager, facsimile, e-mail, or any other means of communication with another person, except as specified in the such order. (b)(c) Any person convicted of a violation of subsection (a) (b) of this Code section shall be guilty of a misdemeanor. (c)(d) Nothing contained in this Code section shall prohibit a prosecution for the offense of stalking or aggravated stalking that arose out of the same course of conduct; provided, however, that, for purposes of sentencing, a violation of this Code section shall be merged with a violation of any provision of Code Section 16-5-90 or 16-5-91 that arose out of the same course of conduct." SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-4-20, relating to authorization of arrests with and without warrants, as follows: "(a) An arrest for a crime may be made by a law enforcement officer: (1) Under either under a warrant; or (2) Without without a warrant if: (A) The the offense is committed in such officer's presence or within such officer's immediate knowledge; (B) The if the offender is endeavoring to escape; (C) The if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; (D) The officer has probable cause to believe that the offender has violated a criminal family violence order, as defined in Code Section 16-5-95; provided, however, that such officer shall not have any prior or current familial relationship with the alleged victim or the offender; (E) The if the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or (F) For for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant." 3868 JOURNAL OF THE SENATE SECTION 3. Said title is further amended by revising subparagraph (b)(2)(B) of Code Section 17-6-1, relating to where offenses are bailable, as follows: "(B) When an arrest is made by a law enforcement officer without a warrant upon an act of family violence or a violation of a criminal family violence order pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21." 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 Stone of the 23rd moved that the Senate agree to the House substitute to SB 86. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E 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 86. THURSDAY, MARCH 28, 2013 3869 The following bill was taken up to consider House action thereto: SB 179. By Senators Hill of the 6th and Dugan of the 30th: A BILL to be entitled an Act to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, and Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an exception; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 13, Chapter 91 of Title 36, and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to contracts for public works, public works bidding, and general authority, duties, and procedure relative to state purchasing, respectively, so as to provide that, if a sealed competitive proposal is requested and price or project cost is not a selection or evaluation factor, no bid bond shall be required; to provide for an exception; to provide for certain contracting and bidding requirements for governmental entities and the Department of Administrative Services relative to public works construction contracts; to correct statutory references; to authorize incentives in contracts for early project completion by contractors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by revising Code Section 13-10-3, relating to determining Georgia residency for business, preferences, and adherence to policies and procedures of State Construction Manual, as follows: "13-10-3. (a) For the purpose of determining residency under this Code section, a Georgia resident business shall include any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal submitted pursuant to this Code section or a new business that is domiciled in 3870 JOURNAL OF THE SENATE Georgia which regularly maintains a place from which business is physically conducted in Georgia; provided, however, that a place of business shall not include a post office box, site trailer, or temporary structure. (b) Whenever the state contracts for the doing of a public work, materialmen, contractors, builders, architects, engineers, and laborers resident in the State of Georgia are to be granted the same preference over materialmen, contractors, builders, architects, engineers, and laborers resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to materialmen, contractors, builders, architects, engineers, and laborers resident in such other state over materialmen, contractors, builders, architects, engineers, and laborers resident in the State of Georgia. However, these requirements shall in no way impair the ability of the state to compare the quality of materials proposed for purchase and to compare the qualifications, character, responsibility, and fitness of materialmen, contractors, builders, architects, engineers, and laborers proposed for employment in its consideration of the purchase of materials or employment of persons. This subsection shall not apply to transportation projects for which federal aid funds are available. (c) All state agencies, authorities, departments, commissions, boards, and similar entities shall adhere to the policies and procedures contained in the State Construction Manual for project management and procurement of, and contracting for, design, construction, and other project related professional services for all state owned buildings in Georgia funded by state bonds or other state revenue. The State Construction Manual shall be jointly edited and posted on a state website by the Georgia State Financing and Investment Commission and the Board of Regents of the University System of Georgia and shall be updated on a periodic basis to reflect evolving owner needs and industry best practices after consultation with other state agency and industry stakeholders. (d)(1) To the extent permitted by law, no state agency, authority, department, commission, board, or similar 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: (A) 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 (B) 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. (2) 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. (3) The head of a governmental entity may exempt a particular public works THURSDAY, MARCH 28, 2013 3871 construction contract from the requirements of any or all of the provisions of paragraph (1) of this subsection if the governmental entity finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstance under this paragraph shall not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations or concerning employees on the particular project who are not members of or affiliated with a labor organization." SECTION 2. Said chapter is further amended in Code Section 13-10-20, relating to large public works contracts, requirements for bid bonds, and withdrawal of bid, by adding a new subsection to read as follows: "(e) When the state invites competitive sealed proposals for a public works construction project and the request for proposals for such project states that price or project cost will not be a selection or evaluation factor, no bid bond shall be required unless the state provides for a bid bond in the request for proposals and specifies the amount of such bond." SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 13-10-62, relating to notice of commencement, as follows: "(b) The failure to file a notice of commencement shall render the notice to the contractor requirements of paragraph (1) (2) of subsection (a) of Code Section 13-10-63 inapplicable." SECTION 4. Said chapter is further amended in Article 1, relating to general provisions, by adding a new part to read as follows: "Part 5 13-10-70. Public works construction contracts may include both liquidated damages provisions for late construction project completion and incentive provisions for early construction project completion when the project schedule is deemed to have value. The terms of the liquidated damages provisions and the incentive provisions shall be established in advance as a part of the construction contract and included within the terms of the bid or proposal." SECTION 5. Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, is amended in Code Section 36-91-21, relating to competitive award requirements, by redesignating subsections (f) and (g) as subsections (g) and (h), 3872 JOURNAL OF THE SENATE respectively, and by adding a new subsection to read as follows: "(f)(1) 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: (A) 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 (B) 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. (2) 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. (3) The head of a governmental entity may exempt a particular public works construction contract from the requirements of any or all of the provisions of paragraph (1) of this subsection if the governmental entity finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstance under this paragraph shall not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations or concerning employees on the particular project who are not members of or affiliated with a labor organization." SECTION 6. Said chapter is further amended in Article 2, relating to contracting and bidding requirements, by adding a new Code section to read as follows: "36-91-23. Public works construction contracts may include both liquidated damages provisions for late construction project completion and incentive provisions for early construction project completion when the project schedule is deemed to have value. The terms of the liquidated damages provisions and the incentive provisions shall be established in advance as a part of the construction contract and included within the terms of the bid or proposal." SECTION 7. Said chapter is further amended in Part 1 of Article 3, relating to general provisions regarding bonds, by adding a new Code section to read as follows: "36-91-41. When a governmental entity invites competitive sealed proposals for a public works construction project and the request for proposals for such project states that price or THURSDAY, MARCH 28, 2013 3873 project cost will not be a selection or evaluation factor, no bid bond shall be required unless the governmental entity provides for a bid bond in the request for proposals and specifies the amount of such bond." SECTION 8. Said chapter is further amended by revising subsection (b) of Code Section 36-91-92, relating to notice of commencement, as follows: "(b) The failure to file a notice of commencement shall render the notice to contractor requirements of paragraph (1) (2) of subsection (a) of Code Section 36-91-93 inapplicable." SECTION 9. 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 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)(1) Notwithstanding subsections (a) and (b) of this Code section and to the extent permitted 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: (A) 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 (B) 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. 3874 JOURNAL OF THE SENATE (2) 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. (3) The head of a governmental entity may exempt a particular public works construction contract from the requirements of any or all of the provisions of paragraph (1) of this subsection if the governmental entity finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstance under this paragraph shall not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations or concerning employees on the particular project who are not members of or affiliated with a labor organization. (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." 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 Shafer of the 48th moved the previous question. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Miller Y Mullis Y Murphy N Orrock N Ramsey Y Seay Y Shafer THURSDAY, MARCH 28, 2013 3875 N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Hufstetler Y Jackson, B N Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk N Lucas McKoon Y Millar Sims E Staton Y Stone N Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 38; nays 12, the motion prevailed, and the previous question was ordered. Senator Hill of the 6th moved that the Senate agree to the House substitute to SB 179. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke N Butler Y Carter, B N Carter, J Chance Y Cowsert Y Crane Crosby N Davenport Y Davis Y Dugan N Fort Ginn Y Golden Y Gooch N Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk N Lucas McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Ramsey Y Seay Y Shafer Sims E Staton Y Stone N Tate N Thompson, C E Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 36, nays 12; the motion prevailed, and the Senate agreed to the House substitute to SB 179. 3876 JOURNAL OF THE SENATE The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 497. By Representatives Tanner of the 9th, Rogers of the 29th, Hamilton of the 24th, Burns of the 159th and Hawkins of the 27th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to revise provisions regarding the numbering and registration of vessels; to revise application procedures and expiration provisions; to revise a provision regarding exclusions and exemptions; to correct a crossreference; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 320. By Representatives Harden of the 148th, Smith of the 70th, Tankersley of the 160th, Riley of the 50th, Williams of the 119th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to categorically exempt currently existing and compliant inert waste landfill operations from regulatory permitting; to provide for additional permitting exemptions; to delete a cross-reference; to revise civil penalty provisions; to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general provisions regarding the Environmental Protection Division and Environmental Advisory Council, so as to update the effective date of rules and regulations for purposes of criminal law enforcement; to provide for related matters; to provide for an effective date; 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 457. By Representatives Braddock of the 19th, Maxwell of the 17th, Alexander of the 66th and Gravley of the 67th: A BILL to be entitled an Act to amend an Act incorporating the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so THURSDAY, MARCH 28, 2013 3877 as to provide for reincorporation, corporate boundaries, municipal powers, and exercise of powers; to provide for a government structure of such city including creation, number, and election of a mayor and the city council; to provide for definitions and construction; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 484. By Representative Williamson of the 115th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to provide for the jurisdiction of the municipal court; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider House action thereto: SB 113. By Senators Jones of the 10th, Stone of the 23rd, Ramsey, Sr. of the 43rd, Chance of the 16th, Jackson of the 2nd 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 Jones of the 10th moved that the Senate recede from its disagreement 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 Beach Y Bethel Y Burke Y Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Harbison Y Harper Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L N James Y Jeffares Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Thompson, C 3878 JOURNAL OF THE SENATE Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar E 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 receded from its disagreement to the House substitute to SB 113. The following bill was taken up to consider House action thereto: SB 105. By Senators Davis of the 22nd and Bethel of the 54th: 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 provide for a definition; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer when the charitable organization receives such contribution in good faith; 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 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," so as to provide for a definition; to clarify provisions relating to transfers to charitable organizations; to provide for a statute of limitations; to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to revise the debtor's exemption for motor vehicles in a bankruptcy; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," is amended by adding a new Code section to read as follows: "18-2-81. (a) As used in this Code section, the term: THURSDAY, MARCH 28, 2013 3879 (1) 'Charitable organization' means an organization which has qualified as tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust. (2) 'Private foundation' shall have the same meaning as set forth in 26 U.S.C. Section 509(a). (b) A transfer made to a charitable organization shall be considered complete unless it is established that a fraudulent transfer has occurred as described in Code Section 18-274 or 18-2-75, and such charitable organization had knowledge of the fraudulent nature of the transfer. (c) The statute of limitations for a civil action with respect to a transfer to a charitable organization under this Code section shall be within two years after such transfer was made." SECTION 2. Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, is amended by revising paragraph (3) of subsection (a) as follows: "(3) The debtor's interest, not to exceed the total of $3,500.00 $5,000.00 in value, in all motor vehicles;" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Davis of the 22nd moved that the Senate agree to the House substitute to SB 105. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson 3880 JOURNAL OF THE SENATE Y Fort Y Ginn Y Golden Y Gooch Y Loudermilk Lucas Y McKoon Y Millar Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 52, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 105. The following bill was taken up to consider House action thereto: SB 139. By Senators Miller of the 49th, Staton of the 18th, Harbison of the 15th, Shafer of the 48th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, so as to provide for the collection of closing fees for contracts for the advance of money or the extension of credit; to provide for the refund of closing fees in certain instances; to amend Article 4 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the sale of checks or money orders, so as to provide for a licensing exemption for the selling and issuing of checks by state and federal entities and authorized agents; to provide for exclusions and applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions for contracts, is amended by adding a new Code section to read as follows: "13-1-14. (a) In addition to any other charges permitted for the advance of money or for the extension of credit, a lender or seller may collect a closing fee at the time of making a THURSDAY, MARCH 28, 2013 3881 loan or extending credit in order to defray the costs of investigation and verification of a borrower's or purchaser's credit reports and references. Such closing fee may be for an amount up to 4 percent of the face amount of the loan or credit extension or total amount of the sales contract but shall not be more than $50.00. Such closing fee may be paid from the proceeds of the amount borrowed or added to the principal amount of the loan or credit extension. (b) When any loan or sales contract upon which a closing fee has been charged is prepaid in full by any means within 90 days of the date of the loan or sales contract, the lender or seller shall refund or credit the borrower or purchaser with a pro rata portion of the closing fee; provided, however, that in such event, the lender or seller may retain an amount of not more than $25.00 from the collected closing fee. (c) This Code section shall only apply to industrial loans made pursuant to Chapter 3 of Title 7, retail installment and home solicitation sales contracts entered into pursuant to Article 1 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a closing fee authorized under this Code section shall not constitute interest, a time price differential, a finance charge, or a service charge within the meaning of Code Section 7-3-15, 10-1-4, or 3322-9. (d) Nothing contained in Code Section 7-4-18 shall be construed to amend or modify the provisions of this Code section." SECTION 2. Article 4 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the sale of checks or money orders, is amended by revising Code Section 7-1-681, relating to licensing requirements, to read as follows: "7-1-681. No person or corporation, other than a bank or trust company, a credit union, a savings and loan association, or a savings bank, whether state or federally chartered, the deposits of which are federally insured,; the authorized agent of a licensee;, or the United States Postal Service; or a federal or state governmental department, agency, authority, or instrumentality and its authorized agents, shall engage in the business of selling or issuing checks without having first obtained a license under this article. This restriction applies to any nonresident person or corporation that engages in this state in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this state. A license for the sale of checks or money orders shall also qualify as a license for the business of money transmission. The provisions of this article shall also apply to the business of money transmission unless specifically excluded." 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. 3882 JOURNAL OF THE SENATE Senator Miller of the 49th moved that the Senate agree to the House substitute to SB 139. On the motion, a roll call was taken and the vote was as follows: N Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden Gooch Y Harbison Y Harper N Heath N Henson N Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon N Millar Y Miller Y Mullis Y Murphy N Orrock Y Ramsey Seay Y Shafer N Sims E Staton Y Stone N Tate Thompson, C E Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the motion, the yeas were 38, nays 13; the motion prevailed, and the Senate agreed to the House substitute to SB 139. The following bill was taken up to consider House action thereto: SB 61. By Senator Stone of the 23rd: 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 change the 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 exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: THURSDAY, MARCH 28, 2013 3883 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 change the 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 publication of notice of public sale of property; to provide for limitations on an owner's liability; to provide for towing of motor vehicles, trailers, and watercraft; to exempt certain rental agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, is revised as follows: "ARTICLE 5 10-4-210. This article shall be known and may be cited as the 'Georgia Self-service Storage Facility Act of 2013.' 10-4-211. For purposes of this article, the term: (1) 'E-mail' means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks. (1)(2) 'Last known address' means that the street address, post office box address, or e-mail address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or e-mail. (2)(3) 'Occupant' means a person, his or her sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (3)(4) 'Owner' means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement. (4)(5) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, and household items and furnishings. (5)(6) 'Rental agreement' means any agreement or lease, written or oral, that 3884 JOURNAL OF THE SENATE establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility. (6)(7) 'Self-service storage facility' means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A selfservice storage facility is not a warehouse within the meaning of Article 1 of this chapter, known as the 'Georgia State Warehouse Act,' and the provisions of law relative to bonded public warehousemen shall not apply to the owner of a self-service storage facility. A self-service storage facility is not a safe-deposit box or vault maintained by banks, trust companies, or other financial entities. (8) 'Verified mail' means certified mail, registered mail, statutory overnight delivery, or other method of mailing or delivery in which the post office or delivery service furnishes proof that the parcel was sent. 10-4-212. The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article. The lien provided for in this Code section is superior to any other lien or security interest except those which are perfected and recorded prior to the date of the rental agreement in Georgia in the name of the occupant, either in the county of the occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law and except any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the personal property is brought to the self-service storage facility. 10-4-213. Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. The owner Owner shall obtain from the occupant a written rental agreement which includes the following language: This agreement, made and entered into this ______ day of ______________, ____, by and between ____________, hereinafter called Owner, and _______________, hereinafter called Occupant, whose last known address is _________________. For the consideration hereinafter stated, the Owner agrees to let the Occupant use and occupy a space in the self-service storage facility, known as ____________________, situated in the City of __________, County of ________, State of Georgia, and more particularly described as follows: Building #______, Space #_____, Size ________. Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of _______, beginning on the ______ day of THURSDAY, MARCH 28, 2013 3885 ______________, ____, and continuing month to month until terminated. 'Space,' as used in this agreement, will be that part of the self-service storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and improvements thereon, the monthly sum of $________. Monthly installments are payable in advance on or before the first of each month, in the amount of $________, and a like amount for each month thereafter, until the termination of this agreement. If any monthly installment is not paid by the tenth seventh calendar day of the month due, or if any check given in payment is dishonored by the financial institution on which it is drawn, Occupant shall be deemed to be in default. Occupant further agrees to pay the sum of one month's fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broomswept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund. The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The Occupant agrees that the property will not be used for any unlawful purposes and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and to keep the space in good condition during the term of this agreement. OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN ADDITION, UPON OCCUPANT'S DEFAULT, OWNER MAY WITHOUT NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH SEVENTH CALENDAR DAY OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED BY THE FINANCIAL INSTITUTION ON WHICH IT IS DRAWN, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. I hereby agree that all notices other than bills and invoices shall be given by hand delivery, verified mail, or e-mail at the following addresses: ________________________________________________________(hand delivery) 3886 JOURNAL OF THE SENATE _________________________________________________________(verified mail) _____________________________________________________________(e-mail). and I further understand that I may designate to owner an agent to receive such notice by providing: ________________________________________________________(hand delivery) _________________________________________________________(verified mail) _____________________________________________________________(e-mail). For purposes of Owner's lien: 'personal property' means movable property, not affixed to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, household items, and furnishings; 'last known address' means that the street address or post office box address provided by the occupant Occupant in the latest rental agreement or the address provided by the occupant Occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or email. The Owner's lien is superior to any other lien or security interest, except those which are evidenced by a certificate of title or perfected and recorded prior to the date of this rental agreement in Georgia, in the name of the Occupant, either in the county of the Occupant's 'last known address' or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom the Owner has knowledge through the Occupant's disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in his Occupant's space(s) is free and clear of all liens and secured interests except for ____________. The Owner's lien attaches as of the date the personal property is brought to the self-service storage facility. Except as otherwise specifically provided in this rental agreement, the exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in the Occupant. The Owner does not become a bailee of the Occupant's personal property by the enforcement of the Owner's lien. If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure: The Occupant shall be notified in writing by delivery in person or by certified mail or statutory overnight delivery to the last known address of Occupant of Owner's intent to enforce Owner's lien by written notice delivered in person, by verified mail, or by e-mail. The Owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. A Such notice given pursuant to this rental agreement shall be presumed delivered as of the date indicated on the proof of delivery or, if there is no proof of delivery, on the fourteenth day after sending as shown by sent when it is deposited with the United States Postal Service or the statutory overnight delivery service properly addressed with postage or delivery fees prepaid or sent by e-mail. If Owner sends notice of a pending sale of property to Occupant's last known e-mail address and does not receive a nonautomated response or a receipt of delivery to the e-mail address, Owner shall send notice of the sale to Occupant by verified mail to Occupant's last known THURSDAY, MARCH 28, 2013 3887 address or to the last known address of the designated agent of the Occupant before proceeding with the sale. Owner's notice to Occupant shall include an itemized statement of the Owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person(s) notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owner's notice shall notify Occupant of denial of access to the personal property and provide the name, street address, e-mail address, and telephone number of the Owner or its designated agent, whom the Occupant may contact to respond to this notice. Owner's notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located the legal organ for the county where the self-service storage facility is located. The sale shall be deemed commercially reasonable if at least three (3) independent bidders attend the sale at the time and place advertised. 'Independent bidder' means a bidder who is not related to and who has no controlling interest in, or common pecuniary interest with, Owner or any other bidder. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located. Regardless of whether a sale involves the property of more than one Occupant, a single advertisement may be used to advertise the disposal of property at the sale. A public sale includes offering the property on a publicly accessible website that regularly conducts online auctions of personal property. Such sale shall be considered incidental to the selfstorage business and no license shall be required. If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place 3888 JOURNAL OF THE SENATE to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his or her lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the 'Disposition of Unclaimed Property Act.' In no event shall the Owner's liability exceed the proceeds of the sale. If the rental agreement contains a limit on the value of property stored in Occupant's storage space, the limit shall be deemed to be the maximum value of the property stored in that space. If the property upon which the lien is claimed is a motor vehicle, trailer, or watercraft and rent and other charges related to the property remain unpaid or unsatisfied for 60 days following the maturity of the obligation to pay rent, Owner may have the property towed in lieu of foreclosing on the lien. If a motor vehicle, trailer, or watercraft is towed as authorized in this section, Owner shall not be liable for the motor vehicle, trailer, or watercraft or any damages to the motor vehicle, trailer, or watercraft once the tower takes possession of the property. 10-4-214. If the rental agreement is with a service member, the owner shall comply with all terms of the Servicemembers Civil Relief Act, 50 U.S.C. 501 et seq. Nothing in this article shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this article shall be in addition to all other rights allowed by law to a creditor against his or her debtor. 10-4-215. All rental agreements entered into before July 1, 1982 2013, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state." 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. THURSDAY, MARCH 28, 2013 3889 Senator Stone of the 23rd moved that the Senate agree to the House substitute to SB 61. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack N Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Loudermilk Y Lucas N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 47, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 61. The following bill was taken up to consider House action thereto: HB 276. By Representatives Nimmer of the 178th, Hatchett of the 150th, Coomer of the 14th, Smith of the 70th and Nix of the 69th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset date for certain hazardous waste fees; 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 substitute to HB 276 (LC 40 0394-ECS) by striking lines 1 through 71 and inserting in lieu thereof the following: 3890 JOURNAL OF THE SENATE To amend Chapter 8 of Title 12 and Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to waste management and management of budgetary and financial affairs, respectively, so as to change certain procedures regarding appropriations to the Department of Natural Resources and the Georgia Hazardous Waste Management Authority; to extend the sunset dates for certain fees and surcharges; 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 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 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by revising subsections (e) and (g) 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 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." "(g) Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after July 1, 2013 2018." SECTION 2. Said chapter is further amended in 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 3. Said chapter is further amended by revising subsection (b) of Code Section 12-8-95, relating to the hazardous waste trust fund, as follows: THURSDAY, MARCH 28, 2013 3891 "(b) The moneys deposited in the hazardous waste trust fund may be expended by the director as follows: (1) For activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment; (2) For emergency actions the director considers necessary to protect public health, safety, or the environment whenever there is a release of hazardous wastes, hazardous constituents, or hazardous substances; (3) For activities of the division associated with the administration of this part, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; (4) In accordance with rules promulgated by the board, for financing of the state and local share of the costs associated with the investigation, remediation, and postclosure care and maintenance of sites placed on the National Priority List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or sites placed on the hazardous site inventory pursuant to Code Section 12-8-97; provided, however, that the director shall ensure that beginning July 1, 2003, and annually in each following year, an amount equal to at least one-half of the sum of annual collections made pursuant to subsection (e) of Code Section 12-839 and appropriated to the department in accordance with subsection (b) of Code Section 12-8-91 shall be available to be used for the purposes of this paragraph; provided, further, that if a county or municipal corporation has been or is the owner of or operator of such site, not less than $500,000 of such costs shall be paid from the hazardous waste trust fund; and (5) For activities administered by the director associated with pollution prevention, including reduction of hazardous wastes generated in the this state; and. (6) Provided that annual appropriations are made to the Department of Natural Resources in accordance with subsection (b) of Code Section 12-8-91, for transfer on an annual basis to the Georgia Hazardous Waste Management Authority in an amount equal to 10 percent of the previous year's payment into the state treasury by the division of fees and penalties pursuant to subsection (e) of Code Section 12-2-2, subsection (e) of Code Section 12-8-39, and Code Section 12-8-95.1. If in any year the fees cease to be collected due to the unencumbered principal balance exceeding $25 million in the hazardous waste trust fund, a transfer of funds shall be made to the Georgia Hazardous Waste Management Authority from the principal of the hazardous waste trust fund equal to the average transfer for the three preceding years. Such transferred funds are to be administered by the chief administrative officer of the Georgia Hazardous Waste Management Authority to fund source reduction and project activities as set forth in Article 4 of this chapter and in accordance with the policies of the board." 3892 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended by revising subsection (h) of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, as follows: "(h) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1, 2013 2018." SECTION 5. 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, 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 new appropriation amount is determined with respect to each fee under paragraph (3) of this subsection. 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, base amount shall mean the amount of fee proceeds that would have been collected during a specified fiscal year under the original amount of the fee unreduced by this Code section. (2) 'Collecting agency' means the Environmental Protection Division of the Department of Natural Resources. (3) '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; and (B) Tire disposal fee provided for under subsection (h) of Code Section 12-8-40.1 for the solid waste trust fund. (4) 'New appropriation amount' means the total amount of funds which are appropriated for a purpose or function described under paragraph (3) 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, 2014, and each fiscal year thereafter, for paragraph (3) of subsection (a) of this Code section: (1) The Office of Planning and Budget shall determine the base amount for the purpose or function as described under a subparagraph of paragraph (3) of subsection (a) of this Code section; (2) The Office of Planning and Budget shall determine the new appropriation amount; (3) If the new appropriation amount is equal to or greater than the base amount, then the amount of the fee shall not be reduced under this Code section; (4)(A) If the new appropriation amount is less than the base amount, then the amount of the fee shall be reduced automatically by 25 percent for the fiscal year THURSDAY, MARCH 28, 2013 3893 beginning on July 1; provided, however, that in no event shall the reduction ever be less than an amount which would be equal to the new appropriation amount; (B) 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 collecting agency of the adjusted fee amount; and (5)(A) Except as otherwise provided in subparagraph (B) of this paragraph, for any fiscal year following a fee reduction under paragraph (4) of this subsection, if the new appropriation amount is equal to or greater than the base amount, then the fee amount shall 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 base amount as determined in the fiscal year in which such fee amount was first reduced under this subsection, then such fee amount shall be increased back to the amount in place immediately prior to such first reduction. (c)(1) Except as otherwise provided in paragraph (2) 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 the base amount. (2) If, in any subsequent fiscal year, the new appropriation amount is less than 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. (d)(1) During any session of the General Assembly, prior to the adoption of the Supplemental Appropriations Act amending the current fiscal year budget or prior to the adoption of the General Appropriations Act providing for the succeeding fiscal year's budget, the General Assembly shall be authorized to waive and suspend the operation of this Code section with respect to each fee identified under paragraph (3) of subsection (a) of this Code section in the manner specified in paragraph (2) of this subsection. (2) Each such waiver and suspension shall be accomplished by a joint resolution, enacted with the force and effect of law, the duration of which shall not exceed a single fiscal year and which shall apply only to a single fee identified under paragraph (3) of subsection (a) of this Code section. (e) 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. (f) The collecting agency 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." 3894 JOURNAL OF THE SENATE 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 Jeffares of the 17th moved that the Senate agree to the House amendment to the Senate substitute to HB 276. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath N Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 276. The following bill was taken up to consider the Conference Committee Report thereto: SB 121. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Chance of the 16th, Hill of the 32nd, Carter of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special THURSDAY, MARCH 28, 2013 3895 license plates for retired members of the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 121 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 121 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Ramsey of the 43rd /s/ Senator Mullis of the 53rd /s/ Senator Carter of the 1st FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Rice of the 95th /s/ Representative Powell of the 32nd /s/ Representative Battles of the 15th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 121 A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates of certain persons and vehicles, so as to provide for special license plates for former members of the General Assembly under certain circumstances; to clarify the provision of special license plates for veterans; to modify provisions relating to a special license plate for the AIDS Survival Project and designate the special license plate funds for AID Atlanta; to modify provisions relating to a special license plate supporting the Appalachian Trail Conservancy in its mission to protect, maintain, and conserve the Georgia portion of the Appalachian Trail; to add a special license plate supporting the Atlanta Braves Foundation and the foundation's philanthropic activities and charitable sponsorships; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by revising Code Section 40-2-62, relating to special license plates for members of the General Assembly, as follows: 3896 JOURNAL OF THE SENATE "40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly and former members of the General Assembly who are hereby deemed to have emeritus status after having served in the General Assembly eight or more years to the local tag agent in the counties wherein such members or former members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80." SECTION 2. Said article is further amended by revising Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, as follows: "40-2-85.1. (a) For purposes of this Code section, the term: (1) 'Military medal award' means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military: (A) Medal of Honor; (B) Bronze Star Medal; (C) Silver Star Medal; (D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal; (J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal; (M) Defense Superior Service Medal; (N) Legion of Merit; (O) Distinguished Flying Cross; THURSDAY, MARCH 28, 2013 3897 (P) Purple Heart; and (Q) Air Medal. (2) 'Served during active military combat' means active duty service in World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, the Global War on Terrorism as defined by Presidential Executive Order 13289, Section 2, the war in Afghanistan, or the war in Iraq, which includes either Operation Iraqi Freedom or Operation Enduring Freedom. (3) 'Veteran' means a former member of the armed forces of the United States who is discharged from the armed forces under conditions other than dishonorable. (b)(1) Motor vehicle and trailer owners who are retired veterans of the armed forces of the United States, or who have received a military medal award, or persons who served during active military combat shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Eligibility to receive a special and distinctive vehicle license plate for persons who are no longer serving in the United States military shall be conditioned on such person having been discharged from military service under honorable conditions. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2)(A) Motor vehicle and trailer owners who retired from active duty with the armed forces of the United States are veterans or have received a military medal award or served during active military combat shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a retired veteran's license plate, military medal award recipient license plate, or commemorative service license plate for service during active military combat. One such license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each member or former member of the armed forces listed in subsection (b) of this Code section shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (c) The commissioner shall design a retired veteran's license plate, a military medal award recipient license plate, and a license plate to commemorate service with the United States armed forces during active military combat. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, trucks, and trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and 3898 JOURNAL OF THE SENATE regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (e) of this Code section, such plates shall be nontransferable. (d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, trucks, and trailers used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States, or recipients of a military medal award, or persons who served during active military combat and shall additionally, for such plates manufactured after July 1, 2001, identify distinctly the owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard. (e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States or of a deceased person who received a military medal award or who served during active military combat shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. (f) Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section." SECTION 3. Said article is further amended by revising paragraph (24) of subsection (l) of Code Section 40-2-86, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, and by adding two new paragraphs to read as follows: "(24) A special license plate for the AIDS Survival Project AID Atlanta. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project AID Atlanta which is committed to providing people living with HIV the information and support they need to live healthy and productive lives." "(49) A special license plate supporting the Appalachian Trail. The funds raised by the sale of this special license plate shall be disbursed to the Appalachian Trail Conservancy and used to protect, maintain, and conserve the Georgia portion of the Appalachian Trail and connecting trails, and to promote awareness of wilderness, hiking, and back country recreation. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'www.appalachiantrail.org'. (50) A special license plate supporting the Atlanta Braves Foundation. The funds THURSDAY, MARCH 28, 2013 3899 raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Atlanta Braves Foundation and used in the foundation's philanthropic activities and charitable sponsorships. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Go Braves.'" SECTION 4. This Act shall become effective on July 1, 2013; provided, however, Section 1 shall only apply to members of the General Assembly who have eight or more years of service as of December 31, 2013. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Ramsey, Sr. of the 43rd moved that the Senate adopt the Conference Committee Report on SB 121. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper N Heath Y Henson N Hill, H Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas N McKoon Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 48, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 121. 3900 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 142. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to provide that the board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law; to provide that a prohibition against a person receiving a pension from accepting public employment shall apply to persons who become members on or after July 1, 2014, without regard to age; to require notice to the board of trustees of such employment; to provide for penalties; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, so as to provide that the board of trustees shall have the authority to determine the time and circumstances of paying benefits to the extent necessary to preserve the retirement system's status as a qualified plan under federal law; to clarify a provision relating to a prohibition against a person receiving a pension from accepting public employment; to require notice to the board of trustees of such employment; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to salary, retirement, death, and disability benefits under the Georgia Judicial Retirement System, is amended in Code Section 47-23-102, relating to vesting and benefits upon retirement, by designating the existing portion of such Code section as subsection (a) and by adding a new subsection to read as follows: "(b) The board is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a qualified retirement plan for the purposes of federal income tax laws and regulations." THURSDAY, MARCH 28, 2013 3901 SECTION 2. Said article is further amended by revising Code Section 47-23-109, relating to cessation of retirement allowance for resuming state service, as follows: "47-23-109. (a) Except as provided in subsection (b) of this Code section, if any retired member who has not yet reached normal retirement age returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, except as a member of the General Assembly, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which he or she was receiving prior to returning to state service, calculated with any increases granted during the period of compensation. (b) The retirement allowance of a retired member who has reached normal retirement age and who returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, other than as a member of the General Assembly shall not cease, provided that such member performs no more than 1,040 hours of such service in any calendar year. (c) Any state entity that employs a retired plan member, other than for service in the General Assembly as provided in subsection (a) of this Code section, shall within 30 days of the employee's accepting employment notify the board in writing stating the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board may request. If the retired plan member performs more than 1,040 hours of work in any calendar year, the employer shall so notify the board as soon as such information is available. Any employer that fails to notify the board as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and the employer becomes liable to the retirement system, the plan member shall hold the employer harmless for all such liability." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 3902 JOURNAL OF THE SENATE GREG S. GRIFFIN State Auditor (404) 656-2174 March 4, 2013 The Honorable Paul Battles State Representative Coverdell Legislative Office Building, Room 613-D Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 142 (LC 21 2187S) Dear Representative Battles: This substitute bill would amend provisions relating to retirement benefits paid under the Georgia Judicial Retirement System. If this legislation is enacted, the board of trustees would be authorized to determine the time and circumstances of paying benefits to members, to the extent necessary, to preserve the System's status as a qualified plan under federal law. Additionally, this legislation would clarify provisions relating to the continuation of retirement benefits for retired members who return to the service of the State. Specifically, this bill clarifies that benefits will cease for any retired member who returns to service of the State and works more than 1,040 hours in a calendar year. Finally, this substitute bill would require the employer to notify the board of trustees if they hire a retired member, and to subsequently notify the board if the member performs more than 1,040 hours of work in any calendar year. In the event the employer fails to notify the board, the employer may be required to reimburse the board for benefits that have been wrongfully paid. It should be noted that retired members who subsequently are elected to the General Assembly are not subject to the provisions of this bill. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Greg S. Griffin State Auditor Senator Millar of the 40th moved that the Senate agree to the House substitute to SB 142. On the motion, a roll call was taken and the vote was as follows: THURSDAY, MARCH 28, 2013 3903 Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Tate Y Thompson, C E 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 142. The following bill was taken up to consider House action thereto: SB 66. By Senators Stone of the 23rd, McKoon of the 29th, Crosby of the 13th, Jackson of the 24th, Ligon, Jr. of the 3rd and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to increase penalties that can be imposed for contempt of superior and state courts; to change provisions relating to filing an answer or counterclaim in magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes. 3904 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (5) of Code Section 15-6-8, relating to jurisdiction and powers of the superior courts, as follows: "(5) To punish contempt by fines not exceeding $500.00 $1,000.00, and by imprisonment not exceeding 20 days, or both; and" SECTION 2. Said title is further amended by revising paragraph (5) of subsection (a) of Code Section 15-7-4, relating to jurisdiction for state courts, as follows: "(5) The punishment of contempts contempt by fine fines not exceeding $500.00 or $1,000.00, by imprisonment not exceeding 20 days, or both; and" SECTION 3. Said title is further amended by revising subsection (c) of Code Section 15-10-43, relating to statement of claim, service of process, answer to claim, default judgments, opening of default, and relief in magistrate court, as follows: "(c) An answer to the claim must shall be filed with the court or orally presented to the judge or clerk of the court within 30 days after service of the statement of claim on the defendant to avoid a default. The answer shall be in concise form and free from technical requirements, but must shall admit or deny the claim of the plaintiff. The answer shall contain the address at which the defendant desires to receive the notice of hearing. If the answer is presented to the judge or clerk orally, the judge or clerk shall reduce the answer to writing. Verification of an answer shall not be required. A copy of the answer shall be forwarded to the plaintiff and defendant with the notice of hearing. If an answer is timely filed or presented, the court shall within ten days of filing or presentation of the answer notify the defendant and the plaintiff of the calling of a hearing on the claim. The notice shall include the date, hour, and location of the hearing, which date shall be not less than 15 nor more than 30 days after the date the notice is given. The notice shall be served on the plaintiff and the defendant by mail or personal service to the address given by the plaintiff at the time he or she files his or her claim and the address given by the defendant at the time he or she files or presents his or her answer. The date of mailing shall be the date the notice is given. The clerk shall enter a certificate of service." SECTION 4. Said title is further amended by revising subsections (a) through (c) of Code Section 1510-45, relating to compulsory and permissive counterclaims, as follows: "(a) If any defendant has a claim counterclaim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim, which claim counterclaim does not require for its adjudication the presence of third parties over THURSDAY, MARCH 28, 2013 3905 whom the court cannot obtain jurisdiction, such claim must counterclaim shall be asserted by the defendant at or before the hearing on the plaintiff's claim or thereafter be barred. (b) If any defendant has a claim counterclaim against the plaintiff other than a compulsory counterclaim described in subsection (a) of this Code section, such claim counterclaim may be asserted by the defendant at or before the hearing on the plaintiff's claim. (c) If any defendant asserts a claim counterclaim against the plaintiff, the defendant shall file with the court a statement of the claim counterclaim in concise form and free from technicalities. The defendant's claim counterclaim shall give the plaintiff reasonable notice of the basis for each claim contained in the statement of claim counterclaim. The defendant shall sign and verify the statement of claim by oath or affirmation the counterclaim. At the request of a defendant, the judge or clerk may prepare the statement counterclaim. Verification of a counterclaim shall not be required." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Stone of the 23rd moved that the Senate agree to the House substitute to SB 66. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Dugan N Fort Y Ginn Y Golden N Gooch Y Harbison Y Harper N Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Jeffares Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 3906 JOURNAL OF THE SENATE On the motion, the yeas were 45, nays 4; the motion prevailed, and the Senate agreed to the House substitute to SB 66. The following bill was taken up to consider House action thereto: SB 158. By Senators Orrock of the 36th, Unterman of the 45th, Stone of the 23rd, Ligon, Jr. of the 3rd, Henson of the 41st and others: A BILL to be entitled an Act to amend Code Section 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; 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 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, so as to change certain signatures on a Physician Order for Life-sustaining Treatment; 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 29-4-18 of the Official Code of Georgia Annotated, relating to definitions, requirements, and termination of temporary medical consent guardianship, is amended by revising subsection (l) as follows: "(l) The Department of Public Health shall develop and make available a Physician Order for Life-sustaining Treatment, a specific form voluntarily executed by a patient and or his or her authorized representative person as defined in Code Section 31-39-2 and a physician which provides directions regarding end of life care." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Orrock of the 36th moved that the Senate agree to the House substitute to SB 158. On the motion, a roll call was taken and the vote was as follows: THURSDAY, MARCH 28, 2013 3907 Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E 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 158. The following bill was taken up to consider House action thereto: SB 253. By Senator Ginn of the 47th: A BILL to be entitled an Act to provide a new charter for the City of Carlton; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Carlton; 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 3908 JOURNAL OF THE SENATE procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This city and the inhabitants thereof are hereby reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name of the "City of Carlton" and by that name shall have perpetual succession. SECTION 1.11. Corporate Boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map of the corporate limits of the City of Carlton, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. THURSDAY, MARCH 28, 2013 3909 SECTION 1.12. Powers and Construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. SECTION 1.13. Examples of Powers. (a) 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. (b) Animal Regulations. To regulate and license or to prohibit the keeping or running atlarge of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (c) 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. (d) 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; (e) 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 after due process for failure to pay any city taxes or fees. (f) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (g) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations. (h) 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. 3910 JOURNAL OF THE SENATE (i) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (j) 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. (k) 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, firm, 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. (l) 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. (m) 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 granter may impose. (n) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (o) Jail Sentences. To provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (p) 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. (q) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (r) 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. (s) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. THURSDAY, MARCH 28, 2013 3911 (t) 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. (u) 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; 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; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms and corporations inside and outside the corporate limits of the city as provided by ordinance. (v) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (w) 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. (x) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (y) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency. (z) 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. (aa) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; 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 or may hereafter be enacted. (bb) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (cc) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (dd) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; 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 3912 JOURNAL OF THE SENATE Commission. (ee) 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. (ff) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (gg) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-ofway throughout the streets and roads, and over the bridges and viaducts for the use of public utilities and for private use; 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. (hh) 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 plan 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. (ii) 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. (jj) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors. (kk) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. THURSDAY, MARCH 28, 2013 3913 (ll) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (mm) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (nn) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (oo) Urban Redevelopment. To organize and operate an urban redevelopment program. (pp) 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; 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 city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City Council Creation; Number; Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five council members. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council members shall be elected in the manner provided by general law and this charter. SECTION 2.11. City Council Terms and Qualifications for Office. No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the city for 12 months prior to the date of election of the mayor or 3914 JOURNAL OF THE SENATE members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. SECTION 2.12. Vacancy; Filling of Vacancies; Suspensions. (a) Vacancies. The office of mayor or council member shall become vacant upon the occurrence of the incumbent's death, resignation, forfeiture of office, missing two regular meetings in three months or 25 percent of regular meetings in one calendar year, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.15 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted. (c) Upon the suspension from office of mayor or council member in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. SECTION 2.13. Compensation and Expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance; however, compensation shall be paid only for meetings attended. SECTION 2.14. Conflicts of Interest; Holding Other Offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of Interest - No elected official, appointed officer, or employee of the city of 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 his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her 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 his or THURSDAY, MARCH 28, 2013 3915 her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and (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 financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in the matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and the 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 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. (d) Use of Public Property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which the official was elected. (g) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate 3916 JOURNAL OF THE SENATE for nomination or election to any public office. (h) Penalties for Violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit an office or position, as described in paragraph (1) of this subsection, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. SECTION 2.15. Inquiries and Investigations. Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. SECTION 2.16. General Power and Authority of the City Council. Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city. SECTION 2.17. Eminent Domain. The city 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 city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.18. Organizational Meeting. The city council shall hold an organizational meeting at its first regular meeting in January following an election. The meeting shall be called to order by the city clerk and THURSDAY, MARCH 28, 2013 3917 the oath of office shall be administered to the newly elected members as follows: "I do solemnly swear that I will well and truly demean myself as (mayor) (council member) of the City of Carlton for the ensuing term, that I will faithfully enforce the charter and ordinances of the city to the best of my skill and ability, without fear or favor, so help me God." Newly elected members' terms shall begin immediately after they are sworn in and they shall hold office until their successors are sworn in. SECTION 2.19. Regular and Special Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member 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 council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. SECTION 2.20. Rules of Procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor, with the advice and consent of the council, and shall serve at his or her pleasure. The mayor shall have the power to appoint new members to any committee at any time, with the advice and consent of the council. SECTION 2.21. Quorum: Voting. (a) Three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote 3918 JOURNAL OF THE SENATE and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as a negative vote. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such council member 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. 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 "The Council of the City of Carlton hereby ordains . . ." and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.23. Action Requiring An Ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 2.24. Emergencies. (a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three council members 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 THURSDAY, MARCH 28, 2013 3919 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 council members 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. SECTION 2.25. Codes of Technical Regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of 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 city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Carlton, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be 3920 JOURNAL OF THE SENATE printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with the 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 his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months immediately preceding his or her election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. SECTION 2.28. Chief Executive Officer. The mayor shall be the executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. SECTION 2.29. Powers and Duties of Mayor. As the chief executive of this city, the mayor shall: (a) See that all laws and ordinances of the city are faithfully executed; (b) Appoint and remove, for cause, all officers, department heads, and employees of the city except as otherwise provided in this charter; (c) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (d) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (e) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; THURSDAY, MARCH 28, 2013 3921 (f) Preside over all meetings of the city council; (g) Call special meetings of the city council as provided for in Section 2.19; (h) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (i) Recommend to the city council such measures relative to the affairs of the city improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (j) Approve or disapprove ordinances as provided in Section 2.30; (k) Require any department or agency of the city to submit written reports whenever he or she deems it expedient; (l) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (m) Perform such other duties as may be required by general state law, this charter, or ordinance. SECTION 2.30. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall, within ten calendar days of receipt of an ordinance, return it to the clerk with or without his or her approval, or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his or her reasons for his or her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of the entire council members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section. SECTION 2.31. Mayor Pro Tem; Selection; Duties. By a majority vote, the city council shall elect a council member to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council and shall assume 3922 JOURNAL OF THE SENATE the duties and powers of the mayor upon the mayor's disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent or acting as mayor. Any such absence or disability shall be declared by majority vote of all council members. When serving as mayor, the mayor pro tem shall not also vote as a member of the council. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish 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 by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (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 his or her department or agency. (e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the mayor unless otherwise provided by law. SECTION 3.11. Boards, Commissions and Authorities. (a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no member of any board, THURSDAY, MARCH 28, 2013 3923 commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed in this section 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 he or she has executed and filed with the clerk 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 and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vicechairman, 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 bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city. SECTION 3.12. City Attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. SECTION 3.13. City Clerk-Treasurer. The city council shall appoint a city clerk-treasurer who shall not be a council member. The city clerk-treasurer shall be custodian of the official city seal and city records; be responsible for the general duties of a treasurer and fiscal officer; maintain city council records required by this charter; shall collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city; and perform such other duties as may be required by the city council. 3924 JOURNAL OF THE SENATE SECTION 3.14. Personnel Policies. All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. The city council shall adopt policies or ordinances to provide for: (1) The method of employee selection, promotion and transfer; (2) Hours of work, vacation, sick leave, and other leaves of absence, and overtime pay; and (3) Other personnel policies. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; Name. There shall be a court to be known as the Municipal Court of the City of Carlton. SECTION 4.11. Chief Judge; Associate Judge. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall be an active member in good standing of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 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 try and punish violations of this charter, all city ordinances, and such other violations as provided by law. THURSDAY, MARCH 28, 2013 3925 (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 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and care taking 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 his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by 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, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Madison County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. 3926 JOURNAL OF THE SENATE SECTION 4.15. Rules for Court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to 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 the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. SECTION 5.11. Election Districts. The City of Carlton shall consist of one election district with five numbered posts. Each person seeking election as a council member shall designate the post for which he or she seeks election. SECTION 5.12. Election of the Mayor and City Council. (a) There shall be a municipal general election biennially on the Tuesday next following the first Monday in November. (b) The mayor and council members 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. The five council members' positions shall be designated Posts 1, 2, 3, 4, and 5, and each candidate shall designate the post for which he or she seeks election at the time of qualifying. The mayor and council members from Posts 1 and 2 elected at the 2013 general election shall take office on the first day of January, 2014, and shall serve terms of four years. The council members from Posts 3, 4, and 5 elected at the 2013 general election shall take office on the first day of January, 2014, and shall serve terms of two years. Thereafter, the mayor and council members shall be elected at the general election immediately prior to the expiration of their terms of office and shall serve terms of four years, and until their successors are duly elected and qualified. THURSDAY, MARCH 28, 2013 3927 SECTION 5.13. Non-Partisan Elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 5.14. Election by Plurality. The person receiving a plurality of the votes cast for any city office shall be elected. In the event of a tie, a run-off election shall be held and the candidate who receives the highest number of votes cast in the run-off election shall be elected. SECTION 5.15. Special Elections; Vacancies. In the event that the office of mayor or council member shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. SECTION 5.16. Other Provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated. SECTION 5.17. Removal of Officers. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted: (1) By the death of the incumbent; (2) By resignation, when accepted; 3928 JOURNAL OF THE SENATE (3) By decision of a competent tribunal declaring the office vacant; (4) By voluntary act or misfortune of the incumbent whereby he or she is placed in any of the specified conditions of ineligibility to office; (5) By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he or she was elected; (6) By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or (7) By abandoning the office or ceasing to perform its duties, or both. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished one of the following methods: (1) By a vote of three council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Madison County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By a petition of recall by the electors of the City of Carlton, as provided by the laws of the State of Georgia. ARTICLE VI FINANCE SECTION 6.10. Property Tax. The city council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. THURSDAY, MARCH 28, 2013 3929 SECTION 6.12. Occupation and Business Taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. SECTION 6.13. Regulatory Fees; Permits. The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. SECTION 6.14. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts from the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. SECTION 6.15. Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. 3930 JOURNAL OF THE SENATE SECTION 6.16. Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of Delinquent Taxes and Fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 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 city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General Obligation Bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue Bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. THURSDAY, MARCH 28, 2013 3931 SECTION 6.21. Short-Term Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Lease-Purchase Contracts The city may enter into multiyear lease, purchase or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. SECTION 6.23. Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government. SECTION 6.24. Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget, including requirements as to the scope, content and form of such budgets and programs. SECTION 6.25. Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor 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 he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting 3932 JOURNAL OF THE SENATE documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.26. Action by City Council on Budget. (a) The city council may amend the operating budget proposed by the 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 city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24. (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 encumbered balance of the appropriations, or allotment thereof, to which it is chargeable. SECTION 6.27. Tax Levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriate for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. SECTION 6.28. Changes in Appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. THURSDAY, MARCH 28, 2013 3933 SECTION 6.29. Capital Improvements Budget. (a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the constructing of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 6.30. Independent Audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.31. Contracting Procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, it is signed by him or her to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city journal of proceedings pursuant to Section 2.20. 3934 JOURNAL OF THE SENATE SECTION 6.32. Centralized Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.33. Sale of City Property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell or convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for Officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Prior Ordinances. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. THURSDAY, MARCH 28, 2013 3935 SECTION 7.12. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council. SECTION 7.13. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.14. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. SECTION 7.15. Repealer. An Act to establish a new charter for the City of Carlton, approved February 18, 1955 incorporating the City of Carlton (Ga. L. 1988, p. 20), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. SECTION 7.16. Effective Date. This charter shall become effective July 1, 2013. SECTION 7.17. Repealer. All laws and parts of laws in conflict with this Act are repealed. 3936 JOURNAL OF THE SENATE Senator Ginn of the 47th moved that the Senate agree to the House substitute to SB 253. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E 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 253. The following bill was taken up to consider House action thereto: SB 193. By Senators Cowsert of the 46th, McKoon of the 29th, Tippins of the 37th, Bethel of the 54th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; 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 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, so as to update the Uniform Interstate Family Support Act; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 28, 2013 3937 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of duty of support, is amended by revising Article 3, relating to the Uniform Interstate Family Support Act, as follows: "ARTICLE 3 Part 1 19-11-100. This article shall be known and may be cited as the 'Uniform Interstate Family Support Act.' 19-11-101. As used in this article, the term: (1) 'Child' means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) 'Child support order' means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. (3) 'Convention' means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. (3)(4) 'Duty of support' means an obligation imposed or which may be imposed by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (5) 'Foreign country' means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: (A) Which has been declared under the law of the United States to be a foreign reciprocating country; (B) Which has established a reciprocal arrangement for child support with this state as provided in Code Section 19-11-127; (C) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this article; or (D) In which the convention is in force with respect to the United States. (6) 'Foreign support order' means a support order of a foreign tribunal. (7) 'Foreign tribunal' means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention. (4)(8) 'Home state' means the state or foreign country in which a child lived with a 3938 JOURNAL OF THE SENATE parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (5)(9) 'Income' includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of Georgia. (6)(10) 'Income-withholding order' means an order or other legal process directed to an obligor's employer or other debtor, pursuant to Code Sections 19-6-31 through 196-33, to withhold support from the income of the obligor. (7) 'Initiating state' means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this article or a law substantially similar to this article or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (8)(11) 'Initiating tribunal' means the authorized tribunal in an initiating state of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. (12) 'Issuing foreign country' means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child. (9)(13) 'Issuing state' means the state in which a tribunal issues a support order or renders a judgment determining parentage of a child. (10)(14) 'Issuing tribunal' means the tribunal of a state or foreign country that issues a support order or renders a judgment determining parentage of a child. (11)(15) 'Law' includes decisional and statutory law and rules and regulations having the force of law. (12)(16) 'Obligee' means: (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage of a child has been rendered issued; (B) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support; or (C) An individual seeking a judgment determining parentage of the individual's child; or (D) A person that is a creditor in a proceeding under Part 7 of this article. (13)(17) 'Obligor' means an individual or the estate of a decedent that: (A) Owes Who owes or is alleged to owe a duty of support; (B) Is Who is alleged but has not been adjudicated to be a parent of a child; or (C) Is Who is liable under a support order; or THURSDAY, MARCH 28, 2013 3939 (D) Is a debtor in a proceeding under Part 7 of this article. (18) 'Outside this state' means a location in another state or a country other than the United States, whether or not the country is a foreign country. (19) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (14)(21) 'Register' means to record or file in a tribunal of this state a support order or judgment determining parentage in the appropriate court for the recording or filing of foreign judgments generally or foreign support orders specifically of a child issued in another state or a foreign country. (15)(22) 'Registering tribunal' means a tribunal in which a support order or judgment determining parentage of a child is registered. (16)(23) 'Responding state' means a state in which a proceeding petition or comparable pleading for support or to determine parentage of a child is filed or to which a proceeding petition or comparable pleading is forwarded for filing from an initiating state under this article or a law or procedure substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act another state or foreign country. (17)(24) 'Responding tribunal' means the authorized tribunal in a responding state or foreign country. (18)(25) 'Spousal support order' means a support order for a spouse or former spouse of the obligor. (19)(26) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the under the jurisdiction of the United States. The term includes: (A) An an Indian nation or tribe; and (B) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (20)(27) 'Support enforcement agency' means a public official, governmental entity, or private agency authorized to seek: (A) Seek enforcement Enforcement of support orders or laws relating to the duty of support; (B) Seek establishment Establishment or modification of child support; (C) Request determination Determination of parentage of a child; or (D) Attempt to locate The location of obligors or their assets; or (E) Request determination of the controlling child support order. (21)(28) 'Support order' means a judgment, decree, or order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign 3940 JOURNAL OF THE SENATE country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement and for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief. (22)(29) 'Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. 19-11-102. (a) The superior courts, the Office of State Administrative Hearings, and the Department of Human Services are the tribunals of Georgia for purposes of this article. (b) The Department of Human Services shall be the support enforcement agency of this state. 19-11-103. (a) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) This article does not: (1) Provide the exclusive method of establishing or enforcing a support order under the law of Georgia; or (2) Grant a tribunal of Georgia jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article. 19-11-104. (a) A tribunal of Georgia shall apply Parts 1 through 6 and, as applicable, Part 7 of this article to a support proceeding involving: (1) A foreign support order; (2) A foreign tribunal; or (3) An obligee, obligor, or child residing in a foreign country. (b) A tribunal of Georgia that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Parts 1 through 6 of this article. (c) Part 7 of this article applies only to a support proceeding under the convention. In such a proceeding, if a provision of Part 7 of this article is inconsistent with Parts 1 through 6 of this article, Part 7 of this article controls. Part 2 19-11-110. (a) In a proceeding to establish, or enforce, or modify a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a THURSDAY, MARCH 28, 2013 3941 nonresident individual or the individual's guardian or conservator if: (1) The individual is personally served with process within Georgia; (2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided with the child in Georgia; (4) The individual resided in Georgia and provided prenatal expenses or support for the child; (5) The child resides in Georgia as a result of the acts or directives of the individual; (6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse; (7) The individual asserted parentage of a child in the putative father registry maintained in this state by the Department of Human Services; or (8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction. (b) The bases of personal jurisdiction set forth in subsection (a) of this Code section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Code Section 19-11-170 are met, or, in the case of a foreign support order, unless the requirements of Code Section 19-11-174 are met. 19-11-111. Personal jurisdiction acquired by a tribunal of Georgia in a proceeding under this article or other law of Georgia relating to a support order continues so long as a tribunal of Georgia has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Code Sections 19-11-114, 19-11-115, and 19-11-119.1. A tribunal of Georgia exercising personal jurisdiction over a nonresident under Code Section 19-11-110 may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. In all other respects, Parts 3 through 7 of this article do not apply and the tribunal shall apply the procedural and substantive law of Georgia, including the rules on choice of law other than those established by this article. 19-11-112. Under this article, a tribunal in Georgia may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country. 19-11-113. (a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1) The petition or comparable pleading in Georgia is filed before the expiration of 3942 JOURNAL OF THE SENATE the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (3) If relevant, Georgia is the home state of the child. (b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if: (1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia; (2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and (3) If relevant, the other state or foreign country is the home state of the child. 19-11-114. (a) A tribunal in Georgia issuing a that has issued a child support order consistent with the law of Georgia has and shall exercise continuing, exclusive jurisdiction over a to modify its child support order if the order is the controlling order and: (1) At the time of the filing of a request for modification Georgia is As long as Georgia remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) Even if Georgia is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of Georgia may continue to exercise jurisdiction to modify its order. Until all of the parties who are individuals have filed written consents with the tribunal in Georgia for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction. (b) A tribunal in Georgia issuing that has issued a child support order consistent with the law of Georgia may not exercise its continuing, exclusive jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this article or a law substantially similar to this article: (1) All of the parties who are individuals file consent in a record with the tribunal of Georgia that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) Its order is not the controlling order. (c) If a child support order of Georgia is modified by a tribunal of another state pursuant to this article or a law substantially similar to this article, a tribunal in Georgia loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in Georgia and may only: (1) Enforce the order that was modified as to amounts accruing before the modification; THURSDAY, MARCH 28, 2013 3943 (2) Enforce nonmodifiable aspects of that order; and (3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification. (d)(c) If A tribunal of Georgia shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this article or a law substantially similar to this article which modifies a child support order of a tribunal of Georgia, tribunals of Georgia shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d) A tribunal of Georgia that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. (f) A tribunal of Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of Georgia may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. 19-11-115. (a) A tribunal in Georgia that has issued a child support order consistent with the law of Georgia may serve as an initiating tribunal to request a tribunal of another state to enforce: or modify a support order issued in that state (1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to this article; or (2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (b) A tribunal in Georgia having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. (c) A tribunal in Georgia which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state. 19-11-116. (a) If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this article and two or more child support orders have been issued by tribunals of Georgia or, another state, or a foreign country with regard to the same obligor and same child, a tribunal of Georgia having personal 3944 JOURNAL OF THE SENATE jurisdiction over both the obligor and individual obligee shall apply the following rules in determining and by order shall determine which order to recognize for purposes of continuing, exclusive jurisdiction controls and must be recognized: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls and must be so recognized; (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this article,: (A) An an order issued by a tribunal in the current home state of the child controls and must be so recognized, but; or (B) If if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized; or (3) If none of the tribunals would have continuing, exclusive jurisdiction under this article, the tribunal of Georgia having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized. (c) If two or more child support orders have been issued for the same obligor and same child and if the obligor or the individual obligee resides in Georgia, a party may request, upon request of a party who is an individual or that is a support enforcement agency, a tribunal in Georgia to having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls and must be so recognized under subsection (b) of this Code section. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. The request may be filed with a registration for enforcement or registration for modification pursuant to Part 6 of this article or may be filed as a separate proceeding. (d) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (d)(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this Code section is the tribunal that has continuing, exclusive jurisdiction under to the extent provided in Code Section Sections 19-11-114 and 19-11-115. (e)(f) A tribunal of Georgia which that determines by order the identity of which is the controlling order under paragraph (1) or (2) of subsection (b) or subsection (c) of this Code section or which that issues a new controlling order under paragraph (3) of subsection (b) of this Code section shall state in that order: (1) The the basis upon which the tribunal made its determination; (2) The amount of prospective support, if any; and (3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Code Section 19-11118. (f)(g) Within 30 days after issuance of an order determining the identity of which is the controlling order, the party obtaining the order shall file a certified copy of it with in THURSDAY, MARCH 28, 2013 3945 each tribunal that issued or registered an earlier order of child support. A party who obtains or support enforcement agency obtaining the order and that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this Code section must be recognized in proceedings under this article. 19-11-117. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of Georgia shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of Georgia. 19-11-118. A tribunal of Georgia shall credit amounts Amounts collected and credited for a particular period pursuant to a support order any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of Georgia or another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of Georgia, or a foreign country. 19-11-119. A tribunal of Georgia exercising personal jurisdiction over a nonresident in a proceeding under this article, under other law of Georgia relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to Code Section 19-11-135, communicate with a tribunal outside this state pursuant to Code Section 19-11-136, and obtain discovery through a tribunal outside this state pursuant to Code Section 19-11-137. In all other respects, Parts 3 through 6 of this article do not apply and the tribunal shall apply the procedural and substantive law of Georgia. 19-11-119.1. (a) A tribunal of Georgia issuing a spousal support order consistent with the law of Georgia has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b) A tribunal of Georgia may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (c) A tribunal of Georgia that has continuing, exclusive jurisdiction over a spousal support order may serve as: 3946 JOURNAL OF THE SENATE (1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (2) A responding tribunal to enforce or modify its own spousal support order. Part 3 19-11-120. (a) Except as otherwise provided in this article, this part applies to all proceedings under this article. (b) This article provides for the following proceedings: (1) Establishment of an order for spousal support or child support pursuant to Part 4 of this article; (2) Enforcement of a support order and income-withholding order of another state without registration pursuant to Part 5 of this article; (3) Registration of an order for spousal support or child support of another state for enforcement pursuant to Part 6 of this article; (4) Modification of an order for child support or spousal support issued by a tribunal of Georgia pursuant to Code Sections 19-11-112 through 19-11-115; (5) Registration of an order for child support of another state for modification pursuant to Part 6 of this article; (6) Determination of parentage pursuant to Part 7 of this article; and (7) Assertion of jurisdiction over nonresidents pursuant to Code Sections 19-11-110 and 19-11-111. (c)(b) An individual petitioner or a support enforcement agency may commence initiate a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. 19-11-121. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. 19-11-122. Except as otherwise provided by in this article, a responding tribunal of Georgia: (1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in Georgia and may exercise all powers and provide all remedies available in those proceedings; and (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of Georgia. 19-11-123. (a) Upon the filing of a petition authorized by this article, an initiating tribunal of this THURSDAY, MARCH 28, 2013 3947 state Georgia shall forward three copies of the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If a responding state has not enacted this article or a law or procedure substantially similar to this article requested by the responding tribunal, a tribunal of Georgia may shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state tribunal is in a foreign jurisdiction, country, upon request the tribunal may of Georgia shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding state foreign tribunal. 19-11-124. (a) When a responding tribunal of Georgia receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) (b) of Code Section 1911-120, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of Georgia, to the extent otherwise authorized not prohibited by other law, may do one or more of the following: (1) Establish Issue or enforce a support order, modify a child support order, determine the controlling child support order, or render a judgment to determine parentage of a child; (2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) Order income withholding; (4) Determine the amount of any arrearages and specify a method of payment; (5) Enforce orders by civil or criminal contempt, or both; (6) Set aside property for satisfaction of the support order; (7) Place liens and order execution on the obligor's property; (8) Order an obligor to keep the tribunal informed of the obligor's current residential address, e-mail address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) Issue an order for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the arrest order in any local and state computer systems for criminal warrants; (10) Order the obligor to seek appropriate employment by specified methods; (11) Award reasonable attorney's fees and other fees and costs; and (12) Grant any other available remedy. (c) A responding tribunal of Georgia shall include in a support order issued under this 3948 JOURNAL OF THE SENATE article, or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of Georgia may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation. (e) If a responding tribunal of Georgia issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. (f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of Georgia shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported. 19-11-125. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in of this state or another state and notify the petitioner where and when the pleading was sent. 19-11-126. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article. (b) A support enforcement agency of this state that is providing services to the petitioner as appropriate shall: (1) Take all steps necessary to enable an appropriate tribunal in of Georgia or, another state, or a foreign country to obtain jurisdiction over the respondent; (2) Request an appropriate tribunal to set a date, time, and place for a hearing; (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner or other appropriate agency; (5) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts: (1) To ensure that the order to be registered is the controlling order; or (2) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (d) A support enforcement agency of this state that requests registration and THURSDAY, MARCH 28, 2013 3949 enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. (e) A support enforcement agency of this state shall issue or request a tribunal of Georgia to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Code Section 19-11-138. (c)(f) This article does not create a relationship of attorney-client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. 19-11-127. (a) The district attorney of each judicial circuit shall be authorized to represent the Department of Human Services in any proceeding under this article; otherwise, at the option of the district attorney, actions under this article on behalf of the department shall be brought by attorneys appointed by the Attorney General. Written delegation of such duties previously executed by a district attorney pursuant to Article 2 of this chapter, the 'Uniform Reciprocal Enforcement of Support Act,' particularly Code Section 19-11-53, shall constitute a delegation of such representation to the Attorney General for purposes of this article. In all actions brought or maintained by the Department of Human Services, the department shall be regarded as the sole client of such attorney, and no attorney-client relationship shall be created between such attorney and any individual seeking or receiving services under this article through the Department of Human Services. The department may require a completed application for services pursuant to Title IV-D of the federal Social Security Act as a condition of providing any services under this article. (b) Where a support order is established pursuant to Code Section 19-11-140 incident to representation of the department by the district attorney, there shall be paid to the county in which the petition is handled the sum of $50.00 for each such support order established, whether this state is the initiating or responding jurisdiction. (c)(a) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may provide those services directly to the individual. (b) The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination. 19-11-128. An individual may employ private counsel to represent the individual in proceedings authorized by this article. 19-11-129. (a) The Department of Human Services is the state information agency under this article. 3950 JOURNAL OF THE SENATE (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (3) Forward to the appropriate tribunal in the place county in Georgia in which the individual obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from an initiating tribunal or the state information agency of the initiating another state or a foreign country; and (4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's drivers' licenses, and social security. 19-11-130. (a) In a proceeding under this article, a A petitioner seeking to establish or modify a support order or, to determine parentage in a proceeding under this article must verify the of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Code Section 19-11-131, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, social security number, and date of birth of each child for whom whose benefit support is sought. The or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a certified copy of any support order in effect known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. 19-11-131. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. Upon a finding, THURSDAY, MARCH 28, 2013 3951 which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this article. 19-11-132. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of Georgia may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Part 6 of this article, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. 19-11-133. (a) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article. (c) The immunity granted by this Code section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while physically present in Georgia to participate in the proceeding. 19-11-134. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article. 19-11-135. (a) The physical presence of the petitioner a nonresident party who is an individual in a responding tribunal of Georgia is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An A verified petition, affidavit, a document substantially complying with federally 3952 JOURNAL OF THE SENATE mandated forms, and or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under oath penalty of perjury by a party or witness residing in another outside this state. (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (e) Documentary evidence transmitted from another outside this state to a tribunal of Georgia by telephone, telecopier, or other electronic means that do not provide an original writing record may not be excluded from evidence on an objection based on the means of transmission. (f) In a proceeding under this article, a tribunal of Georgia may shall permit a party or witness residing in another outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state Georgia shall cooperate with other tribunals of other states in designating an appropriate location for the deposition or testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article. (j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child. 19-11-136. A tribunal in Georgia may communicate with a tribunal of another outside this state in writing a record, or by telephone, e-mail, or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal in Georgia may furnish similar information by similar means to a tribunal of another outside this state. 19-11-137. A tribunal of this state may: (1) Request a tribunal of another outside this state to assist in obtaining discovery; and THURSDAY, MARCH 28, 2013 3953 (2) Upon request, compel a person over whom which it has jurisdiction to respond to a discovery order issued by a tribunal of another outside this state. 19-11-138. (a) A support enforcement agency or tribunal in Georgia shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received. (b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of Georgia or another state, the support enforcement agency of this state or a tribunal of this state shall: (1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and (2) Issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments. (c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) of this Code section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. Part 4 19-11-140. (a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (1) The individual seeking the order resides in another outside this state; or (2) The support enforcement agency seeking the order is located in another outside this state. (b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: (1) A presumed father of the child The respondent has signed a verified statement acknowledging parentage; (2) Petitioning to have his paternity adjudicated; The respondent has been determined by or pursuant to law to be the parent; or (3) Identified as the father of the child through genetic testing; There is other clear and convincing evidence that the respondent is the child's parent (4) An alleged father who has declined to submit to genetic testing; (5) Shown by clear and convincing evidence to be the father of the child; (6) An acknowledged father as provided by applicable state law or the law of a foreign country; (7) The mother of the child; or 3954 JOURNAL OF THE SENATE (8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124. 19-11-141. A tribunal of Georgia authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article. Part 5 19-11-150. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. 19-11-151. (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of Georgia. (c) Except as otherwise provided by subsection (d) of this Code section and Code Section 19-11-152, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: (1) The duration and the amount of periodic payments of current child support, stated as a sum certain; (2) The person or agency designated to receive payments and the address to which the payments are to be forwarded; (3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) The employer's fee for processing an income-withholding order; (2) The maximum amount permitted to be withheld from the obligor's income; and (3) The time periods within which the employer must implement the withholding order and forward the child support payment. THURSDAY, MARCH 28, 2013 3955 19-11-152. If an obligor's employer receives multiple two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple two or more child support obligees. 19-11-153. An employer who that complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income. 19-11-154. An employer who that willfully fails to comply with an income-withholding order issued by in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal in Georgia. 19-11-155. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in Georgia by registering the order in a tribunal of Georgia and filing a contest to that order as provided in Part 6 of this article, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of Georgia. Code Section 19-11-163 applies to the contest. (b) The obligor shall give notice of the contest to: (1) Any support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order relating to the obligor; and (3) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee. 19-11-156. (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of Georgia. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of Georgia to enforce a support order or an incomewithholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article. 3956 JOURNAL OF THE SENATE Part 6 19-11-160. A support order or an income-withholding order issued by a tribunal of in another state or a foreign support order may be registered in Georgia for enforcement. 19-11-161. (a) Except as otherwise provided in Code Section 19-11-184.1, a A support order or income-withholding order of another state or a foreign support order may be registered in Georgia by sending the following documents and information records to the appropriate tribunal in Georgia: (1) A letter of transmittal to the tribunal requesting registration and enforcement; (2) Two copies, including one certified copy, of all orders the order to be registered, including any modification of an the order; (3) A sworn statement by the party seeking person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) The name of the obligor and, if known: (A) The obligor's address and social security number; (B) The name and address of the obligor's employer and any other source of income of the obligor; and (C) A description and the location of property of the obligor in Georgia not exempt from execution; and (5) Except as otherwise provided in Code Section 19-11-131, the The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form. (c) A petition, motion, or comparable filing seeking a remedy that must be affirmatively sought under other laws of this state, and discovery incident thereto, may be filed at the same time as the request for registration or later. The pleading, motion, or other filing must specify the grounds for the remedy sought. For purposes of this subsection, remedies sought may include, but are not limited to, a rule for contempt or a petition for entry of an income deduction order. (d) If two or more orders are in effect, the person requesting registration shall: (1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this Code section; (2) Specify the order alleged to be the controlling order, if any; and (3) Specify the amount of consolidated arrears, if any. (e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and THURSDAY, MARCH 28, 2013 3957 modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. 19-11-162. (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of Georgia. (b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia. (c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. 19-11-163. (a) Except as otherwise provided in subsection (d) of this Code section, the The law of the issuing state or foreign country governs: (1) The the nature, extent, amount, and duration of current payments and other obligations of support and the under a registered support order; (2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) The existence and satisfaction of other obligations under the support order. (b) In a proceeding for arrearages arrears under a registered support order, the statute of limitation under the laws of Georgia or of the issuing state or foreign country, whichever is longer, applies. (c) A responding tribunal of Georgia shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in Georgia. (d) After a tribunal of Georgia or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of Georgia shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. 19-11-164. (a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of Georgia shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) The A notice must inform the nonregistering party: (1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of Georgia; (2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under Code 3958 JOURNAL OF THE SENATE Section 19-11-184.2; (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) Of the amount of any alleged arrearages. (c) If the registering party asserts that two or more orders are in effect, a notice must also: (1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; (2) Notify the nonregistering party of the right to a determination of which is the controlling order; (3) State that the procedures provided in subsection (b) of this Code section apply to the determination of which is the controlling order; and (4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (c)(d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33. 19-11-165. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in Georgia shall request a hearing within 20 days after notice of the registration the time required by Code Section 19-11-164. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Code Section 19-11-166. (b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. 19-11-166. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order was obtained by fraud; (3) The order has been vacated, suspended, or modified by a later order; (4) The issuing tribunal has stayed the order pending appeal; (5) There is a defense under the law of Georgia to the remedy sought; THURSDAY, MARCH 28, 2013 3959 (6) Full or partial payment has been made; or (7) The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the alleged arrearages; or (8) The alleged controlling order is not the controlling order. (b) If a party presents evidence establishing a full or partial defense under subsection (a) of this Code section, a tribunal may stay enforcement of the a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue temporary or other appropriate orders. Any portion of the registered support order which is not in dispute may be enforced by all remedies available under the laws of Georgia. (c) If the contesting party does not establish a defense under subsection (a) of this Code section to the validity or enforcement of the a registered support order, the registering tribunal shall issue an order confirming the order. 19-11-167. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. 19-11-168. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in Georgia in the same manner provided in Code Sections 19-11-160 through 19-11-163 19-11-167 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. 19-11-169. A tribunal of Georgia may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of Georgia, but the registered support order may be modified only if the requirements of Code Section 19-11-170 or 19-11-172 have been met. 19-11-170. (a) If Code Section 19-11-172 does not apply, upon petition a tribunal of Georgia may modify After a child support order issued in another state has been which is registered in Georgia, the responding tribunal of Georgia may modify that order only if Code Section 19-11-172 does not apply and if, after notice and hearing, it the tribunal finds that: (1) The following requirements are met: (A) Neither the The child, nor the individual obligee who is an individual, and nor the obligor do not reside resides in the issuing state; (B) A petitioner who is a nonresident of Georgia seeks modification; and 3960 JOURNAL OF THE SENATE (C) The respondent is subject to the personal jurisdiction of the tribunal of Georgia; or (2) This state is the residence of the The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of Georgia, and all of the parties who are individuals have filed written consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this article, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order. (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner. (c) A tribunal in Georgia may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under the provisions of Code Section 19-11-116 establishes the aspects of the support order which are nonmodifiable. (d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of Georgia. (d)(e) On issuance of an order by a tribunal of Georgia modifying a child support order issued in another state, a the tribunal of Georgia becomes the tribunal having continuing, exclusive jurisdiction. (f) Notwithstanding subsections (a) through (e) of this Code section and subsection (b) of Code Section 19-11-110, a tribunal of Georgia retains jurisdiction to modify an order issued by a tribunal of Georgia if: (1) One party resides in another state; and (2) The other party resides outside the United States. 19-11-171. If a child support order issued by a A tribunal in Georgia shall recognize a modification of its earlier child support order is modified by a tribunal of another state which assumed jurisdiction pursuant to this article or a law substantially similar to this article and, upon request, except as otherwise provided in this article, shall, a tribunal of Georgia: (1) May enforce its Enforce the order that was modified only as to amounts arrears and interest accruing before the modification; (2) Enforce only nonmodifiable aspects of that order; THURSDAY, MARCH 28, 2013 3961 (3)(2) May provide Provide other appropriate relief only for violations of that its order which occurred before the effective date of the modification; and (4)(3) Shall recognize Recognize the modifying order of the other state, upon registration, for the purpose of enforcement. 19-11-172. (a) If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal in Georgia exercising jurisdiction as provided in this Code section shall apply the provisions of Parts 1 and 2 of this article and the procedural and substantive law of Georgia to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply. 19-11-173. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. 19-11-174. (a) Except as otherwise provided in Code Section 19-11-184.6, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of Georgia may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to Code Section 19-11-170 has been given or whether the individual seeking modification is a resident of this state or of the foreign country. (b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this Code section is the controlling order. 19-11-175. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under Code Sections 19-11-160 through 19-11-167 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification. 3962 JOURNAL OF THE SENATE Part 7 19-11-180. As used in this part, the term: (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this article or a law substantially similar to this article, or the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child. (b) In a proceeding to determine parentage, a responding tribunal in Georgia shall apply the procedural and substantive law of this state and the rules of this state on choice of law. (1) 'Application' means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) 'Central authority' means the entity designated by the United States or a foreign country described in subparagraph (D) of paragraph (5) of Code Section 19-11-101 to perform the functions specified in the convention. (3) 'Convention support order' means a support order of a tribunal of a foreign country described in subparagraph (D) of paragraph (5) of Code Section 19-11-101. (4) 'Direct request' means a petition filed by an individual in a tribunal of Georgia in a proceeding involving an obligee, obligor, or child residing outside the United States. (5) 'Foreign central authority' means the entity designated by a foreign country described in subparagraph (D) of paragraph (5) of Code Section 19-11-101 to perform the functions specified in the convention. (6) 'Foreign support agreement': (A) Means an agreement for support in a record that: (i) Is enforceable as a support order in the country of origin; (ii) Has been: (I) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or (II) Authenticated by, or concluded, registered, or filed with, a foreign tribunal; and (iii) May be reviewed and modified by a foreign tribunal; and (B) Includes a maintenance arrangement or authentic instrument under the convention. (7) 'United States central authority' means the secretary of the United States Department of Health and Human Services. 19-11-181. This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with Parts 1 through 6 of this article, this part controls. THURSDAY, MARCH 28, 2013 3963 19-11-182. The Department of Human Services is recognized as the agency designated by the United States central authority to perform specific functions under the convention. 19-11-183. (a) In a support proceeding under this part, the Department of Human Services shall: (1) Transmit and receive applications; and (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of Georgia. (b) The following support proceedings are available to an obligee under the convention: (1) Recognition or recognition and enforcement of a foreign support order; (2) Enforcement of a support order issued or recognized in Georgia; (3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; (4) Establishment of a support order if recognition of a foreign support order is refused under paragraph (2), (4), or (9) of subsection (b) of Code Section 19-11184.3; (5) Modification of a support order of a tribunal of Georgia; and (6) Modification of a support order of a tribunal of another state or a foreign country. (c) The following support proceedings are available under the convention to an obligor against which there is an existing support order: (1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of Georgia; (2) Modification of a support order of a tribunal of Georgia; and (3) Modification of a support order of a tribunal of another state or a foreign country. (d) A tribunal of Georgia may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention. 19-11-184. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of Georgia applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Code Sections 19-11-184.1 through 19-11-184.8 apply. (c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement: (1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal 3964 JOURNAL OF THE SENATE assistance provided for by the law of Georgia under the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance from the Department of Human Services. (e) This part does not prevent the application of laws of Georgia that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. 19-11-184.1. (a) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Part 6 of this article. (b) Notwithstanding Code Sections 19-11-130 and subsection (a) of Code Section 1911-161, a request for registration of a convention support order must be accompanied by: (1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; (2) A record stating that the support order is enforceable in the issuing country; (3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; (4) A record showing the amount of arrears, if any, and the date the amount was calculated; (5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and (6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. (c) A request for registration of a convention support order may seek recognition and partial enforcement of the order. (d) A tribunal of Georgia may vacate the registration of a convention support order without the filing of a contest under Code Section 19-11-184.2 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy. (e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order. 19-11-184.2. (a) Except as otherwise provided in this part, Code Sections 19-11-164 through 19-11167 apply to a contest of a registered convention support order. (b) A party contesting a registered convention support order shall file a contest not THURSDAY, MARCH 28, 2013 3965 later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration. (c) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b) of this Code section, the order is enforceable. (d) A contest of a registered convention support order may be based only on grounds set forth in Code Section 19-11-184.3. The contesting party bears the burden of proof. (e) In a contest of a registered convention support order, a tribunal of Georgia: (1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) May not review the merits of the order. (f) A tribunal of Georgia deciding a contest of a registered convention support order shall promptly notify the parties of its decision. (g) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances. 19-11-184.3. (a) Except as otherwise provided in subsection (b) of this Code section, a tribunal of Georgia shall recognize and enforce a registered convention support order. (b) The following grounds are the only grounds on which a tribunal of Georgia may refuse recognition and enforcement of a registered convention support order: (1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; (2) The issuing tribunal lacked personal jurisdiction consistent with Code Section 1911-110; (3) The order is not enforceable in the issuing country; (4) The order was obtained by fraud in connection with a matter of procedure; (5) A record transmitted in accordance with Code Section 19-11-184.1 lacks authenticity or integrity; (6) A proceeding between the same parties and having the same purpose is pending before a tribunal of Georgia and that proceeding was the first to be filed; (7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this article in Georgia; (8) Payment, to the extent alleged arrears have been paid in whole or in part; (9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: (A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be 3966 JOURNAL OF THE SENATE heard in a challenge or appeal on fact or law before a tribunal; or (10) The order was made in violation of Code Section 19-11-184.6. (c) If a tribunal of Georgia does not recognize a convention support order under paragraph (2), (4), or (9) of subsection (b) of this Code section: (1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and (2) The Department of Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Code Section 19-11-183. 19-11-184.4. If a tribunal of Georgia does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order. 19-11-184.5. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, a tribunal of Georgia shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) A complete text of the foreign support agreement; and (2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (c) A tribunal of Georgia may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (d) In a contest of a foreign support agreement, a tribunal of Georgia may refuse recognition and enforcement of the agreement if it finds: (1) Recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) The agreement was obtained by fraud or falsification; (3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in Georgia; or (4) The record submitted under subsection (b) of this Code section lacks authenticity or integrity. (e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. THURSDAY, MARCH 28, 2013 3967 19-11-184.6. (a) A tribunal of Georgia may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) The obligee submits to the jurisdiction of a tribunal of Georgia, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. (b) If a tribunal of Georgia does not modify a convention child support order because the order is not recognized in this state, subsection (c) of Code Section 19-11-184.3 applies. 19-11-184.7. Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted. 19-11-184.8. A record filed with a tribunal of Georgia under this part must be in the original language and, if not in English, must be accompanied by an English translation verified by the translator. Part 8 19-11-185. (a) For purposes of this part, the term 'governor' includes an individual performing the functions of governor or the executive authority of a state covered by this article. (b) The Governor of this state may: (1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) On the demand by of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. 19-11-186. (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 90 days previously the obligee had initiated proceedings for support 3968 JOURNAL OF THE SENATE pursuant to this article or that the proceeding would be of no avail. (b) If, under this article or a law substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order. Part 9 19-11-190. In applying and construing this article, consideration must be given to the need to promote uniformity of This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the its subject of the article matter among states enacting that enact it. 19-11-190.1. This article applies to proceedings begun on or after the effective date of this Code section to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. 19-11-191. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable." 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 193. THURSDAY, MARCH 28, 2013 3969 On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Golden Y Gooch Y Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Tate Y Thompson, C E 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 193. The following bill was taken up to consider House action thereto: SB 170. By Senator Hill of the 32nd: 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 substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to clarify that medical identity fraud is included in identity fraud; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. 3970 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, is amended by revising Code Section 16-9-120, relating to definitions for identity fraud, as follows: "16-9-120. As used in this article, the term: (1) 'Administrator' means the administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (2) 'Business victim' means any individual or entity that provided money, credit, goods, services, or anything of value to someone other than the intended recipient where the intended recipient has not given permission for the actual recipient to receive it and the individual or entity that provided money, credit, goods, services, or anything of value has suffered financial loss as a direct result of the commission or attempted commission of a violation of this article. (3) 'Consumer victim' means any individual whose personal identifying information has been obtained, compromised, used, or recorded in any manner without the permission of that individual. (4) 'Health care records' means records however maintained and in whatever form regarding an individual's health, including, but not limited to, doctors' and nurses' examinations and other notes, examination notes of other medical professionals, hospital records, rehabilitation facility records, nursing home records, assisted living facility records, results of medical tests, X-rays, CT scans, MRI scans, vision examinations, pharmacy records, prescriptions, hospital charts, surgical records, mental health treatments and counseling, dental records, and physical therapy notes and evaluations. (4)(5) 'Identifying information' shall include, but not be limited to: (A) Current or former names; (B) Social security numbers; (C) Driver's license numbers; (D) Checking account numbers; (E) Savings account numbers; (F) Credit and other financial transaction card numbers; (G) Debit card numbers; (H) Personal identification numbers; (I) Electronic identification numbers; (J) Digital or electronic signatures; (K) Medical identification numbers; (L) Birth dates; (M) Mother's maiden name; (N) Selected personal identification numbers; (O) Tax identification numbers; THURSDAY, MARCH 28, 2013 3971 (P) State identification card numbers issued by state departments; or (Q) Veteran and military medical identification numbers; and (Q)(R) Any other numbers or information which can be used to access a person's or entity's resources or health care records. (5)(6) 'Resources' includes, but is not limited to: (A) A person's or entity's credit, credit history, credit profile, and credit rating; (B) United States currency, securities, real property, and personal property of any kind; (C) Credit, charge, and debit accounts; (D) Loans and lines of credit; (E) Documents of title and other forms of commercial paper recognized under Title 11; (F) Any account, including a safety deposit box, with a financial institution as defined by Code Section 7-1-4, including a national bank, federal savings and loan association, or federal credit union or a securities dealer licensed by the Secretary of State or the federal Securities and Exchange Commission; and (G) A person's personal history, including, but not limited to, records of such person's driving records; criminal, medical, or insurance history; education; or employment; and (H) A person's health insurance, health savings accounts, health spending accounts, flexible spending accounts, medicare accounts, Medicaid accounts, dental insurance, vision insurance, and other forms of health insurance and health benefit plans." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 32nd moved that the Senate agree to the House substitute to SB 170. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Jones, B Y Miller Y Mullis Y Murphy Y Orrock Ramsey Y Seay Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S 3972 JOURNAL OF THE SENATE Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar 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 SB 170. The following bill was taken up to consider House action thereto: SB 145. By Senators Heath of the 31st, Williams of the 19th and Harper of the 7th: 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 add farm weddings to the definition of agritourism; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that farm weddings or participation in certain equestrian performance events shall not constitute a breach of covenant; 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 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by revising subsection (p) by deleting "or" at the end of paragraph (6), replacing the period at the end of subparagraph (p)(7)(B) with a semicolon, and adding new paragraphs to read as follows: "(8) Allowing all or part of the property which has been subject to a covenant for at least one year to be used as a site for farm weddings; or (9) Allowing all or part of the property which has been subject to a covenant for at least one year to be used to host not for profit equestrian performance events to which spectator admission is not contingent upon an admission fee but which may charge an entry fee from each participant." THURSDAY, MARCH 28, 2013 3973 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 Heath of the 31st moved that the Senate agree to the House substitute to SB 145. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock N Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y 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 145. The following bill was taken up to consider House action thereto: SB 104. By Senators Ginn of the 47th, Jeffares of the 17th, Albers of the 56th, Carter of the 42nd, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the minimum elements addressed and included in comprehensive plans of local governments; to remove the requirement for certain findings with regard to projects of regional importance or impact; to 3974 JOURNAL OF THE SENATE remove certain limitations on actions by counties or municipalities with regard to local plans; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend SB 104 (LC 28 6533) by inserting after "impact;" on line 4 "to provide for certain reports;" and by inserting after "commission." on line 67 "A report shall be prepared and submitted to the regional commission council, including potential impacts of the proposed development of regional impact. The report shall be made available to the local governments in the region and on the website of the regional commission." Senator Ginn of the 47th moved that the Senate agree to the House amendment to SB 104. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 104. The following bill was taken up to consider House action thereto: THURSDAY, MARCH 28, 2013 3975 SB 91. By Senators Harper of the 7th, Wilkinson of the 50th, Mullis of the 53rd, Staton of the 18th, Ginn of the 47th and others: A BILL to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to repeal the "Emerging Crops Fund Act"; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise the "Emerging Crops Fund Act"; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Chapter 8A, the "Emerging Crops Fund Act," as follows: "CHAPTER 8A 2-8A-1. This chapter shall be known and may be cited as the 'Emerging Crops Fund Act.' 2-8A-2. The purpose of this chapter is to promote economic development by encouraging the production of plant or animal crops in Georgia which have not been are produced commercially to their full potential, to encourage farmers of this state to shift from enterprises with low-profit margins to those with higher profit margins, and to make available to consumers emerging crops grown in Georgia. 2-8A-3. As used in this chapter, the term: (1) 'Emerging crop' means a plant or animal crop for which consumers have a growing demand, which has potential for economic development, which has a development time from beginning of production to commercial harvest or initial sale of the product of not less than 18 months nor more than five years, and which has been designated an emerging crop by the Georgia Development Authority or by Code Section 2-8A-4. (2) 'Farmer' means a resident of Georgia who engages in or wishes to engage in the 3976 JOURNAL OF THE SENATE commercial production of an emerging crop on land in Georgia. This term shall include individuals, family-farm corporations meeting the requirements of paragraph (2) of subsection (b) of Code Section 48-5-7.1, and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements. (3) 'Fund' means the Emerging Crops Fund established in Code Section 2-8A-5. (4) 'Georgia Development Authority' or 'authority' means the Georgia Development Authority provided for in Chapter 10 of Title 50. (5) 'Interest loan' means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the nonland capital costs of establishing production of an emerging crop. (6) 'Lender' means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration. 2-8A-4. Emerging crops shall include but not be limited to the following crops: (1) Blueberries; (2) Blackberries; (3) Strawberries; (4) Raspberries; (5) Asparagus; (6) Peaches; (7) Apples; (8) Grapes; (9) Pears; (10) Ornamental horticultural plants; (11) Christmas trees; and (12) Fish farming which shall include, but shall not be limited to, crawfish, Saint Peter's (Tilapia) fish, freshwater shrimp, catfish, hybrid bass (a cross between striped bass and white bass), and rainbow trout Reserved. 2-8A-5. (a) There Pursuant to Article III, Section IX, Paragraph VI (j) of the Constitution of Georgia, there is established as a separate fund of the Georgia Development Authority a fund to be known as the 'Emerging Crops Fund,' which shall be used to make interest loans on loans made to farmers for nonland capital costs of establishing production of emerging crops on land in Georgia. The fund shall be administered by the Georgia Development Authority. The Georgia Development Authority shall by rules or regulations develop definitions, guidelines, standards, requirements, and procedures for making interest loans as authorized in this chapter. Funds for the Emerging Crops Fund and for the administration of said fund shall be provided from the following sources: (1) Appropriations by the General Assembly, and funds appropriated to the Emerging THURSDAY, MARCH 28, 2013 3977 Crops Fund shall be presumptively concluded to have been committed to the purpose for which appropriated and shall not lapse; (2) The repayment of interest loans made from the fund; and (3) Any interest or earnings made from the investment of funds of the Emerging Crops Fund. (b) The Georgia Development Authority shall maintain the Emerging Crops Fund entirely separate from any other funds of the authority, and no funds available to the authority to carry out its purposes under Chapter 10 of Title 50 shall be used for the purposes of the Emerging Crops Fund. The source of funds provided for in subsection (a) of this Code section shall be the only source of funds for the Emerging Crops Fund. (c) Except as limited by subsection (b) of this Code section, the Georgia Development Authority may exercise any power possessed by the authority under Chapter 10 of Title 50 to carry out the provisions of this chapter. 2-8A-6. Any lender which has made or makes a loan to a farmer to finance the nonland capital costs of establishing production of an emerging crop on land in Georgia may make application to the Georgia Development Authority for an interest loan to pay interest on the loan during the period from the beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one farmer shall be $50,000.00; provided, however, that the Georgia Development Authority in administering the fund shall give priority to smaller interest loans. During the period that the Georgia Development Authority pays the interest on a loan from the fund, the maximum rate of interest which may be charged on the loan by the lender shall be 2 1/2 percent per annum above the prime rate charged by banks on short-term business loans as published daily in the Wall Street Journal as established from time to time by the Georgia Development Authority. By payment of the interest on a loan, neither the Georgia Development Authority nor the State of Georgia shall be a guarantor of the loan. The Georgia Development Authority shall, by rule or regulation, require such security or lien as may be necessary to provide adequate security for the authority as condition for making an interest loan as authorized by this chapter. 2-8A-7. Repayment of an interest loan made from the fund shall be deferred for a period of time not more than five years or the time when the emerging crop should reach maturity, whichever is later. The schedule for repayment of the interest loan shall be a period of time equal to two times the period that interest is paid on the loan from the fund for that emerging crop. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the Georgia Development Authority for deposit into the fund." 3978 JOURNAL OF THE SENATE SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Harper of the 7th moved that the Senate agree to the House substitute to SB 91. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Y Gooch Harbison Y Harper Y Heath Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Y Sims E Staton Y Stone Y Tate Y Thompson, C E 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 91. The following bill was taken up to consider House action thereto: SB 231. By Senators Loudermilk of the 14th, Albers of the 56th, Ligon, Jr. of the 3rd, Hill of the 4th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, so as to extend the sunset provisions for the additional sums collected on fines for the purpose of funding the commission and driver THURSDAY, MARCH 28, 2013 3979 education and training in Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, so as to extend the sunset provision for the additional sums collected on fines for the purpose of funding the commission and driver education and training in Georgia; to lower the amount of the fine to be imposed; to require a report to the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 10 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to Georgia Driver's Education Commission, is amended by revising Code Section 15-21179, relating to additional penalty for violation of traffic laws or ordinances, as follows: "15-21-179. (a) In every case in which any court in this state shall impose a fine or bond payment, which shall be construed to include costs, for any violation of the traffic laws of this state or for violations of ordinances of political subdivisions which have adopted by reference the traffic laws of this state, there shall be imposed as an additional penalty a sum equal to 5 1.5 percent of the original fine. (b) Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this article. (c) This Code section shall be repealed in its entirety on June 30, 2013 2016, unless extended by an Act of the General Assembly." SECTION 2. Said article is further amended by revising Code Section 15-21-181, relating to report of funds received from additional penalties and funds made available to the Georgia Driver's Education Commission, as follows: "15-21-181. (a) As soon as practicable after the end of each fiscal year, the Office of the State Treasurer shall report the amount of funds received pursuant to Code Section 15-21-179 to the Office of Planning and Budget and the commission. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such fines in any fiscal year shall be made available during the following fiscal year to the commission for the purposes set forth in Code Section 15-21-178. 3980 JOURNAL OF THE SENATE (b) Not later than October 1 of each year, the commission shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives, as well as the committee chairpersons for the standing committees in the Senate and the House of Representatives that are assigned issues related to motor vehicles. The report shall include the amount of funds collected from the additional penalty imposed under this article for the previous three fiscal years, the amount of such funds appropriated to the commission for each such corresponding year, and the manner and purposes for which such funds have been expended." 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 Loudermilk of the 14th moved that the Senate agree to the House substitute to SB 231. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Beach Y Bethel Y Burke Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Dugan Y Fort Y Ginn Y Golden Gooch Harbison Y Harper Y Heath Y Henson Y Hill, H Y Hill, Jack Y Hill, Judson Y Hufstetler Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones, B Y Jones, E Y Ligon Y Loudermilk Y Lucas Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Ramsey Y Seay Y Shafer Sims E Staton Y Stone Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 231. THURSDAY, MARCH 28, 2013 The following communication was transmitted by the Secretary: 3981 Office of the Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Robert F. Ewing Secretary of the Senate April 1, 2013 Honorable Nathan Deal Governor of Georgia State Capitol Atlanta, Georgia 30334 (404) 656-5040 Fax (404) 656-5043 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 28, 2013, with the following results: The Honorable C. Rick Muggridge of Lee County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2011, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Melton Strozier of Monroe County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning 3/27/2012, and ending 3/27/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Steve Adams of Carroll 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 7/1/2010, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3982 JOURNAL OF THE SENATE The Honorable Maureen Olson of Cobb County, as a member of the Office of Disability Services Ombudsman Medical Review Group, for the term of office beginning 3/30/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Rachel Willis of Fulton County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning 4/1/2012, and ending 4/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Angelynn Holt of Houston County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/1/2011, and ending 7/6/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Donald Meck of Houston County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning 3/27/2012, and ending 3/27/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kris Sperry of Coweta County, as a member of the Office of Disability Services Ombudsman Medical Review Group, for the term of office beginning 4/6/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Philip Youngblood of Brooks County, as a member of the Veterans Service Board, for the term of office beginning 4/1/2006, and ending 4/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Glenn Morris of Richmond County, as a member of the State Board of Dispensing Opticians, for the term of office beginning 3/16/2009, and ending 3/16/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable David Meldrum of Fulton County, as a member of the State Board of Dispensing Opticians, for the term of office beginning 3/16/2012, and ending 3/16/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Diane Drake of Butts County, as a member of the State Board of Dispensing Opticians, for the term of office beginning 3/16/2012, and ending 3/16/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3983 The Honorable Josh Bonner of Fayette County, as a member of the State Board of Dispensing Opticians, for the term of office beginning 3/16/2010, and ending 3/16/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Philip Jacobs of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2009, and ending 7/1/2012. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John Hulsey of Hall County, as a member of the Georgia Agriculture Exposition Authority, for the term of office beginning 6/30/2009, and ending 6/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Dennis Sanders of McDuffie County, as a member of the Board of Trustees of the Judicial Retirement System of Georgia, for the term of office beginning 7/1/2010, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Howard Mazier of Fulton County, as a member of the Office of Disability Services Ombudsman Medical Review Group, for the term of office beginning 4/20/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Philip Miller of Douglas County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning 8/31/2011, and ending 8/31/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Judson Smith of Barrow County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning 8/31/2009, and ending 8/31/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Cunnigham of Cobb County, as a member of the State Construction Industry Licensing Board, for the term of office beginning 6/30/2011, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Gary Weichbrodt of Cobb County, as a member of the Office of Disability Services Ombudsman Medical Review Group, for the term of office beginning 4/27/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3984 JOURNAL OF THE SENATE The Honorable Judson Mitcham, as a member of the Poet Laureate, for the term of office beginning 5/4/2012, and ending concurrent with the Governor's term. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Brian Perdue of Gwinnett County, as a member of the Board of Cosmetology, for the term of office beginning 5/5/2012, and ending 5/5/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Daniel Porter of Gwinnett County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2011, and ending 7/6/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Barry Turner of Franklin County, as a member of the State Board of Podiatry Examiners, for the term of office beginning 5/5/2012, and ending 5/5/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kathy Howell of Carroll County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2007, and ending 7/1/2012. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Janice Gallimore of Greene County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2011, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Dawnn Henderson of Cobb County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2007, and ending 7/1/2012. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ben Copeland of Peach County, as a member of the Georgia Seed Development Council, for the term of office beginning 7/1/2010, and ending 7/1/2012. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Timothy Milligan of Cobb County, as a member of the Board of Trustees of the Georgia Firefighters' Pension Fund, for the term of office beginning 6/30/2008, and ending 6/30/2012. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert Kelley of Gwinnett County, as a member of the Board of Trustees of the Georgia Firefighters' Pension Fund, for the term of office beginning 5/18/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3985 The Honorable Mitch Aiken of Hall County, as a member of the Board of Trustees of the Georgia Firefighters' Pension Fund, for the term of office beginning 6/30/2010, and ending 6/30/2014. The vote on this confirmation was yeas 51, nays 0, 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 5/15/2012, and ending 5/15/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jackie Gibbs of Cobb County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning 1/1/2010, and ending 1/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Brad Ray of Sumter County, as a member of the Child Advocate Advisory Committee, for the term of office beginning 1/31/2011, and ending 1/31/2013. The vote on this confirmation was yeas 51, nays 0, 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 6/1/2012, and ending 6/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Walter "Sonny" Deriso of Fulton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Narender Reddy of Gwinnett County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable J.T. Williams of Henry County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kellie Lockwood of Coffee County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning 4/1/2012, and ending 4/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3986 JOURNAL OF THE SENATE The Honorable Fredettena Fletcher of Lamar County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning 4/1/2012, and ending 4/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable David Dove of Madison County, as a member of the Civil War Commission, for the term of office beginning 6/1/2012, and ending 6/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kenneth Griffiths of DeKalb County, as a member of the Civil War Commission, for the term of office beginning 6/1/2012, and ending 6/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John Culpepper of Walker County, as a member of the Civil War Commission, for the term of office beginning 6/1/2012, and ending 6/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Gingrey of Fulton County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2007, and ending 6/30/2012. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mary Watkins of Hall County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning 8/20/2007, and ending 8/20/2012. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Andrew Krantz of Cherokee County, as a member of the Georgia Board of Chiropractic Examiners, for the term of office beginning 8/20/2011, and ending 8/20/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable David Glass of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Steven Wilson of Walker County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3987 The Honorable Robert Jepson of Chatham County, as a member of the Georgia Ports Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Sylvia Russell of Fulton County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2012, and ending 6/30/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Hutson of Cobb County, as a member of the Board of Commissioners of the Sheriffs Retirement Fund, for the term of office beginning 6/30/2012, and ending 6/30/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Sheila Studdard of Fayette County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning 6/30/2012, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Royce McCrary of Worth County, as a member of the Council on American Indian Concerns, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jace Weaver of Clarke County, as a member of the Council on American Indian Concerns, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Nealie McCormick of Mitchell County, as a member of the Council on American Indian Concerns, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mike Yeager of Coweta County, as a member of the Georgia Peace Officers Standards and Training Council, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John Fervier of Gwinnett County, as a member of the Subsequent Injury Trust Fund Commission, for the term of office beginning 7/1/2012, and ending 7/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3988 JOURNAL OF THE SENATE The Honorable Charles White of White County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable L.C. "Buster" Evans of Forsyth County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning 6/30/2012, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Prather of Fannin County, as a member of the State Board of Pharmacy, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Lee Hunter of Fulton County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ben Copeland, Jr. of Peach County, as a member of the Georgia Seed Development Commission, for the term of office beginning 7/1/2012, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kathy Howell of Carroll County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Lee Pickard of Peach County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2010, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, 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 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Wayne Dasher of Tattnall County, as a member of the Board of Corrections, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Trey Sheppard of Washington County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2012, and ending 6/30/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3989 The Honorable Albert Hodge of Floyd County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kiera von Besser of Fulton County, as a member of the Board of Community Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jerome Russell of Fulton County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Daniel DeLoach of Chatham County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jane "Cami" McGarity of Hall County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jason Buelterman of Chatham County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2008, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Keith Thomas of Rockdale County, as a member of the State Workforce Investment Board, for the term of office beginning 2/20/2012, and ending 2/20/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Walters of Hall County, as a member of the Georgia Ports Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kenneth Cronan of Habersham County, as a member of the Georgia Ports Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Hugh Tarbutton of Washington County, as a member of the Georgia Ports Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3990 JOURNAL OF THE SENATE The Honorable Charlotte Nash of Gwinnett County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Thomas Worthan of Douglas County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Elizabeth "BJ" Mathis of Henry County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning 6/1/2012, and ending 6/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable George Turner of Fulton County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Drew Ferguson of Harris County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Timothy Attaway of Hall County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2011, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Michael Faulk of Putnam County, as a member of the State Board of Pharmacy, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Sandy Adams of Elbert County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Donald Parks of Hall County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Defoor of Hall County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3991 The Honorable Marsha Farrow of Chattooga County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert Green of Rockdale County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Gregory Kirk of Sumter County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Louise Hill of Clarke County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Fay Loggins of Hall County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Amy O'Dell of Fulton County, as a member of the Georgia Vocational Rehabilitation Services Board, for the term of office beginning 7/1/2012, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Steve Croy of Bryan County, as a member of the Jekyll Island State Park Authority, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Timothy Milligan of Cobb County, as a member of the Board of Trustees of the Georgia Firefighters' Pension Fund, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Katie Miller of Fulton County, as a member of the Board of Public Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3992 JOURNAL OF THE SENATE The Honorable K. Dean Burke of Decatur County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2006, and ending 10/6/2012. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Craig Lesser of Fulton County, as a member of the Georgia Public Telecommunications Board, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Richard Weil of Fulton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Donna Moses of Carroll County, as a member of the Board of Community Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Richard Jackson of Forsyth County, as a member of the Board of Community Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John Edwards of Evans County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2008, and ending 7/6/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Matt Arthur of Rabun County, as a member of the Southern Regional Education Board, for the term of office beginning 6/30/2009, and ending 6/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable George "Trey" Powell of Lowndes County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ann Jones of Hall County, as a member of the Georgia Agriculture Exposition Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kathy McCaffrey of Gwinnett County, as a member of the State Board of Cosmetology, for the term of office beginning 5/5/2012, and ending 5/5/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3993 The Honorable L. Dan Davis of Fayette County, as a member of the State Board of Professional Engineers and Land Surveyors, for the term of office beginning 6/1/2012, and ending 6/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Eirca Ann Chatelain of Bibb County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Amy Gatch of Cobb County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Miranda Pritcher-Ross of Columbia County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Holly Kaplan of Clarke County, as a member of the State Board of Examiners for Speech-Language Pathology and Audiology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jason Murphy of Thomas County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Phil Jacobs of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Pamela Walker of Carroll County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Sheryl Stalvey of Colquitt County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3994 JOURNAL OF THE SENATE The Honorable Kamila Luigs of Fulton County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Scott Justus of Hall County, as a member of the Professional Standards Commission, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Norma Banks of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Foster Rhodes of Houston County, as a member of the Georgia Agriculture Exposition Authority, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Richard Royal of Mitchell County, as a member of the Jekyll Island State Park Authority, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ralph Jackson of Lee County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Spurgeon Ambrose of Dooley County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2012, and ending 7/6/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Donald Cote of Gwinnett County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kaydn Williams of Fulton County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Cynthia Stein of Cobb County, as a member of the State Board of Cosmetology, for the term of office beginning 5/1/2012, and ending 5/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3995 The Honorable Delos Yancey of Floyd 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 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Russell of Gwinnett County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Richard Tucker of Gwinnett County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2012, and ending 1/1/2019. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Adam Kennedy of Evans County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2012, and ending 7/6/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Bulot of Gwinnett County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2011, and ending 4/30/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Shelly Simmons of Cobb County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Scott Osborne of DeKalb County, as a member of the Statewide Independent Living Council, for the term of office beginning 6/30/2012, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Peggy Venable of Grady County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robbie Breshears of Richmond County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3996 JOURNAL OF THE SENATE The Honorable Joy Norman of Muscogee County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert McGarry of Hall County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Cecilia James of Gwinnett County, as a member of the Statewide Independent Living Council, for the term of office beginning 6/30/2012, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ronald Pounds of Gwinnett County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2011, and ending 4/30/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Andreena Patton of Bibb County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Amy Nimmer of Pierce County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning 4/1/2012, and ending 4/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Judy Scherer of Liberty County, as a member of the Military Interstate Children's Compact Commission, for the term of office beginning 10/5/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Russell Carlson of Fulton County, as a member of the Military Interstate Children's Compact Commission, for the term of office beginning 10/5/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable David Bockel of Cobb County, as a member of the Military Interstate Children's Compact Commission, for the term of office beginning 10/5/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3997 The Honorable Cynthia Mercer of Clarke County, as a member of the Board of Public Health, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kimberly Ryan of Gwinnett County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jason Winters of Chattooga County, as a member of the Rural Development Council, for the term of office beginning 8/4/2012, and ending 8/4/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Tammy Burdeaux of Richmond County, as a member of the Georgia Board of Nursing, for the term of office beginning 9/23/2012, and ending 9/23/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Nelson III of Union County, as a member of the Tennessee Valley Authority Regional Stewardship Council, for the term of office beginning 2/2/2011, and ending 2/2/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Sloan of Hall County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning 6/30/2011, and ending 6/30/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable K. Dean Burke of Decatur County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2012, and ending 10/6/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Shanti Aaron of Fulton County, as a member of the State Independent Living Council, for the term of office beginning 6/30/2012, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mark Schrieber of Chatham County, as a member of the State Independent Living Council, for the term of office beginning 6/30/2012, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mary Louise Austin of Fulton County, as a member of the State Board of Occupational Therapists, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 3998 JOURNAL OF THE SENATE The Honorable Betty Lindsey of Tift County, as a member of the State Board of Optometry, for the term of office beginning 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert McCullough of Fayette County, as a member of the State Board of Optometry, for the term of office beginning 9/6/2012, and ending 9/6/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Whit Lord of Bulloch County, as a member of the State Board of Optometry, for the term of office beginning 9/6/2012, and ending 9/6/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Elizabeth Gobeil of Fulton County, as a member of the State Board of Workers' Compensation, for the term of office beginning 1/12/2012, and ending 1/12/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Christopher Jones of Monroe County, as a member of the State Board of Pharmacy, for the term of office beginning 11/1/2012, and ending 11/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Danny Bowman of Forsyth County, as a member of the Board of Public Safety, for the term of office beginning 1/20/2011, and ending 1/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Melissa Carter of DeKalb County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Rachel Lazarus of DeKalb County, as a member of the State Commission on Family Violence, for the term of office beginning 11/2/2012, and ending 11/2/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Michael Kraft of Oconee County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Terry Barnard of Liberty County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 3999 The Honorable Holly Comer of Cobb County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert McBurney of Fulton County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Asha Jackson of Fulton County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Valerie Williams of Glynn County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Elaine Wilson of Colquitt County, as a member of the State Commission on Family Violence, for the term of office beginning 7/1/2012, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Suzanne Dow of Habersham County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Michelle Girtman of Jeff Davis County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John Flythe of Richmond County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Steven Teske of Clayton County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Stephen Kelley of Glynn County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4000 JOURNAL OF THE SENATE 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 7/1/2012, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Richard Currie of Ware County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Laura Morgan of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Phil Tomlinson of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Don Leebern III of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jim Hull of Richmond County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Paul Bowers of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Gingrey of Fulton County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ben Tarbutton III of Washington County, as a member of the REACH Scholarship Board, for the term of office beginning 11/9/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4001 The Honorable Stacy Jarrard of Lumpkin County, as a member of the Board of Corrections, for the term of office beginning 7/1/2008, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Daniel White of DeKalb County, as a member of the FDR Warms Springs Advisory Committee, for the term of office beginning 12/31/2010, and ending 12/31/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John "Rick" Phillips of Stephens County, as a member of the Rural Development Council, for the term of office beginning 8/4/2012, and ending 8/4/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Susan Ridley of Fulton County, as a member of the State Employee Benefit Plan Council, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Teresa MacCartney of Fulton County, as a member of the State Employee Benefit Plan Council, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jim Beard of Fulton County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Charlie Walters of Gwinnett County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Greg Whitaker of Douglas County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Charley English of Fulton County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4002 JOURNAL OF THE SENATE The Honorable Chuck Eaton of Fulton County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Teresa Tomlinson of Muscogee County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 11/16/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Terry England of Barrow County, as a member of the Southern Regional Education Board, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Thomas Coleman of DeKalb County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2011, and ending 7/6/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Henry Bohn of Cobb County, as a member of the State Board of Veterinary Medicine, for the term of office beginning 9/16/2012, and ending 9/16/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Elaine Sexton of Hall County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 12/7/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Keith Wright of Wayne County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 12/7/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Phil Carlock of Fulton County, as a member of the State Properties Commission, for the term of office beginning 4/1/2011, and ending 4/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Tim Lee of Cobb County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 12/14/2012, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Lisa Hedenstrom of Fayette County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning 7/1/2010, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4003 The Honorable Amelia "Mimi" Collins of Hall County, as a member of the Board of Community Health, for the term of office beginning 7/1/2010, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Al Trujillo of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2011, and ending 12/15/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Bert Yeargen of Wayne County, as a member of the Board of Dentistry, for the term of office beginning 8/1/2012, and ending 8/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Fortenberry of DeKalb County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Randy Daniel of Rockdale County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Harry Strothers III of Cobb County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Al Ertel of DeKalb County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable J. Myron Faircloth of Lowndes County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Stephen Gray of Habersham County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4004 JOURNAL OF THE SENATE The Honorable Frederick Hooper of Habersham County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Steven Wilson of Lowndes County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ronald Garrard of Gwinnett County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Joe Yarbrough of Whitfield County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2012, and ending 6/30/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William "Dink" NeSmith of Clarke County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2006, and ending 1/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Larry Ellis of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2010, and ending 1/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Rutledge Griffin of Lowndes County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2011, and ending 1/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Philip Wilheit of Hall County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2008, and ending 1/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Benjamin Tarbutton of Washington County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4005 The Honorable Neil Pruitt of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2010, and ending 1/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Lori Durden of Bulloch County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Scott Smith of Catoosa County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Rogers Wade of Fulton County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable George Hooks of Sumter County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2009, and ending 1/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Scott Johnson of Cobb County, as a member of the State Board of Education, for the term of office beginning 1/1/2011, and ending 1/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Larry Winter of Whitfield County, as a member of the State Board of Education, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mark Glass of Mitchell County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2010, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Philip Tomlinson of Muskogee County, as a member of the Board of Economic Development, for the term of office beginning 1/1/2013, and ending 1/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Randall Pugh of Jackson County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2008, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4006 JOURNAL OF THE SENATE The Honorable Paul Bowers of Fulton County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2010, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Wayne Christian of Laurens County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2010, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert Kinard of Whitfield County, as a member of the Board of Economic Development, for the term of office beginning 1/1/2013, and ending 1/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kent Fountain of Wayne County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2010, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Paul Wood of DeKalb County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Charles Tarbutton of Washington County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Larry Hutcheson of Haralson County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2008, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John Neely of Chatham County, as a member of the Board of Economic Development, for the term of office beginning 7/1/2011, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mark Smith of Chatham County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jeff "Bodine" Sinyard of Dougherty County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Dwight Davis of DeKalb County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4007 The Honorable Ray Lambert, Jr. of Henry County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2007, and ending 1/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Duncan Johnson of Richmond County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Delos Yancey of Floyd County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Philip Watt of Thomas County, as a member of the Board of Natural Resources, for the term of office beginning 3/16/2011, and ending 3/16/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Philip Wilheit, Jr. of DeKalb County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Nancy Addison of Chatham County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2011, and ending 1/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Frank Turner, Jr. of Newton County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2008, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable H. Clifford Sheppard of Washington County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2010, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Dewrell of Cherokee County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James "Trey" Allen of Columbia County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Bebe Heiskell of Walker County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2008, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4008 JOURNAL OF THE SENATE The Honorable James "Billy" Croker of Polk County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2011, and ending 7/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Carl Franklin of DeKalb County, as a member of the Board of Corrections, for the term of office beginning 7/1/2008, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Roger Garrison of Cherokee County, as a member of the Board of Corrections, for the term of office beginning 7/1/2013, and ending 7/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections, for the term of office beginning 7/1/2010, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John Mayes of Floyd County, as a member of the Board of Corrections, for the term of office beginning 7/1/2012, and ending 7/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Carl Cansino of Baldwin County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2011, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, 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 7/1/2010, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable David Addleton of Bibb County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2010, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Elaine Snow of Floyd County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2011, and ending 7/6/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Spurgeon Ambrose of Dooly County, as a member of the Board of Juvenile Justice, for the term of office beginning 7/6/2009, and ending 7/6/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kay Ford of Chatham County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2011, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4009 The Honorable Judy Neal of Henry County, as a member of the Board of Early Care and Learning, for the term of office beginning 7/1/2011, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mary Flanders of Chatham County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2010, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Gingrey of Fulton County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2012, and ending 6/30/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ben Copeland, Sr. of Lanier County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2010, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ben Tarbutton, Jr. of Washington County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2008, and ending 6/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable John Bullock of Fulton County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2008, and ending 6/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Otis Raybon of Floyd County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2008, and ending 6/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Doug Carter of Hall County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2008, and ending 6/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Don Howard of Cherokee County, as a member of the Board of Commissioners of the Student Finance Commission, for the term of office beginning 3/15/2007, and ending 3/15/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4010 JOURNAL OF THE SENATE The Honorable Brian Daniel of Hall 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 7/1/2012, and ending 7/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Rayna Casey of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2012, and ending 12/15/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ted Jackson of Fulton County, as a member of the Board of Commissioners of the Sheriff's Retirement Fund of Georgia, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Frank Andrews of Rabun County, as a member of the Board of Commissioners of the Sheriff's Retirement Fund of Georgia, for the term of office beginning 6/30/2012, and ending 6/30/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Scott Berry of Oconee County, as a member of the Board of Commissioners of the Sheriff's Retirement Fund of Georgia, for the term of office beginning 6/30/2010, and ending 6/30/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jeff Wigington of Rockdale County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2011, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Janis Mangum of Jackson County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning 7/1/2009, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Tracy Gay of Laurens County, as a member of the Board of Dentistry, for the term of office beginning 1/4/2013, and ending 1/4/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Amy Hooper of Walton County, as a member of the Georgia Board of Examiners of Licensed Practical Nurses, for the term of office beginning 4/1/2012, and ending 4/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4011 The Honorable Chris Clark of Fayette County, as a member of the Technical College System of Georgia Board, for the term of office beginning 6/30/2010, and ending 6/30/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Bornstein of Fulton County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Anthony Waters of Bulloch County, as a member of the Consumer Advisory Board, for the term of office beginning 7/1/2010, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Paul Shailendra of Fulton County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2011, and ending 1/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Teresa MacCartney of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning 12/15/2012, and ending 12/15/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Moses Ector of DeKalb County, as a member of the Georgia Athletic and Entertainment Commission, for the term of office beginning 11/6/2010, and ending 11/6/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Stephan Holcomb of Houston County, as a member of the Georgia Board of Dentistry, for the term of office beginning 1/4/2013, and ending 1/4/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Clint Bearden of Dawson County, as a member of the Lake Lanier Islands Development Authority, for the term of office beginning 5/15/2011, and ending 5/15/2016. The vote on this confirmation was yeas 51, nays 0, 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 1/20/2013, and ending 1/20/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Joseph Terrell of Habersham County, as a member of the Board of Public Safety, for the term of office beginning 1/20/2011, and ending 1/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4012 JOURNAL OF THE SENATE The Honorable Josh Bonner of Fayette County, as a member of the Georgia Real Estate Commission, for the term of office beginning 1/25/2013, and ending 1/25/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jeff "Bodine" Sinyard of Dougherty County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 2/1/2013, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Thomas "Mike" Phelps of Gwinnett County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jackie Gibbs of Cobb County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning 1/1/2013, and ending 1/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Doverspike of DeKalb County, as a member of the State Board of Examiners of Psychologists, for the term of office beginning 1/7/2013, and ending 1/7/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert Cowles of Greene County, as a member of the Governor's Commission on 9-1-1 System Modernization & Balancing Funding Model, for the term of office beginning 2/1/2013, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Gilbert Barrett of Habersham County, as a member of the Board of Community Affairs, for the term of office beginning 7/1/2008, and ending 7/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Trip Addison of Fulton County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Dwight Davis of DeKalb County, as a member of the North Georgia Mountains Authority, for the term of office beginning 2/1/2013, and ending 2/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Delos Yancey of Floyd County, as a member of the North Georgia Mountains Authority, for the term of office beginning 2/1/2013, and ending 2/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4013 The Honorable Nancy Addison of Chatham County, as a member of the North Georgia Mountains Authority, for the term of office beginning 2/1/2013, and ending 2/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable William Bagwell of Hall County, as a member of the North Georgia Mountains Authority, for the term of office beginning 2/1/2013, and ending 2/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Lisa Kinnemore of DeKalb County, as a member of the State Board of Education, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Sandra Reed of Thomas County, as a member of the State Board of Education, for the term of office beginning 1/1/2013, and ending 1/1/2020. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert Leebern of Fulton County, as a member of the Board of Natural Resources, for the term of office beginning 1/1/2010, and ending 1/1/2017. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Krishna Mohan of Clayton County, as a member of the Georgia Composite Medical Board, for the term of office beginning 7/1/2010, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Kelvin Cochran of Fulton County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning 1/1/2013, and ending 1/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Trip Tollison of Chatham County, as a member of the Georgia Southern University's Herty Center Advisory Board, for the term of office beginning 2/15/2013, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable G. Scott McCoy of Washington County, as a member of the Georgia Southern University's Herty Center Advisory Board, for the term of office beginning 2/15/2013, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4014 JOURNAL OF THE SENATE The Honorable Phil Jones of Cherokee County, as a member of the Georgia Southern University's Herty Center Advisory Board, for the term of office beginning 2/15/2013, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Denise Marshall of Dougherty County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Joseph Johnson of Ware County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Philip Raymond of Bibb County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Juanita Stedman of Cobb County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Amanda Mercier of Fannin County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Bill Jones of Glynn County, as a member of the Board of Natural Resources, for the term of office beginning 3/3/2006, and ending 3/16/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Hunter Hill of Cobb County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Gloria Butler of DeKalb County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4015 The Honorable Steve Gooch of Lumpkin County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Lynne Riley of Fulton County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Tom Taylor of DeKalb County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Billy Mitchell of DeKalb County, as a member of the Metropolitan Atlanta Rapid Transit Overview Committee, for the term of office beginning and ending concurrent with current term of office. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Richard Hyde of Cobb County, as a member of the Judicial Qualifications Commission, for the term of office beginning 12/31/2012, and ending 12/31/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Frank McKay of Hall County, as a member of the State Board of Workers' Compensation, for the term of office beginning 5/1/2009, and ending 5/1/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Taylor Hanson Haley of Glynn County, as a member of the State Personnel Board, for the term of office beginning 1/3/2010, and ending 1/3/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert Joseph of DeKalb County, as a member of the State Personnel Board, for the term of office beginning 1/3/2011, and ending 1/3/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Monirah Womack of Fulton County, as a member of the State Employee Benefit Council, for the term of office beginning 6/28/2010, and ending 6/28/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Laine of Greene County, as a member of the State Employee Benefit Council, for the term of office beginning 6/28/2010, and ending 6/28/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4016 JOURNAL OF THE SENATE The Honorable Carlton Lenoir of Fulton County, as a member of the State Employee Benefit Council, for the term of office beginning 6/28/2010, and ending 6/28/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Roy "Reg" Gilbreath of Fulton County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Robert Fitzgerald of Cobb County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Tripp Strickland of Madison County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Rush of Columbia County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2012, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Steve Oldaker of Glynn County, as a member of the Statewide Independent Living Council, for the term of office beginning 4/30/2010, and ending 4/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Don Waters of Chatham County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning 1/1/2011, and ending 1/1/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jeffrey Korotkin of Fulton County, as a member of the Special Advisory Commission on Mandated Health Insurance Benefits, for the term of office beginning 2/1/2011, and ending 2/1/2016. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Duke Blackburn, Jr. of Coweta County, as a member of the Board of Corrections, for the term of office beginning 7/1/2010, and ending 7/1/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. THURSDAY, MARCH 28, 2013 4017 The Honorable Karen Viera of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning 2/20/2013, and ending 2/20/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Earl L. "Buddy" Carter of Chatham County, as a member of the State Workforce Investment Board, for the term of office beginning 2/20/2012, and ending 2/20/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Ames Barnett of Wilkes County, as a member of the State Workforce Investment Board, for the term of office beginning 2/20/2012, and ending 2/20/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable David Kay of Bibb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2008, and ending 10/6/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mark Hanly of Glynn County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2012, and ending 10/6/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable George McCluskey of Muscogee County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2012, and ending 10/6/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable James Childre, Jr. of Washington County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning 10/6/2012, and ending 10/6/2018. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Johnny Grant of Baldwin County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning 7/1/2011, and ending 7/1/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Arthur Williams of Jackson County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2012, and ending 12/31/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. 4018 JOURNAL OF THE SENATE The Honorable Tommy Black of Liberty County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2012, and ending 12/31/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Richard Long of Muscogee County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2012, and ending 12/31/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Eunice Mixon of Tifton County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, for the term of office beginning 12/31/2012, and ending 12/31/2015. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Carter Brown of Walker County, as a member of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia, for the term of office beginning 6/30/2010, and ending 6/30/2013. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable J. Robert Thornton of Coweta County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Mary Frances Bowley of Fayette County, as a member of the State Commission on Family Violence, for the term of office beginning 8/20/2012, and ending 8/20/2014. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. The Honorable Jannine Miller of Fulton County, as a member of the State Employee Benefit Council, for the term of office beginning 3/15/2013, and ending at the pleasure of the Governor. The vote on this confirmation was yeas 51, nays 0, and the nominee was confirmed. Sincerely, /s/ Robert F. Ewing Secretary of the Senate THURSDAY, MARCH 28, 2013 The following committee report was read by the Secretary: 4019 Mr. President: The Engrossing and Journals subcommittee has read and examined the following legislation and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 1 SB 26 SB 66 SB 83 SB 97 SB 115 SB 137 SB 145 SB 170 SB 183 SB 201 SB 222 SB 234 SB 250 SB 258 SB 11 SB 30 SB 70 SB 86 SB 100 SB 120 SB 139 SB 156 SB 177 SB 185 SB 204 SB 223 SB 236 SB 253 SB 259 SB 14 SB 31 SB 76 SB 87 SB 104 SB 121 SB 140 SB 158 SB 178 SB 193 SB 212 SB 225 SB 238 SB 254 SR 113 SB 24 SB 61 SB 81 SB 91 SB 105 SB 122 SB 142 SB 160 SB 179 SB 194 SB 216 SB 226 SB 242 SB 256 SR 267 SB 25 SB 62 SB 82 SB 96 SB 113 SB 136 SB 143 SB 168 SB 182 SB 199 SB 218 SB 231 SB 249 SB 257 SR 293 The President announced the Senate adjourned sine die at 12 midnight. 4020 INDEX SENATE JOURNAL INDEX 2013 REGULAR SESSION INDEX PART I, NUMERIC INDEX SENATE BILLS AND RESOLUTIONS 4021 SB 1-- Child's Health Insurance Information and Records; parents have equal access ........................................................... 73, 954, 1031, 1090, 1091, 2615, 4019 SB 2-- Employment Security; benefits not paid to noncitizens who are not employed legally ........................................................................ 73 SB 4-- Elections and Primaries; nonpartisan elections of clerks of superior court............................................................................. 64, 232, 245 SB 5-- Elections and Primaries; nonpartisan elections; district attorneys......................................................................................... 64, 232, 245 SB 6-- Elections and Primaries; nonpartisan elections; sheriffs ............... 64, 232, 245 SB 7-- Elections and Primaries; nonpartisan elections; county commissioners ............................................................................................... 65 SB 8-- Elections and Primaries; nonpartisan elections; tax commissioners ............................................................................... 65, 232, 245 SB 9-- Elections and Primaries; nonpartisan elections; solicitors-general............................................................................ 65, 232, 245 SB 10-- Registered Professional Nurses; provide continuing competency requirements ..................................................... 65, 243, 258, 926, 927 SB 11-- Georgia Geospatial Advisory Council; reestablish; membership; duties ............................................................... 66, 257, 274, 308, 309, 2049, 3846, 4019 SB 12-- Torts; recreational joint-use agreement; specifications; definitions .............................................................................. 99, 256, 274, 352 SB 13-- Nurses; require mandatory reporting ............................................ 66, 243, 258, 1356, 1358 SB 14-- Georgia Alzheimer's and Related Dementias State Plan Task Force; create ................................................................. 74, 128, 135, 173, 2048, 4019 SB 15-- Traffic Offenses; DUI; require ignition interlock device .............................. 52 SB 16-- Georgia Lottery Corporation; require to conduct/publish a biannual audit .............................................................................................. 53 SB 17-- Education; scholarships, loans, and grants; revise certain definitions .......................................................................................... 53 SB 19-- Incarcerated Persons; place of residence; prior to arrest ............................... 53 SB 20-- Labor/Industrial; prohibit employers from requesting credit reports .................................................................................................. 53 4022 INDEX SB 21-- Education; change the ages of mandatory education..................................... 54 SB 22-- Education; determining eligibility ages; educational programs; shall be December ........................................................................ 54 SB 23-- "Stacey Nicole English Act"; aid in the location of missing persons........................................................................... 99, 955, 1031, 1356, 1362 SB 24-- "Hospital Medicaid Financing Program Act"; enact ............ 50, 51, 69, 70, 85, 86, 149, 4019 SB 25-- Macon, City of; City of Payne City; Bibb County; nonpartisan elections of mayor ............................................. 54, 110, 116, 118, 120, 237, 4019 SB 26-- Bibb County; provide for future elections for coroner ......... 54, 110, 116, 118, 120, 238, 248, 260, 297, 4019 SB 27-- Civil Court of Bibb County; nonpartisan election of the judge...................................................................................... 54, 110, 116, 118, 120 SB 28-- Payne City; abolish ........................................................................ 55, 160, 162 SB 29-- Magistrate Court of Bibb County; future elections for chief magistrate judge ........................................................... 55, 110, 116, 118, 120 SB 30-- Board of Public Education for Bibb County; nonpartisan elections of members ........................................ 55, 110, 117, 118, 120, 238, 4019 SB 31-- Macon-Bibb County Water and Sewerage Authority Act; nonpartisan election for the members ........................... 55, 110, 117, 118, 120, 238, 4019 SB 32-- Bibb County; provide future nonpartisan elections for office of probate judge .......................................................... 56, 110, 117, 118, 120 SB 33-- Public Order and Safety; prohibit possession of assault weapon; penalties........................................................................................... 56 SB 34-- Public Order and Safety; unlawful; mentally incompetent person; handgun ........................................................................ 56 SB 35-- Incarcerated Persons: place of residence; prior to arrest ............................... 57 SB 36-- Public Officials' Conduct and Lobbyist Disclosure; limit the value of gratuitous transfers ............................................................ 57 SB 37-- Abortion; change certain provisions relating to criminal abortion .......................................................................................................... 57 SB 38-- Insurance; provide individual accident and sickness insurance policies in Georgia......................................................................... 57 SB 39-- Taxation; establishment of website to provide taxpayers; itemized receipt ............................................................................ 58 INDEX 4023 SB 40-- Revenue Department; report on the effect of tax exemptions on the amount of revenue ........................................................... 58 SB 41-- Sales and Use Tax; require commissioner to file report on the collection of such taxes ....................................................................... 58 SB 42-- Education; require that the Quality Basic Education Formula is fully funded.................................................................................. 59 SB 43-- Georgia's Pre-K Program; include at least 180 school days ................................................................................................................ 59 SB 44-- Elections; provide for election day voter registration and voting ...................................................................................................... 59 SB 45-- Voting; change the time periods for advance voting ..................................... 59 SB 46-- Insurance; establish the Georgia Health Insurance Marketplace Authority ................................................................................... 60 SB 47-- Insurance; individual accident/sickness policy; coverage; dependent children ........................................................................ 60 SB 48-- Ethics in Government; prohibit lobbyists from giving gifts in excess of a certain value .................................................................... 60 SB 49-- "Ethics in Government Act"; revise; change name to Georgia Ethics Commission .......................................................................... 60 SB 50-- Election; change time periods for advance voting......................................... 66 SB 51-- "The Georgia Cogeneration and Distributed Generation Act of 2001"; provisions ................................................................................ 66 SB 52-- Peace Officers' Annuity and Benefit Fund; amend definition ........................................................................................................ 67 SB 53-- Crimes and Offenses; criminal damage to property in second degree; security .................................................................................. 67 SB 54-- Elections; provide for nonpartisan election of coroners; qualifying ....................................................................................... 74, 232, 245 SB 55-- Elections; nonpartisan election of district attorneys, solicitors-general............................................................................................ 74 SB 56-- Property; purchaser of condominium development at a foreclosure; take title subject to a lien ........................................................... 74 SB 57-- "Universal Kindergarten Mandate For Early Starts Act"; change ages of mandatory education ............................................................. 75 SB 58-- Rules of the Road; change the age of a child constituting child endangerment .................................................................... 75 SB 59-- HOPE; lower the minimum cumulative grade point average ........................................................................................................... 75 SB 60-- General Assembly; all official communications; officers, members; electronic......................................................... 99, 160, 166 SB 61-- "Georgia Self-service Storage Facility Act of 2013" ................. 100, 343, 414, 822, 823, 1598, 3882, 4019 4024 INDEX SB 62-- Federal and State Funded Health Care Financing Program Overview Committee ............................................... 100, 1028, 1088, 1356, 1364, 2799, 2921, 2931, 2997, 3072, 3602, 3817, 4019 SB 63-- State Government; federal health care reform legislation; legislative findings .................................................................... 100 SB 64-- Cosmetologists; modify the requirements for continuing education ...................................................................................................... 101 SB 65-- Mental Health; authorize licensed professional counselor to perform certain acts................................................ 101, 165, 186, 221 SB 66-- Courts; increase penalties that can impose for contempt of superior and state courts ......................................................... 107, 165, 186, 221, 224, 1598, 3903, 4019 SB 67-- State Sales/Use Tax; monthly report; net receipts from online dealers; products ............................................................................... 107 SB 68-- Celebrate Freedom Week; establish; posting of historical documents ................................................................... 107, 412, 814, 868 SB 69-- Juvenile Justice Department; confidentiality of information supplied; penalties................................................... 108, 257, 274, 308, 312 SB 70-- Transportation Department; change type of projects eligible for design-build contract ........................................ 108, 303, 343, 822, 830, 2615, 4019 SB 71-- Transportation Department; procedures for utilizing design-build contracts; provision................................................................. 108 SB 72-- Taxation; rate of interest to be paid for refunds on past due taxes; provisions................................................................... 133, 302, 343, 821, 822, 834 SB 73-- "Anti-T-SPLOST Penalty Act"; modify provisions .................................... 123 SB 74-- Firearms; authorize persons ages of 18 and 21 to carry; circumstances............................................................................... 124, 244, 258 SB 75-- Licenses; military veterans; free lifetime sportsman's license .......................................................................................................... 124 SB 76-- Returning Veterans Task Force; create; provide membership....................................................................... 124, 889, 921, 1035, 1036, 2048, 4019 SB 77-- Education; student scholarship organizations; subject to open records laws......................................................................................... 124 INDEX 4025 SB 78-- Georgia Mass Choir; designate as Georgia's official mass choir .................................................................................................... 125 SB 79-- Education; raise the age of mandatory education from 16 to 17 ........................................................................................................ 125 SB 80-- State Government; no state agency shall enter into a contract......................................................................................................... 125 SB 81-- Forest Resources; shorten the legal season for harvesting ginseng ...................................................................... 133, 186, 201, 277, 1598, 4019 SB 82-- Education; change designations; University of North Georgia................................................................................ 133, 342, 414, 822, 835, 2616, 4019 SB 83-- Counties; support of paupers; provide for cremation as an alternative ....................................................................... 134, 244, 258, 426, 799, 2716, 4019 SB 84-- Drivers' Licenses; prohibit convicted of felonies; driving school/charter buses ........................................................................ 134 SB 85-- Physicians; authorize the administration of vaccines by pharmacists or nurses.................................................................. 134, 861, 889, 1357, 1432 SB 86-- Family Violence Order; provide greater protection of victims of family violence .......................................................... 135, 257, 274, 308, 314, 2618, 3866, 4019 SB 87-- Roadside Markets Incentive Program; repeal..................... 142, 186, 201, 264, 265, 2048, 4019 SB 88-- Offenses Against Public Order and Safety; federal law/regulation; firearms ............................................................................... 142 SB 89-- Fire Protection/Safety; require every school; carbon monoxide detectors ...................................................................................... 142 SB 90-- Governor's Development Council; periodic submission of certain information .................................................................................. 143 SB 91-- "Emerging Crops Fund Act"; repeal ................................... 143, 186, 201, 247, 2799, 3975, 4019 SB 92-- Taxation/Revenue; add public transit to authorized purposes for proceeds ......................................................... 149, 168, 814, 862, 1355, 1358, 1446 SB 93-- Wildlife; authorize the use of suppressors on hunting firearms ........................................................................................ 149, 257, 274 SB 94-- Advanced Practice Registered Nurses; delegation of authority; radiographic; provisions............................................. 150, 342, 414, 1358, 1441, 1443, 1445, 1454 4026 INDEX SB 95-- Elections; counties utilize a chief executive officer/county commission .......................................................... 150, 887, 921 SB 96-- State Courts, Solicitors-General of; part-time solicitor-general; not represent ......................................... 164, 257, 274, 1035, 1037, 2616, 4019 SB 97-- Agricultural Commodity Commission for Beef; create; membership; powers ................................................................... 150, 231, 245, 264, 2048, 4019 SB 98-- "Federal Abortion Mandate Opt-out Act" ................................................... 151 SB 99-- Taxation/Revenue; allow such taxes to be imposed at a rate of less than 1% ..................................................................... 151, 413, 814, 1090, 1094 SB 100-- Career and Technical Education Advisory Commission; reestablish; membership ..................................................... 151, 302, 343, 426, 800, 2616, 4019 SB 101-- Firearms; regulate the sale, use and possession................ 151, 919, 955, 1036, 1039, 2070, 2594, 2659, 2728, 2743 SB 102-- Elections; Secretary of State; modify the training of certain election registrars ............................................................................. 152 SB 103-- State Board of the Technical College System of Georgia; community colleges ..................................................... 164, 342, 414, 868, 873 SB 104-- Community Affairs, Department of; comprehensive plans of local government; revise minimum elements ............... 165, 244, 258, 352, 355, 2890, 3973, 4019 SB 105-- "Uniform Fraudulent Transfers Act"; provide for a definition ..................................................................................... 165, 342, 414, 868, 874, 2618, 3878, 4019 SB 106-- Foreclosure; appraisal performed; deficiency judgement amount determinations................................................................................. 180 SB 107-- HOPE Scholarships; amount shall be accepted as full payment of tuition ........................................................................................ 180 SB 108-- Property; foreclosure of security deeds; revise provisions..................................................................................................... 181 SB 109-- Education; tuition equalization grants, HOPE scholarships, and grants; revise ................................................................... 181 SB 110-- Rules of the Road; prohibit; telecommunications devices ......................................................................................................... 181 SB 111-- Zell Miller Scholar; revise the definition..................................................... 182 SB 112-- Zell Miller Scholar; change the requirements ............................................. 182 INDEX 4027 SB 113-- Civil Practice; personal service of a summons on a corporation; provisions ........................................................... 182, 1028, 1088, 1357, 1404, 2561, 2820, 2910, 3877, 4019 SB 114-- Local Boards of Education; members; revise qualifications................................................................................................ 182 SB 115-- Education; performance data of students; resident school system data ...................................................................... 183, 412, 814, 896, 2616, 4019 SB 116-- Homicide by Vehicle; increase the penalty ................................ 183, 919, 955, 1090, 1095 SB 117-- Blasting or Excavating Near Utility Facilities; revise/add definitions .................................................................. 183, 244, 258, 277, 278 SB 118-- Auto Insurance Verification Data Base; establish; procedures; definitions................................................................................. 183 SB 119-- "Stevenson-Gibson Act"; definitions........................................... 184, 888, 921 SB 120-- Probate Courts; provide for prosecuting attorneys in counties ....................................................................................... 184, 343, 414, 822, 843, 1650, 3838, 4019 SB 121-- License Plates; retired members of the General Assembly .......................................................................... 184, 888, 921, 1358, 1445, 2619, 2804, 2911, 2992, 3072, 3834, 3894, 4019 SB 122-- Drivers' Licenses; authorize the issuance of a temporary driving permit ............................................................................. 185, 302, 343, 813, 888, 992, 1013, 2617, 4019 SB 123-- Foreclosure; general provisions ................................................................... 199 SB 124-- Rules of the Road; failure to secure a load on a motor vehicle; increase penalty .............................................................................. 199 SB 125-- Liability of Owners/Occupiers of Land; codify the duty of a possessor of land.................................................................. 200, 342, 414, 822, 848 SB 126-- Foreclosure; obtaining money judgements on obligations; certain requirements................................................................. 209 SB 127-- Limited Liability of Certain Property Owners; revise definition ...................................................................................... 209, 919, 955 4028 INDEX SB 128-- Professional Counselors; revise definitions relating to marriage/family therapy.............................................................. 210, 342, 414, 926, 927 SB 129-- Georgia Athletic and Entertainment Commission; appointment of executive director ............................................................... 210 SB 130-- Transportation, Department of; requirements for performing value engineering studies.......................................................... 210 SB 131-- Public Roads; criteria for the allocation of federal/state funds; Transportation ................................................................................... 210 SB 132-- Pharmacists/Pharmacies; revise the definition of "security paper"............................................................................................ 211 SB 133-- Counterfeit Substances; possession, manufacture, delivery, distribution; revise ........................................................................ 211 SB 134-- Controlled Substances; revise the definition of "prescriber" ................................................................................. 211, 343, 414, 896, 900, 2619, 3589, 3633 SB 135-- DNA Sampling, Collection, and Analysis; persons arrested for felony offenses......................................................... 211, 343, 414, 868, 876 SB 136-- "Kyle Glover Boat Education Law" and "Jake and Griffin BUI Law"................................................................ 212, 888, 921, 992, 1651, 3744, 4019 SB 137-- Income Tax; authorize; designate areas as opportunity zones ................................................................................... 212, 340, 414, 896, 901, 2658, 2802, 2911, 3581, 3603, 3694, 3835, 4019 SB 138-- "Elementary School Protection Act"; enact................................. 212, 888, 921 SB 139-- Contracts; collection of closing fees; advance of money/extension of credit........................................................... 213, 813, 862, 896, 903, 2619, 3880, 4019 SB 140-- Insurance; include contracts, agreements for repair of a motor vehicle ...................................................................... 213, 414, 814, 926, 928, 2048, 4019 SB 141-- 'Patient Injury Act'; create an alternative medical malpractice litigation ................................................................................... 213 SB 142-- Georgia Judicial Retirement System; board of trustees; qualified plan under federal law ................................................. 227, 343, 414, 926, 931, 2930, 3900, 4019 INDEX 4029 SB 143-- Retirement System; board of trustees of public retirement systems; provide duties ..................................... 228, 274, 303, 868, 877, 2931, 4019 SB 144-- Georgia Emergency 9-1-1 Support Authority; create.............. 228, 1030, 1088 SB 145-- Agritourism; add farm weddings to the definition ..................... 228, 918, 955, 1090, 1098, 2799, 3972, 4019 SB 146-- Offenses Against Public Order and Safety; define certain terms................................................................................................. 229 SB 147-- Crimes and Offenses; duty to retreat prior to the use of force in self-defense..................................................................................... 229 SB 148-- Returning Veterans Task Force; create; membership; duties ............................................................................................................ 239 SB 149-- State Purchasing; qualified business enterprises; owned by disabled veterans..................................................................................... 239 SB 150-- Education; board of regents shall establish a process; veterans ........................................................................................................ 239 SB 151-- Education; board of regents shall establish a process; receiving educational benefits ..................................................................... 240 SB 152-- Citizens' Redistricting Commission; create; membership; duties ...................................................................................... 240 SB 153-- Georgia Athletic and Entertainment Commission; revise method of appointments .............................................................................. 240 SB 154-- State Transportation Board; meetings to elect board members open to public ............................................................................... 240 SB 155-- Georgia Higher Education Assistance Corporation; change membership .................................................................... 241, 342, 414, 1090, 1100, 2717 SB 156-- Surface Mining; revise a definition .................................. 241, 888, 921, 1036, 1044, 2658, 4019 SB 157-- Sales and Use Taxes; revise the definition of "prepared food"............................................................................................................. 241 SB 158-- Temporary Medical Consent Guardianship; Physician Order for Life-sustaining Treatment........................................... 241, 861, 889, 1358, 1447, 2526, 3906, 4019 SB 159-- Uniform Rule Against Perpetuities; validity of nonvested property interest; provisions ....................................................... 241 4030 INDEX SB 160-- Public Employers; provide annual report relative to compliance with certain laws...................................................... 242, 920, 955, 1036, 1046, 1057, 2658, 2807, 2911, 2992, 3008, 3844, 3850, 4019 SB 161-- Public Order and Safety, Offenses Against; persons who are ineligible for weapons carry licenses ............................................. 251 SB 162-- "Parent Charter School Trigger Act"; enact ................................................ 252 SB 163-- Community Health, Department of; required to study and identify options for Medicaid reform................................... 252, 861, 889, 1090, 1101 SB 164-- State Employees Health Insurance Plan; define a certain term .............................................................................................................. 252 SB 165-- Superior Courts; additional judge of the Chattahoochee Judicial Circuit ........................................................................ 253, 1028, 1088, 1356, 1365 SB 166-- Selling/Other Trade Practices; motor vehicles; custom design specifications .................................................................................... 253 SB 167-- Education; declare certain actions void ab initio; adoption of certain curricula ........................................................................ 269 SB 168-- Public Contracts; contracting and bidding requirements............ 269, 920, 955, 1036, 1046, 2719, 3863, 4019 SB 169-- Alcoholic Beverages; retail dealers/retail consumption dealers to offer samples ............................................................................... 270 SB 170-- Forgery and Fraudulent Practices; identity fraud; add medical identity fraud ............................................................. 270, 1029, 1088, 1356, 1369, 2049, 3969, 4019 SB 171-- Health Planning; single ambulatory surgical centers; exempt from requirements ........................................................................... 270 SB 172-- Education; provide the civil rights museum as a division of the Georgia Capitol Museum................................ 271, 1028, 1088, 1358, 1440 SB 173-- 'Accuracy and Transparency in Physician/Provider Profiling Act'................................................................................................ 271 SB 174-- Alcoholic Beverages; limited exceptions to the three-tier system........................................................................................... 271 SB 175-- General Assembly; general provisions ........................................................ 271 SB 176-- Waste Management; hazardous waste sites; enrollment, participation ................................................................................................. 298 INDEX 4031 SB 177-- Georgia Tourism Foundation; change the membership ......... 298, 1027, 1088, 1356, 1370, 2799, 2993, 3071, 4019 SB 178-- Georgia Legislative Retirement System; define a certain term ............................................................................................. 298, 919, 955, 1091, 1102, 1358, 1448, 2931, 4019 SB 179-- Public Contracts; if sealed competitive proposal requested; no bid bond required ................................................. 299, 920, 955, 1036, 1049, 2049, 3869, 4019 SB 180-- Georgia Municipal Employees Benefit System; real estate investments ........................................................................................ 299 SB 181-- Georgia History Month; declare September of each year ........ 299, 954, 1031, 1091, 1103 SB 182-- Board of Education of Hancock County; change description of education districts ................................................ 299, 814, 819, 1538, 4019 SB 183-- Board of County Commissioners of Hancock County; commissioner districts ................................................................ 300, 814, 819, 1538, 4019 SB 184-- Election; provide that all offices in this state shall be elected on a partisan basis............................................................................ 300 SB 185-- Banking; secured transactions; change/provide for definitions ......................................................................... 335, 862, 889, 1091, 1103, 2617, 4019 SB 186-- Mental Health; provide authorization of ambulance personnel to transport................................................................................... 335 SB 187-- State Government; exemption for the board of commissioners; Georgia Student Finance Commission ............. 335, 862, 889, 1356, 1373 SB 188-- Firearms; carrying/possession; provide exemption from application of certain law............................................................................. 336 SB 189-- Education; permit proprietary institutions of higher education to participate ............................................................... 336, 887, 921, 1357, 1375 SB 190-- "Disposition of Unclaimed Property Act"; provide for presumption of abandonment ...................................................................... 336 SB 191-- "Ava's Law"; provide definitions; certain insurance coverage for autism spectrum disorders ...................................................... 405 SB 192-- Georgia Firefighters' Pension Fund; change definition of "firefighter"............................................................................................. 406 4032 INDEX SB 193-- Uniform Interstate Family Support Act; update ......................... 406, 862, 889, 1036, 1050, 1598, 3936, 4019 SB 194-- Natural Resources, Department of; include an exemption for restoration of certain barns........................ 406, 888, 921, 1036, 1051, 2617, 4019 SB 195-- Education; authorize public/private schools; auto-injectable epinephrine......................................................... 406, 919, 955, 1036, 1052 SB 196-- State Road and Tollway Authority; authorize motorcycles to operate in toll lanes ............................................................. 407 SB 197-- Firearms; persons issued weapons carry licenses; confidential .................................................................................. 407, 919, 955 SB 198-- 'Gun Buy-Back Program'; no public funds shall be expended by the state ................................................................................... 407 SB 199-- Board of Education of McDuffie County; change description of the education districts .......................................... 408, 920, 924, 1496, 4019 SB 200-- Crimes/Offenses; define parameters; use of unmanned aircraft in surveillance activities .................................................................. 408 SB 201-- Ad Valorem; homestead exemption; White County school district; educational purposes .......................................... 810, 955, 991, 1538, 4019 SB 202-- Health; bill of rights for residents of long-term care facilities; definitions .................................................................................... 811 SB 203-- Curriculum Content Standards Advisory Council; establishment ............................................................................................... 811 SB 204-- Appeal and Error; limit the scope of judgments/orders; child custody cases............................................................ 855, 919, 955, 1091, 1105, 2617, 4019 SB 205-- Professions/Businesses; change the expiration/renewal dates for certain licenses .............................................................................. 855 SB 206-- Interstate Cooperation; provide for delegation from the State of Georgia ...................................................................... 855, 1029, 1088, 1357, 1375 SB 207-- Probation of first offenders; add private home care providers to list ......................................................................... 856, 955, 1031, 1091, 1107 SB 208-- State Defense Force; remove restrictions; public officers; absent for service ........................................................................... 856 SB 209-- Electronic Transaction; no entity shall be prohibited from making self-help documents; not substitute....................... 856, 917, 955, 1036, 1054 INDEX 4033 SB 210-- Georgia Legacy Program; create; conservation funding mechanisms; operation ............................................................. 856, 954, 1031, 1357, 1379 SB 211-- Professions/Businesses; provide definition for "psychological testing" ................................................................................ 857 SB 212-- Education; require schools to provide training in cardiopulmonary resuscitation .................................................. 857, 953, 1031, 1091, 1304, 1650, 4019 SB 213-- "Flint River Drought Protection Act"; clarify legislative intent ......................................................................................... 857, 954, 1031, 1357, 1422 SB 214-- Lottery for Education; winner anonymous; 25% to Lottery for Education Account .................................................................... 881 SB 215-- Education; no high school; classifying schools; athletic competition .................................................................................................. 881 SB 216-- Pharmacies; medical director of an emergency service; more than one pharmacy........................................................... 881, 955, 1031, 1091, 1306, 2659, 3596, 4019 SB 217-- Medical Assistance; provide for respiratory syncytial virus prophylaxis injections to infants ......................................................... 882 SB 218-- Highways, Bridges and Ferries; annual commercial wrecker emergency tow permits ....................................... 882, 921, 955, 1036, 1056, 2800, 4019 SB 219-- Brady Law Regulations; prohibit the purchase/sale of hand guns; state property ............................................................................. 882 SB 220-- Public Assistance; provide for a pilot program; smart cards for Medicaid ....................................................................................... 882 SB 221-- Yonah Band of Cherokees; officially recognize as an American Indian Tribe of Georgia .............................................................. 883 SB 222-- Conyers, City of; election/term; mayor and councilmembers; repeal provisions ........................................ 883, 1348, 1354, 2001, 4019 SB 223-- Board of Commissioners of Schley County; change description of commissioner districts ..................................... 883, 1348, 1354, 2002, 4019 SB 224-- Invest Georgia Fund; create...................................................... 883, 954, 1031, 1091, 1307 SB 225-- Criminal Procedure; relieve a surety from liability under certain circumstances.................................................... 910, 1029, 1088, 1357, 1396, 2659, 3821, 4019 4034 INDEX SB 226-- Coroners; investigation fees; change certain provisions ........ 910, 1030, 1088, 1357, 1401, 2618, 4019 SB 227-- Employment Security; determination of eligibility; unemployment benefits............................................................ 911, 1028, 1088 SB 228-- Local Government; define the area of operation of a development authority ............................................................ 911, 1030, 1088, 1356, 1363 SB 229-- Fireworks; authorize possession/transportation of consumer fireworks.................................................................. 911, 1028, 1088 SB 230-- Livestock; provide for regulation of importation of white-tailed deer .......................................................................................... 912 SB 231-- Georgia Driver's Education Commission; extend the sunset provisions..................................................................... 912, 1029, 1088, 1357, 1403, 2077, 3978, 4019 SB 232-- Criminal Procedure; notification regarding certain assistance; pursuant to federal law .............................................................. 912 SB 233-- Crimes/Offenses; children who have been sexually exploited; provisions.................................................................................... 912 SB 234-- Insurance; limited licenses to sell travel insurance; provisions................................................................................ 944, 1028, 1088, 1357, 1402, 2618, 4019 SB 235-- Georgia Firefighters' Pension Fund; change the definition of "firefighter" ............................................................................. 944 SB 236-- Insurance; require insurers; indicate amount of the premium increase .................................................................... 945, 1028, 1088, 1357, 1411, 2050, 3830, 4019 SB 237-- DeKalb County School System; provide code of ethics.............................. 945 SB 238-- Nelson, City of; powers and duties of mayor; provisions; revise .................................................................... 945, 1608, 1612, 1632, 2651, 4019 SB 239-- Mortgages, Liens, and Security; hospital liens; change certain provisions ......................................................................................... 945 SB 240-- Alcoholic Beverages; licensing of the production of distilled spirits.............................................................................................. 946 SB 241-- "Georgia Leadership and Service Admissions Act"; leadership/service recognition ................................................ 946, 1028, 1088, 1357, 1413 INDEX 4035 SB 242-- Downtown Development Authorities; undertake projects; reducing energy; renewable resources ..................... 946, 1030, 1088, 1357, 1439, 2890, 4019 SB 243-- Education; student scholarship organization; definitions; change certain provisions .................................... 946, 1027, 1088, 1357, 1388 SB 244-- Corporations, Partnerships, and Associations; there shall not be a penalty; member .................................................................. 1021 SB 245-- Employment Security; benefits not paid to noncitizens who are not employed legally .................................................................... 1022 SB 246-- State Construction Industry Licensing Board; require; reciprocity of other states........................................................................... 1077 SB 247-- Board of Public Education and Orphanage for Bibb County; certification and levy; provisions................................................. 1077 SB 248-- Board of Commissioners of Fulton County; description of the commissioner districts ..................................................................... 1077 SB 249-- Holly Springs, City of; election of councilmembers from wards ............................................................................ 1461, 1547, 1553, 2651, 4019 SB 250-- Port Wentworth, City of; change the description of the council districts ..................................................................... 1516, 1660, 1665, 1698, 2781, 4019 SB 251-- Douglas County; reconstitute the board; composition .............................. 1517 SB 252-- 'Georgia Lottery for Veterans'; offer one/more games to benefit veterans .......................................................................................... 1517 SB 253-- Carlton, City of; provide for a new charter........................... 1539, 1660, 1665, 1667, 1698, 2781, 3907, 4019 SB 254-- Irwin County; create a board of elections and registration ............................................................................ 1600, 2628, 2630, 2643, 3000, 4019 SB 255-- "Partnership for Public Facilities and Infrastructure Act"; enact ................................................................................................. 1600 SB 256-- Magistrate Court of Chatham County; chief magistrate appoint pro tempore magistrates........................................... 1652, 2628, 2631, 2643, 3000, 4019 SB 257-- Town of Trion; provide for continuation/support of independent school system ................................................... 1652, 2628, 2631, 2643, 3001, 4019 SB 258-- Town of Trion; provide for a quorum/voting by the mayor and council................................................................. 1652, 2628, 2631, 2643, 3001, 4019 4036 INDEX SB 259-- Fort Oglethorpe, City of; change the corporate limits.......... 1653, 2628, 2631, 2643, 3001, 4019 SB 260-- Probate Court of Cobb County; change the compensation; chief deputy ....................................................................... 1653 SB 261-- Chiropractors; revise the definition of the practice of chiropractic ................................................................................................ 1653 SB 262-- Georgia Student Finance Authority; legislative findings; definitions .................................................................................................. 2050 SB 263-- Savannah, City of; provide for a nonbinding advisory referendum ................................................................................................. 2051 SB 264-- Savannah, City of; provide for a nonbinding advisory referendum ................................................................................................. 2051 SB 265-- Professions/Businesses; license requirements for low-voltage electrical contracting.............................................................. 2619 SB 266-- Education; provide for a ROTC grant; eligibility and amounts ...................................................................................................... 2760 SB 267-- Health; local school boards; health insurance coverage; public school teacher ................................................................................. 2760 SB 268-- Physician Assistants; authorize a physician to delegate to a physician assistant............................................................................... 2760 SB 269-- Mortgages, Liens, & Security; priorities between liens of mechanics/materialmen ......................................................................... 2761 SB 270-- Lakeside, City of; DeKalb County; incorporate ........................................ 2761 SB 271-- Local Boards of Education; interventions determined by State Board of Education ........................................................................... 2761 SB 272-- Crimes and Offenses; certain veterans organizations may sell certain pull tab games of chance ................................................. 2957 SB 273-- Public Health, Department of; establish the Maternal Mortality Review Committee .................................................................... 3012 SB 274-- Capitol Arts Standards Commission; designation of areas within capitol museum ..................................................................... 3048 SB 275-- Lavista Hills, City of; DeKalb County; incorporate .................................. 3047 SB 276-- State Government; provide that Georgia shall be a "Purple Heart State" ................................................................................... 3091 SB 277-- DeKalb, City of; DeKalb County; incorporate .......................................... 3601 SB 278-- Stonecrest, City of; DeKalb County; incorporate...................................... 3601 SB 279-- Education; include cyberbullying in the definition of "bullying" ................................................................................................... 3865 INDEX SENATE RESOLUTIONS 4037 SR 1-- Senate; adopt the Rules............................................................................ 33, 35 SR 2-- Senate Convened; notify the House of Representatives ................................ 48 SR 3-- General Assembly Convened; notify the Governor ................................ 49, 52 SR 4-- Senate Officials, Employees, and Committees; relative.......................... 34, 49 SR 5-- Lancaster, Grant; recognize ......................................................................... 103 SR 6-- Courts; state-wide grand juries; provide-CA ........................................... 67, 71 SR 7-- Georgia Government Transparency and Campaign Finance Commission; funding-CA ................................................................ 68 SR 8-- Income Taxes; limit authority of the General Assembly to impose taxes on income-CA ...................................................................... 75 SR 9-- Economic Development, Department of; urged to promote and strengthen ties with African nations ........................ 61, 231, 245, 426, 802 SR 10-- Congress; urge to require the identification of minors boarding domestic flights .............................................................................. 61 SR 11-- Senate Preservation of Sapelo Island Study Committee; create .............................................................................................................. 61 SR 12-- Governor; urge to expand Medicaid coverage under the Affordable Care Act....................................................................................... 61 SR 13-- General Assembly; provide fixed sum for funding the Georgia Ethics Commission-CA ................................................................... 68 SR 14-- "Sportsmen's and Coastal Day at the Capitol" recognize January 17 ...................................................................................................... 70 SR 15-- Trethwey, Natasha; congratulate ............................................................. 71, 77 SR 16-- Johnson, Calvin; recognize ............................................................................ 71 SR 17-- Sandy Creek High School Football Team; recognize ................................... 71 SR 18-- Pointer, Louis W.; honoring .......................................................................... 71 SR 19-- Williams, Sr., Clarence; condolences ............................................................ 71 SR 20-- Autism Spectrum Disorders; request screening............................................. 68 SR 21-- Watson, Pastor Dennis; recognize ............................................................... 103 SR 22-- Oltjenbruns, Timothy A.; recognize .............................................................. 85 SR 23-- Conley, Zachariah A.; recognize ................................................................... 85 SR 24-- Weaver, Jacob A.; recognize ......................................................................... 85 SR 25-- University of Louisville Cardinals Football Team; congratulate.................................................................................................... 85 SR 26-- Thomas, Trayton D.; recognize ................................................................... 103 SR 27-- Georgia Farm Bureau Federation Day; recognize February 12 ............................................................................................ 85, 233 4038 INDEX SR 28-- Involuntary Servitude; expressing remorse for the state's past practice....................................................................................... 101 SR 29-- Cordele-Crisp County Fish Fry; recognize.......................................... 103, 167 SR 30-- Stoll, Nicholas; recognize ............................................................................ 103 SR 31-- Smith, Richard Colin; commend ................................................................. 103 SR 32-- Loughman, Kyle Olbert; recognize ............................................................. 103 SR 33-- Harp, Alec Trent; recognize......................................................................... 104 SR 34-- Musey, Jr., Philip Michael; recognize ......................................................... 104 SR 35-- St. Joseph's/Candler Health System of Savannah, Georgia; recognize ............................................................................... 104, 138 SR 36-- Riley, Sr., Roscoe Walker; condolences...................................................... 104 SR 37-- Women with Heart Disease; recognize the struggle faced everyday ..................................................................................... 104, 138 SR 38-- Auger, James; recognize .............................................................................. 104 SR 39-- 4-H Clubs of Georgia; recognize ......................................................... 104, 154 SR 40-- Future Farmers of America Day; recognize February 19 .................... 104, 275 SR 41-- Georgia Career and Technical Student Organizations (CTSO) Day; recognize February 12........................................................... 105 SR 42-- Screven County Development Authority; recognize ........................... 105, 128 SR 43-- Rhodes, Jonathan; recognize ....................................................................... 105 SR 44-- Tourism Day; recognize January 29 ............................................................ 111 SR 45-- Georgia Tech Student Day; recognize ................................................. 111, 129 SR 46-- Pike County Day; recognize January 30...................................................... 111 SR 47-- Georgia REALTORS Day; recognize ...................................................... 112 SR 48-- National Guard Day; recognize January 29......................................... 111, 112 SR 49-- Georgia Economic Developers Association; commend ...................... 112, 128 SR 50-- Eagle's Landing Christian Academy Football Team; recognize .............................................................................................. 112, 246 SR 51-- Ewing, Mr. Mort; recognize ........................................................................ 112 SR 52-- Strickland, Dr. James E. "Jim"; recognize................................................... 112 SR 53-- Allen, George G.; condolences .................................................................... 112 SR 54-- Cooper, Mrs. Jennie Agatha Anderson; condolences .................................. 112 SR 55-- Williams, Jr., Reverend Dr. Clarence "Teddy"; recognize ...................................................................................................... 113 SR 56-- Kappa Alpha Psi Fraternity, Inc.; recognize................................................ 113 SR 57-- Jones, Mrs. Parnell M.; recognize ............................................................... 113 SR 58-- Savannah Chapter of Jack and Jill of America; recognize ...................................................................................................... 113 INDEX 4039 SR 59-- State Board of Pardon and Paroles; urged to issue a Certificate of Restoration of Voting Rights; completion of criminal sentence ..................................................................... 109, 919, 955 SR 60-- Addison, Mr. Joe; recognize ........................................................................ 113 SR 61-- Scott, Dr. Hazel; recognize .......................................................................... 113 SR 62-- "Dental Hygienists Appreciation Day"; recognize February 1 .................................................................................................... 113 SR 63-- "Ft. Stewart/Hunter Army Air Field U.S. Army DENTAC Organization Day"; recognize February 12........................ 113, 233 SR 64-- Moore, Jr., Pastor George Anthony; recognize ........................................... 114 SR 65-- USS Georgia Day; recognize January 30 .................................................... 129 SR 66-- Georgia Peach Festival and 2012 Georgia Peach Queens; commend................................................................................ 114, 923 SR 67-- Cutter, Ms. Stephanie; recognize ......................................................... 114, 138 SR 68-- Fowler, Rachel; condolences ....................................................................... 114 SR 69-- Hidalgo, Michael Conrad; recognize ........................................................... 114 SR 70-- U.S. Congress; urged to adopt/submit to the states a balanced budget amendment to the U.S. Constitution................................. 109 SR 71-- Congress; urged to enact the FairTax ..................................... 109, 1659, 1661, 2964, 2965, 2981 SR 72-- Senate State FairTax Study Committee; create ................ 109, 302, 343, 2964, 2965, 2982 SR 73-- Dekai Amonrasi Memorial Bridge; Fulton County; dedicate ................................................................................ 109, 303, 343, 888 SR 74-- Evans, Mr. John H.; congratulate ........................................................ 114, 128 SR 75-- 6th Homeless Veterans Stand Down, 2nd Annual Homeless Female Veterans Stand Down, and Veterans Resource Fair Day; recognize April 27 ....................................................... 114 SR 76-- Womble, Ira S.; condolences ....................................................................... 114 SR 77-- Columbus Day; recognize February 5 ................................................. 115, 161 SR 78-- Gray, Mrs. Jamie; congratulate............................................................ 115, 138 SR 79-- Cavezza, Mr. Carmen; congratulate ............................................................ 115 SR 80-- Bryant, Precious Bussey; condolences ........................................................ 115 SR 81-- Martin, Frank Kieffer; condolences............................................................. 115 SR 82-- Veterinary Medicine Day; recognize February 7 ................................ 129, 190 SR 83-- National Blood Donor Month; recognize ............................................ 111, 115 SR 84-- Young Farmers Day; recognize February 14....................................... 129, 258 SR 85-- Equine Youth Day; recognize February 5 ........................................... 129, 161 SR 86-- Habersham County Day; recognize February 20 ................................ 129, 305 SR 87-- Meaux, Andrew Keniston; recognize .......................................................... 129 SR 88-- Spencer, Charles Glover; recognize ............................................................ 130 4040 INDEX SR 89-- Fulkerson, William Nathaniel; recognize .................................................... 130 SR 90-- Smith, DeFord Lawson; recognize .............................................................. 130 SR 91-- Sterling, Michael Joseph; recognize ............................................................ 130 SR 92-- Masiarczyk, David; recognize ..................................................................... 130 SR 93-- Chandler, Jr., John Parks; recognize............................................................ 130 SR 94-- Hill, Hunter Michael; Eagle Scout; recognize ............................................. 130 SR 95-- Paulk, Mr. Ashley; recognize ...................................................................... 130 SR 96-- Governor Melvin Ernest Thompson Memorial Highway; Lowndes County; dedicate.................................. 126, 303, 343, 889 SR 97-- Valdosta-Lowndes County Chamber of Commerce; recognize ...................................................................................................... 131 SR 98-- Henderson, Mr. Ashley; commend .............................................................. 131 SR 99-- "Health Care Freedom of Choice Constitutional Amendment"-CA ......................................................................................... 126 SR 100-- Student Mentoring in Life and Education (SMILE); Coach John Miller; honoring ............................................................... 131, 258 SR 101-- Cutchens, Mr. Jeffrey Keith; recognize ....................................................... 131 SR 102-- Valwood School Football Team; recognize ................................................ 131 SR 103-- Valdosta State University Blazers; congratulate ................................. 131, 895 SR 104-- Valdosta State University Football Team; recognize .................................. 131 SR 105-- Valdosta State University's Outstanding Softball Team; recognize .............................................................................................. 131, 895 SR 106-- Valdosta Chief of Police Frank Simons; recognize..................................... 132 SR 107-- Chase, Linda C.; honoring ........................................................................... 132 SR 108-- Synyard, Michael; condolences ................................................................... 132 SR 109-- Davis, Lieutenant Colonel John E.; recognize............................................. 132 SR 110-- Cunningham, Sam R.; recognize ......................................................... 132, 305 SR 111-- Jenkins-Thompson, Mrs. Thomasina; recognize ................................. 132, 138 SR 112-- Thompson, James E.; recognize .......................................................... 132, 138 SR 113-- Public Property; granting of restrictive and nonexclusive easements for operation/maintenance of facilities, utilities 16 counties ..................................................... 126, 244, 258, 352, 356, 2050, 3766, 4019 SR 114-- Georgia State University Day; recognize February 6.......................... 136, 167 SR 115-- McMahon, Major General Robert; congratulate ......................................... 136 SR 116-- Proctor, Mr. Mike; Daggett, Mr. Monty; recognize ............................ 136, 163 SR 117-- Free, James Tobe; condolences ........................................................... 136, 187 SR 118-- The Lite House, Inc.; recognize........................................................... 136, 167 SR 119-- Jones, Canton; congratulate ................................................................. 136, 233 INDEX 4041 SR 120-- McBrayer, Mr. Neil; commend ......................................................... 137, 1521 SR 121-- Amyotrophic Lateral Sclerosis Awareness Day; recognize January 30 ................................................................................... 137 SR 122-- Graham, Priscilla; recognize........................................................................ 137 SR 123-- Gray, Jamie; commend ................................................................................ 137 SR 124-- Court Appointed Special Advocates (CASA); recognize.................... 137, 161 SR 125-- Girl Scouts Day; recognize February 12 ............................................. 137, 234 SR 126-- Lupus Awareness Day; recognize February 13 ................................... 137, 246 SR 127-- Senior Week; recognize February 27-28 ..................................................... 138 SR 128-- Gwinnett County Day; recognize February 13 ............................................ 138 SR 129-- Robertson, Lewis P.; condolences ............................................................... 144 SR 130-- Frady, Morris; condolences ......................................................................... 145 SR 131-- Sparks, Ms. Dorothy Danley; recognize...................................................... 145 SR 132-- McIntosh High School Lady Chiefs Soccer Team; recognize ............................................................................................ 145, 1557 SR 133-- Thrombosis Awareness Month; recognize September ...................... 145, 1032 SR 134-- Medical College of Georgia; recognize ............................................... 145, 161 SR 135-- Cornelia de Lange Syndrome Awareness Day; recognize May 11......................................................................................... 154 SR 136-- Skin Cancer Awareness Day; recognize February 6 ........................... 154, 167 SR 137-- Black History Month; recognize February .................................................. 154 SR 138-- Hyche, Mrs. Alice Laird; recognize ............................................................ 154 SR 139-- Congress; request to reexamine U.S. Postal Service's initiative to conduct Area Mail Processing studies ..................................... 152 SR 140-- Nichols, Matthew; recognize ....................................................................... 154 SR 141-- Ortiz, Ms. Kristina Adrienne; recognize...................................................... 154 SR 142-- Webb, Rachel; recognize ............................................................................. 154 SR 143-- Hunter, Sheila; recognize............................................................................. 155 SR 144-- Sutton, Kristy; recognize ............................................................................. 155 SR 145-- Prather, Brendan; recognize......................................................................... 155 SR 146-- Scrutchins, Marcus; recognize ..................................................................... 155 SR 147-- Bowman, Mr. Willie; condolences .............................................................. 155 SR 148-- Skelton, Maigen; recognize ......................................................................... 155 SR 149-- Osborne, Coach Brian; recognize ................................................................ 155 SR 150-- Danley, Georgie Hall; recognize ................................................................. 155 SR 151-- Gullatte, Frank; commend ........................................................................... 155 SR 152-- Firefighters' Recognition Day; recognizing February 5 ...................... 156, 163 SR 153-- Coweta County 4-H Horse and Pony Club; congratulate ............................ 156 SR 154-- Victory of the World Church; recognize ..................................................... 156 4042 INDEX SR 155-- Barrett, Chris; recognize .............................................................................. 156 SR 156-- Gherghi, Diana; recognize ........................................................................... 156 SR 157-- Rolling, Linda; recognize ............................................................................ 156 SR 158-- Windom, Bob; recognize ............................................................................. 156 SR 159-- Baker, Dr. Champ; recognize ...................................................................... 156 SR 160-- Kimbrough, Reverend Willie C.; condolences ............................................ 157 SR 161-- Black Star Educational Institute; recognize................................................. 157 SR 162-- Sams, Jr., Dr. Ferrol; condolences ............................................................... 161 SR 163-- Turkish American Day; recognize February 7 .................................... 162, 167 SR 164-- Fowler, Rachel; condolences ....................................................................... 162 SR 165-- Judicial Council and the Administrative Office of the Courts; commend ......................................................................................... 162 SR 166-- Berry, Mr. Arthur; recognize ....................................................................... 168 SR 167-- Smith, Mrs. Jo Ellen; recognize................................................................... 168 SR 168-- Adams, Dr. Michael F.; recognize....................................................... 168, 258 SR 169-- Chambers, Jr., James Robert; recognize ...................................................... 168 SR 170-- Vining, Dr. Donna Jean; recognize.............................................................. 169 SR 171-- Delta Sigma Theta Sorority, Inc.; commend ............................................... 169 SR 172-- Georgia Aerospace Industry; recognize....................................................... 169 SR 173-- American Red Cross Month; recognize March ........................................... 169 SR 174-- Ricciardi, Ms. Nancy; recognize ................................................................. 169 SR 175-- Imagine It! The Children's Museum of Atlanta; congratulate.................................................................................................. 169 SR 176-- Parachute Packers Club of Flowery Branch High School; recognize................................................................................. 169, 865 SR 177-- Funk, Dr. Denise; recognize ................................................................ 170, 190 SR 178-- Mack, Ms. Deborah Keith; recognize.......................................................... 170 SR 179-- Wood, Sr., Joe T.; recognize........................................................................ 170 SR 180-- Toccoa-Stephens County Day; recognize February 19 ....................... 170, 275 SR 181-- Williams, Jr., Mr. Carey; recognize............................................................. 188 SR 182-- Boylan, U.S. Army Retired Major General Peter J.; recognize ...................................................................................................... 188 SR 183-- Gainesville-Hall County Day; recognize February 14 ........................ 189, 258 SR 184-- Technical College System of Georgia; authorize the General Assembly; limitations on the amount of tuition receiving lottery funded scholarships-CA ................................................... 185 SR 185-- Georgia Student Finance Commission; urge to provide General Assembly necessary data to assess whether HOPE meeting desired results ..................................................................... 185 SR 186-- Rural Health Day; recognize February 20 ................................................... 189 INDEX 4043 SR 187-- Brogdon, Chief Tim; recognize ................................................................... 189 SR 188-- Georgia, State of; U.S. Department of State; Republic of Georgia; recognize law enforcement cooperation........................... 189, 202 SR 189-- Prince, Mr. Thomas Adam; condolences..................................................... 189 SR 190-- Nance, Mrs. Sherri J.; recognize.................................................................. 189 SR 191-- Williams, Mrs. Kaye; recognize .................................................................. 189 SR 192-- Brown, Monica Denise; commend .............................................................. 189 SR 193-- Alpha Gamma Rho Day; recognize February 20 ................................ 190, 304 SR 194-- John Bulloch Day; recognizing February 8 ......................................... 190, 202 SR 195-- Gray, Mr. Mark; recognize .......................................................................... 190 SR 196-- Bleckley/Pulaski Forestry Unit; recognize ........................................ 190, 1557 SR 197-- End the Commercial Sexual Exploitation of Children Day; recognize February 7................................................................... 187, 190 SR 198-- Coweta-Fayette-South Fulton County Forestry Unit; recognize ............................................................................................ 202, 1557 SR 199-- Lott, Kason; congratulate............................................................................. 190 SR 200-- Oconee District; recognize................................................................. 202, 1557 SR 201-- Army, Department of the; request to carefully consider the socioeconomic impact; Programmatic Environmental Assessment......................................................... 200, 257, 274, 352, 401 SR 202-- Mason, Mr. Greg; recognize ................................................................ 203, 305 SR 203-- Dick Pettys Senate Press Conference Room; designate ......... 200, 1659, 1661, 2627, 2762, 2763, 2964, 2966 SR 204-- Parker, Mrs. Carolyn Diane Pearson; condolences ..................................... 203 SR 205-- State Restaurant Day; recognize February 19 ..................................... 203, 275 SR 206-- Rouis, Miss Nicole Leigh; condolences ...................................................... 203 SR 207-- Wicker, Reverend Dr. Stafford J.; recognize............................................... 220 SR 208-- Conger, DMD, Nelson B.; recognize........................................................... 220 SR 209-- Brown, Mrs. Mary; congratulate ................................................................. 220 SR 210-- DiRuggiero, Benjamin; recognize ............................................................... 220 SR 211-- Aviation Day; recognize February 12.................................................. 220, 236 SR 212-- Emanuel County Institute High School football team; recognize .............................................................................................. 233, 843 SR 213-- "Community Health Centers Day"; recognize February 14 .......................................................................................... 233, 258 SR 214-- NFIB/Georgia's Small Business Day; recognize February 13 .................................................................................................. 233 SR 215-- Northwest Whitefield County High School Lady Bruins Softball Team; recognize ............................................................................. 233 4044 INDEX SR 216-- Buckner, Judge L. Gale; recognize.............................................................. 234 SR 217-- General Assembly; authorize to provide by law for pari-mutuel wagering in horse racing-CA ................................................... 229 SR 218-- Hansen, Coach John; recognize ................................................................... 234 SR 219-- Emergency Medical Services Day; recognize February 20 .......................................................................................... 234, 305 SR 220-- Turner, Mr. Cyril J. and employees of Delta Global Services; recognize .............................................................................. 234, 236 SR 221-- Interfaith Children's Movement Day; recognize February 12 .......................................................................................... 234, 236 SR 222-- Citizens' Redistricting Commission; establishment-CA.............................. 242 SR 223-- Henry County Day; recognize February 13................................................. 246 SR 224-- Pippin, Kay; recognize................................................................................. 246 SR 225-- Cotton, Stacey L.; recognize........................................................................ 246 SR 226-- University of Georgia School of Law Day; recognize February 13 .................................................................................................. 246 SR 227-- Duffy, Stacey Osborne; recognize ............................................................... 247 SR 228-- Health Insurance; requesting repeal of the $100 billion federal sales tax imposed by Affordable Care Act ..................... 243, 414, 814, 2964, 2965, 2983 SR 229-- Gillis, Sr., Senator Hugh Marion; honoring ................................................ 259 SR 230-- Engineering Day; recognize February 22 ............................................ 259, 415 SR 231-- Connell, Jr., Speaker Pro Tempore Atticus Jerome "Jack"; honoring........................................................................................... 259 SR 232-- Langdale, Jr., Harley; honoring ................................................................... 259 SR 233-- Loganville Christian Academy Varsity Football Team; recognize and congratulate .......................................................................... 259 SR 234-- Loganville Christian Academy Varsity Competition Cheerleading Team; recognize and congratulate......................................... 259 SR 235-- Burrell, Sr., Pastor Terrance LaVorn; commend ......................................... 259 SR 236-- Lynch, Rosemary Schwarz; honoring and celebrating 100th birthday .............................................................................................. 260 SR 237-- Council for Quality Growth Day; recognize February 26 .................................................................................................. 260 SR 238-- Birdsong, Mary Claire; congratulate ........................................................... 275 SR 239-- Banks County Leopards Wrestling Team; congratulate ...................... 276, 922 SR 240-- Erwin, Christopher B.; recognize ........................................................ 276, 922 SR 241-- Jefferson High School Dragons; congratulate ..................................... 276, 868 SR 242-- Peanut Butter and Jelly Day; recognize March 1 ........................................ 276 SR 243-- Carter, Former First Lady Rosalyn; recognize ............................................ 276 INDEX 4045 SR 244-- Texting Organization Against Distracted Driving, Inc. (TOADD) ..................................................................................................... 276 SR 245-- U.S. Congress; request to adopt a resolution proposing a balanced budget amendment ........................................... 272, 414, 814, 1350 SR 246-- Ponder, Reverend Ulysses; recognize.................................................. 276, 956 SR 247-- Senate Expungement Reform Study Committee; create ........ 272, 1547, 1609, 2964 SR 248-- Dagget, Mr. & Mrs. James Eugene and Anna Marie; congratulate.................................................................................................. 276 SR 249-- Dade County High School Lady Wolverines Softball Team; congratulate .............................................................................. 277, 887 SR 250-- Fellowship of Christian Athletes of Georgia; recognize ..................... 277, 304 SR 251-- Lukken, Mr. Walter Johnson; condolences ................................................. 305 SR 252-- Parker, Ms. Lula Mae; honoring .................................................................. 305 SR 253-- Georgia Court Reporting and Captioning Week; recognize February 17-23 .................................................................... 305, 416 SR 254-- Hirsch, Kelsey; congratulate........................................................................ 305 SR 255-- Clayton County Day; recognize February 26 ...................................... 305, 865 SR 256-- Centennial High School Model United Nations Team; congratulate.................................................................................................. 306 SR 257-- Resnick, David; congratulate ....................................................................... 306 SR 258-- Massell, Sam; Buckhead Coalition; recognize .................................. 306, 1662 SR 259-- Cumberland Community Improvement District; honoring ............................................................................................. 306, 1027 SR 260-- Neal, Aretha; recognize ............................................................................... 306 SR 261-- Williams, Mercedes Laine; recognize ......................................................... 306 SR 262-- Williams, Lisa; recognize ............................................................................ 306 SR 263-- Great American Bus Interactive Education, LLC (G.A.B.I.E.); recognize ................................................................................ 306 SR 264-- Ahavath Achim Synagogue; recognize ............................................. 307, 2059 SR 265-- Augusta Christian Schools Varsity Competition Cheerleading Team; congratulate ........................................................ 345, 352 SR 266-- Augusta Christian Schools Varsity Football Team; congratulate.......................................................................................... 345, 352 SR 267-- U.S. Army Corps of Engineers; urge to close Noyes Cut in the Satilla River System ....................................................... 336, 954, 1031, 1350, 2049, 4019 SR 268-- Tate, Dr. Benny; recognize .......................................................................... 345 SR 269-- Hayden, Dakota; recognize.......................................................................... 345 SR 270-- McDermitt, Charlie; recognize .................................................................... 345 SR 271-- Montgomery, Sean; recognize ..................................................................... 345 4046 INDEX SR 272-- Blackmon, Christian; recognize................................................................... 345 SR 273-- Counties; re-creation of a previously existing county merged into another county accomplished by law; number of counties limited-CA ................................................................... 337 SR 274-- Stewart, Carol; recognize............................................................................. 345 SR 275-- South Hall Republican Club; recognize ...................................................... 346 SR 276-- Hortman, Ms. Joy; recognize ....................................................................... 346 SR 277-- Local Option Sales and Use Tax; provide for comprehensive revision ............................................................................... 337 SR 278-- Holman, Steve; recognize ............................................................................ 346 SR 279-- Fulton County Marshal's Department; recognize ................................ 346, 886 SR 280-- Pope High School Wrestling Team; recognize............................................ 346 SR 281-- Bowman, Michelle; recognize ..................................................................... 346 SR 282-- Griffin, Sara; recognize................................................................................ 346 SR 283-- Brown, Dr. Wylie; recognize ....................................................................... 346 SR 284-- Smith, Eric; recognize.................................................................................. 347 SR 285-- Strydom, Debra; recognize .......................................................................... 347 SR 286-- Sorenson, Dan; recognize ............................................................................ 347 SR 287-- Pool, Arielle; recognize ............................................................................... 347 SR 288-- Martin, David; recognize ............................................................................. 347 SR 289-- Crooks, Dr. Cheryl; recognize ..................................................................... 347 SR 290-- Bryan, Kelly; recognize ............................................................................... 347 SR 291-- Link, Tina; recognize ................................................................................... 347 SR 292-- Spaceport Georgia; requesting the support.................................................. 416 SR 293-- Ralph A. Pierce Memorial Highway; Lumpkin County; dedicate ................................................................................... 408, 1030, 1088, 1357, 1415, 2800, 3091, 3604, 4019 SR 294-- Khosravi, Hasan; Outstanding Scholar; commend ...................................... 416 SR 295-- Ness, Heather; Outstanding Scholar; commend .......................................... 416 SR 296-- Ragan, Jennifer A.; Outstanding Scholar; commend .................................. 416 SR 297-- Zuiderveen, Caleb; Outstanding Scholar; commend ................................... 416 SR 298-- Falk, Carolyn; Outstanding Scholar; commend........................................... 417 SR 299-- Floyd, Christopher; Outstanding Scholar; commend .................................. 417 SR 300-- Contractor, Alisha A.; Outstanding Scholar; commend .............................. 417 SR 301-- Shead, Ariel B.; Outstanding Scholar; commend........................................ 417 SR 302-- Maret, Galen Lane; Outstanding Scholar; commend .................................. 417 SR 303-- Phan, Andrew Nguyen; Outstanding Scholar; commend ............................ 417 SR 304-- Colley, Viniecia D.; Outstanding Scholar; commend ................................. 418 SR 305-- Lohr, Shelby Regan; Outstanding Scholar; commend ................................ 418 INDEX 4047 SR 306-- Lindborg, Rebekah J.; Outstanding Scholar; commend .............................. 418 SR 307-- Browning, Mary; Outstanding Scholar; commend...................................... 418 SR 308-- Rodriguez, Juan M.; Outstanding Scholar; commend ................................. 418 SR 309-- Barker, Garret Leighton; Outstanding Scholar; commend...................................................................................................... 418 SR 310-- Stokes, Faith Marie; Outstanding Scholar; commend ................................. 419 SR 311-- Rosenbaum, Jennifer Michelle; Outstanding Scholar; commend...................................................................................................... 419 SR 312-- Stakich, Jennifer Rose; Outstanding Scholar; commend............................. 419 SR 313-- Blowers, Jessie; Outstanding Scholar; commend ........................................ 419 SR 314-- Weaver, Mark Kain; Outstanding Scholar; commend................................. 419 SR 315-- Hanley, Logan Richard; Outstanding Scholar; commend...................................................................................................... 419 SR 316-- Albrycht, Leslie; Outstanding Scholar; commend ...................................... 420 SR 317-- Hardin, Kristy Ann; Outstanding Scholar; commend ................................. 420 SR 318-- Garnto, Kelsi S.; Outstanding Scholar; commend....................................... 420 SR 319-- Holloman, LaNette; recognize ............................................................. 415, 420 SR 320-- Vendeville, Jean-Yves; recognize ....................................................... 416, 420 SR 321-- Kalyta, Kelsey A.; Outstanding Scholar; commend .................................... 420 SR 322-- Allan, Juliet Elizabeth; Outstanding Scholar; commend ............................. 421 SR 323-- Ingram, Rena E.; Outstanding Scholar; commend ...................................... 421 SR 324-- Martin, Matthew J.; Outstanding Scholar; commend .................................. 421 SR 325-- Vindas-Carter, Rebecca; Outstanding Scholar; commend...................................................................................................... 421 SR 326-- Rooks, Sarah A.; Outstanding Scholar; commend ...................................... 421 SR 327-- Clergy Day; recognize February 25..................................................... 421, 818 SR 328-- Maynard, Rita B.; condolences.................................................................... 422 SR 329-- Everhart, Chairman Sue P.; recognize ......................................................... 422 SR 330-- Georgia Civil War Commission; commend ................................................ 422 SR 331-- Federal, State, and Local Government Agencies; urged not to contract with persons/businesses engaged in investment activities in Iran .................................................... 408, 1608, 1661, 2964, 2967 SR 332-- Lee, Rebecca "Becky"; commend ............................................................... 422 SR 333-- Brannen, Dianne; commend ........................................................................ 422 SR 334-- GHP Legislative Appreciation Day; recognize March 1 ............................. 422 SR 335-- Children's Day; recognize February 26 ............................................... 422, 867 SR 336-- Powell, Ms. Fay Bellamy; condolences....................................................... 423 SR 337-- Heartfield, Sandra; condolences .................................................................. 423 4048 INDEX SR 338-- Family and Consumer Sciences Day; recognize February 26 .................................................................................................. 423 SR 339-- McCorkle, Sara; congratulate ...................................................................... 423 SR 340-- Independent Physician Practices in Georgia; create senate study committee ........................................................... 811, 1547, 1609, 2964 SR 341-- Lee, Mr. Oliver; condolences ...................................................................... 816 SR 342-- Zero Waste Georgia Campaign; recognize.................................................. 811 SR 343-- Georgia Airports Association; commend .................................................... 816 SR 344-- Roy, Roberto; recognize .................................................................... 816, 1662 SR 345-- Senate Select Alternative Funding for Medicaid and Other Health Care Federal Funding Committee; create ......... 811, 1547, 1609, 2964, 2968 SR 346-- Georgia Power Linemen, International Brotherhood of Electrical Workers Local 84, Georgia AFL-CIO members; recognize ............................................................................. 817, 922 SR 347-- Bankhead, Mr. John G.R.; recognize................................................... 817, 989 SR 348-- Georgia Program Integrity Joint Study Committee; create .................................................................................. 812, 888, 921, 1350 SR 349-- Wu, Alex; STAR Student; commend .......................................................... 817 SR 350-- Niu, Catherine; STAR Student; commend .................................................. 817 SR 351-- Zhang, Lucy; STAR Student; commend ..................................................... 817 SR 352-- Nguyen, Tiffany; STAR Student; commend ............................................... 817 SR 353-- Olson, Charly Jo; STAR Student; commend ............................................... 817 SR 354-- Bao, Wendi; STAR Student; commend....................................................... 817 SR 355-- Lo, Krystal; STAR Student; commend........................................................ 818 SR 356-- Kelly, Emily; STAR Student; commend ..................................................... 818 SR 357-- Cohn, Brian; STAR Student; commend ...................................................... 818 SR 358-- Tarbell, Michael; STAR Student; commend ............................................... 818 SR 359-- Mowery, Cullen; STAR Student; commend................................................ 818 SR 360-- Bulloch Fertilizer Company; congratulate................................................... 863 SR 361-- Conditioned Air Association of Georgia Day; recognize March 7 ........................................................................................................ 864 SR 362-- Brannen, Fire Chief Bobby; Glennville Volunteer Fire Department; recognize ................................................................................. 864 SR 363-- Clayton County Chamber of Commerce Day; recognize February 26 .......................................................................................... 864, 865 SR 364-- Gordon Lee Memorial High School Lady Trojan Softball Team; congratulate................................................................. 864, 922 SR 365-- Parden, Blake; recognize ............................................................................. 864 SR 366-- Garcia, Ana Paula; recognize ...................................................................... 864 INDEX 4049 SR 367-- Carrington, Mikayla; recognize ................................................................... 864 SR 368-- Chadwick, Hunter; recognize ...................................................................... 864 SR 369-- Pace, Zoe; recognize .................................................................................... 865 SR 370-- Valle, Anna; recognize ................................................................................ 865 SR 371-- U.S. Congress; making renewed application to call for a convention for the purpose of proposing an amendment to U.S. Constitution ................................................................ 858, 1029, 1088, 1350, 1351 SR 372-- Dozier, Dr. Cheryl Davenport; congratulate................................................ 865 SR 373-- YMCA of Georgia's Center for Civic Engagement; recognize .............................................................................................. 865, 989 SR 374-- Frady, Mrs. Carolyn; STAR Teacher; commend......................................... 890 SR 375-- Zhuno, Annabelle Elizabeth; commend ...................................................... 890 SR 376-- Cowne, Dallas; STAR Teacher; commend.................................................. 890 SR 377-- Felt, Caitlin; STAR Student; commend....................................................... 891 SR 378-- General Assembly; provide by law; dedication of revenues collected; sale of fireworks; funding of trauma care/firefighter services in state of Georgia-CA ....................... 884, 954, 1031, 1090, 1096 SR 379-- Judge William Jeffrey Lowe Memorial Intersection; Lumpkin County; dedicate .......................................................................... 884 SR 380-- St. Patrick Day Parade Committee; recognize................................... 891, 1032 SR 381-- Georgia Council of Deliberation; recognize........................................ 886, 891 SR 382-- Dalton High School Boys Swimming and Diving Team; congratulate........................................................................................ 891, 1089 SR 383-- Sergeant John A. Franklin Memorial Intersection; Catoosa County; dedicate ............................................................................ 884 SR 384-- Gordon Lee High School Wrestling Team; recognize ...................... 891, 1032 SR 385-- Underwood, J. Ethan; recognize .................................................................. 891 SR 386-- McJunkins, Treniece; recognize .................................................................. 891 SR 387-- Heimlich, Brittany; recognize...................................................................... 892 SR 388-- Barnes, Tracy; recognize ............................................................................. 892 SR 389-- Freeman, Tamika; recognize ....................................................................... 892 SR 390-- Melzar, Wendye; recognize ......................................................................... 892 SR 391-- Ogburn, Robert; recognize........................................................................... 892 SR 392-- Marley, Stephanie; recognize ...................................................................... 892 SR 393-- Wink, Carol; recognize ................................................................................ 892 SR 394-- Wilson, Marilyn; recognize ......................................................................... 893 SR 395-- Vaughan, Donna; recognize......................................................................... 893 SR 396-- Watson, Candice; recognize ........................................................................ 893 4050 INDEX SR 397-- Sall, Doran Yvette; recognize ...................................................................... 893 SR 398-- Turner, Candace; recognize ......................................................................... 893 SR 399-- Peters, Sironda; recognize ........................................................................... 893 SR 400-- Patel, Amanda; recognize ............................................................................ 893 SR 401-- Lane, Ellen; recognize ................................................................................. 894 SR 402-- Elder, Susan; recognize................................................................................ 894 SR 403-- Bethlehem Lutheran Curch; congratulate .................................................... 894 SR 404-- Wade, Willie Mae; recognize ...................................................................... 894 SR 405-- Jones, Mary; recognize ................................................................................ 894 SR 406-- Czaykowsky, Mr. Chase; congratulate ........................................................ 923 SR 407-- Mosley, Reverend Toney; recognize ........................................................... 923 SR 408-- Bohlke, M.D., W. Scott; recognize.................................................... 923, 2763 SR 409-- International Association of Machinists and Aerospace Workers; congratulate.................................................................................. 923 SR 410-- U.S. President and Congress; prohibit corporations from making unlimited independent expenditures supporting/opposing candidates for public office........................................ 913 SR 411-- Loganville Middle School Lady Red Devils Basketball Team; congratulate ...................................................................................... 923 SR 412-- Sale Tax Limitations; prohibit any additional sales taxes; prohibit raising the rate of sales taxes currently in effect-CA ..................................................................................................... 913 SR 413-- Advance Directive for Health Care; urge adult citizens; appoint health care agent; treatment preferences......................................... 923 SR 414-- Godfrey, Mr. Buck; recognize ..................................................................... 924 SR 415-- Taxes; increase in state income tax rate prohibited-CA .............................. 913 SR 416-- General Assembly; provide by law for additional fees; Safe Habor for Sexually Exploited Children Fund...................................... 913 SR 417-- Georgia Southern University ROTC Program's 2013 Ranger Challenge Team; commend................................................... 989, 1094 SR 418-- F.J. Torras Causeway; Glynn County; dedicate .......................................... 947 SR 419-- Chipper Jones Day; recognize March 5............................................. 989, 1108 SR 420-- Paramount Right to Life; state shall recognize human beings as persons at any state of development-CA ..................................... 947 SR 421-- Georgia based American Association of Adapted Sports Programs; commend .......................................................................... 990, 1094 SR 422-- The Church of The Apostles; recognize ...................................................... 990 SR 423-- Georgia's Congressional Delegation, Congress, and President Obama; request immediately resolve the national debt crisis .................................................................. 947, 1659, 1661, 2964, 2965, 2984 INDEX 4051 SR 424-- Agel, Sr., John Frederick; commend ......................................................... 1032 SR 425-- Rainey, Dr. Archie; recognize ......................................................... 1032, 1611 SR 426-- Ross, Deputy Jason Michael; recognize .......................................... 1032, 1611 SR 427-- Brewpubs and Alcoholic Beverage Tastings; create Senate Study Committee....................................................... 1022, 1608, 1661, 2965 SR 428-- Georgia Food Bank Association Day; recognize March 5 ...................................................................................................... 1032 SR 429-- Civil Air Patrol Day; recognize March 13....................................... 1033, 1521 SR 430-- Farm to School 5 Million Meals Campaign; recognize............................. 1089 SR 431-- Junior Leagues of Georgia State Public Affairs Committee; recognize ................................................................................ 1089 SR 432-- Nwosu, Emmanuel; condolences............................................................... 1089 SR 433-- Colson, Mr. Larry; condolences ................................................................ 1089 SR 434-- March of Dimes Day; recognize March 13 ............................................... 1089 SR 435-- Lane, Mr. Jane; recognize.......................................................................... 1090 SR 436-- Wells, Jr., Mr. and Mrs. Leo and Mary Nell; congratulate................................................................................................ 1090 SR 437-- Dahlonega Woman's Club; recognize........................................................ 1352 SR 438-- Taxpayer Protection Amendment of 2011; tax and expenditure limitations-CA ....................................................................... 1339 SR 439-- Callahan, Police Officer Sean; Deputy Sheriff Brian Lamar Mahaffey; honoring ........................................................................ 1352 SR 440-- Kids' Chance of Georgia; commend .......................................................... 1352 SR 441-- "Jacob Moore Day"; recognize March 10 ................................................. 1352 SR 442-- Towns County High School Girls Cross Country Team; commend.................................................................................................... 1352 SR 443-- Holder, Mr. Warren; commend ................................................................. 1352 SR 444-- United Automobile, Aerospace and Agricultural Implement Workers of America Region 8; recognize............................... 1339 SR 445-- Alpha Kappa Alpha Sorority, Kappa Omega Chapter; recognize .................................................................................................... 1352 SR 446-- Garner, Ms. Becki; recognize .................................................................... 1353 SR 447-- Cosey, Ms. Sarah; commend ..................................................................... 1353 SR 448-- Georgia Downtown Renaissance Day; recognize March 12 .................................................................................................... 1353 SR 449-- Gary, Mrs. Dawn; commend ..................................................................... 1353 SR 450-- Gibson, Brendan Jackson; recognize ......................................................... 1353 SR 451-- Doster, Johnathon Gabriel; recognize........................................................ 1353 SR 452-- Multi-Agency Alliance for Children Day; recognize March 19 .................................................................................................... 1475 4052 INDEX SR 453-- Genocide Prevention and Awareness Month; recognize April 2013 .................................................................................................. 1475 SR 454-- Zero Waste Georgia Campaign; recognize................................................ 1475 SR 455-- Clayton County Black Ministers Fellowship; recognize ................. 1475, 1662 SR 456-- Peoples, Dottie; recognize ......................................................................... 1475 SR 457-- Hawkins, Lady Tramaine; recognize ......................................................... 1476 SR 458-- Coley, Reverend Donavon O.; honoring ................................................... 1476 SR 459-- Sheffield, Lamont; recognize..................................................................... 1476 SR 460-- Sappington, Jennifer; recognize................................................................. 1476 SR 461-- Sumbry, Josiah; recognize ......................................................................... 1476 SR 462-- Williams, Annette; recognize .................................................................... 1476 SR 463-- Allen, Sonya; recognize ............................................................................. 1476 SR 464-- Howell, Brenda; recognize ........................................................................ 1477 SR 465-- DuBois, Rachael; recognize....................................................................... 1477 SR 466-- Reynolds, Rosie; recognize ....................................................................... 1477 SR 467-- Snead, Lela; recognize ............................................................................... 1477 SR 468-- Wilson, Rachel; recognize ......................................................................... 1477 SR 469-- Williams, Hanna; recognize....................................................................... 1477 SR 470-- Hurley, Amber; recognize.......................................................................... 1477 SR 471-- Tucker, Blair; recognize ............................................................................ 1478 SR 472-- Barker, Lindsey; recognize ........................................................................ 1478 SR 473-- Bray, Jennifer; recognize ........................................................................... 1478 SR 474-- Bryant, Gabrielle; recognize ...................................................................... 1478 SR 475-- Marvets, Teresea; recognize ...................................................................... 1478 SR 476-- Hale, Brian; recognize ............................................................................... 1478 SR 477-- Hudmon, Piper; recognize ......................................................................... 1478 SR 478-- Perez, Rodolfo; recognize.......................................................................... 1479 SR 479-- Foust, Benjamin; recognize ....................................................................... 1479 SR 480-- Jones, Jeffery; recognize............................................................................ 1479 SR 481-- Burkhalter, Candace; recognize ................................................................. 1479 SR 482-- Langford, Jennifer; recognize .................................................................... 1479 SR 483-- Price, Theresa; recognize ........................................................................... 1479 SR 484-- Caldwell, Vanessa; recognize .................................................................... 1479 SR 485-- Walls, Maris; recognize ............................................................................. 1480 SR 486-- Grigsby, Christy; recognize ....................................................................... 1480 SR 487-- Meadows, Sherrie; recognize..................................................................... 1480 SR 488-- Willis, Nancy; recognize............................................................................ 1480 SR 489-- Anderson, Natasha; recognize ................................................................... 1480 SR 490-- Robertson, Deborah; recognize ................................................................. 1480 INDEX 4053 SR 491-- Allen, Ronda; recognize ............................................................................ 1480 SR 492-- Brooks, James; recognize .......................................................................... 1481 SR 493-- Kemp, Kathryn Stein; recognize................................................................ 1481 SR 494-- Lester, Kim; recognize............................................................................... 1481 SR 495-- Goff, Nicholas; recognize .......................................................................... 1481 SR 496-- Griffis, Amy; recognize ............................................................................. 1481 SR 497-- Kannady, Lynda; recognize ....................................................................... 1481 SR 498-- Cole, Les; recognize .................................................................................. 1481 SR 499-- Senate Free Hunting and Fishing Licenses for Veterans Study Committee; create....................................................... 1461, 1608, 1661, 2965 SR 500-- Kennard, Nicole; recognize ....................................................................... 1481 SR 501-- Jones, Sr., Mr. Johnnie Paul; condolences................................................. 1482 SR 502-- Southern Alliance for Clean Energy..................................... 1461, 2057, 2058, 2965 SR 503-- Butikofer, Colonel Mitchel H.; recognize ................................................. 1482 SR 504-- World Plumbing Day; recognize March 11............................................... 1482 SR 505-- Assistance League of Atlanta; recognize......................................... 1482, 1553 SR 506-- Environmental Protection Agency; request to take action; removal/proper disposal; Caustic Brine Pool at Linden Chemical and Paint site in Glynn County, Georgia....................................................................................................... 1462 SR 507-- Naval Submarine Base Kings Bay; recognize ........................................... 1482 SR 508-- Considine, Sr., Mr. John "Jack" Murray; condolences.............................. 1482 SR 509-- Kennesaw State University; recognize ...................................................... 1501 SR 510-- Senate Automobile Insurance Verification and Enforcement Study Committee; create .................................. 1497, 1608, 1661 SR 511-- Bartlett, Marcus; recognize.............................................................. 1501, 1556 SR 512-- "Habitat for Humanity Day"; recognize March 20.......................... 1501, 1611 SR 513-- Heritage High School Junior Varsity Dance Team; recognize .................................................................................................... 1501 SR 514-- Heritage High School Five Star Dance Team; recognize .......................... 1501 SR 515-- Boylan, CAP, Colonel Tonya R.; honoring ............................................... 1502 SR 516-- Hanks, J. Daniel; recognize ....................................................................... 1502 SR 517-- Jackson, Chase Henrick; recognize ........................................................... 1502 SR 518-- Hall, Kalie; recognize ................................................................................ 1502 SR 519-- Garner, Ms. Katie; commend..................................................................... 1502 SR 520-- Kitchens, Ms. Michelle; commend ............................................................ 1502 SR 521-- Thomas, Ms. Melinda; commend .............................................................. 1502 SR 522-- McCall, Mr. John David; condolences ...................................................... 1502 4054 INDEX SR 523-- International Olympic and U.S. Olympic Committee; request support toward the reinstatement of wrestling in the Olympic Games ................................................................................... 1521 SR 524-- Long, Richard A.; condolences ................................................................. 1521 SR 525-- Appling Christian Academy Lady Eagles Basketball Team; congratulate .................................................................................... 1521 SR 526-- Appling County Christian Academy Football Team; recognize .................................................................................................... 1521 SR 527-- Georgia Links Day; recognize March 26................................................... 1521 SR 528-- General Assembly; provide for the proceeds of one/more lottery games to benefit military veterans-CA .......................... 1517 SR 529-- "Georgia Pre-K Week"; recognize first week of October ......................... 1522 SR 530-- Davis, Mrs. Beulah; honoring.................................................................... 1522 SR 531-- Transportation, Georgia Dept. of; maximize use of funding mechanisms aimed at reducing diesel emissions .... 1539, 2057, 2058, 2965 SR 532-- Fort Oglethorpe Recreation Association Lakeview Warriors Baseball Team; congratulate ............................................ 1549, 1611 SR 533-- Battle of Chickamauga; recognize on September 18-20 ........................... 1549 SR 534-- Cook, Mr. Terrell Buford; condolences..................................................... 1549 SR 535-- Kimball, Ms. Jennifer; commend .............................................................. 1549 SR 536-- Hendley, Ms. Wendye; commend ............................................................. 1549 SR 537-- Nemecek, Ms. Rebecca; commend............................................................ 1549 SR 538-- Williams, Ms. Brooke; commend .............................................................. 1549 SR 539-- Layfield, Mr. Thomas; commend .............................................................. 1550 SR 540-- Brown, Ms. Taylor; commend ................................................................... 1550 SR 541-- Roberts, Ms. Bonnie; commend ................................................................ 1550 SR 542-- Roberts, Ms. Lynn; commend ................................................................... 1550 SR 543-- Stephenson, Mr. Matt; commend............................................................... 1550 SR 544-- Freeman, Mr. Sanford; commend .............................................................. 1550 SR 545-- Hill, Ms. Diane; commend......................................................................... 1550 SR 546-- Change 4 Georgia and Remington Youngblood; recognize .......................................................................................... 1550, 1611 SR 547-- Eagle's Landing High School Boys Basketball Team; recognize .................................................................................................... 1633 SR 548-- Pollack, Joel; recognize ............................................................................. 1633 SR 549-- Youth Villages Georgia Day; recognize March 14 ................................... 1633 SR 550-- Johnson, Mr. Randale; condolences .......................................................... 1633 SR 551-- Weaver, Mr. Luke Penn; recognize ........................................................... 1633 SR 552-- Reddy, Mr. Shyam K.; recognize .............................................................. 1633 INDEX 4055 SR 553-- Bynum, Mrs. Edith; condolences............................................................... 1633 SR 554-- Fulton County School System; recognize.................................................. 1633 SR 555-- Keep Georgia Beautiful Foundation; recognize ........................................ 1634 SR 556-- Trion High School Competition Cheerleading Team; congratulate...................................................................................... 1611, 1634 SR 557-- Gordon Lee High School Lady Trojans Basketball Team; congratulate .......................................................................... 1634, 1662 SR 558-- Terry, Dr. Carol; congratulate ......................................................... 1634, 1662 SR 559-- National Nursing Home Week; recognize May 12-18 .............................. 1634 SR 560-- Georgia Surgeons' Day; recognize March 21 ............................................ 1634 SR 561-- Outspoken Therapy Services, Inc.; recognize ........................................... 1634 SR 562-- White County High School WTVN Warrior TV Broadcast Team; congratulate ......................................................... 1635, 2059 SR 563-- African Leadership Magazine, Dr. Ken Giami; recognize .................................................................................................... 1635 SR 564-- Williams, Lillie Mae Barnett; recognize ................................................... 1635 SR 565-- Miller Grove High School Varsity Boys Basketball Team; congratulate .......................................................................... 1635, 2629 SR 566-- Gainesville High School Girls Golf Team; commend............................... 1635 SR 567-- Gainesville High School Golf Team; congratulate.................................... 1635 SR 568-- Gainesville High School Red Elephants Football Team; congratulate................................................................................................ 1635 SR 569-- 2013 Senate Aides; commend ................................................................... 1635 SR 570-- 2013 Senate Interns; commend.................................................................. 1636 SR 571-- Agnelo dos Santos Queiroz Filho; recognize ............................................ 1636 SR 572-- Ferreira, Bishop Manoel; congratulate ...................................................... 1636 SR 573-- Morrison, Mr. Billy Douglas "Cotton"; condolences ................................ 1636 SR 574-- Marshall, William P. "Bill"; condolences.................................................. 1636 SR 575-- Brock, Sr., Harold Edward; condolences................................................... 1636 SR 576-- Association of Private Sector Colleges and Universities; recognize .................................................................................................... 1636 SR 577-- QT Kitchens and the QuikTrip Corporation; recognize ............................ 1636 SR 578-- Rumford, Dr. Steve L.; recognize.............................................................. 1637 SR 579-- Pleasant Eugene Holt Memorial Highway; Paulding/Carroll County; dedicate ............................................................ 1600 SR 580-- Building Owners and Managers Association of Georgia; recognize ..................................................................................... 1637 SR 581-- Rotary Club of Atlanta; commend............................................................. 1637 SR 582-- Ragin, Tyler; Boys & Girls Clubs of Georgia's 2013 Youth of the Year; recognize..................................................................... 1662 4056 INDEX SR 583-- Ramer, Stephanie; Boys & Girls Clubs of Georgia's 2013 Military Youth of the Year; recognize.............................................. 1663 SR 584-- Bigalke, Pastor Ron J.; recognize .............................................................. 1663 SR 585-- Smith III, Reverend W. Ches; condolences............................................... 1663 SR 586-- Kingdom Christian Academy and Preparatory School Basketball Team; recognize....................................................................... 1663 SR 587-- Jackson, Billy and Saundra; congratulate .................................................. 1663 SR 588-- Wilkinson High School Boys Basketball Team; recognize .................................................................................................... 1640 SR 589-- Taylor, Mrs. Ida Ruth Holder; recognize................................................... 1663 SR 590-- 165th Airlift Wing of the Georgia Air National Guard; recognize .................................................................................................... 1663 SR 591-- 2013 Secretary of the Senate Aides; commend ......................................... 1664 SR 592-- Chance, Isabella Lola; celebrate birth ....................................................... 1664 SR 593-- Stephens, Barbara McDaris; recognize...................................................... 1664 SR 594-- Taxpayer Protection Amendment of 2011; provide for limitations on state government taxation/expenditures ......... 1653, 2627, 2628 SR 595-- Community Affairs, Department of; urged to adopt critically needed changes; HomeSafe Georgia program ........................... 1654 SR 596-- Mata, Giwayen; recognize ......................................................................... 1664 SR 597-- Georgia Program Integrity Senate Study Committee; create ..................................................................................... 1654, 2627, 2628, 2965 SR 598-- Senate Public-Private Partnership Study Committee; create ..................................................................................... 1654, 2627, 2628, 2965 SR 599-- Atlanta Falcons Football Team; recognize ...................................... 1664, 2058 SR 600-- North Hall High School Trojans Varsity Boys Basketball Team; congratulate .................................................................. 2060 SR 601-- Frost, Randall; recognize ........................................................................... 2060 SR 602-- Maddox, Elton; recognize.......................................................................... 2060 SR 603-- Bagwell, Mr. Tommy; congratulate........................................................... 2060 SR 604-- Swoszowski, Mr. Bob; congratulate .......................................................... 2060 SR 605-- Coyle, Mary Lynn; recognize .................................................................... 2060 SR 606-- Cooley, Mr. Jan; congratulate.................................................................... 2060 SR 607-- Highsmith, Mrs. Lee D.; recognize ........................................................... 2060 SR 608-- Vandiver, Mr. Russell; recognize .............................................................. 2061 SR 609-- Johnson High School Boys Basketball Team; congratulate................................................................................................ 2061 SR 610-- Clayton State University Women's Basketball Team; commend.................................................................................................... 2061 INDEX 4057 SR 611-- Jonson, Payton; congratulate ..................................................................... 2061 SR 612-- Cosper, Captain James Paul; recognize ..................................................... 2061 SR 613-- Georgia Department of Transportation; urge to extend State Route 341 north to Georgia/Tennessee; include McFarland Ave. in Rossville, Georgia ...................................................... 2051 SR 614-- White, Miss Linda; recognize .................................................................... 2061 SR 615-- Welcome Home Vietnam Veterans; encourage parades and similar events ...................................................................................... 2061 SR 616-- Georgia Military Veterans Hall of Fame; commend ....................... 2059, 2062 SR 617-- Georgia School Counselors Association; implementation of comprehensive school counseling programs for Georgia students................................................................... 2062 SR 618-- Senate Study Committee on Public Transportation in the Metropolitan Atlanta Region; create............................... 2051, 2762, 2763, 2965 SR 619-- Cobb EMC Board of Directors, Management, and Employees; commend................................................................................ 2062 SR 620-- Ellis, Simon Thomas "Tom"; condolences ................................................ 2062 SR 621-- Chick-fil-A Foundation; recognize............................................................ 2062 SR 622-- Welty, Dr. John D.; recognize ................................................................... 2062 SR 623-- Senate Select Study Committee on Erin's Law; create......... 2051, 2762, 2763, 2965 SR 624-- Brooks, Ms. Andrea P.F.; condolences...................................................... 2062 SR 625-- Social Security, Medicare, and Medicaid; support .................................... 2052 SR 626-- Atlanta Falcons Football Team; recognize ................................................ 2062 SR 627-- Rose, Tyler; recognize ............................................................................... 2629 SR 628-- Boy Scouts of America; commend ............................................................ 2629 SR 629-- U.S. Congress; encouraged to develop/implement a practical plan; international borders ..................................... 2620, 2762, 2763, 2965, 2966, 2985 SR 630-- TeleHealth Day; recognize March 1 .......................................................... 2629 SR 631-- Lindsey, Mr. Jon; commend ...................................................................... 2629 SR 632-- Coffee, Mr. Hugh L.; recognize................................................................. 2630 SR 633-- Kundell, Dr. James E. "Jim"; recognize .................................................... 2630 SR 634-- Wilson, Thomas A.; recognize .................................................................. 2630 SR 635-- United Automobile, Aerospace, and Agricultural Implement Workers of America Region 8; recognize............................... 2630 SR 636-- Nagle, Charles R.; recognize ..................................................................... 2763 SR 637-- Fussell, Mr. Willie James; congratulate .................................................... 2763 SR 638-- Payne, Ms. Rhonda; condolences .............................................................. 2763 SR 639-- District 35 Legislative Day; recognize March 26...................................... 2763 4058 INDEX SR 640-- Williams II, Bishop Preston Warren; recognize ........................................ 2764 SR 641-- Nix, Mr. Jerry; recognize ........................................................................... 2764 SR 642-- Senate Human Embryonic Research Study Committee; create .......................................................................................................... 2762 SR 643-- Magnus, Doug; recognize .......................................................................... 2764 SR 644-- Dunn, David; recognize ............................................................................. 2764 SR 645-- Sister2Sister Weekend; recognize May 10-12........................................... 2764 SR 646-- Henderson, Ms. Carol; recognize .............................................................. 2764 SR 647-- Wardlaw, Mrs. Evelyn; honoring .............................................................. 2764 SR 648-- Sikh Community; recognize ...................................................................... 2765 SR 649-- Newroth, Bennie Butler; commend ........................................................... 2765 SR 650-- Ewing, Mr. Robert F.; recognize ............................................................... 2063 SR 651-- Foley, Mr. Jeffrey W.; recognize............................................................... 2064 SR 652-- Foster, Jr., Charles; condolences ............................................................... 2765 SR 653-- Kuhles, Mr. Clayton; recognize ................................................................. 2765 SR 654-- Oxford, First Lieutenant Robert Eugene; condolences ............................. 2765 SR 655-- Advance Directive for Health Care; urge adult citizens to strongly consider preparing; appoint health care agent ........................................................................................................... 2765 SR 656-- Corrigan, Lillian Kamack; condolences .................................................... 2765 SR 657-- United Against Childhood Obesity Day; recognize March 27 .................................................................................................... 2765 SR 658-- Ladd, Donna Peeples; recognize................................................................ 2766 SR 659-- Patterson, William Alan; commend........................................................... 2766 SR 660-- Roper, Spencer Lane; commend ................................................................ 2766 SR 661-- Williams, Michael; recognize .................................................................... 2766 SR 662-- Hansen, Christina; commend ..................................................................... 2766 SR 663-- Pope, Alexis; commend ............................................................................. 2766 SR 664-- Wingo, Mr. Greg; recognize ...................................................................... 2766 SR 665-- Armour, Lance; commend ......................................................................... 2766 SR 666-- Gudger, Mrs. Tammy; recognize ............................................................... 2766 SR 667-- Morgan, William Patrick; commend ......................................................... 2767 SR 668-- Major, John; recognize .............................................................................. 2767 SR 669-- Garrett, Mrs. Sabrina; recognize................................................................ 2960 SR 670-- Canoochee EMC; congratulate .................................................................. 2960 SR 671-- Sterling, Jeffrey Ferris; commend ............................................................. 2960 SR 672-- Brock, Don; recognize ............................................................................... 2960 SR 673-- Keener, Dustin; recognize ......................................................................... 2960 SR 674-- Romano, Nicholas Herrington; commend ................................................. 2961 INDEX 4059 SR 675-- Chatham, Mr. Bretton; recognize .............................................................. 2961 SR 676-- Grimes, Deborah "Debbie" G.; recognize ................................................. 2961 SR 677-- Shaw, Mollie Anna; commend .................................................................. 2961 SR 678-- Crow, Thomas Alexander; recognize ........................................................ 2961 SR 679-- Phillips, Mr. Ronnie; recognize ................................................................. 2961 SR 680-- Gresh, Ms. Kim; recognize ........................................................................ 2961 SR 681-- Miller Grove High School Varsity Boys Basketball Team; congratulate .................................................................................... 2961 SR 682-- Newton County College and Career Academy; recognize .................................................................................................... 2962 SR 683-- Flanigan, Captain Calvin "Cal"; congratulate ........................................... 2962 SR 684-- Chamblee Charter High School/ Chamblee Middle School; recognize....................................................................................... 2962 SR 685-- Peppers, Sr., Judge Charles D. "Donny"; recognize.................................. 2962 SR 686-- Hawkins, Ms. Verenice; recognize ............................................................ 2962 SR 687-- Jackson, Alice; recognize .......................................................................... 2962 SR 688-- Ebenezer African Methodist Episcopal Church; congratulate................................................................................................ 2962 SR 689-- Rees, Ms. Salli; recognize ......................................................................... 2962 SR 690-- Connell, Dr. Don R.; recognize ................................................................. 2963 SR 691-- General Assembly; provide dedication of revenue from the regulation of athletic/entertainment events used for certain purposes ......................................................................................... 2957 SR 692-- Public Initiative Referendums; provide for procedures, number of signatures required, verification methods ................................ 2958 SR 693-- City of Fort Oglethorpe Charter Study Committee; create .......................................................................................................... 2958 SR 694-- Cooper, Mr. Stan; recognize ...................................................................... 2963 SR 695-- Gideon v. Wainwright; recognize.............................................................. 2963 SR 696-- Aponte, Haley Elise; commend ................................................................. 2963 SR 697-- Butler, Gary; recognize.............................................................................. 2963 SR 698-- Ridderhoff, Betty Irene; condolences ........................................................ 2963 SR 699-- Board of Regents of the University System of Georgia; commend.................................................................................................... 2963 SR 700-- East Georgia State College Mens Basketball Team; recognize .................................................................................................... 2963 SR 701-- Cerpovicz, Dr. Paul; congratulate.............................................................. 2964 SR 702-- Powell, Jr., Dr. Hudson; recognize ............................................................ 2964 SR 703-- Capitol Arts Standards Commission; urged to arrange for placement of an agricultural history museum area; state capitol ................................................................................................ 3009 4060 INDEX SR 704-- McCall, Mr. John David; condolences ...................................................... 3009 SR 705-- Akridge, Ms. Morgan; commend............................................................... 3009 SR 706-- Allgood, Mr. Luc; commend ..................................................................... 3009 SR 707-- Baxter, Ms. Alexandra; commend ............................................................. 3009 SR 708-- Black, Mr. Jordan; commend..................................................................... 3009 SR 709-- Hitchon, Ms. Abigail; commend ............................................................... 3010 SR 710-- Knickerbocker, Ms. Kathryn; commend ................................................... 3010 SR 711-- Ivester, Mr. Nathan; commend .................................................................. 3010 SR 712-- Shedd, Ms. Janice; commend .................................................................... 3010 SR 713-- Smith, Ms. Ondi; commend ....................................................................... 3010 SR 714-- Stroud, Mr. Patrick; commend................................................................... 3010 SR 715-- Antepenko, Mr. Christopher; commend .................................................... 3010 SR 716-- Cosgrove, Ms. Brianna; commend ............................................................ 3010 SR 717-- Zhuno, Ms. Annabelle; commend ............................................................. 3010 SR 718-- Williams, Mr. Brett; commend .................................................................. 3010 SR 719-- Jameson, Mr. Kyler; commend.................................................................. 3010 SR 720-- Lord, Mr. Austin; commend ...................................................................... 3011 SR 721-- Loudermilk, Ms. Mary; commend............................................................. 3011 SR 722-- Merritt, Mr. Tyrin; commend .................................................................... 3011 SR 723-- Taylor, Ms. Bailey; commend ................................................................... 3011 SR 724-- Masten, Mr. Caleb; commend ................................................................... 3011 SR 725-- Pate, Mrs. Nan; recognize.......................................................................... 3011 SR 726-- Pate, Mr. Sam; recognize ........................................................................... 3011 SR 727-- Stahl, Mrs. Ann; recognize ........................................................................ 3011 SR 728-- Wallman, Ms. Linda; recognize................................................................. 3011 SR 729-- Harrison, Delaney; recognize .................................................................... 3011 SR 730-- Chappelle, Mr. John "Butch"; recognize ................................................... 3012 SR 731-- Gordon Lee Pep Squad; recognize ............................................................ 3073 INDEX PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS 4061 HB 3-- Evidence; professional forestry; Department of Public Health; AIDS; provisions.......................................................... 207, 214, 1499, 1519 HB 5-- Forest Park, City of; councilmember votes for calling special meeting; change number.......................................... 158, 159, 200, 203 HB 21-- Adoption; postadoption contact agreements; provide .......... 1017, 1022, 1546, 1609, 2795, 2955, 3013, 3071 HB 34-- Income tax credit; clean energy property; include certain commercial geothermal heat pumps ......................... 1068, 1078, 2056, 2058, 2788, 2791, 2850, 2851 HB 36-- Game and fish; definition of "game fish"; revise ................. 1068, 1078, 1519, 1548, 2645, 2647 HB 45-- Public property; writing off small amounts due to the state; change certain provisions ............................................ 1068, 1078, 1658, 1661, 2645, 2648 HB 50-- Nurses; mandatory reporting; require .................................................. 249, 253 HB 55-- Wiretapping; interception of wire or oral transmissions by law enforcement; change provisions ..................................... 141, 143, 166, 186, 234, 235 HB 57-- Controlled substances; definition of Schedule I; expand ........... 141, 144, 243, 258, 822 HB 59-- Alarm monitoring services; licensed persons and companies to utilize alarm verification; require ....................... 226, 229, 1029, 1088, 2792, 2852 HB 60-- Firearms; certain laws regarding carrying and possession by retired judges; provide exemption ..................... 249, 254, 1659, 1661 HB 63-- Greene County; Board of Commissioners; change description of districts.......................................................... 122, 126, 166, 170 HB 64-- Greene County; certain officials; participate in county health insurance program; clarify qualifications ................. 122, 127, 166, 171 HB 65-- Greene County; Board of Education; change description of districts ............................................................................ 123, 127, 166, 171 HB 68-- Physicians; continuing education requirements licensed to practice orthotics or prosthetics; revise provisions .............. 296, 300, 1545, 1609, 1699, 1742 4062 INDEX HB 70-- Special needs students; waiver of one of the scholarship requirements under certain conditions; provide ....................... 852, 858, 2056, 2058, 2792, 2883, 3007 HB 71-- Georgia Municipal Employees Benefit System; total percentage of investments permissible in real estate investments; increase ............................................................ 1017, 1022, 1546, 1609, 2792, 2887 HB 72-- Newnan, City of; change description of election districts ................................................................................. 123, 127, 200, 204 HB 78-- Crimes and offenses; disabled adults and elder persons; expand protection; change provisions .................................. 1377, 1462, 1659, 1661, 2792, 2890, 3053 HB 79-- Official Code of Georgia; revise, modernize and correct errors or omissions.................................................................... 226, 230, 1499, 1519, 2792, 2908 HB 80-- Ad valorem tax; state and local title fees; revise provisions............................................................................................. 266, 267 HB 83-- Mortgage broker licensing requirements; licensed real estate brokers and salespersons assisting in a short sale real estate transaction; exempt .................................................. 809, 812, 1546, 1609, 2645, 2649 HB 86-- Putnam County State Court; judge and solicitorgeneral; change compensation .................................................. 142, 144, 1030, 1033 HB 87-- Elections; use of boundaries of a restricted access residential community as boundaries of a precinct; authorize.................................................................................... 268, 272, 2056, 2058, 2790, 2792, 2912, 3054, 3825 HB 94-- Damages; reduction of earnings to present value; change provisions ................................................................. 1068, 1078, 1546, 1609, 1699, 1743 HB 99-- Malt beverages; amount produced by a person in his or her private residence; change................................................ 1018, 1023, 1499, 1519, 2788, 2792, 2923 HB 101-- Nonprofit organizations; exclude certain events from "food service establishment" definition ...................................... 237, 243, 339, 414, 1483, 1484, 1599 INDEX 4063 HB 103-- Insurance; issuance of group life insurance policy to certain groups as approved by the Commissioner; allow ........... 249, 254, 954, 1031, 1638, 1640 HB 104-- Special license plates; supporting the Appalachian Trail Conservancy; add.................................................................. 1331, 1339, 2057, 2058, 2792, 2925, 3008, 3599, 3603, 3639 HB 105-- Supplemental appropriations; State Fiscal Year July 1, 2012 - June 30, 2013 ............................................... 207, 215, 274, 303, 307, 339, 426, 798, 801, 802, 1108, 1330 HB 106-- General appropriations; State Fiscal Year July 1, 2013 - June 30, 2014 ................................................. 1516, 1517, 1658, 1661, 2078, 2079, 2516, 2526, 2559, 2571, 2583, 3113, 3632 HB 115-- Local boards of education; suspension and removal of members upon potential loss of accreditation; revise provisions.................................................................................. 227, 230, 1518, 1548, 2645, 2652, 2889 HB 116-- Georgia Foundation for Public Education; state board donations, gifts and other property held in trust; authorize transfer ...................................................................... 227, 230, 1518, 1548, 2645, 2662 HB 122-- Sexual Offender Registration Review Board; review and utilize records of Board of Pardons and Paroles in making assessments; authorize ................................................. 333, 337, 1659, 1661, 2078, 2584, 2592, 2889 HB 123-- Parent and Teacher Empowerment Act; enact................................. 1331, 1340 HB 124-- Alcoholic beverages; sale; make certain changes to requirements.......................................................................... 1069, 1079, 1499, 1519, 1556, 1557 HB 125-- Lawful presence; certain affidavit for persons under 18 years of age to be executed after attaining the age of 18; provide .................................................................................. 1069, 1079, 1659, 1661 4064 INDEX HB 126-- Park rangers; any person obstructing or hindering the lawful discharge of official duties; prohibit.............................. 402, 409, 1519, 1548, 1699, 1744 HB 127-- Public officers; automatic fee adjustment in cases where funds are not appropriated in certain amounts for specified purposes; provide ............................................................. 1069, 1079 HB 131-- HOPE; dual credit courses; treated the same as advanced placement and international baccalaureate courses for determining eligibility; provide ......................... 1069, 1080, 1603, 1661, 2078, 2552, 2889 HB 132-- Georgia Board of Pharmacy and Georgia Board of Dentistry; administratively attached to Department of Community Health; provide ................................................. 1409, 1462, 2627, 2628, 2792, 2927 HB 135-- Municipalities; ante litem notice; the amount of damages sought; provide .......................................................... 250, 254, 1659, 1661 HB 139-- Sheriffs; general qualification requirements; revise ............. 1070, 1080, 1518, 1548, 2789, 2792, 2929, 3643, 3834 HB 141-- Kidnapping; certain businesses and establishments post a model notice to enable persons who are the subject of human trafficking to obtain help and services; require ............ 907, 914, 1546, 1609, 1699, 1745, 2715 HB 142-- Ethics in government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions .......................... 852, 858, 1660, 1661, 2076, 2078, 2572, 2583, 2717, 2730, 2744, 2758, 3695, 3844 HB 143-- Ethics in government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions .......................... 852, 859, 2627, 2628, 2789, 2791, 2822, 3007, 3048, 3056, 3581, 3709, 3712 INDEX 4065 HB 146-- Criminal procedure; the issuance of arrest and search warrants by video conference; revise provisions.................. 1070, 1080, 1546, 1609, 1699, 1751, 2715 HB 147-- Elberton, City of; change description of election districts ................................................................................. 158, 159, 200, 204 HB 150-- Fair Business Practices Act; prohibited telemarketing and Internet activities; change provisions............................. 1458, 1463, 2057, 2058, 2646, 2753, 3055 HB 154-- Worker's compensation; awards and benefits; change certain provisions ........................................................................ 227, 231, 414, 814, 1506 HB 155-- Game and fish; licensing and operation of shooting preserves; revise provisions ...................................................... 939, 947, 1519, 1548, 1699, 1754, 2712, 3816 HB 156-- Offenses against minors; sexual conduct and technology; modernize provisions of Code .............................. 940, 948, 1659, 1661, 2792, 2929, 3074, 3603 HB 160-- Property; provide that choses in action for legal malpractice are not assignable; vacant and foreclosed real property registries; revise provisions................................. 333, 338, 1659, 1661, 2792, 2930, 3048, 3602 HB 161-- Trial juries; oath of bailiffs; change provisions ........................ 809, 812, 1607, 1661, 2645, 2664 HB 164-- Sales and use tax; exemption regarding sale or use of engines, parts, equipment or other property used in maintenance of certain aircraft; extend sunset...................... 1332, 1340, 1518, 1548, 1637, 1638, 1641 HB 171-- Fulton County; Board of Commissioners; change description of districts........................................................... 1018, 1023, 1608, 1613, 1617, 1632, 2026, 2029 HB 174-- Lavonia, City of; change and extend the corporate limits .................................................................................... 208, 215, 414, 423 HB 175-- Covenants and warranties; certain covenants run with the land; provide ....................................................................... 852, 859, 1607, 1661, 2078, 2559 4066 INDEX HB 177-- Oconee River Greenway Authority; change the membership............................................................................... 853, 859, 1607, 1661, 2792, 2931, 3080 HB 178-- Georgia Pain Management Clinic Act; enact ........................... 334, 338, 1545, 1609, 1699, 1762 HB 179-- Pharmacies; The Pharmacy Audit Bill of Rights; change certain provisions ...................................................................... 810, 812, 1605, 1661, 2793, 2932, 3653 HB 182-- Juvenile court administration; rehearing on the order of an associate court judge; delete provisions; appointment of judge pro tempore; provide .................................................. 296, 301, 2626, 2628, 2793, 2932, 3610, 3833 HB 184-- Nonpublic Postsecondary Educational Institutions Act of 1990; authorization to operate by means of accreditation for institutions that meet certain requirements; provide ...................................................................... 1457, 1463 HB 187-- Controlled substances; date of incorporation of local ordinances by reference; change............................................... 907, 914, 1659, 1661, 2646, 2755 HB 188-- Professions and businesses; certain military certifications entitle persons to obtain certain professional licenses in this state; provide............................ 1332, 1340, 1499, 1519, 2793, 2932 HB 189-- Natural Resources, Department of; notify local governing authorities before making certain significant changes in park service; require ........................................... 1459, 1463, 2057, 2058, 2793, 2934, 3638 HB 192-- Podiatry; podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg; provide ............................................................. 1070, 1080, 1545, 1609, 2645, 2665 HB 193-- State sales and use tax; change certain definition; Georgia Tourism Development Act; change certain definition; provide exemption for tangible personal property to certain nonprofit health centers for only a limited period of time ........................................................... 1332, 1341, 1603, 1661, 2644, 2645, 2666, 3007, 3728 INDEX 4067 HB 194-- Public utilities; venue for actions against gas companies; provide ................................................................... 268, 273, 1546, 1609, 2078, 2560 HB 197-- Ad valorem tax; requirements for land that is classified as bona fide conservation use property; provide revision .... 1455, 1464, 1603, 1661, 2076, 2078, 2562, 2909 HB 198-- Patient Protection and Affordable Care Act; licensing of health insurance navigators; provide ................................ 250, 254, 954, 1031, 1483, 1487, 1599 HB 199-- Georgia Environmental Finance Authority; expand Georgia Reservoir Fund ....................................................... 1070, 1081, 1607, 1661, 2793, 2934 HB 201-- Grady County Lake Authority Act; enact........................... 208, 215, 343, 348, 351 HB 202-- Highways, bridges, and ferries; performing value engineering studies; provide requirements ......................... 269, 273, 921, 955, 1484, 1492, 1599 HB 203-- American Indian Tribes of Georgia; recognized legitimate tribes; remove certain information.................................. 1458, 1464 HB 204-- Sale City, City of; staggered, four-year terms of office for city council; provide...................................................... 208, 215, 343, 348, 351 HB 206-- Hoschton, City of; provide new charter............................... 208, 216, 889, 894 HB 207-- Licenses; issuance of a special turkey-hunting permit for young and mobility impaired hunters; authorize ............ 1071, 1081, 1607, 1661, 2791, 2844, 3007, 3828 HB 208-- Nursing homes; annually offer influenza vaccinations to health care workers and other employees; require ................... 334, 338, 1604, 1661, 2645, 2674 HB 209-- Pharmacists and pharmacies; add and revise definitions; revise requirements for license transfers for pharmacists licensed in another jurisdiction ................................................. 334, 338, 1604, 1661, 2078, 2517, 2525, 2715 HB 210-- Gasoline and aviation fuel; temporary suspension of the collection of taxes; provide legislative findings; provisions.................................................................................. 908, 914, 1518, 1548, 2644, 2646, 2675 4068 INDEX HB 211-- Motor fuel excise tax; public school systems under certain circumstances; exempt .............................................. 1455, 1464, 1603, 1661, 2788, 2795, 2954, 3654 HB 215-- Superior courts; filings in the clerk's office; change provisions.............................................................................. 1332, 1341, 2626, 2628, 2793, 2935 HB 220-- Crisp County; Board of Commissioners; change descriptions of districts ........................................................ 208, 216, 303, 307 HB 223-- Banks County; board of elections and registration; create .................................................................................... 209, 216, 414, 424 HB 224-- Coffee County; reestablish Board of Commissioners .......... 1071, 1081, 1608, 1613, 1632 HB 226-- Solid waste management; tire transportation, storage, and disposal; revise certain requirements ................................. 908, 915, 1607, 1661, 2793, 2935, 3081, 3637 HB 229-- Insurance; removing the insurer annual publication requirement; provide............................................................. 1071, 1082, 1605, 1661 HB 232-- Regents Retirement Plan; level of employee participation; change................................................................. 402, 409, 1546, 1609, 2791, 2796 HB 233-- Albany, City of; levy an excise tax....................................... 1533, 1539, 2627, 2632, 2643 HB 234-- Contracts; new chapter that provides for notice of automatic renewal provisions in service contracts; enact........... 403, 409, 917, 955, 1523, 1524, 1651, 3845 HB 235-- Optometrists; revise definition of optometry; remove certain exemption...................................................................... 334, 339, 1545, 1609, 1699, 1764, 2715 HB 238-- Georgia Firefighters' Pension Fund; change amount of dues required......................................................................... 1377, 1465, 1546, 1609, 2795, 2954, 3634 HB 240-- Medicaid and PeachCare for Kids; certain speechlanguage pathology services; require reimbursement .......... 1377, 1465, 1605, 1661, 2793, 2935 INDEX 4069 HB 241-- Atlanta, City of; Board of Education; change description of districts............................................................... 403, 409, 1608, 1614, 1618, 1632, 2652 HB 242-- Courts; juvenile proceedings; substantially revise, supersede, and modernize provisions ....................................... 940, 948, 1546, 1609, 1699, 1768, 2716 HB 244-- Elementary and secondary education; annual performance evaluations; revise certain provisions.................. 940, 948, 2056, 2058, 2793, 2936 HB 246-- Georgia World Congress Center Authority; benefit programs to its officers, employees, and other agents; provide ...................................................................................... 297, 301, 1605, 1661, 2646, 2676, 2678 HB 247-- Emerson, City of; provide new charter................................ 250, 255, 862, 866 HB 250-- Local excise tax; sale or use of energy; revise certain provisions.............................................................................. 1333, 1341, 2056, 2058, 2788, 2793, 2937, 3017 HB 252-- Athens-Clarke County; chief magistrate judge; provide nonpartisan elections................................................................. 908, 915, 1030, 1033 HB 253-- Athens-Clarke County; probate judge; provide nonpartisan elections............................................................. 1018, 1024, 2058, 2071 HB 254-- Motor vehicles; electronic proof of insurance may be accepted under certain circumstances; provide ................ 403, 410, 955, 1031, 1506, 1508, 1599 HB 255-- Unified Carrier Registration Act of 2005; administration responsibilities from Department of Revenue to Department of Public Safety; transfer ................... 403, 410, 1029, 1088, 1524, 1527, 1651 HB 256-- Tobacco; regulation of cigar wraps; provide ........................ 1072, 1082, 1519, 1548, 1637, 1638 HB 264-- Metropolitan Atlanta Rapid Transit Authority Act of 1965; extensively revise....................................................................... 404, 410 HB 265-- Mass transportation; suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; repeal provisions ......................................... 404, 411 4070 INDEX HB 266-- Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate; law regarding state and local title ad valorem tax fees; revise provisions ......... 879, 884, 888, 921, 956, 957, 960, 987, 992, 1052, 1054, 1100, 1104, 1308, 1309, 1330 HB 268-- Agricultural products dealers; remove eggs from definition of "agricultural products"; provisions .................. 1072, 1082, 1545, 1609, 1700, 1985, 2716 HB 271-- Individual's criminal history record information; revise definitions ........................................................................................ 1072, 1083 HB 273-- Bibb County; State Court; provide additional judge .......... 250, 255, 343, 348, 349, 351, 1538 HB 274-- Game and fish; regulate practice of falconry............................ 810, 813, 1519, 1548, 2646, 2684 HB 276-- Natural Resources, Department of; Georgia Hazardous Waste Management Authority; change certain procedures regarding appropriations .................................... 1333, 1341, 1607, 1661, 2793, 2938, 3054, 3889 HB 277-- Randolph County; vehicles shall be registered and licensed to operate during four-month nonstaggered registration; repeal Act......................................................... 251, 255, 414, 424 HB 278-- Arlington, City of; provide duties of mayor ....................... 251, 256, 343, 349, 351 HB 281-- Cobb County Commission on Children and Youth; provide annual report ................................................................ 251, 256, 2058, 2071 HB 283-- Education; update and revise terminology; provisions............. 940, 949, 2056, 2058, 2646, 2685, 2911, 3058, 3581, 3637, 3659, 3845 HB 284-- Return to Play Act of 2013; enact......................................... 1019, 1024, 1518, 1548, 2793, 2941 HB 286-- Hawkinsville, City of; Pulaski County; create and incorporate new political body corporate under name Hawkinsville-Pulaski County, Georgia .................................... 404, 411, 1030, 1034 INDEX 4071 HB 287-- Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia ................................................................ 1333, 1342, 1545, 1609, 1700, 1990 HB 289-- Funds transfers; Uniform Commercial Code and federal law; clarify the relationship between certain provisions ...... 1334, 1342, 1602, 1661, 2791, 2798 HB 293-- Tuition equalization grants; private colleges and universities; nursing; provisions .......................................................... 941, 949 HB 294-- Lamar County; school district ad valorem tax; $7,000 of assessed value of specified five-year phase-in period for residents 70 years or older; provide homestead exemption............................................................................. 269, 273, 414, 424 HB 296-- Motor vehicles; authorized to receive registration records; add certain persons.................................................. 1072, 1083, 1607, 1661, 2793, 2943 HB 297-- State wild flower; designate the native azalea ................................. 1073, 1083 HB 298-- Agricultural Commodity Commission for Georgia Grown Products; create......................................................... 1019, 1024, 1545, 1609, 2646, 2712 HB 302-- Controlled substances; substances included under Schedule I and III; add.............................................................. 908, 915, 1604, 1661, 2793, 2943, 3646, 3833 HB 304-- Freeport exemption; applicability to fertilizer production processes; clarify ................................................ 1334, 1342, 1603, 1661, 2645, 2646, 2713 HB 310-- Elections; ethics in government; revise definitions; provisions.............................................................................. 1073, 1083, 1518, 1548 HB 312-- Insurance; regulating insurance holding company systems; provide comprehensive revision of provisions .......... 810, 813, 1605, 1661, 2646, 2717 HB 315-- Nurses; continuing competency requirements as requirement for license renewal; provide ................................. 909, 916, 1545, 1609, 2646, 2720, 2909 HB 317-- Medical Practice Act of the State of Georgia; administrative medicine licenses; provide............................ 1073, 1084, 1545, 1609, 1699, 1750 4072 INDEX HB 318-- Seed-Capital Fund; create the Invest Georgia Fund; provisions.............................................................................. 1409, 1465, 1603, 1661, 2076, 2078, 2527, 2745 HB 319-- Fairburn, City of; exercise all redevelopment and other powers under the "Redevelopment Powers Law"; authorize............................................................................... 297, 301, 814, 819 HB 320-- Solid waste management; certain compliant inert waste landfills from additional regulatory permitting; exempt .......... 879, 885, 2057, 2058, 2794, 2945, 3709, 3876 HB 321-- Fairburn, City of; millage caps on ad valorem taxation of real and personal property; remove ................................. 297, 301, 814, 819 HB 323-- Motor vehicles; age for operation of certain commercial motor vehicle operators; modify........................................... 1334, 1343, 1608, 1661, 2794, 2943, 3844 HB 324-- Georgia Student Finance Commission; board of commissioners; Georgia Student Finance Authority; board of directors; verification of lawful presence; provide exemptions................................................................... 941, 950, 1551, 1659, 1661, 2794, 2944 HB 327-- Flexibility and Accountability Act for Student Achievement; enact.............................................................................. 941, 950 HB 328-- Lowndes County; nonpartisan nomination and election of judge of Probate Court; provide ........................................... 909, 916, 1030, 1034 HB 329-- Lowndes County; judge of Small Claims Court shall be magistrate judge elected on nonpartisan basis; provide ........... 909, 916, 1030, 1034 HB 330-- Jonesboro, City of; $10,000 of assessed value of homestead for residents; provide homestead exemption ................. 1533, 1540 HB 332-- Georgia Board of Nursing; reconstitute; provisions............. 1073, 1084, 1658, 1661, 2794, 2946, 3694 HB 334-- Euharlee, City of; provide new charter................................ 297, 302, 862, 866 HB 336-- Civil practice; tort claims arising out of use of motor vehicles; provide for certain pre-suit settlement offers ............ 909, 917, 1607, 1661, 2079, 2584 INDEX 4073 HB 337-- Elementary and secondary education; public and private schools to stock supply of auto-injectable epinephrine; authorize................................................................................ 1074, 1084, 1603, 1661, 2794, 2946, 3067 HB 338-- Georgia Council for the Arts; role of arts in economic development and other vital functions; clarify ......................... 880, 885, 1499, 1519, 2794, 2946, 3052, 3600 HB 340-- Enigma, City of; provide four-year terms for mayor and city council........................................................................... 405, 411, 955, 990 HB 342-- Senoia, City of; provide new charter ........................................ 405, 412, 1519, 1522 HB 345-- Teachers Retirement System of Georgia; clarify and consolidate the definitions of the term "teacher".................. 1074, 1085, 1546, 1609, 1700, 1991, 2718 HB 346-- Fulton County; appointment of tax commissioner; provide ............................................................................................. 1019, 1025 HB 347-- Fulton County; board of elections and registration; revise manner of appointment of members .......................... 1020, 1025, 1608, 1614, 1617, 1632, 2027, 2042 HB 349-- Criminal cases; provide state with more direct appeal rights; provisions................................................................... 1020, 1025, 1546, 1609, 1700, 2002, 2719 HB 350-- Group-care facility operators; persons otherwise issued licenses as provided by law; provide exceptions; require certain employees to have fingerprint record checks ........... 1074, 1085, 1518, 1548, 1638, 1644 HB 353-- Trion, Town of; provide for quorum and voting by mayor and council; provide for continuation and support of the independent school system ................................ 405, 412, 1500, 1503, 1506, 2002 HB 354-- Early Care and Learning, Department of; provide certain information to owners of early care and education programs; require ................................................. 1074, 1085, 1603, 1661, 2646, 2756 HB 359-- Property; provide that actions for legal malpractice are not assignable; provisions ..................................................... 1334, 1343, 1603, 1661, 2076, 2079, 2585, 2910 4074 INDEX HB 361-- Labor organizations membership; provide for definitions; provide statement of rights under federal law; provisions ...................................................................... 1075, 1086, 1605, 1661, 2646, 2745, 3055, 3832 HB 362-- Public works contracts; governmental entities and Department of Administrative Services; provide certain contracting and bidding requirements ............................................. 1075, 1086 HB 364-- McDonough, City of; levy an excise tax .................................. 853, 859, 1348, 1354 HB 365-- Safety belts; definition of the term "passenger vehicle" to which the safety belt law applies; modify ........................ 1075, 1086, 1608, 1661, 2794, 2947 HB 366-- Peace officers; disciplining certified officers and requirements for certification; clarify application of provisions.............................................................................. 1335, 1343, 1608, 1661, 2794, 2947, 3633 HB 371-- Motor fuel tax; define liquefied natural gas ......................... 1410, 1465, 1518, 1548, 1637, 1638, 1645 HB 372-- HOPE; grant at technical college or university institutions; revise eligibility ................................................ 1410, 1466, 1659, 1661, 2076, 2079, 2589, 2910, 3764 HB 375-- Insurance; cancellations under certain circumstances relating to policy terms that permit an audit or rate investigation and noncompliance by insured; provide ......... 1335, 1344, 1605, 1661 HB 376-- Hawkinsville, City of; levy an excise tax ............................ 853, 860, 920, 924 HB 380-- Fulton County; Board of Education; shall be the retirement and pension plan sponsor and funding agent of such plan; provide............................................................. 1998, 2052, 2762, 2767, 2777, 2782 HB 381-- Natural Resources, Department of; department creation and operation of a nonprofit corporation; revise provisions.............................................................................. 1335, 1344, 1607, 1661, 2794, 2948 HB 382-- Torts; governing authority of school that enters into recreational joint-use agreement with public or private entity; limit liability .............................................................. 1410, 1466, 2626, 2628, 2794, 2949, 3650, 3833 INDEX 4075 HB 383-- Warner Robins, City; revise qualifications for candidates for mayor and council ............................................. 853, 860, 1030, 1034 HB 384-- Transportation, Department of; local governing authority designating public streets or portions thereof for combined use of motorized carts and regular vehicle traffic; modify provisions ......................................................... 910, 917, 1609, 1661, 2079, 2612 HB 389-- Insurance; provide conversion and enhanced conversion rights and coverage; sunset requirements ............................. 1335, 1344, 1605, 1661, 2646, 2728 HB 393-- Local Workforce Investment Good Governance Act for Georgia; enact ....................................................................... 1336, 1345, 1605, 1661, 2794, 2949, 3056 HB 399-- Ad valorem tax; types of interests in real property may be subject to taxation; clarify................................................ 1456, 1466, 1603, 1661, 2788, 2796, 2955 HB 400-- Elections; population brackets and the census for approval of bonded debt; repeal certain provisions .............. 1336, 1345, 1609, 1661 HB 402-- Coastal waters, beaches and sand dunes; Department of Natural Resources to issue letters of permission; establish authority ................................................................. 1377, 1466, 1607, 1661, 2079, 2610 HB 407-- Drivers' licenses; mandatory use of ignition interlock devices following second conviction for driving under influence of alcohol or drugs; modify/extend provisions ..... 1458, 1467, 1608, 1661, 2791, 2839, 3054 HB 410-- Macon-Bibb County Community Enhancement Authority; define category IV poverty area ........................................ 853, 860 HB 414-- Columbus, City of; "Redevelopment Powers Law"; exercise and provide referendum................................................ 854, 860, 920, 955, 1506, 1513 HB 415-- Columbus, City of; make certain stylistic changes to charter .................................................................................. 854, 861, 920, 924 HB 416-- Columbus, City of; personnel review board; change certain provisions ................................................................. 854, 861, 920, 925 HB 417-- Columbus, City of; make certain stylistic changes to charter .................................................................................. 854, 861, 920, 925 4076 INDEX HB 431-- Culloden, City of; elections and terms of members of city council; provide ................................................................. 880, 885, 1500, 1503, 1506 HB 432-- Appling County; Board of Education; change description of districts............................................................... 942, 950, 1660, 1665, 1698 HB 433-- Appling County; Board of Commissioners; change description of districts............................................................... 942, 951, 1660, 1665, 1698 HB 434-- Liens; mechanics and materialmen; special liens include amount due and interest on such amount; provide .................................................................................. 1431, 1467, 1659, 1661, 2794, 2950, 2997, 3073 HB 435-- Fulton County State Court; change compensation of chief judge............................................................................. 1076, 1087, 2762, 2768, 2780 HB 437-- Atlanta Judicial Circuit; provide for selection of chief judge...................................................................................... 1020, 1026, 1659, 1661, 2791, 2800 HB 440-- Ellenton, City of; election and powers of city councilmembers; change certain provisions ........................ 880, 886, 920, 925 HB 441-- Fulton County Superior Court; administrator shall have oversight of budget; provide ................................................. 1020, 1026, 1659, 1661, 2791, 2801 HB 442-- Fulton County State Court; administrator shall have oversight of budget; provide ................................................. 1021, 1026, 2058, 2071 HB 443-- Fulton County Magistrate Court; successor to chief judge currently serving shall be appointed by Governor; provide .................................................................................. 1336, 1345, 1608, 1615, 1618, 1632, 2028, 2043, 2047, 2078 HB 444-- Fulton County Superior Court; amount of supplement for judges; increase ............................................................... 1076, 1087, 2762, 2768, 2780 HB 446-- Guardian and ward; proposed ward who resided in another state prior to submission of guardianship or conservatorship petition for such proposed ward; provide certain additional notice requirements..................... 1021, 1026, 1607, 1661, 2794, 2950, 3652 INDEX 4077 HB 447-- Laurens County; Board of Commissioners; change description of districts............................................................... 942, 951, 2058, 2072 HB 450-- Cherokee County State Court; charge technology fee for each civil case filed and each criminal fine imposed; authorize.................................................................................... 880, 886, 2058, 2072 HB 451-- Chattahoochee Judicial Circuit; Oconee Judicial Circuit; provide for additional judge .................................... 1337, 1346, 1499, 1519, 2795, 2951, 3004 HB 452-- Milton, City of; change description of districts .................... 1021, 1027, 2058, 2072 HB 454-- Budget report; require certain items to be included in tax expenditure review.......................................................... 1378, 1467, 1658, 1661, 2647, 2757 HB 457-- Hiram, City of; reincorporation, corporate boundaries, municipal powers, and exercise of powers; provide................. 943, 951, 3601, 3660, 3661, 3687, 3876 HB 458-- Condominiums; maximum allowable casualty insurance deductible imposed by associations; change ........................ 1410, 1468, 1605, 1661, 2646, 2729 HB 463-- Motor vehicle licenses; ad valorem tax purposes; revise and change taxation regarding certain apportioned vehicles registered under the International Registration Plan ....................................................................................... 1431, 1468, 2056, 2058, 2788, 2792, 2929, 3002, 3072, 3604, 3834 HB 466-- Cornelia, City of; provide new charter ..................................... 943, 952, 1348, 1354 HB 467-- Danville, Town of; provide new charter................................... 943, 952, 2058, 2073 HB 470-- Bibb County; Civil Service System and Civil Service Board; define a certain term; provisions............................... 1533, 1540, 1660, 1666, 1698 HB 471-- Calhoun, City of; levy an excise tax ..................................... 1076, 1087, 1608, 1615, 1632 HB 472-- Gordon County; levy an excise tax....................................... 1076, 1087, 2058, 2073 4078 INDEX HB 473-- Counties and municipal corporations; add option of fiscal year contracts .............................................................. 1378, 1468, 1547, 1609, 1700, 2025 HB 475-- Drivers' licenses; commissioner to enter into reciprocal agreements on behalf of Georgia for recognition of licenses issued by foreign territories; authorize.................... 1337, 1346, 1608, 1661, 2791, 2848, 3071 HB 476-- Hinesville, City of; change corporate limits ......................... 1534, 1540, 2058, 2073 HB 479-- Forsyth County; Board of Education; change compensation of chairperson and members.............................. 943, 952, 1547, 1553 HB 480-- Crimes and offenses; list of persons who may be present in courtroom when person under age of 16 testifies concerning a sex offense; add victim assistance personnel ............................................................................... 1337, 1346, 1546, 1609, 2795, 2951, 3641 HB 482-- Corrections, Department of; State Board of Pardon and Paroles; former certified employees may retain their board issued weapon under certain circumstances; provide .................................................................................. 1337, 1347, 2057, 2058, 2795, 2951, 3640 HB 484-- Monroe, City of; provide for jurisdiction of municipal court .......................................................................................... 943, 952, 3601, 3661, 3685, 3687, 3877 HB 485-- Soperton, City of; City Court; change salary of judge and solicitor............................................................................... 944, 952, 2627, 2632, 2643 HB 486-- Weight of vehicles; issuance of annual commercial wrecker emergency tow permits; provide qualifications...... 1431, 1468, 1609, 1661, 2795, 2952 HB 487-- Revenue and taxation; transfer responsibility of coin operated machines from Department of Revenue to Georgia Lottery Corporation; provisions.............................. 1410, 1469, 1499, 1519, 1557, 1559, 1652, 2046, 2070, 2662, 3018, 3632 INDEX 4079 HB 494-- Mass transportation; installation of safety markers on utility lines to provide adequate visual warning in use of private airstrips; provide ....................................................... 1459, 1469, 1609, 1661 HB 496-- Rabun County Water and Sewer Authority; create .............. 1534, 1540, 1660, 1666, 1698 HB 497-- Georgia Boat Safety Act; numbering and registration of vessels; revise provisions...................................................... 1378, 1469, 2057, 2058, 2795, 2952, 3687, 3876 HB 499-- Torts; payor guidelines and criteria under federal law shall not establish legal basis for negligence or standard of care for medical malpractice; provide .............................. 1459, 1469, 2626, 2628, 2795, 2952, 3692 HB 505-- Madison County; board of elections and registration; create ..................................................................................... 1338, 1347, 1547, 1554 HB 506-- Chattahoochee Judicial Circuit; provide for selection of chief judge............................................................................. 1411, 1470, 1659, 1661, 2795, 2953, 3005 HB 508-- Charlton County; Board of Education; change provisions relating to compensation of members ................. 1338, 1347, 1473, 1482 HB 511-- State employees' health insurance plan; pilot program to provide coverage for bariatric surgical procedures for treatment and management of obesity; provide.................... 1432, 1470, 1604, 1661, 2795, 2954 HB 512-- Safe Carry Protection Act; enact ..................................................... 1455, 1470 HB 513-- Education; Georgia Medical Center Authority; abolish ....... 1411, 1471, 1604, 1661 HB 514-- Macon, City of; Payne City, City of; Bibb County; remove City of Payne City from consolidated charter; change provisions to initial budgets ..................................... 1534, 1541, 2627, 2632, 2638, 2643, 3600, 3731 HB 517-- Alcohol; local control of distance requirements of grocery stores and other licensees for retail sale of wine and malt beverages near college campuses; provide ............ 1456, 1471, 1546, 1609, 1660, 2627, 2628, 2788, 2795, 2953, 3068, 3600 4080 INDEX HB 522-- Henry County Water and Sewerage Authority; change name to Henry County Water Authority .............................. 1495, 1497, 1547, 1554 HB 525-- Statesboro, City of; increase excise tax ................................ 1495, 1497, 1608, 1615, 1632 HB 526-- North Fulton Regional Radio System Authority Act; enact ...................................................................................... 1534, 1541, 2627, 2632, 2643 HB 527-- Milton, City of; millage rate for ad valorem property taxes; clarify cap ................................................................... 1535, 1541, 2058, 2073 HB 528-- Peachtree City, City of; levy an excise tax ........................... 1998, 2052, 2762, 2769, 2780 HB 529-- Cordele, City of; increase excise tax .................................... 1496, 1498, 2058, 2074 HB 534-- Tifton, City of; change amount of homestead exemption for residents 65 or older ........................................................ 1496, 1498, 1608, 1617, 1632 HB 535-- Rabun County Convention and Visitors Bureau Authority; revise composition of board of directors............. 1535, 1542, 1660, 1666, 1698 HB 536-- County law libraries; receipt and disbursement of funds by counties having a population of 950,000; repeal and reserve Code section ............................................................. 1456, 1471, 1551, 1609, 1661 HB 537-- Local boards of education; population provision prohibiting certain members from holding other offices; repeal..................................................................................... 1457, 1471, 1551, 1609, 1661 HB 538-- County boards of health; population relative to superintendent of largest municipal school system in certain counties serving on board of health ex officio; repeal provision..................................................................... 1457, 1472, 1552, 1612 HB 539-- Campus police officers; repeal a portion of a definition based upon population classification .................................... 1458, 1472, 1552, 1609, 1661 HB 540-- Board of education; pension board recompute pension to teachers and employees who retired prior to April 1, 1955 and who had been awarded a pension for 20 years service in counties of 500,000 population ............................ 1457, 1472, 1552, 1609, 1661 INDEX 4081 HB 541-- Fulton County; increase homestead exemption amount to $60,000 after three-year phase in period; provide ....................... 1535, 1542 HB 542-- Hagan, City of; change description of election districts....... 1535, 1542, 1660, 1666, 1698 HB 543-- Douglas County; levy an excise tax................................................. 1496, 1498 HB 544-- Cherokee County; board of commissioners; candidates shall have resided within district for period of 12 months preceding election .................................................... 1496, 1498, 2958, 2987 HB 545-- Metropolitan Atlanta Aerotropolis Development Authority; create .............................................................................. 1536, 1542 HB 548-- Smyrna, City of; change description of wards...................... 1536, 1543, 2762, 2769, 2780 HB 551-- Locust Grove, City of; change corporate limits.................... 1536, 1543, 1608, 1616, 1632 HB 552-- Appling County; board of elections; create .......................... 1537, 1543, 1660, 1667, 1698 HB 553-- Montgomery County; board of commissioners; provide for appointment of county manager...................................... 1537, 1544, 1660, 1667, 1696, 1698, 2652 HB 556-- Columbus, City of; Recorder's Court; impose and collect technology fee for each fine imposed ....................... 1537, 1544, 1660, 1667, 1698 HB 557-- Danielsville, City of; provide for staggered, four-year terms for mayor and council ................................................. 1537, 1544, 1608, 1616, 1632 HB 558-- Colbert, City of; provide for staggered, four-year terms of office for mayor and council ............................................ 1537, 1544, 1608, 1616, 1632 HB 561-- Jesup, City of; change description of election districts ........ 1999, 2052, 2762, 2769, 2780 HB 568-- Warwick, City of; change description of council districts .................................................................................. 1647, 1654, 2627, 2633, 2643 HB 569-- Bibb County State Court; provide additional judge ............. 1596, 1600, 2958, 2987 HB 570-- Bibb County; Civil Service Board; Civil Service System; provide for award of attorney's fee under certain conditions .................................................................. 1596, 1601, 2958, 2987 HB 571-- Macon, City of; Payne City, City of; Bibb County; change provisions relative to initial budgets ................................... 1647, 1655 4082 INDEX HB 572-- Wilcox County; Board of Commissioners; change description of districts........................................................... 1648, 1655, 2627, 2633, 2643 HB 573-- Whitfield County Community Improvement Districts Act; enact .............................................................................. 1597, 1601, 2058, 2074 HB 574-- Johns Creek; City of; changing millage rate for ad valorem property taxes; clarify cap ...................................... 1597, 1601, 2058, 2074 HB 575-- Peachtree Corners, City of; city's ability to enter into agreements with other governmental entities; change certain provisions .................................................................. 1999, 2053, 2762, 2770, 2780 HB 576-- Wilcox County; board of elections and registration; create ..................................................................................... 1597, 1602, 2058, 2074 HB 577-- Wilcox County; Board of Education; change description of districts........................................................... 1648, 1655, 2627, 2634, 2643 HB 578-- Columbia County; health insurance program; revise the time for vesting for certain officials ..................................... 1597, 1602, 2058, 2075 HB 583-- Griffin, City of; Municipal Court; charge technology fee for each civil case and criminal fine imposed; authorize................................................................................ 1648, 1655, 2627, 2634, 2641, 2643, 3001 HB 584-- Cleveland, City of; provide new charter............................... 1648, 1656, 2762, 2770, 2780 HB 585-- Davisboro, City of; provide new charter .............................. 1648, 1656, 2627, 2634, 2643 HB 586-- City of Kingsland Community Improvement Districts Act of 2013; enact................................................................. 1649, 1656, 2762, 2770, 2780 HB 587-- Dooly County; Board of Education; provide for compensation of members .................................................... 1649, 1656, 2627, 2635, 2643 HB 588-- Cobb County; Probate Court; change compensation of chief deputy sheriff and others ............................................. 1649, 1657, 2958, 2988 HB 589-- Washington County; Board of Education; revise districts for election of members .......................................... 1999, 2053, 2762, 2770, 2780 INDEX 4083 HB 590-- Polk County; Board of Education; revise districts for election of members.............................................................. 1999, 2053, 2762, 2771, 2780 HB 591-- Clayton County School System; repeal Act creating a code of ethics and ethics commission................................... 2000, 2054, 2762, 2771, 2780 HB 592-- Pierce County State Court; change compensation of judge and solicitor-general ................................................... 1649, 1657, 2627, 2635, 2643 HB 593-- Washington County; board of commissioners; revise districts for election of members .......................................... 2000, 2054, 2762, 2771, 2780 HB 594-- Fulton County Personnel Board and Fulton County Merit System of Personnel Administration; all future employees other than public safety employees shall be unclassified; provisions ........................................................ 2000, 2054, 2762, 2772, 2777, 2784 HB 596-- Telfair County; Board of Education; change description of districts ............................................................................. 2000, 2054, 2627, 2635, 2643 HB 597-- Scotland, City of; nonbinding advisory referendum to select mayor and city council; provide ................................. 1650, 1657, 2627, 2635, 2643 HB 598-- Fulton County; employees employed after July 1, 2013, to serve the Superior Court, Magistrate Court or State Court shall be employees at will; provide ............................ 2001, 2055, 2762, 2772, 2777, 2785 HB 600-- City of Bainbridge Public Facilities Authority Act; enact ...................................................................................... 1650, 1658, 2627, 2636, 2643 HB 602-- Americus-Sumter County Land Bank Authority; create ...... 1650, 1658, 2627, 2636, 2643 HB 603-- Cobb County State Court; change compensation of judges .................................................................................... 2001, 2055, 2762, 2773, 2780 HB 604-- Fulton County; dates on which governing authority may make or fix certain levies of ad valorem taxes; provide....... 2001, 2055, 2762, 2773, 2778, 2786 HB 609-- Demorest, City of; corporate limits of city shall include certain property; provide....................................................... 2064, 2620, 2958, 2988 HB 613-- DeKalb County; levy an excise tax ...................................... 2064, 2620, 2627, 2636, 2643 4084 INDEX HB 614-- Brookhaven, City of; provide a definition for the governing authority; provisions ............................................ 2065, 2620, 2958, 2988 HB 616-- Lyons, City of; provide new charter ..................................... 2065, 2621, 2762, 2773, 2780 HB 619-- Chamblee, City of; change corporate limits of city .............. 2065, 2621, 2762, 2774, 2780 HB 620-- Peachtree Corners, City of; "Redevelopment Powers Law"; provide for referendum .............................................. 2065, 2621, 2762, 2774, 2780 HB 622-- Quitman County; Board of Education; change certain provisions regarding the compensation of the chairperson and board members ........................................... 2066, 2622, 2958, 2989 HB 623-- City of Commerce Public Facilities Authority Act; enact ...................................................................................... 2066, 2622, 2958, 2989 HB 624-- Dawson-Terrell County Airport Authority; change membership........................................................................... 2066, 2622, 2959, 2989 HB 625-- Rincon, City of; provide that corporate limits shall include certain property ........................................................ 2066, 2622, 2762, 2774, 2780 HB 626-- Greene County Airport Authority; split position of secretary-treasurer into two separate positions..................... 2066, 2622, 2959, 2990 HB 627-- Fulton County; change a certain provision relating to the dissolution of the district................................................. 2067, 2623, 2762, 2774, 2780 HB 628-- Walker, Dade and Catoosa Counties; board of hospital authority; revise method of filling vacancies........................ 2067, 2623, 2959, 2990 HB 629-- Kennesaw, City of; provide new charter .............................. 2067, 2623, 2762, 2775, 2780 HB 630-- Polk County; board of elections and registration; provide for districts ............................................................... 2067, 2623, 2762, 2775, 2780 HB 631-- Polk County Water Authority; change certain provisions relating to appointment, taking of office, and terms of office of members .............................................................. 2067, 2624 HB 632-- Dougherty County; Albany, City of; Joint CountyMunicipal Board of Registration and Elections; provide for appointment of members............................................................ 2068, 2624 INDEX 4085 HB 633-- Powder Springs, City of; change description of wards ........ 2650, 2661, 2959, 2990 HB 634-- Powder Springs, City of; provide for city council terms and qualifications for office .................................................. 2068, 2624, 2959, 2990 HB 635-- Dodge County-Eastman Development Authority; change membership and terms of office ............................... 2068, 2624, 2628, 2636, 2643 HB 636-- Heart of Georgia Regional Airport Authority; abolish authority ................................................................................ 2068, 2625, 2628, 2637, 2643 HB 638-- Cobb Judicial Circuit; supplement paid to judges of superior court and additional supplement to chief judge; provide .................................................................................. 2069, 2625, 2762, 2775, 2780 HB 639-- Stone Mountain Judicial Circuit; increase amount of supplement for judges of superior court ............................... 2069, 2625, 2628, 2637, 2643 HB 640-- Glennville, City of; change description of wards ................. 2651, 2661, 2762, 2776, 2780 HB 641-- Cobb County; office of tax commissioner; change compensation of certain employees ...................................... 2069, 2626, 2762, 2776, 2780 HB 642-- Brookhaven, City of; clarify provisions regarding terms of office of mayor ................................................................. 2069, 2626, 2762, 2776, 2778, 2780, 3001 HB 653-- Sumter County State Court; change compensation of judge...................................................................................... 2651, 2662, 2959, 2991 HB 655-- Brantley County Airport Authority; transfer all assets, property, and legal rights and obligations to Brantley County.............................................................................................. 2780, 2788 HB 661-- Taylor County; board of elections and registration; create ..................................................................................... 3000, 3009, 3601, 3661, 3687 4086 INDEX HOUSE RESOLUTIONS HR 4-- Georgia and Tennessee; boundary dispute; propose settlement ............................................................................ 238, 243, 342, 414, 2645, 2660, 2912 HR 6-- House convened; notify Senate ..................................................................... 51 HR 8-- Joint session; message from Governor .............................................. 51, 62, 77 HR 10-- Joint session; message from Chief Justice of Supreme Court ................................................................................................ 51, 63, 191 HR 12-- Adjournment; relative to .................................................................... 52, 96, 97 HR 46-- State highway system; dedicate certain portions .................. 1338, 1348, 1660, 1661, 2965, 2970, 3071 HR 50-- Adjournment; relative to ..................................................... 107, 120, 145, 206, 266, 808, 1016 HR 73-- Word, Mr. Lathan Rydell; compensate................................. 1460, 1473, 1658, 1661, 2079, 2795, 2955, 3090, 3604 HR 107-- Joint Study Committee on Medicaid Reform; create ........... 1411, 1473, 1659, 1661, 2965 HR 203-- State auditor; provide for nomination and election ..................... 172, 187, 205 HR 205-- Property; conveyance of certain state owned real property; authorize .................................................................... 910, 917, 1547, 1609, 1699, 1700, 2719 HR 274-- Department of Army; consider socioeconomic impact the Programmatic Environmental Assessment for Army 2020 Force Restructuring will have on Fort Benning, Georgia; request .......................................................................................... 944 HR 281-- Tift County; named in honor of the late Henry Harding Tift; provide ............................................................................. 944, 953, 1030, 1088, 1506, 1514 HR 411-- State highway system; dedicate certain portions .................. 1338, 1348, 1660, 1661, 2796, 2955, 3012 HR 502-- Joint Study Committee on Mental Health Access; create .... 1339, 1348, 1547, 1609, 2965, 2979, 3073 HR 548-- Adjournment; relative to ....................................................... 1015, 1330, 1454, 1595 INDEX 4087 HR 603-- Community Health, Department of; collect and report certain data relating to bariatric surgical procedures; direct ..................................................................................... 1456, 1473, 1604, 1661, 2796, 2956 HR 738-- Adjournment; relative to ........................................................ 1556, 1595, 2614 4088 INDEX PART III ALPHABETIC INDEX A AD VALOREM TAX (ALSO SEE TAXATION AND REVENUE) Ad Valorem Tax; clarify which types of interests in real property; subject to taxation ...............................................................................................................HB 399 Ad Valorem Tax; requirements for land classified as bona fide conservation use property; provide revision...........................................................HB 197 Ad valorem Tax; state and local title fees; revise provisions...................................HB 80 Ad Valorem; homestead exemption; White County school district; educational purposes............................................................................................... SB 201 Bona Fide Conservation Use Property; provide farm weddings/participation; not constitute a breach of covenant ................................. SB 145 Freeport Exemption; clarify applicability to fertilizer production processes .................................................................................................................HB 304 Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate; law regarding state and local title ad valorem tax fees; revise provisions .....................................................................................................HB 266 Motor Vehicle Licenses; ad valorem tax purposes; revise and change taxation regarding certain apportioned vehicles registered under the International Registration Plan ..............................................................................HB 463 Selling/Other Trade Practices; motor vehicles; custom design specifications; modify provisions ........................................................................... SB 166 ADJOURNMENT Adjournment; relative to...........................................................................................HR 12 Adjournment; relative to...........................................................................................HR 50 Adjournment; relative to.........................................................................................HR 548 Adjournment; relative to.........................................................................................HR 738 ADMINISTRATIVE PROCEDURE Fireworks; authorize possession/transportation of consumer fireworks and authorize the sale; local governing authority of municipalities/counties ............... SB 229 "Hospital Medicaid Financing Program Act"; enact ................................................ SB 24 ADMINISTRATIVE SERVICES, DEPARTMENT OF Public Works Contracts; governmental entities and Department of Administrative Services; provide certain contracting and bidding requirements ...........................................................................................................HB 362 State Purchasing; provide preference for qualified business enterprises; owned/controlled by disabled veterans/disabled law enforcement officers ........... SB 149 INDEX 4089 ADOPTION Adoption; provide post adoption contact agreements ..............................................HB 21 AGEL, SR.; JOHN FREDERICK; addressed the Senate .................................. Page 922 AGRICULTURE Agricultural Commodity Commission for Beef; create; membership; powers....................................................................................................................... SB 97 Agricultural Commodity Commission for Georgia Grown Products; create.......................................................................................................................HB 298 Agricultural Products Dealers; remove eggs from definition of "agricultural products"; provisions .........................................................................HB 268 "Emerging Crops Fund Act"; repeal......................................................................... SB 91 Freeport Exemption; clarify applicability to fertilizer production processes .................................................................................................................HB 304 Roadside Markets Incentive Program; repeal........................................................... SB 87 Tobacco; provide regulation of cigar wraps ...........................................................HB 256 AIRPORT DEVELOPMENT AUTHORITY, GEORGIA "Partnership for Public Facilities and Infrastructure Act"; enact ........................... SB 255 ALBANY, CITY OF Albany, City of; levy an excise tax.........................................................................HB 233 Dougherty County; Albany, City of; Joint County-Municipal Board of Registration and Elections; provide for appointment of members.........................HB 632 ALCOHOLIC BEVERAGES Alcohol; local control of distance requirements of grocery stores and other licensees for retail sale of wine and malt beverages near college campuses; provide ..................................................................................................HB 517 Alcoholic Beverages; limited exceptions to the three-tier system for the distribution/sale....................................................................................................... SB 174 Alcoholic Beverages; provide for retail dealers/retail consumption dealers to offer samples; provide terms and conditions...................................................... SB 169 Alcoholic Beverages; provide for the licensing of the production of distilled spirits; educational purposes by non-profit museums .............................. SB 240 Alcoholic Beverages; sale; make certain changes to requirements........................HB 124 Drivers' Licenses; mandatory ignition interlock devices following second conviction driving under influence of alcohol or drugs; modify provisions..........HB 407 Malt Beverages; change amount produced by a person in his or her private residence .......................................................................................................HB 99 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 4090 INDEX ALCOHOLISM, DRUG DEPENDENCY OR ABUSE Mental Health; authorize licensed professional counselor to perform certain acts; secure certification................................................................................ SB 65 ALIMONY AND CHILD SUPPORT Uniform Interstate Family Support Act; update ..................................................... SB 193 AMERICUS, CITY OF Americus-Sumter County Land Bank Authority; create ........................................HB 602 ANIMALS Game and Fish; regulate practice of falconry.........................................................HB 274 Livestock; provide for regulation of importation of white-tailed deer from other states; breeding purposes ............................................................................... SB 230 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 APPEAL AND ERROR Appeal and Error; limit the scope of judgments/orders; child custody cases; direct appeal ................................................................................................. SB 204 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 APPEAL OR CERTIORARI BY STATE: CRIMINAL CASES Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 APPLING COUNTY Appling County; Board of Commissioners; change description of districts..........HB 433 Appling County; Board of Education; change description of districts...................HB 432 Appling County; board of elections; create............................................................HB 552 Property; authorize conveyance of certain state owned real property....................HR 205 APPROPRIATIONS AND FISCAL AFFAIRS Budget Report; require certain items to be included in tax expenditure review .....................................................................................................................HB 454 General Appropriations; State Fiscal Year July 1, 2013 - June 30, 2014 ..............HB 106 Supplemental Appropriations; State Fiscal Year July 1, 2012 June 30, 2013 ..........................................................................................................HB 105 INDEX 4091 ARLINGTON Arlington, City of; provide duties of mayor ...........................................................HB 278 ARREST OF PERSONS Criminal Procedure; the issuance of arrest and search warrants by video conference; revise provisions .................................................................................HB 146 ARTS Georgia Council for the Arts; clarify role of arts in economic development and other vital functions to the state .................................................HB 338 ATHENS, CITY OF Athens-Clarke County; chief magistrate judge; provide nonpartisan elections ..................................................................................................................HB 252 Athens-Clarke County; probate judge; provide nonpartisan elections...................HB 253 ATLANTA JUDICIAL CIRCUIT Atlanta Judicial Circuit; provide for selection of chief judge ................................HB 437 ATLANTA, CITY OF Atlanta, City of; Board of Education; change description of districts ...................HB 241 Metropolitan Atlanta Aerotropolis Development Authority; create ......................HB 545 AUDITS AND ACCOUNTS, DEPARTMENT OF State Auditor; provide for nomination and election ...............................................HR 203 AUTHORITIES Education; Georgia Medical Center Authority; abolish.........................................HB 513 Metropolitan Atlanta Aerotropolis Development Authority; create ......................HB 545 Oconee River Greenway Authority; change the membership................................HB 177 AVIATION Ad Valorem Tax; types of interests in real property may be subject to taxation; clarify.......................................................................................................HB 399 Gasoline and Aviation Fuel; temporary suspension of the collection of taxes; provide legislative findings; provisions .......................................................HB 210 Mass Transportation; installation of safety markers on utility lines to provide adequate visual warning in use of private airstrips; provide.....................HB 494 Sales and Use Tax; exemption regarding sale or use of engines, parts, equipment or other property used in maintenance of certain aircraft; extend sunset...........................................................................................................HB 164 4092 INDEX B BAIL; BONDS AND RECOGNIZANCES Criminal Procedure; relieve a surety from liability under certain circumstances.......................................................................................................... SB 225 DNA Sampling, Collection, and Analysis; persons arrested for felony offenses ................................................................................................................... SB 135 BAINBRIDGE City of Bainbridge Public Facilities Authority Act; enact .....................................HB 600 BALDWIN COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 BANKING AND FINANCE Banking; secured transactions; change/provide for definitions; electronic chattel paper; provisions ......................................................................................... SB 185 Contracts; collection of closing fees; advance of money/extension of credit ....................................................................................................................... SB 139 Funds Transfers; Uniform Commercial Code and federal law; clarify the relationship between certain provisions .................................................................HB 289 Mortgage Broker; licensing requirements; licensed real estate brokers and salespersons assisting in a short sale real estate transaction; exempt................HB 83 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 BANKS COUNTY Banks County; board of elections and registration; create .....................................HB 223 BARTOW COUNTY State Highway System; dedicate certain portions ..................................................HR 411 BEN HILL COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 BIBB COUNTY Bibb County; Civil Service Board; Civil Service System; provide for award of attorney's fee under certain conditions ....................................................HB 570 Bibb County; Civil Service System and Civil Service Board; define a certain term; provisions ..........................................................................................HB 470 Bibb County; provide for future elections for office of coroner, judge of said court; chief magistrate judge; probate judge ..................................................... SB 26 INDEX 4093 Bibb County; provide future nonpartisan elections for office of probate judge ......................................................................................................................... SB 32 Bibb County; State Court; provide additional judge ..............................................HB 273 Bibb County State Court; provide additional judge ...............................................HB 569 Board of Public Education and Orphanage for Bibb County; certification and levy of the school tax; provisions .................................................................... SB 247 Board of Public Education for Bibb County; nonpartisan elections of members.................................................................................................................... SB 30 Civil Court of Bibb County; nonpartisan election of the judge................................ SB 27 Macon, City of; City of Payne City; Bibb County; nonpartisan elections of mayor and commissioners .................................................................................... SB 25 Macon, City of; Payne City, City of; Bibb County; change provisions relative to initial budgets ........................................................................................HB 571 Macon, City of; Payne City, City of; Bibb County; remove City of Payne City from consolidated charter; change provisions to initial budgets ....................HB 514 Macon-Bibb County Community Enhancement Authority; define category IV poverty area ........................................................................................HB 410 Macon-Bibb County Water and Sewerage Authority Act; nonpartisan election for the members .......................................................................................... SB 31 Magistrate Court of Bibb County; provide future elections for chief magistrate judge........................................................................................................ SB 29 Property; authorize conveyance of certain state owned real property....................HR 205 State Highway System; dedicate certain portions ..................................................HR 411 BISHOP, U.S. CONGRESSMAN SANFORD; addressed the Senate ............... Page 275 BLASTING OR EXCAVATING NEAR UTILITY FACILITIES Blasting or Excavating Near Utility Facilities; revise/add definitions ................... SB 117 BLIND PERSONS Special Needs Students; provide waiver of one of the scholarship requirements under certain conditions......................................................................HB 70 BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Public Property; writing off small amounts due to the state; change certain provisions......................................................................................................HB 45 Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia...........................................HB 287 BOATS, MARINE EQUIPMENT AND FACILITIES; REGISTRATION, OPERATION, AND SALE OF WATERCRAFT "Georgia Boat Safety Act"; numbering and registration of vessels; revise provisions................................................................................................................HB 497 4094 INDEX "Kyle Glover Boat Education Law" and "Jake and Griffin BUI Law"; provide for greater public protection for hunting and boating ............................... SB 136 BOXING, PROFESSIONAL Georgia Athletic and Entertainment Commission; appointment of an executive director.................................................................................................... SB 129 Georgia Athletic and Entertainment Commission; revise the method of appointments........................................................................................................... SB 153 BRANTLEY COUNTY Brantley County Airport Authority; transfer all assets, property, and legal rights and obligations to Brantley County..............................................................HB 655 BROOKHAVEN, CITY OF Brookhaven, City of; clarify provisions regarding terms of office of mayor ......................................................................................................................HB 642 Brookhaven, City of; provide a definition for the governing authority; provisions................................................................................................................HB 614 BROOKS COUNTY State Highway System; dedicate certain portions ....................................................HR 46 BUILDINGS AND HOUSING Firearms; regulate the sale, use and possession in this state .................................. SB 101 BURKE COUNTY State Highway System; dedicate certain portions ..................................................HR 411 BUSINESS AND OCCUPATION TAXES Local excise tax; sale or use of energy; revise certain provisions..........................HB 250 Taxation/Revenue; add public transit to authorized purposes for proceeds of excise taxes........................................................................................................... SB 92 BUTTS COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 C CALHOUN Calhoun, City of; levy an excise tax ......................................................................HB 471 INDEX 4095 CALHOUN COUNTY Arlington, City of; provide duties of mayor ...........................................................HB 278 State Highway System; dedicate certain portions ..................................................HR 411 CAMPAIGN AND FINANCIAL DISCLOSURE Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 143 CAMPUS POLICEMEN Campus Police Officers; repeal a portion of a definition based upon population classification .........................................................................................HB 539 CARDIOPULMONARY RESUSCITATION Temporary Medical Consent Guardianship; Physician Order for Life-sustaining Treatment; change certain signatures ............................................ SB 158 CARLTON, CITY OF Carlton, City of; provide for a new charter ............................................................ SB 253 CARROLL COUNTY Pleasant Eugene Holt Memorial Highway; Paulding/Carroll County; dedicate ................................................................................................................... SR 579 State Highway System; dedicate certain portions ..................................................HR 411 CATOOSA COUNTY Sergeant John A. Franklin Memorial Intersection; Catoosa County; dedicate ................................................................................................................... SR 383 Walker, Dade and Catoosa Counties; board of hospital authority; revise method of filling vacancies.....................................................................................HB 628 CHAMBLEE, CITY OF Chamblee, City of; change corporate limits of city................................................HB 619 CHAPLAINS OF THE DAY Bolling, Mr. Bill................................................................................................. Page 1089 Bronner, Bishop Dale .......................................................................................... Page 217 Cason, Reverend Jimmy ...................................................................................... Page 415 Cooper, Dr. David................................................................................................ Page 233 Davis, Major Blair L. ........................................................................................... Page 111 Davis, Senator Hardie ............................................................................................ Page 62 Franklin, Pastor Jentzen ..................................................................................... Page 1501 Franklin, Reverend Mike ................................................................................... Page 1349 Glover, Pastor Walter .......................................................................................... Page 863 4096 INDEX Harris, Pastor Chuck ............................................................................................ Page 304 Henderson, Reverend Robert............................................................................... Page 167 Howard, Minister David .................................................................................... Page 2960 Ingram, Pastor Carey ......................................................................................... Page 1611 Ivey, Reverend Melvin ........................................................................................ Page 144 Keller, Reverend Marti ........................................................................................ Page 816 Lang, Pastor Benjamin....................................................................................... Page 1032 Leslie, Reverend Paul .......................................................................................... Page 144 Lewis, Reverend Sharma ..................................................................................... Page 922 Ligon, Sr., Pastor William T.............................................................................. Page 1548 McMichael, Reverend Anthony......................................................................... Page 1475 Moore, Reverend George..................................................................................... Page 136 Murriel, Reverend Kevin R. ................................................................................ Page 258 O'Neal, Pastor Derrell ......................................................................................... Page 275 O'Quinn, Brother Al ............................................................................................ Page 246 Oglesby, Father Keith ........................................................................................ Page 2629 Pentz, Dr. Victor .................................................................................................. Page 890 Ponder, Reverend Ulysses ................................................................................... Page 956 Pope, Pastor William ......................................................................................... Page 2763 Price, Reverend Nelson........................................................................................ Page 153 Priester, Reverend Guy ........................................................................................ Page 161 Rodgers, Reverend Michael................................................................................. Page 187 Staton, Senator Cecil............................................................................................ Page 202 Swearinger, Pastor Adrienne ............................................................................. Page 2059 Tate, Pastor Benny ................................................................................................... Page 1 Wages, Pastor Phil ............................................................................................... Page 128 Watson, Pastor Dennis ........................................................................................... Page 68 Westbrook, Major Scott ..................................................................................... Page 1520 Wicker, Reverend Stafford ................................................................................ Page 1662 Wood, Reverend Randy ....................................................................................... Page 102 Yoder, Reverend Claire ......................................................................................... Page 77 Youssef, Dr. Michael ........................................................................................... Page 344 CHARLTON COUNTY Charlton County; Board of Education; change provisions relating to compensation of members ......................................................................................HB 508 CHATHAM COUNTY Magistrate Court of Chatham County; provide chief magistrate shall appoint any pro tempore magistrates...................................................................... SB 256 Property; authorize conveyance of certain state owned real property....................HR 205 INDEX 4097 CHATTAHOOCHEE JUDICIAL CIRCUIT Chattahoochee Judicial Circuit; Oconee Judicial Circuit; provide for additional judge ......................................................................................................HB 451 Chattahoochee Judicial Circuit; provide for selection of chief judge ....................HB 506 CHATTOOGA COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 CHEROKEE COUNTY Cherokee County State Court; charge technology fee for each civil case filed and each criminal fine imposed......................................................................HB 450 Cherokee County; board of commissioners; candidates shall have resided within district for period of 12 months preceding election ....................................HB 544 State Highway System; dedicate certain portions ..................................................HR 411 CHILD CUSTODY Child's Health Insurance Information and Records; provide that both parents have equal access ........................................................................................... SB 1 CHIROPRACTORS Chiropractors; revise the definition of the practice of chiropractic........................ SB 261 CIVIL PRACTICE Civil Practice; personal service of summons on a corporation; provisions............ SB 113 Civil Practice; motor vehicle tort claims; provide certain pre-suit offers ..............HB 336 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia...........................................HB 287 CLARKE COUNTY Athens-Clarke County; chief magistrate judge; provide nonpartisan elections ..................................................................................................................HB 252 Athens-Clarke County; probate judge; provide nonpartisan elections...................HB 253 CLAYTON COUNTY Clayton County School System; repeal Act creating a code of ethics and ethics commission...................................................................................................HB 591 CLERKS, SUPERIOR COURT Superior Courts; filings in the clerk's office; change provisions............................HB 215 CLEVELAND Cleveland, City of; provide new charter.................................................................HB 584 4098 INDEX COBB COUNTY Cobb County Commission on Children and Youth; provide annual report ...........HB 281 Cobb County State Court; change compensation of judges ...................................HB 603 Cobb County; office of tax commissioner; change compensation of certain employees ...................................................................................................HB 641 Cobb County; Probate Court; change compensation of chief deputy sheriff and others ....................................................................................................HB 588 Cobb Judicial Circuit; provide supplement paid to judges of superior court and additional supplement to chief judge......................................................HB 638 Probate Court of Cobb County; change the compensation; chief deputy, the chief investigator, and executive assistant to the sheriff .................................. SB 260 COBB JUDICIAL CIRCUIT Cobb Judicial Circuit; provide supplement paid to judges of superior court and additional supplement to chief judge......................................................HB 638 CODE OF GEORGIA Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 COFFEE COUNTY Coffee County; re-establish Board of Commissioners ...........................................HB 224 COIN OPERATED AMUSEMENT MACHINES Revenue and Taxation; transfer responsibility of coin operated machines from Department of Revenue to Georgia Lottery Corporation; provisions ...........HB 487 COLBERT, CITY OF Colbert, City of; provide for staggered, four-year terms of office for mayor and council...................................................................................................HB 558 COLLEGES Alcohol; local control of distance requirements of grocery stores and other licensees for retail sale of wine and malt beverages near college campuses; provide ..................................................................................................HB 517 Campus Police Officers; repeal a portion of a definition based upon population classification .........................................................................................HB 539 HOPE; grant at technical college or university institutions; revise eligibility.................................................................................................................HB 372 Tuition Equalization Grants; private colleges and universities; nursing; provisions................................................................................................................HB 293 INDEX 4099 COLLINS, U.S. CONGRESSMAN DOUG; addressed the Senate.................... Page 305 COLUMBIA COUNTY Columbia County; health insurance program; revise the time for vesting for certain officials..................................................................................................HB 578 COLUMBUS, CITY OF Columbus, City of; make certain stylistic changes to charter ................................HB 415 Columbus, City of; make certain stylistic changes to charter ................................HB 417 Columbus, City of; personnel review board; change certain provisions................HB 416 Columbus, City of; Recorder's Court; impose and collect technology fee for each fine imposed..............................................................................................HB 556 Columbus, City of; "Redevelopment Powers Law"; exercise and provide referendum..............................................................................................................HB 414 Property; authorize conveyance of certain state owned real property....................HR 205 COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (ALSO SEE HIGHWAYS) State Highway System; dedicate certain portions ....................................................HR 46 State Highway System; dedicate certain portions ..................................................HR 411 COMMERCE AND TRADE Ad Valorem Tax; clarify which types of interests in real property; subject to taxation ...............................................................................................................HB 399 Contracts; collection of closing fees; advance of money/extension of credit ....................................................................................................................... SB 139 Electronic Transactions; provide that no entity shall be prohibited from making self-help documents; not a substitute for advice of a professional............ SB 209 Fair Business Practices Act; prohibited telemarketing and Internet activities; change provisions...................................................................................HB 150 "Georgia Self-service Storage Facility Act of 2013"; change the due date for monthly rental payments ..................................................................................... SB 61 Georgia World Congress Center Authority; provide benefit programs to its officers, employees, and other agents................................................................HB 246 Invest Georgia Fund; create.................................................................................... SB 224 Seed-Capital Fund; create the Invest Georgia Fund; provisions ............................HB 318 Selling/Other Trade Practices; motor vehicles; custom design specifications; modify provisions ........................................................................... SB 166 COMMERCE, CITY OF City of Commerce Public Facilities Authority Act; enact......................................HB 623 4100 INDEX COMMERCIAL CODE Banking; secured transactions; change/provide for definitions; electronic chattel paper; provisions ......................................................................................... SB 185 Funds Transfers; Uniform Commercial Code and federal law; clarify the relationship between certain provisions .................................................................HB 289 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 COMMISSIONS Agricultural Commodity Commission for Georgia Grown Products; create.......................................................................................................................HB 298 Citizens' Redistricting Commission; establishment ............................................... SR 222 Crimes/Offenses; children who have been sexually exploited; provisions; create Safe Harbor for Sexually Exploited Children Fund Commission ............... SB 233 Georgia Government Transparency and Campaign Finance Commission; funding ....................................................................................................................... SR 7 COMMISSIONS AND OTHER AGENCIES Georgia Council for the Arts; clarify role of arts in economic development and other vital functions to the state .................................................HB 338 COMMITTEE ON ASSIGNMENTS Appointments to Standing Committees ................................................................. Page 24 BEACH; appointed Ex-Officio to Insurance and Labor; March 14 .................. Page 1605 BETHEL; appointed Ex-Officio to Economic Development; February 20 ........ Page 340 BETHEL; appointed Ex-Officio to Ethics; March 22 ....................................... Page 2614 BURKE; appointed Ex-Officio to Economic Development; February 20 .......... Page 341 BURKE; Standing Committee Appointments ..................................................... Page 219 DUGAN; appointed Ex-Officio to Insurance and Labor; March 19 ................. Page 1606 GINN; appointed Ex-Officio to State and Local Governmental Operations; February 27 .......................................................................................................... Page 920 GOOCH; appointed Ex-Officio to Banking and Financial Institutions; March 14 ............................................................................................................ Page 1603 HILL, H.; appointed Ex-Officio to Retirement ................................................... Page 146 HILL, JUDSON; appointed Ex-Officio to Health and Human Services ............. Page 147 JACKSON, B.; appointed Ex-Officio to Transportation ..................................... Page 148 JAMES; appointed Ex-Officio to Banking and Financial Institutions; March 14 ............................................................................................................ Page 1603 JEFFARES; appointed Ex-Officio to Insurance and Labor; March 19 ............. Page 1607 LOUDERMILK; appointed Ex-Officio to Education and Youth; February 21 .......................................................................................................... Page 413 LOUDERMILK; appointed Ex-Officio to Education and Youth; February 28 .......................................................................................................... Page 953 INDEX 4101 MILLER; appointed Ex-Officio to Public Safety sub-committee; February 25 .......................................................................................................... Page 851 MILLER; appointed Ex-Officio to Committee on Assignments........................... Page 23 MULLIS; appointed Ex-Officio to Insurance and Labor; March 4 ................... Page 1067 MURPHY; appointed Ex-Officio to Public Safety sub-committee; February 25 .......................................................................................................... Page 851 SEAY; appointed Ex-Officio to Transportation .................................................. Page 148 STATON; appointed Ex-Officio to Committee on Assignments.......................... Page 23 TIPPINS; appointed Ex-Officio to State and Local Governmental Operations; February 27....................................................................................... Page 920 TOLLESON; appointed to Committee on Assignments ....................................... Page 23 UNTERMAN; appointed Ex-Officio to Finance ................................................. Page 918 UNTERMAN; appointed to Committee on Assignments ..................................... Page 23 WILKINSON; appointed Ex-Officio to Economic Development; February 20 .......................................................................................................... Page 341 COMMITTEES Brewpubs and Alcoholic Beverage Tastings; create Senate Study Committee............................................................................................................... SR 427 Georgia Program Integrity Joint Study Committee; create .................................... SR 348 Insurance; establish the Georgia Health Insurance Marketplace Authority ............. SB 46 Joint Study Committee on Medicaid Reform; create .............................................HR 107 Public Health, Department of; required to establish the Maternal Mortality Review Committee to review maternal deaths....................................... SB 273 Senate Automobile Insurance Verification and Enforcement Study Committee; create ................................................................................................... SR 510 Senate Free Hunting and Fishing Licenses for Veterans Study Committee; create ................................................................................................... SR 499 Senate Human Embryonic Research Study Committee; create ............................. SR 642 Senate Public-Private Partnership Study Committee; create.................................. SR 598 Senate Select Study Committee on Erin's Law; create........................................... SR 623 Senate Study Committee on Public Transportation in the Metropolitan Atlanta Region; create ............................................................................................ SR 618 COMMITTEES, STANDING APPOINTMENTS Appointments to Standing Committees ................................................................. Page 24 BURKE; Standing Committee Appointments ..................................................... Page 219 HILL, H.; appointed Ex-Officio to Retirement ................................................... Page 146 HILL, JUDSON; appointed Ex-Officio to Health and Human Services ............. Page 147 JACKSON, B.; appointed Ex-Officio to Transportation ..................................... Page 148 SEAY; appointed Ex-Officio to Transportation .................................................. Page 148 SHAFER; communication, Standing Committee Appointments ........................ Page 139 UNTERMAN; appointed Ex-Officio to Finance ................................................. Page 918 4102 INDEX SESSION MEETING APPOINTMENTS BEACH; appointed Ex-Officio to Insurance and Labor; March 14 .................. Page 1605 BETHEL; appointed Ex-Officio to Economic Development; February 20 ........ Page 340 BETHEL; appointed Ex-Officio to Ethics; March 22 ....................................... Page 2614 BURKE; appointed Ex-Officio to Economic Development; February 20 .......... Page 341 DUGAN; appointed Ex-Officio to Insurance and Labor; March 19 ................. Page 1606 GINN; appointed Ex-Officio to State and Local Governmental Operations; February 27 .......................................................................................................... Page 920 GOOCH; appointed Ex-Officio to Banking and Financial Institutions; March 14 ............................................................................................................ Page 1603 JAMES; appointed Ex-Officio to Banking and Financial Institutions; March 14 ............................................................................................................ Page 1603 JEFFARES; appointed Ex-Officio to Insurance and Labor; March 19 ............. Page 1607 LOUDERMILK; appointed Ex-Officio to Education and Youth; February 21 .......................................................................................................... Page 413 LOUDERMILK; appointed Ex-Officio to Education and Youth; February 28 .......................................................................................................... Page 953 MILLER; appointed Ex-Officio to Public Safety sub-committee; February 25 .......................................................................................................... Page 851 MULLIS; appointed Ex-Officio to Insurance and Labor; March 4 ................... Page 1067 MURPHY; appointed Ex-Officio to Public Safety sub-committee; February 25 .......................................................................................................... Page 851 TIPPINS; appointed Ex-Officio to State and Local Governmental Operations; February 27....................................................................................... Page 920 WILKINSON; appointed Ex-Officio to Economic Development; February 20 .......................................................................................................... Page 341 COMMUNITY AFFAIRS, DEPARTMENT OF Community Affairs, Department of; comprehensive plans of local government; revise the minimum elements............................................................ SB 104 COMMUNITY HEALTH, DEPARTMENT OF Community Health, Department of; directed to collect and report certain data relating to bariatric surgical procedures..........................................................HR 603 Fulton County; increase homestead exemption amount to $60,000 after three-year phase in period; provide ........................................................................HB 541 Georgia Board of Pharmacy and Georgia Board of Dentistry; provide administratively attached to Department of Community Health............................HB 132 COMPENSATION RESOLUTIONS Word, Mr. Lathan Rydell; compensate ....................................................................HR 73 INDEX 4103 CONSERVATION AND NATURAL RESOURCES Ad Valorem Tax; requirements for land classified as bona fide conservation use property; provide revision...........................................................HB 197 Coastal Waters, Beaches and Sand Dunes; Department of Natural Resources to issue letters of permission; establish authority .................................HB 402 Community Affairs, Department of; comprehensive plans of local government; revise the minimum elements............................................................ SB 104 Evidence; professional forestry; Department of Public Health; AIDS; provisions....................................................................................................................HB 3 "Flint River Drought Protection Act"; clarify legislative intent; revise definitions; expand programs ................................................................................. SB 213 Forest Resources; shorten the legal season for harvesting ginseng.......................... SB 81 Georgia Environmental Finance Authority; expand Georgia Reservoir Fund ........................................................................................................................HB 199 Georgia Geospatial Advisory Council; reestablish; membership; duties................. SB 11 Georgia Legacy Program; create; conservation funding mechanisms; operation ................................................................................................................. SB 210 Natural Resources, Department of; include an exemption for restoration of certain barns; promote Georgia tourist destinations........................................... SB 194 Natural Resources, Department of; department creation and operation of a nonprofit corporation; revise provisions..............................................................HB 381 Natural Resources, Department of; Georgia Hazardous Waste Management Authority; change certain procedures regarding appropriations .........................................................................................................HB 276 Natural Resources, Department of; required to notify local governing authorities before making certain significant changes in park service...................HB 189 Oconee River Greenway Authority; change the membership................................HB 177 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Park Rangers; any person obstructing or hindering the lawful discharge of official duties; prohibit ...........................................................................................HB 126 Public Officers; provide automatic fee adjustment in cases where funds are not appropriated in certain amounts for specified purposes .............................HB 127 Solid Waste Management; certain compliant inert waste landfills from additional regulatory permitting; exempt ...............................................................HB 320 Solid Waste Management; tire transportation, storage, and disposal; revise certain requirements .....................................................................................HB 226 Special License Plates; add supporting the Appalachian Trail Conservancy ...........................................................................................................HB 104 Surface Mining; revise a definition ........................................................................ SB 156 Waste Management; hazardous waste sites; enrollment, participation, administration; revise provisions............................................................................ SB 176 4104 INDEX CONSTITUTIONAL AMENDMENTS Citizens' Redistricting Commission; establishment ............................................... SR 222 Counties; re-creation of a previously existing county merged into another county accomplished by law; number of counties limited ..................................... SR 273 Courts; state-wide grand juries; provide..................................................................... SR 6 General Assembly; authorize to provide by law for pari-mutuel wagering in horse racing......................................................................................................... SR 217 General Assembly; provide by law for additional fees; Safe Harbor for Sexually Exploited Children Fund ......................................................................... SR 416 General Assembly; provide by law; dedication of revenues collected; sale of fireworks; funding of trauma care/firefighter services in state of Georgia ................................................................................................................... SR 378 General Assembly; provide dedication of revenue from the regulation of athletic/entertainment events used for certain purposes ......................................... SR 691 General Assembly; provide fixed sum for funding the Georgia Ethics Commission ............................................................................................................. SR 13 General Assembly; provide for the proceeds of one or more lottery games to benefit military veterans ..................................................................................... SR 528 Georgia Government Transparency and Campaign Finance Commission; funding ....................................................................................................................... SR 7 "Health Care Freedom of Choice Constitutional Amendment" ............................... SR 99 Income Taxes; limit authority of the General Assembly to impose taxes on income.................................................................................................................... SR 8 Local Option Sales and Use Tax; provide for comprehensive revision ................. SR 277 Paramount Right to Life; this state shall recognize human beings as persons at any state of development ...................................................................... SR 420 Public Initiative Referendums; provide for procedures, number of signatures required, verification methods............................................................... SR 692 Sale Tax Limitations; prohibit any additional sales taxes; prohibit raising the rate of sales taxes currently in effect ................................................................ SR 412 Taxes; increase in state income tax rate prohibited ................................................ SR 415 Taxpayer Protection Amendment of 2011; provide for limitations on state government taxation/expenditures.......................................................................... SR 594 Taxpayer Protection Amendment of 2011; tax and expenditure limitations.......... SR 438 Technical College System of Georgia; authorize the General Assembly; limitations on the amount of tuition receiving lottery funded scholarships ........... SR 184 U.S. Congress; making renewed application to call for a convention for purpose of proposing an amendment to U.S. Constitution..................................... SR 371 CONTRACTS Contracts; collection of closing fees; advance of money/extension of credit ....................................................................................................................... SB 139 INDEX 4105 Contracts; new chapter that provides for notice of automatic renewal provisions in service contracts; enact .....................................................................HB 234 Public Contracts; contracting and bidding requirements........................................ SB 168 Public Contracts; if sealed competitive proposal requested/price or project cost not a selection factor; no bid bond shall be required .......................... SB 179 Public Employers; provide annual report relative to compliance with certain laws; provide for certain report to Dept. of Audits and Accounts.............. SB 160 Public Works Contracts; governmental entities and Department of Administrative Services; provide certain contracting and bidding requirements ...........................................................................................................HB 362 CONTROLLED SUBSTANCES Controlled Substances; add substances included under Schedule I and III............HB 302 Controlled Substances; change date of incorporation of local ordinances by reference ............................................................................................................HB 187 Controlled Substances; definition of Schedule I; expand.........................................HB 57 Controlled Substances; revise the definition of "prescriber".................................. SB 134 Counterfeit Substances; possession, manufacture, delivery, distribution; revise definition and penalty................................................................................... SB 133 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 Pharmacies; use of remote order entry by hospital pharmacies; revise a provision ................................................................................................................. SB 216 Physician Assistants; authorize a physician to delegate to a physician assistant the authority to prescribe Schedule II controlled substances................... SB 268 CONYERS, CITY OF Conyers, City of; election/term of office of the mayor and councilmembers; repeal certain provisions ............................................................ SB 222 CORDELE Cordele, City of; increase excise tax ......................................................................HB 529 CORNELIA Cornelia, City of; provide new charter ...................................................................HB 466 CORONERS Coroners; investigation fees; change certain provisions ........................................ SB 226 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Corporations, Partnership and Associations; there shall not be a penalty; member of U.S. armed forces/national guard; annual registration ........................ SB 244 Nonprofit Organizations; exclude certain events from "food service establishment" definition ........................................................................................HB 101 4106 INDEX CORRECTIONS, BOARD OF AND DEPARTMENT OF Corrections, Department of; State Board of Pardon and Paroles; former certified employees may retain their board issued weapon under certain circumstances; provide ...........................................................................................HB 482 COSMETOLOGISTS Cosmetologists; modify the requirements for continuing education........................ SB 64 Professions/Businesses; provide definition for "psychological testing" ................ SB 211 COUNTIES Counties; support of paupers; provide for cremation as an alternative for deceased indigents .................................................................................................... SB 83 County Boards of Health; population relative to superintendent of largest municipal school system in certain counties serving on board of health ex officio; repeal provision..........................................................................................HB 538 County Law Libraries; receipt and disbursement of funds by counties having a population of 950,000; repeal and reserve Code section .........................HB 536 Elections; counties utilize a chief executive officer/county commission form of government; nonpartisan elections .............................................................. SB 95 Public Employers; provide annual report relative to compliance with certain laws; provide for certain report to Department of Audits and Accounts ................................................................................................................. SB 160 Sheriffs; revise general qualification requirements ................................................HB 139 Trial Juries; oath of bailiffs; change provisions .....................................................HB 161 COUNTY BOARDS OF HEALTH County Boards of Health; population relative to superintendent of largest municipal school system in certain counties serving on board of health ex officio; repeal provision..........................................................................................HB 538 COURTS Atlanta Judicial Circuit; provide for selection of chief judge ................................HB 437 Chattahoochee Judicial Circuit; Oconee Judicial Circuit; provide for additional judge ......................................................................................................HB 451 Chattahoochee Judicial Circuit; provide for selection of chief judge ....................HB 506 Cobb Judicial Circuit; provide supplement paid to judges of superior court and additional supplement to chief judge......................................................HB 638 Courts; increase penalties imposed for contempt of superior and state courts......................................................................................................................... SB 66 Courts; juvenile proceedings; substantially revise, supersede, and modernize provisions..............................................................................................HB 242 Courts; state-wide grand juries; provide..................................................................... SR 6 INDEX 4107 Crimes/Offenses; children who have been sexually exploited; provisions; create Safe Harbor for Sexually Exploited Children Fund Commission ............... SB 233 Firearms; certain laws regarding carrying and possession by retired judges; provide exemption........................................................................................HB 60 Fulton County Superior Court; provide administrator shall have oversight of budget .................................................................................................................HB 441 Georgia Driver's Education Commission; additional sums collected on fines; extend the sunset provisions ......................................................................... SB 231 Juvenile Court Administration; rehearing on the order of an associate court judge; delete provisions; appointment of judge pro tempore........................HB 182 Juvenile Justice Department; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Probate Courts; provide for prosecuting attorneys in counties where there is no state court ....................................................................................................... SB 120 Public Officers; provide automatic fee adjustment in cases where funds are not appropriated in certain amounts for specified purposes .............................HB 127 Sheriffs; revise general qualification requirements ................................................HB 139 State Courts, Solicitors-General of; part-time solicitor-general; engage in private practice of law; not represent defendants in criminal matters in such solicitor-general's state court ............................................................................ SB 96 Stone Mountain Judicial Circuit; increase amount of supplement for judges of superior court ..........................................................................................HB 639 Superior Courts; filings in the clerk's office; change provisions............................HB 215 Superior Courts; provide for additional judge of the Chattahoochee Judicial Circuit........................................................................................................ SB 165 Trial Juries; oath of bailiffs; change provisions .....................................................HB 161 CRAWFORD COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 CRIMES AGAINST THE PERSON Family Violence Order; provide greater protection of victims of family violence..................................................................................................................... SB 86 Kidnapping; require certain businesses and establishments post a model notice to enable persons who are the subject of human trafficking to obtain help and services..........................................................................................HB 141 Offenses Against Public Order and Safety; define certain terms; prohibit possession of an assault weapon............................................................................. SB 146 CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; change certain provisions relating to criminal abortion........................... SB 37 4108 INDEX Brady Law Regulations; prohibit the purchase/sale of hand guns and long guns on state property ............................................................................................. SB 219 Controlled Substances; add substances included under Schedule I and III............HB 302 Controlled Substances; change date of incorporation of local ordinances by reference ............................................................................................................HB 187 Controlled Substances; definition of Schedule I; expand.........................................HB 57 Controlled Substances; revise the definition of "prescriber".................................. SB 134 Counterfeit Substances; possession, manufacture, delivery, distribution; revise definition and penalty................................................................................... SB 133 Crimes and Offenses; certain veterans organizations may sell certain pull tab games of chance; define certain terms.............................................................. SB 272 Crimes and Offenses; criminal damage to property in second degree; include security cameras........................................................................................... SB 53 Crimes and Offenses; disabled adults and elder persons; expand protection; change provisions...................................................................................HB 78 Crimes and Offenses; duty to retreat prior to the use of force in self-defense; provisions .......................................................................................... SB 147 Crimes and Offenses; list of persons who may be present in courtroom when person under age of 16 testifies concerning a sex offense; add victim assistance personnel.....................................................................................HB 480 Crimes/Offenses; children who have been sexually exploited; provisions; create Safe Harbor for Sexually Exploited Children Fund Commission ............... SB 233 Crimes/Offenses; define parameters for the use of unmanned aircraft in surveillance activities by private persons/law enforcement officers ...................... SB 200 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 "Elementary School Protection Act"; enact............................................................ SB 138 Family Violence Order; provide greater protection of victims of family violence..................................................................................................................... SB 86 Firearms; authorize persons between the ages of 18 and 21 to carry under certain circumstances; provide issuance of a permit ................................................ SB 74 Firearms; carrying/possession for persons possessing valid weapons carry licenses; provide exemption from the application of certain laws ......................... SB 188 Firearms; certain laws regarding carrying and possession by retired judges; provide exemption........................................................................................HB 60 Firearms; provide that information relating to persons issued weapons carry licenses shall be confidential ......................................................................... SB 197 Fireworks; authorize possession/transportation of consumer fireworks and authorize sale; local governing authority of municipalities/counties .............. SB 229 Forgery and Fraudulent Practices; identity fraud; add medical identity fraud ........................................................................................................................ SB 170 Group-care Facility Operators; persons otherwise issued licenses as provided by law; provide exceptions; require certain employees to have fingerprint record checks ........................................................................................HB 350 INDEX 4109 Gun Buy-Back Program; no public funds shall be expended by the state ............. SB 198 Interstate Cooperation; provide for delegation from the State of Georgia to certain conventions ............................................................................................. SB 206 Kidnapping; require certain businesses and establishments post a model notice to enable persons who are the subject of human trafficking to obtain help and services..........................................................................................HB 141 Labor Organizations; membership; provide for definitions; provide statement of rights under federal law; provisions...................................................HB 361 Offenses against Minors; sexual conduct and technology; modernize provisions of Code..................................................................................................HB 156 Offenses Against Public Order and Safety; define certain terms; prohibit possession of an assault weapon............................................................................. SB 146 Offenses Against Public Order and Safety; firearm; federal law/regulation; provisions ........................................................................................ SB 88 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Park Rangers; any person obstructing or hindering the lawful discharge of official duties; prohibit ...........................................................................................HB 126 Pharmacies; use of remote order entry by hospital pharmacies; revise a provision ................................................................................................................. SB 216 Physician Assistants; authorize a physician to delegate a physician assistant the authority to prescribe Schedule II controlled substances................... SB 268 Property; foreclosure of security deeds; revise provisions ..................................... SB 108 Public Order and Safety, Offenses Against; persons who are ineligible for weapons carry licenses; change provisions ............................................................ SB 161 Public Order and Safety; prohibit possession of an assault weapon; provide penalties ....................................................................................................... SB 33 Public Order and Safety; unlawful for a mentally incompetent person to possess a handgun; penalties .................................................................................... SB 34 Revenue and Taxation; transfer responsibility of coin operated machines from Department of Revenue to Georgia Lottery Corporation; provisions ...........HB 487 Rules of the Road; change age of a child constituting child endangerment............. SB 58 "Safe Carry Protection Act"; enact .........................................................................HB 512 Sexual Offender Registration Review Board; authorize, review and utilize records of Board of Pardons and Paroles in making assessments ...............HB 122 Tobacco; provide regulation of cigar wraps ...........................................................HB 256 Wiretapping; interception of wire or oral transmissions by law enforcement; change provisions ...............................................................................HB 55 CRIMINAL PROCEDURE Crimes and Offenses; list of persons who may be present in courtroom when person under age of 16 testifies concerning a sex offense; add victim assistance personnel.....................................................................................HB 480 4110 INDEX Crimes/Offenses; define parameters for the use of unmanned aircraft in surveillance activities by private persons/law enforcement officers ...................... SB 200 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 Criminal Procedure; notification regarding certain assistance available pursuant to federal law............................................................................................ SB 232 Criminal Procedure; relieve a surety from liability under certain circumstances.......................................................................................................... SB 225 Criminal Procedure; the issuance of arrest and search warrants by video conference; revise provisions .................................................................................HB 146 DNA Sampling, Collection, and Analysis; persons arrested for felony offenses ................................................................................................................... SB 135 Family Violence Order; provide greater protection of victims of family violence..................................................................................................................... SB 86 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 CRIMINAL PROSECUTIONS; DEFENSES Crimes and Offenses; duty to retreat prior to the use of force in self-defense; provisions .......................................................................................... SB 147 Crimes/Offenses; children who have been sexually exploited; provisions; create Safe Harbor for Sexually Exploited Children Fund Commission ............... SB 233 CRISP COUNTY Crisp County; Board of Commissioners; change descriptions of districts.............HB 220 CULLODEN Culloden, City of; provide elections and terms of members of city council..........HB 431 D DADE COUNTY Walker, Dade and Catoosa Counties; board of hospital authority; revise method of filling vacancies.....................................................................................HB 628 DANIELSVILLE Danielsville, City of; provide for staggered, four-year terms for mayor and council..............................................................................................................HB 557 DANSUA, HONORABLE AKUA SENA; addressed the Senate ..................... Page 1475 DANVILLE Danville, Town of; provide new charter.................................................................HB 467 INDEX 4111 DAVISBORO Davisboro, City of; provide new charter ................................................................HB 585 DAWSON Dawson-Terrell County Airport Authority; change membership ..........................HB 624 DEAF PERSONS Special Needs Students; provide waiver of one of the scholarship requirements under certain conditions......................................................................HB 70 DEBTOR AND CREDITOR "Uniform Fraudulent Transfers Act"; provide for a definition; transfers to charitable organizations; clarify provisions............................................................ SB 105 DEKALB COUNTY Brookhaven, City of; terms of office of mayor; clarify provisions........................HB 642 Brookhaven, City of; provide a definition for the governing authority; provisions................................................................................................................HB 614 DeKalb County School System; provide a code of ethics...................................... SB 237 DeKalb County; levy an excise tax ........................................................................HB 613 DeKalb, City of; DeKalb County; incorporate ....................................................... SB 277 Lakeside, City of; DeKalb County; incorporate ..................................................... SB 270 Lavista Hills, City of; DeKalb County; incorporate............................................... SB 275 Stonecrest, City of; DeKalb County; incorporate................................................... SB 278 DEMOREST Demorest, City of; provide corporate limits of city shall include certain property...................................................................................................................HB 609 DENTISTS AND DENTAL HYGIENISTS Georgia Board of Pharmacy and Georgia Board of Dentistry; provide administratively attached to Department of Community Health............................HB 132 DEVELOPMENT AUTHORITIES LAW Local Government; define area of operation of a development authority.............. SB 228 DIGITAL EQUIPMENT AND COMPUTERS Offenses against Minors; sexual conduct and technology; modernize provisions of Code..................................................................................................HB 156 DISABLED PERSONS; ADULTS AND ELDER PERSONS Crimes and Offenses; disabled adults and elder persons; expand protection; change provisions...................................................................................HB 78 4112 INDEX Probation of First Offenders; person disqualified from employment when discharged as felony offender; add private home care providers to list ................. SB 207 DISEASES AND METABOLIC DISORDERS; HAZARDOUS CONDITIONS Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements ........................................................................ SB 85 DISTILLED SPIRITS Alcoholic Beverages; provide for retail dealers/retail consumption dealers to offer samples; provide terms and conditions...................................................... SB 169 Alcoholic Beverages; provide for the licensing of the production of distilled spirits for educational purposes by non-profit museums.......................... SB 240 Alcoholic Beverages; sale; make certain changes to requirements........................HB 124 DOCTORS OF THE DAY Allan, Dr. Kathy S. .............................................................................................. Page 129 Anderson, Dr. Larry W. ......................................................................................... Page 77 Barber, Dr. James W............................................................................................ Page 867 Blake, Dr. B. David ............................................................................................. Page 246 Bohlke, Dr. W. Scott.......................................................................................... Page 2763 Cobb, Dr. D. Keith.......................................................................................Pages 344, 805 Collier, Jr., Dr. Millard J............................................................................... Pages 63, 217 Dalal, Dr. Snehal C. ........................................................................................... Page 1501 Gilbert, Dr. Samuel A. ........................................................................................ Page 303 Hagues, Dr. Michael D. ..................................................................................... Page 1662 Heath, Dr. Diane L. ............................................................................................. Page 111 Holton, Dr. Benjamin R. ...................................................................................... Page 102 Jarrard, Dr. Stephen ............................................................................................ Page 202 Kaufmann, Dr. Robert ........................................................................................... Page 49 Krishnan, Dr. Indran ............................................................................................ Page 167 LeClair, Dr. Bruce M. .......................................................................................... Page 161 Lynn, Dr. Thaddeus K. .............................................................................Pages 233, 1611 Malone, Dr. K. Scott ............................................................................................ Page 153 Marler, Dr. R. Philip .............................................................................................. Page 71 McCollam, Dr. Stephen M................................................................................... Page 850 Munna, Dr. Rana K.............................................................................................. Page 275 Olson, Dr. Maureen ............................................................................................. Page 144 Parrish, Jr., Dr. Ramon O. ................................................................................. Page 1549 Rojas-Molina, Dr. Daniela................................................................................... Page 258 Ruark, Dr. Randall J. ........................................................................................... Page 956 Schaufler, Dr. Margaret D. ................................................................................ Page 2960 Schiff, Dr. Patty J............................................................................................... Page 2629 Shrestha, Dr. Roshan ........................................................................................... Page 187 INDEX 4113 Silcox III, Dr. Hal D. ........................................................................................... Page 906 Smith, Dr. James L. ........................................................................................... Page 1089 Sy, Dr. Johnny L. ............................................................................................... Page 1521 Thomas, Dr. Don ............................................................................................... Page 1356 Watson, Dr. Matthew J. ..................................................................................... Page 1475 Williams, Dr. Rhonda O. ..................................................................................... Page 956 Young, Dr. Edward H ........................................................................................ Page 2058 Zoller, Dr. Michael .............................................................................................. Page 138 DODGE COUNTY Dodge County-Eastman Development Authority; change membership and terms of office ..................................................................................................HB 635 Heart of Georgia Regional Airport Authority; abolish authority ...........................HB 636 DOMESTIC RELATIONS Adoption; provide post adoption contact agreements ..............................................HB 21 Child's Health Insurance Information and Records; provide that both parents have equal access ........................................................................................... SB 1 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Uniform Interstate Family Support Act; update ..................................................... SB 193 DOOLY COUNTY Dooly County; Board of Education; provide for compensation of members..................................................................................................................HB 587 DOUGHERTY COUNTY Dougherty County; Albany, City of; Joint County-Municipal Board of Registration and Elections; provide for appointment of members.........................HB 632 Property; authorize conveyance of certain state owned real property....................HR 205 DOUGLAS COUNTY Douglas County; levy an excise tax .......................................................................HB 543 Douglas County; reconstitute the board; composition ........................................... SB 251 DRIVERS LICENSES (ALSO SEE MOTOR VEHICLES AND TRAFFIC) Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 Drivers' Licenses; authorize commissioner to enter into reciprocal agreements on behalf of Georgia for recognition of licenses issued by foreign territories ....................................................................................................HB 475 Drivers' Licenses; authorize the issuance of a temporary driving permit; noncitizen applicant whose license has expired; filed extension ........................... SB 122 4114 INDEX Drivers' Licenses; mandatory ignition interlock devices following second conviction driving under influence of alcohol or drugs; modify provisions..........HB 407 Drivers' Licenses; prohibit persons convicted of felonies against victims who are minors from driving school and charter buses............................................ SB 84 Elections; Secretary of State; modify the training of certain election registrars and superintendents of elections ............................................................. SB 102 DRIVING UNDER THE INFLUENCE, DUI Drivers' Licenses; mandatory ignition interlock devices following second conviction driving under influence of alcohol or drugs; modify provisions..........HB 407 E EARLY COUNTY Arlington, City of; provide duties of mayor ...........................................................HB 278 EASTMAN, CITY OF Dodge County-Eastman Development Authority; change membership and terms of office ..................................................................................................HB 635 Heart of Georgia Regional Airport Authority; abolish authority ...........................HB 636 ECONOMIC DEVELOPMENT, DEPARTMENT OF Georgia Tourism Foundation; change the membership ......................................... SB 177 EDUCATION Alcohol; local control of distance requirements of grocery stores and other licensees for retail sale of wine and malt beverages near college campuses; provide ..................................................................................................HB 517 Board of Education; pension board recompute pension to teachers and employees who retired prior to April 1, 1955, and who had been awarded a pension for 20 years' service in counties of 500,000 population ........................HB 540 Campus Police Officers; repeal a portion of a definition based upon population classification .........................................................................................HB 539 Career and Technical Education Advisory Commission; reestablish; membership............................................................................................................. SB 100 Celebrate Freedom Week; establish; posting of historical documents..................... SB 68 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 Curriculum Content Standards Advisory Council; establishment; review/revise competencies/content standards ....................................................... SB 203 Education; authorize public/private schools to stock a supply of auto-injectable epinephrine..................................................................................... SB 195 INDEX 4115 Education; board of regents shall establish a process; academic credit for/exemption from required coursework for veterans........................................... SB 150 Education; board of regents shall establish a process; receiving educational benefits; may pay tuition in installments ............................................ SB 151 Education; change designations from North Georgia College to the University of North Georgia ..................................................................................... SB 82 Education; change the ages of mandatory education................................................ SB 21 Education; declare certain actions void ab initio relating to adoption of certain curricula ...................................................................................................... SB 167 Education; determining eligibility ages for participation in educational programs shall be December ................................................................................... SB 22 Education; Georgia Medical Center Authority; abolish.........................................HB 513 Education; include cyber bullying in the definition of "bullying" ......................... SB 279 Education; no high school which receives state funding shall participate in athletic association; classifying schools for purposes of athletic competition ............................................................................................................. SB 215 Education; performance data of students in certain placements; treated as a single local education agency .............................................................................. SB 115 Education; permit proprietary institutions of higher education to participate in establishing college/career academies .............................................. SB 189 Education; provide for a ROTC grant; eligibility and amounts ............................. SB 266 Education; provide the civil rights museum as a division of the Georgia Capitol Museum...................................................................................................... SB 172 Education; raise the age of mandatory education from 16 to 17 .............................. SB 79 Education; require Department of Early Care and Learning to provide certain information to owners of early care and education programs ....................HB 354 Education; require schools to provide training in cardiopulmonary resuscitation ............................................................................................................ SB 212 Education; require that the Quality Basic Education Formula is fully funded by the General Assembly.............................................................................. SB 42 Education; scholarships, loans, and grants; revise certain definitions ..................... SB 17 Education; student scholarship organization; definitions; change certain provisions................................................................................................................ SB 243 Education; student scholarship organizations; provide certain records subject to open records laws ..................................................................................... SB 77 Education; tuition equalization grants, HOPE scholarships, and grants; revise certain definitions......................................................................................... SB 109 Education; update and revise terminology; provisions ..........................................HB 283 Elementary and secondary education; annual performance evaluations; revise certain provisions .........................................................................................HB 244 Elementary and Secondary Education; authorize public and private schools to stock supply of auto-injectable epinephrine ..........................................HB 337 "Elementary School Protection Act"; enact............................................................ SB 138 4116 INDEX Fire Protection/Safety; require every public/private school, early care and education program to have carbon monoxide detectors/warning ............................ SB 89 "Flexibility and Accountability Act for Student Achievement"; enact ..................HB 327 Georgia Firefighters' Pension Fund; change amount of dues required ..................HB 238 Georgia Foundation for Public Education; state board donations, gifts and other property held in trust; authorize transfer .......................................................HB 116 Georgia Higher Education Assistance Corporation; change membership to accommodate Fourteenth Congressional District............................................... SB 155 "Georgia Leadership and Service Admissions Act"; provide for leadership/service recognition of students.............................................................. SB 241 Georgia Student Finance Authority; legislative findings; definitions; tuition grant assistance certain students attending Military Junior College of Georgia ............................................................................................................... SB 262 Georgia Student Finance Commission; board of commissioners; Georgia Student Finance Authority; board of directors; verification of lawful presence; provide exemptions.................................................................................HB 324 Georgia's Pre-K Program; include at least 180 school days; eligible four-year olds are served .......................................................................................... SB 43 Group-care Facility Operators; persons otherwise issued licenses as provided by law; provide exceptions; require certain employees to have fingerprint record checks ........................................................................................HB 350 Health Insurance Plans; authorize local school boards; health insurance coverage from a private provider for public school teacher and employees .......... SB 267 HOPE Scholarships; amount shall be accepted as full payment of tuition by University System of Georgia institutions......................................................... SB 107 HOPE; grant at technical college or university institutions; revise eligibility.................................................................................................................HB 372 HOPE; lower the minimum cumulative grade point average required for maintaining eligibility............................................................................................... SB 59 HOPE; provide dual credit courses; treated the same as advanced placement and international baccalaureate courses for determining eligibility.................................................................................................................HB 131 Joint Study Committee on Mental Health Access; create ......................................HR 502 Juvenile Justice Department; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 Local Boards of Education; interventions determined by State Board of Education; school board member removal proceedings......................................... SB 271 Local Boards of Education; members; revise qualifications ................................. SB 114 Local Boards of Education; population provision prohibiting certain members from holding other offices; repeal...........................................................HB 537 Local Boards of Education; suspension and removal of members upon potential loss of accreditation; revise provisions....................................................HB 115 INDEX 4117 Motor Fuel Excise Tax; public school systems under certain circumstances; exempt............................................................................................HB 211 "Nonpublic Postsecondary Educational Institutions Act of 1990"; provide authorization to operate by means of accreditation for institutions that meet certain requirements.......................................................................................HB 184 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 "Parent and Teacher Empowerment Act"; enact ....................................................HB 123 "Parent Charter School Trigger Act"; enact; petitions to convert charter schools to traditional public schools....................................................................... SB 162 Physicians; continuing education requirements licensed to practice orthotics or prosthetics; revise provisions ................................................................HB 68 Public Property; writing off small amounts due to the state; change certain provisions......................................................................................................HB 45 "Return to Play Act of 2013"; enact .......................................................................HB 284 "Safe Carry Protection Act"; enact .........................................................................HB 512 Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia...........................................HB 287 Special Needs Students; provide waiver of one of the scholarship requirements under certain conditions......................................................................HB 70 State Board of the Technical College System of Georgia; provide for the designation of community colleges ........................................................................ SB 103 Teachers Retirement System of Georgia; clarify and consolidate the definitions of "teacher" ...........................................................................................HB 345 Technical College System of Georgia; authorize the General Assembly; limitations on the amount of tuition receiving lottery funded scholarships ........... SR 184 Torts; governing authority of school that enters into recreational joint-use agreement with public or private entity; limit liability...........................................HB 382 Tuition Equalization Grants; private colleges and universities; nursing; provisions................................................................................................................HB 293 "Universal Kindergarten Mandate For Early Starts Act"; change ages of mandatory education................................................................................................. SB 57 Zell Miller Scholar; change the requirements ........................................................ SB 112 Zell Miller Scholar; revise the definition ............................................................... SB 111 EDUCATION COORDINATING COUNCIL; OFFICE OF ACCOUNTABILITY Career and Technical Education Advisory Commission; reestablish; membership............................................................................................................. SB 100 EDUCATION, DEPARTMENT OF AND STATE BOARD OF Georgia Foundation for Public Education; state board donations, gifts and other property held in trust; authorize transfer .......................................................HB 116 "Parent and Teacher Empowerment Act"; enact ....................................................HB 123 4118 INDEX ELBERTON Elberton, City of; change description of election districts .....................................HB 147 ELDERLY Crimes and Offenses; disabled adults and elder persons; expand protection; change provisions...................................................................................HB 78 ELECTIONS Election; change time periods for advance voting.................................................... SB 50 Election; provide that all offices state shall be elected on a partisan basis ............ SB 184 Elections and Primaries; nonpartisan elections of clerks of superior court ............... SB 4 Elections and Primaries; nonpartisan elections; county commissioners ................... SB 7 Elections and Primaries; nonpartisan elections; district attorneys ............................. SB 5 Elections and Primaries; nonpartisan elections; sheriffs ........................................... SB 6 Elections and Primaries; nonpartisan elections; solicitors-general ........................... SB 9 Elections and Primaries; nonpartisan elections; tax commissioners, tax receivers, and tax collectors........................................................................................ SB 8 Elections and Primaries; provide for nonpartisan elections; district attorneys, solicitors-general, sheriffs, tax commissioners .......................................... SB 3 Elections; authorize use of boundaries of a restricted access residential community as boundaries of a precinct ....................................................................HB 87 Elections; counties utilize a chief executive officer/county commission form of government; nonpartisan elections .............................................................. SB 95 Elections; ethics in government; revise definitions; provisions .............................HB 310 Elections; nonpartisan election of district attorneys, solicitors-general, sheriffs, coroners....................................................................................................... SB 55 Elections; population brackets and the census for approval of bonded debt; repeal certain provisions................................................................................HB 400 Elections; provide for election day voter registration and voting ............................ SB 44 Elections; provide for nonpartisan election of coroners; qualifying ........................ SB 54 Elections; Secretary of State; modify the training of certain election registrars and superintendents of elections ............................................................. SB 102 "Ethics in Government Act"; revise; change name to Georgia Ethics Commission .............................................................................................................. SB 49 Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 142 Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 143 Local Boards of Education; interventions determined by State Board of Education; school board member removal proceedings......................................... SB 271 Public Officials' Conduct and Lobbyist Disclosure; limit the value of gratuitous transfers.................................................................................................... SB 36 Voting; change the time periods for advance voting ................................................ SB 45 INDEX 4119 ELECTRIC UTILITIES AND ELECTRICAL SERVICE "The Georgia Cogeneration and Distributed Generation Act of 2001"; provisions.................................................................................................................. SB 51 ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS Professions and Businesses; provide certain military certifications shall entitle persons to obtain certain professional licenses in this state ........................HB 188 Professions/Businesses; license requirements for low-voltage electrical contracting .............................................................................................................. SB 265 State Construction Industry Licensing Board; require; provide for reciprocity with other states; licensing of electrical contractors ............................ SB 246 ELECTRONIC RECORDS AND SIGNATURES Electronic Transactions; provide that no entity shall be prohibited from making self-help documents; not a substitute for advice of a professional............ SB 209 ELECTRONIC TECHNOLOGY, TRANSMISSIONS Criminal Procedure; the issuance of arrest and search warrants by video conference; revise provisions .................................................................................HB 146 ELLENTON Ellenton, City of; election and powers of city councilmembers; change certain provisions....................................................................................................HB 440 EMANUEL COUNTY State Highway System; dedicate certain portions ..................................................HR 411 EMERGENCY MEDICAL SERVICES Mental Health; provide for authorization of ambulance personnel to transport certain mentally ill patients ..................................................................... SB 186 EMERSON Emerson, City of; provide new charter...................................................................HB 247 EMINENT DOMAIN Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 EMPLOYMENT SECURITY Employment Security; benefits not paid to noncitizen who are not employed legally......................................................................................................... SB 2 4120 INDEX Employment Security; benefits; noncitizen who are not employed legally ........... SB 245 Employment Security; provide changes to the determination of eligibility for unemployment benefits ..................................................................................... SB 227 ENERGY Income Tax Credit; clean energy property; include certain commercial geothermal heat pumps .............................................................................................HB 34 Local excise tax; sale or use of energy; revise certain provisions..........................HB 250 ENGINEERS AND LAND SURVEYORS Highways, Bridges, and Ferries; performing value engineering studies; provide requirements ..............................................................................................HB 202 ENIGMA Enigma, City of; provide four-year terms for mayor and city council...................HB 340 ENVIRONMENTAL FACILITIES AUTHORITY Georgia Environmental Finance Authority; expand Georgia Reservoir Fund ........................................................................................................................HB 199 Georgia Legacy Program; create; conservation funding mechanisms; operation ................................................................................................................. SB 210 ENVIRONMENTAL PROTECTION Solid Waste Management; certain compliant inert waste landfills from additional regulatory permitting; exempt ...............................................................HB 320 Solid Waste Management; tire transportation, storage, and disposal; revise certain requirements .....................................................................................HB 226 EQUITY Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 ESTATES Uniform Rule Against Perpetuities; validity of nonvested property interest/power of appointment; provisions ............................................................. SB 159 ETHICS IN GOVERNMENT Elections; ethics in government; revise definitions; provisions .............................HB 310 "Ethics in Government Act"; revise; change name to Georgia Ethics Commission .............................................................................................................. SB 49 Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 142 INDEX 4121 Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 143 Ethics in Government; prohibit lobbyists from giving gifts in excess of a certain value to public officers ................................................................................. SB 48 Public Officials' Conduct and Lobbyist Disclosure; limit the value of gratuitous transfers.................................................................................................... SB 36 EUHARLEE Euharlee, City of; provide new charter...................................................................HB 334 EVIDENCE Crimes and Offenses; disabled adults and elder persons; expand protection; change provisions...................................................................................HB 78 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 Evidence; professional forestry; Department of Public Health; AIDS; provisions....................................................................................................................HB 3 Juvenile Justice, Department of; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 F FAIRBURN Fairburn, City of; authorize exercise all redevelopment and other powers under the "Redevelopment Powers Law" ...............................................................HB 319 Fairburn, City of; remove millage caps on ad valorem taxation of real and personal property ....................................................................................................HB 321 FAMILY-PLANNING SERVICES "Hospital Medicaid Financing Program Act"; enact ................................................ SB 24 FANNIN COUNTY State Highway System; dedicate certain portions ..................................................HR 411 FARMS AND FARM PRODUCTS Agricultural Commodity Commission for Beef; create; membership; powers....................................................................................................................... SB 97 Agricultural Commodity Commission for Georgia Grown Products; create.......................................................................................................................HB 298 Agricultural Products Dealers; remove eggs from definition of "agricultural products"; provisions .........................................................................HB 268 4122 INDEX Freeport Exemption; clarify applicability to fertilizer production processes .................................................................................................................HB 304 Roadside Markets Incentive Program; repeal........................................................... SB 87 FEDERAL GOVERNMENT Funds Transfers; Uniform Commercial Code and federal law; clarify the relationship between certain provisions .................................................................HB 289 Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate; law regarding state and local title ad valorem tax fees; revise provisions .....................................................................................................HB 266 Natural Resources, Department of; department creation and operation of a nonprofit corporation; revise provisions..............................................................HB 381 Patient Protection and Affordable Care Act; provide licensing of health insurance navigators ...............................................................................................HB 198 Torts; provide payor guidelines and criteria under federal law shall not establish legal basis for negligence or standard of care for medical malpractice..............................................................................................................HB 499 Unified Carrier Registration Act of 2005; transfer administration responsibilities from Department of Revenue to Department of Public Safety ......................................................................................................................HB 255 FINANCIAL INSTITUTIONS Contracts; collection of closing fees; advance of money/extension of credit ....................................................................................................................... SB 139 Mortgage Broker; licensing requirements; licensed real estate brokers and salespersons assisting in a short sale real estate transaction; exempt................HB 83 FINES AND FORFEITURES Crimes/Offenses; children who have been sexually exploited; provisions; create Safe Harbor for Sexually Exploited Children Fund Commission ............... SB 233 Georgia Driver's Education Commission; additional sums collected on fines; extend the sunset provisions ......................................................................... SB 231 Public Officers; provide automatic fee adjustment in cases where funds are not appropriated in certain amounts for specified purposes .............................HB 127 FIRE DEPARTMENTS Georgia Firefighters' Pension Fund; change definition of term "firefighter"; creditable service for certain prior service........................................ SB 192 Georgia Firefighters' Pension Fund; change the definition of the term "firefighter"; creditable service............................................................................... SB 235 FIRE PROTECTION AND SAFETY Blasting or Excavating Near Utility Facilities; revise/add definitions ................... SB 117 INDEX 4123 Fire Protection/Safety; require every public/private school and early care and education program to have carbon monoxide detectors/warning ..................... SB 89 Fireworks; authorize possession/transportation of consumer fireworks and authorize sale; local governing authority of municipalities/counties .............. SB 229 Georgia Firefighters' Pension Fund; change definition of term "firefighter"; creditable service for certain prior service........................................ SB 192 Georgia Firefighters' Pension Fund; change the definition of the term "firefighter"; creditable service............................................................................... SB 235 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 FIREARMS Corrections, Department of; State Board of Pardon and Paroles; former certified employees may retain their board issued weapon under certain circumstances; provide ...........................................................................................HB 482 Firearms; certain laws regarding carrying and possession by retired judges; provide exemption........................................................................................HB 60 Firearms; regulate the sale, use and possession in this state .................................. SB 101 "Safe Carry Protection Act"; enact .........................................................................HB 512 FIREFIGHTERS PENSION FUND, GEORGIA Georgia Firefighters' Pension Fund; change amount of dues required ..................HB 238 Georgia Firefighters' Pension Fund; change definition of term "firefighter"; creditable service for certain prior service........................................ SB 192 Georgia Firefighters' Pension Fund; change the definition of the term "firefighter"; creditable service............................................................................... SB 235 FIREWORKS Fireworks; authorize possession/transportation of consumer fireworks and authorize sale; local governing authority of municipalities/counties .............. SB 229 FLOYD COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 FOOD, DRUGS, AND COSMETICS Controlled Substances; change date of incorporation of local ordinances by reference ............................................................................................................HB 187 Controlled Substances; definition of Schedule I; expand.........................................HB 57 Elementary and Secondary Education; authorize public and private schools to stock supply of auto-injectable epinephrine ..........................................HB 337 Georgia Board of Pharmacy and Georgia Board of Dentistry; provide administratively attached to Department of Community Health............................HB 132 4124 INDEX Juvenile Justice Department; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 Nonprofit Organizations; exclude certain events from "food service establishment" definition ........................................................................................HB 101 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Pharmacies; The Pharmacy Audit Bill of Rights; change certain provisions................................................................................................................HB 179 Pharmacies; use of remote order entry by hospital pharmacies; revise a provision ................................................................................................................. SB 216 Pharmacists and Pharmacies; add and revise definitions; revise requirements for license transfers for pharmacists licensed in another jurisdiction ..............................................................................................................HB 209 Pharmacists/Pharmacies; revise the definition of "security paper" ........................ SB 132 FORECLOSURE Property; provide that choses in action for legal malpractice are not assignable; vacant/foreclosed real property registries; revise provisions...............HB 160 FOREST PARK Forest Park, City of; councilmember votes for calling special meeting; change number............................................................................................................HB 5 FOREST RESOURCES Evidence; professional forestry; Department of Public Health; AIDS; provisions....................................................................................................................HB 3 Forest Resources; shorten the legal season for harvesting ginseng.......................... SB 81 Georgia Legacy Program; create; conservation funding mechanisms; operation ................................................................................................................. SB 210 Special License Plates; add supporting the Appalachian Trail Conservancy ...........................................................................................................HB 104 FORGERY AND FRAUDULENT PRACTICES Forgery and Fraudulent Practices; identity fraud; add medical identity fraud ........................................................................................................................ SB 170 FORSYTH COUNTY Forsyth County; Board of Education; change compensation of chairperson and members .......................................................................................HB 479 State Highway System; dedicate certain portions ....................................................HR 46 FORT OGLETHORPE, CITY OF Fort Oglethorpe, City of; change the corporate limits............................................ SB 259 INDEX 4125 FREEPORT Freeport Exemption; clarify applicability to fertilizer production processes .................................................................................................................HB 304 FULTON COUNTY Board of Commissioners of Fulton County; change the description of the commissioner districts ............................................................................................ SB 248 Dekai Amonrasi Memorial Bridge; Fulton County; dedicate .................................. SR 73 Fulton County Magistrate Court; provide successor to chief judge currently serving shall be appointed by Governor .................................................HB 443 Fulton County Personnel Board and Fulton County Merit System of Personnel Administration; all future employees other than public safety employees shall be unclassified; provisions...........................................................HB 594 Fulton County State Court; change compensation of chief judge..........................HB 435 Fulton County State Court; provide administrator shall have oversight of budget .....................................................................................................................HB 442 Fulton County Superior Court; increase amount of supplement for judges...........HB 444 Fulton County Superior Court; provide administrator shall have oversight of budget .................................................................................................................HB 441 Fulton County; Board of Commissioners; change description of districts.............HB 171 Fulton County; board of elections and registration; revise manner of appointment of members ........................................................................................HB 347 Fulton County; change a certain provision relating to the dissolution of the district ...............................................................................................................HB 627 Fulton County; employed after July 1, 2013, to serve the Superior Court, Magistrate Court or State Court shall be employees at will; provide ....................HB 598 Fulton County; increase homestead exemption amount to $60,000 after three-year phase in period; provide ........................................................................HB 541 Fulton County; provide appointment of tax commissioner....................................HB 346 Fulton County; provide Board of Education; shall be the retirement and pension plan sponsor and funding agent of such plan ............................................HB 380 Fulton County; provide dates on which governing authority may make or fix certain levies of ad valorem taxes .....................................................................HB 604 North Fulton Regional Radio System Authority Act; enact...................................HB 526 G GAME AND FISH Firearms; regulate the sale, use and possession in this state .................................. SB 101 Game and Fish; definition of "game fish"; revise ....................................................HB 36 Game and Fish; licensing and operation of shooting preserves; revise provisions................................................................................................................HB 155 4126 INDEX Game and Fish; regulate practice of falconry.........................................................HB 274 "Kyle Glover Boat Education Law" and "Jake and Griffin BUI Law"; provide for greater public protection for hunting and boating ............................... SB 136 Licenses; authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters ................................................................................HB 207 Licenses; provide military veterans shall be entitled to a free lifetime sportsman's license; conditions................................................................................. SB 75 Livestock; provide for regulation of importation of white-tailed deer from other states; breeding purposes ............................................................................... SB 230 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Wildlife; authorize the use of suppressors on hunting firearms under certain circumstances................................................................................................ SB 93 GAS, GASOLINE, AND GAS SERVICES Gasoline and Aviation Fuel; temporary suspension of the collection of taxes; provide legislative findings; provisions .......................................................HB 210 Public Utilities; provide venue for actions against gas companies ........................HB 194 GEABASHE, THANDEKA LUTHULI; recognized ......................................... Page 344 GENERAL ASSEMBLY Adjournment; relative to...........................................................................................HR 12 Adjournment; relative to...........................................................................................HR 50 Adjournment; relative to.........................................................................................HR 548 Adjournment; relative to.........................................................................................HR 738 Career and Technical Education Advisory Commission; reestablish; membership............................................................................................................. SB 100 Citizens' Redistricting Commission; create; membership; duties .......................... SB 152 Citizens' Redistricting Commission; establishment ............................................... SR 222 Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 142 Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 143 General Appropriations; State Fiscal Year July 1, 2013 - June 30, 2014 ..............HB 106 General Assembly; all official communications; officers, members, or employees; electronic format.................................................................................... SB 60 General Assembly; authorize to provide by law for pari-mutuel wagering in horse racing ........................................................................................................ SR 217 General Assembly; general provisions ................................................................... SB 175 General Assembly; provide by law; dedication of revenues collected; sale of fireworks; funding of trauma care/firefighter services in state of Georgia ................................................................................................................... SR 378 INDEX 4127 Georgia Program Integrity Joint Study Committee; create .................................... SR 348 House convened; notify Senate ..................................................................................HR 6 Interstate Cooperation; provide for delegation from the State of Georgia to certain conventions ............................................................................................. SB 206 Joint Session; message from Chief Justice of Supreme Court .................................HR 10 Joint Session; message from Governor ......................................................................HR 8 Joint Study Committee on Medicaid Reform; create .............................................HR 107 Joint Study Committee on Mental Health Access; create ......................................HR 502 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 "Partnership for Public Facilities and Infrastructure Act"; enact ........................... SB 255 Supplemental Appropriations; State Fiscal Year July 1, 2012 June 30, 2013 ..........................................................................................................HB 105 GENERAL ASSEMBLY; ADMINISTRATIVE PERSONNEL General Assembly; all official communications; officers, members, or employees; electronic format.................................................................................... SB 60 GENERAL PROVISIONS, OFFICIAL CODE OF GEORGIA ANNOTATED Georgia History Month; declare September of each year ...................................... SB 181 GEORGIA BUREAU OF INVESTIGATION (GBI) Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 DNA Sampling, Collection, and Analysis; persons arrested for felony offenses ................................................................................................................... SB 135 Individual's Criminal History Record Information; revise definitions...................HB 271 Public Order and Safety, Offenses Against; persons who are ineligible for weapons carry licenses; change provisions ............................................................ SB 161 Sexual Offender Registration Review Board; authorize, review and utilize records of Board of Pardons and Paroles in making assessments ...............HB 122 "Stacey Nicole English Act"; aid in the location of missing persons; incapacitated due to medical conditions; establish .................................................. SB 23 GEORGIA MEDICAL CENTER AUTHORITY ACT Education; Georgia Medical Center Authority; abolish.........................................HB 513 GEORGIA WORKFORCE INVESTMENT BOARD Local Workforce Investment Good Governance Act for Georgia; enact...............HB 393 GEORGIA WORLD CONGRESS CENTER Georgia World Congress Center Authority; provide benefit programs to its officers, employees, and other agents................................................................HB 246 4128 INDEX GLENNVILLE Glennville, City of; change description of wards ...................................................HB 640 GLYNN COUNTY F.J. Torras Causeway; Glynn County; dedicate ..................................................... SR 418 GORDON COUNTY Gordon County; levy an excise tax.........................................................................HB 472 GOVERNOR Budget Report; require certain items to be included in tax expenditure review .....................................................................................................................HB 454 Joint Session; message from Governor ......................................................................HR 8 GOVERNOR NATHAN DEAL Appointments; boards and commissions; confirmation .................................... Page 3112 Appointments; boards and commissions; favorable report ............................... Page 2958 Appointments; boards and commissions; received ........................................... Page 2853 Appointments; boards and commissions; Secretary of the Senate transmit confirmation......................................................................................... Page 3981 Communication; appointed Administration Floor Leaders ................................... Page 22 Communication; Bulloch resignation .................................................................... Page 19 Communication; Hamrick resignation ................................................................... Page 13 Communication; Rogers resignation...................................................................... Page 17 General Assembly; Joint Session; State of the State address ................................ Page 77 Veto Letters 2012 .................................................................................................. Page 4 Veto HB 742 line item .......................................................................................... Page 9 Writ of Special Election; District 11...................................................................... Page 20 Writ of Special Election; District 21...................................................................... Page 18 GOVERNOR; ORGANIZATION OF EXECUTIVE BRANCH Crimes/Offenses; children who have been sexually exploited; provisions; create Safe Harbor for Sexually Exploited Children Fund Commission ............... SB 233 State Government; no state agency shall enter into a contract with private entity if services performed outside geographical boundaries of the U.S. ............... SB 80 GRADY COUNTY Grady County Lake Authority Act; enact...............................................................HB 201 GRANTS HOPE; grant at technical college or university institutions; revise eligibility.................................................................................................................HB 372 INDEX 4129 HOPE; provide dual credit courses; treated the same as advanced placement and international baccalaureate courses for determining eligibility.................................................................................................................HB 131 Tuition Equalization Grants; private colleges and universities; nursing; provisions................................................................................................................HB 293 GREENE COUNTY Greene County Airport Authority; split position of secretary-treasurer into two separate positions .....................................................................................HB 626 Greene County; Board of Commissioners; change description of districts .............HB 63 Greene County; Board of Education; change description of districts ......................HB 65 Greene County; certain officials; participate in county health insurance program; clarify qualifications .................................................................................HB 64 GRIFFIN, CITY OF Griffin, City of; Municipal Court; authorize to charge technology fee for each civil case and criminal fine imposed ..............................................................HB 583 GRIFFIN, GREG S.; confirmed as state auditor ................................................. Page 205 GUARANTEED ENERGY SAVINGS PERFORMANCE CONTRACTING "Partnership for Public Facilities and Infrastructure Act"; enact ........................... SB 255 GUARDIAN AND WARD Guardian and Ward; proposed ward who resided in another state prior to submission of guardianship or conservatorship petition for such proposed ward; provide certain additional notice requirements ............................................HB 446 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Temporary Medical Consent Guardianship; Physician Order for Life-sustaining Treatment; change certain signatures ............................................ SB 158 H HABERSHAM COUNTY State Highway System; dedicate certain portions ....................................................HR 46 HAGAN Hagan, City of; change description of election districts.........................................HB 542 HAMMOND, MRS. JOHNNIE M.; recognized ................................................. Page 818 4130 INDEX HAMRICK, SUPERIOR COURT JUDGE BILL; Election Certification............ Page 3 HANCOCK COUNTY Board of County Commissioners of Hancock County; change the description of the commissioner districts ............................................................... SB 183 Board of Education of Hancock County; change description of education districts.................................................................................................................... SB 182 HANDICAPPED PERSONS Crimes and Offenses; disabled adults and elder persons; expand protection; change provisions...................................................................................HB 78 Licenses; authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters ................................................................................HB 207 Probation of First Offenders; person disqualified from employment when discharged as felony offender; add private home care providers to list ................. SB 207 Special Needs Students; provide waiver of one of the scholarship requirements under certain conditions......................................................................HB 70 HARALSON COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 HARP, FORMER SENATOR SETH; addressed the Senate ............................. Page 304 HAWKINSVILLE Hawkinsville, City of; levy an excise tax ...............................................................HB 376 Hawkinsville, City of; Pulaski County; create and incorporate new political body corporate under name Hawkinsville-Pulaski County, Georgia ...................................................................................................................HB 286 HAZARDOUS MATERIALS; SPILLS OR RELEASES Natural Resources, Department of; Georgia Hazardous Waste Management Authority; change certain procedures regarding appropriations .........................................................................................................HB 276 HEALTH Advance Directive for Health Care; urge adult citizens; appoint health care agent; treatment preferences ........................................................................... SR 413 Ad Valorem Tax; clarify which types of interests in real property; subject to taxation ...............................................................................................................HB 399 Community Health, Department of; directed to collect and report certain data relating to bariatric surgical procedures..........................................................HR 603 County Boards of Health; population relative to superintendent of largest municipal school system in certain counties serving on board of health ex officio; repeal provision..........................................................................................HB 538 INDEX 4131 Crimes and Offenses; disabled adults and elder persons; expand protection; change provisions...................................................................................HB 78 Education; Georgia Medical Center Authority; abolish.........................................HB 513 Elementary and Secondary Education; authorize public and private schools to stock supply of auto-injectable epinephrine ..........................................HB 337 Evidence; professional forestry; Department of Public Health; AIDS; provisions....................................................................................................................HB 3 Federal and State Funded Health Care Financing Program Overview Committee; establish; financing and expenditures of hospitals; revise provisions.................................................................................................................. SB 62 Fulton County; increase homestead exemption amount to $60,000 after three-year phase in period; provide ........................................................................HB 541 Georgia Alzheimer's and Related Dementias State Plan Task Force; create ........................................................................................................................ SB 14 Georgia Board of Pharmacy and Georgia Board of Dentistry; provide administratively attached to Department of Community Health............................HB 132 "Georgia Pain Management Clinic Act"; enact ......................................................HB 178 Health Planning; single ambulatory surgical centers/joint venture; acquired are exempt from certain requirements under Chapter 6 of Title 3 .......... SB 171 Health; bill of rights for residents of long-term care facilities; provide definitions ............................................................................................................... SB 202 "Hospital Medicaid Financing Program Act"; enact ................................................ SB 24 Joint Study Committee on Medicaid Reform; create .............................................HR 107 Juvenile Justice, Department of; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 Mental Health; provide for authorization of ambulance personnel to transport certain mentally ill patients ..................................................................... SB 186 Nursing Homes; annually offer influenza vaccinations to health care workers and other employees; require....................................................................HB 208 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Patient Protection and Affordable Care Act; provide licensing of health insurance navigators ...............................................................................................HB 198 Public Health, Department of; required to establish the Maternal Mortality Review Committee to review maternal deaths....................................... SB 273 "Return to Play Act of 2013"; enact .......................................................................HB 284 State Sales and Use Tax; change certain definition; provide exemption for tangible personal property to certain nonprofit health centers for only a limited period of time ............................................................................................HB 193 Temporary Medical Consent Guardianship; Physician Order for Life-sustaining Treatment; change certain signatures ............................................ SB 158 4132 INDEX HEALTH CARE PLANS Accuracy and Transparency in Physician/Provider Profiling Act; provide for physician profiling program.............................................................................. SB 173 Health Insurance Plans; authorize local school boards; health insurance coverage from private provider for public school teachers and employees ........... SB 267 State Employees' Health Insurance Plan; provide pilot program to provide coverage for bariatric surgical procedures for treatment and management of obesity ................................................................................................................HB 511 Worker's Compensation; awards and benefits; change certain provisions.............HB 154 HEALTH INSURANCE State Employees' Health Insurance Plan; provide pilot program to provide coverage for bariatric surgical procedures for treatment and management of obesity ................................................................................................................HB 511 Worker's Compensation; awards and benefits; change certain provisions.............HB 154 HENRY COUNTY Henry County Water and Sewerage Authority; change name to Henry County Water Authority .........................................................................................HB 522 HIGHWAYS, BRIDGES, AND FERRIES Dekai Amonrasi Memorial Bridge; Fulton County; dedicate .................................. SR 73 F.J. Torras Causeway; Glynn County; dedicate ..................................................... SR 418 Governor's Development Council; periodic submission of certain information by state, regional, and local transportation authorities ......................... SB 90 Highways, Bridges and Ferries; annual commercial wrecker emergency tow permits; qualifications for issuance ................................................................. SB 218 Highways, Bridges, and Ferries; performing value engineering studies; provide requirements ..............................................................................................HB 202 Judge William Jeffrey Lowe Memorial Intersection; Lumpkin County; dedicate ................................................................................................................... SR 379 Mass Transportation; installation of safety markers on utility lines to provide adequate visual warning in use of private airstrips; provide.....................HB 494 Mass transportation; suspension of restrictions on use of annual proceeds from sales and use taxes by public transit authorities; repeal provisions...............HB 265 Pleasant Eugene Holt Memorial Highway; Paulding/Carroll County; dedicate ................................................................................................................... SR 579 Public Roads; provide for criteria for the allocation of federal/state funds by the Department of Transportation...................................................................... SB 131 Ralph A. Pierce Memorial Highway; Lumpkin County; dedicate ......................... SR 293 Sergeant John A. Franklin Memorial Intersection; Catoosa County; dedicate ................................................................................................................... SR 383 INDEX 4133 State Highway System; dedicate certain portions ....................................................HR 46 State Highway System; dedicate certain portions ..................................................HR 411 State Road and Tollway Authority; authorize motorcycles to operate in toll lanes/toll roads without payment of a toll ........................................................ SB 196 State Transportation Board; meetings to elect board members open to public ...................................................................................................................... SB 154 Transportation, Department of; requirements for performing value engineering studies ................................................................................................. SB 130 Transportation, Department of; change type of projects eligible for design-build contracts and procurement process...................................................... SB 70 Transportation, Department of; procedures for utilizing design-build contracts; provisions; expand the selection process ................................................. SB 71 Weight of Vehicles; issuance of annual commercial wrecker emergency tow permits; provide qualifications ........................................................................HB 486 HINESVILLE Hinesville, City of; change corporate limits...........................................................HB 476 HIRAM Hiram, City of; provide reincorporation, corporate boundaries, municipal powers, and exercise of powers..............................................................................HB 457 HISTORIC SITES AND PRESERVATION Georgia Legacy Program; create; conservation funding mechanisms; operation ................................................................................................................. SB 210 HOLIDAYS AND OBSERVANCES Georgia History Month; declare September of each year ...................................... SB 181 HOLLY SPRINGS, CITY OF Holly Springs, City of; election of councilmembers from wards........................... SB 249 HOSCHTON Hoschton, City of; provide new charter..................................................................HB 206 HOSPITALS AND OTHER HEALTH CARE FACILITIES Federal and State Funded Health Care Financing Program Overview Committee; establish; financing and expenditures of hospitals; revise provisions.................................................................................................................. SB 62 Nursing Homes; annually offer influenza vaccinations to health care workers and other employees; require....................................................................HB 208 4134 INDEX HOUSE OF REPRESENTATIVES Adjournment; relative to...........................................................................................HR 12 Adjournment; relative to...........................................................................................HR 50 Adjournment; relative to.........................................................................................HR 548 Adjournment; relative to.........................................................................................HR 738 General Appropriations; State Fiscal Year July 1, 2013 - June 30, 2014 ..............HB 106 House convened; notify Senate ..................................................................................HR 6 Joint Session; message from Governor ......................................................................HR 8 Supplemental Appropriations; State Fiscal Year July 1, 2012 June 30, 2013 ..........................................................................................................HB 105 HOUSING Firearms; regulate the sale, use and possession in this state .................................. SB 101 HUNSTEIN, CHIEF JUSTICE CAROL W.; State of Judiciary address.......... Page 191 HUNTING Licenses; authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters ................................................................................HB 207 I INCOME TAX Education; student scholarship organization; definitions; change certain provisions................................................................................................................ SB 243 Education; student scholarship organizations; provide certain records subject to open records laws ..................................................................................... SB 77 Education; update and revise terminology; provisions ..........................................HB 283 Income Tax Credit; clean energy property; include certain commercial geothermal heat pumps .............................................................................................HB 34 Income Tax; refund of sales/use taxes.................................................................... SB 137 Seed-Capital Fund; create the Invest Georgia Fund; provisions ............................HB 318 INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES "Stevenson-Gibson Act"; definitions...................................................................... SB 119 INDIAN AFFAIRS American Indian Tribes of Georgia; recognized legitimate tribes; remove certain information..................................................................................................HB 203 INDIGENT AND ELDERLY PATIENTS Crimes and Offenses; disabled adults and elder persons; expand protection; change provisions...................................................................................HB 78 INDEX 4135 Federal and State Funded Health Care Financing Program Overview Committee; establish; financing and expenditures of hospitals; revise provisions.................................................................................................................. SB 62 Georgia Alzheimer's and Related Dementias State Plan Task Force; create ........................................................................................................................ SB 14 Health; bill of rights for residents of long-term care facilities; provide definitions ............................................................................................................... SB 202 "Hospital Medicaid Financing Program Act"; enact ................................................ SB 24 Joint Study Committee on Medicaid Reform; create .............................................HR 107 INDUSTRIAL LOANS Contracts; collection of closing fees; advance of money/extension of credit ....................................................................................................................... SB 139 INSURANCE Accuracy and Transparency in Physician/Provider Profiling Act; provide for physician profiling program.............................................................................. SB 173 "Ava's Law"; provide definitions; certain insurance coverage for autism spectrum disorders .................................................................................................. SB 191 Banking; secured transactions; change/provide for definitions; electronic chattel paper; provisions ......................................................................................... SB 185 Child's Health Insurance Information and Records; provide that both parents have equal access ........................................................................................... SB 1 Condominiums; change maximum allowable casualty insurance deductible imposed by associations........................................................................HB 458 Contracts; collection of closing fees; advance of money/extension of credit ....................................................................................................................... SB 139 "Federal Abortion Mandate Opt-out Act" ................................................................ SB 98 "Health Care Freedom of Choice Constitutional Amendment" ............................... SR 99 Health Insurance Plans; authorize local school boards; health insurance coverage from private provider for public school teachers and employees ........... SB 267 Insurance; allow issuance of group life insurance policy to certain groups as approved by the Commissioner..........................................................................HB 103 Insurance; establish the Georgia Health Insurance Marketplace Authority ............. SB 46 Insurance; include contracts, agreements, and instruments for repair of a motor vehicle .......................................................................................................... SB 140 Insurance; limited licenses to sell travel insurance; comprehensive revision of provision; issuance and regulation ....................................................... SB 234 Insurance; provide cancellations under certain circumstances relating to policy terms that permit an audit or rate investigation and noncompliance by insured................................................................................................................HB 375 Insurance; provide conversion and enhanced conversion rights and coverage; sunset requirements................................................................................HB 389 4136 INDEX Insurance; provide each individual accident/sickness policy; coverage for treatment of dependent children with cancer/autism ................................................ SB 47 Insurance; provide individual accident/sickness insurance policies in Georgia ..................................................................................................................... SB 38 Insurance; provide removing the insurer annual publication requirement.............HB 229 Insurance; regulating insurance holding company systems; provide comprehensive revision of provisions ...................................................................HB 312 Insurance; require insurers; indicate amount of the premium increase; Patient Protection and Affordable Care Act ........................................................... SB 236 Motor Vehicles; provide that electronic proof of insurance may be accepted under certain circumstances.....................................................................HB 254 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Patient Protection and Affordable Care Act; provide licensing of health insurance navigators ...............................................................................................HB 198 State Employees' Health Insurance Plan; provide pilot program to provide coverage for bariatric surgical procedures for treatment and management of obesity ................................................................................................................HB 511 Worker's Compensation; awards and benefits; change certain provisions.............HB 154 INTEREST AND USURY Contracts; collection of closing fees; advance of money/extension of credit ....................................................................................................................... SB 139 INVASION OF PRIVACY Wiretapping; interception of wire or oral transmissions by law enforcement; change provisions ...............................................................................HB 55 IRWIN COUNTY Irwin County; create a board of elections and registration; provide for powers and duties ................................................................................................... SB 254 ISAKSON, U.S. SENATOR JOHNNY; addressed the Senate ......................... Page 1027 J JESUP Jesup, City of; change description of election districts ..........................................HB 561 JOHNS CREEK, CITY OF Johns Creek; City of; changing millage rate for ad valorem property taxes; clarify cap .....................................................................................................HB 574 INDEX 4137 JONESBORO, CITY OF Jonesboro, City of; $10,000 of assessed value of homestead for residents; provide homestead exemption ................................................................................HB 330 JUDGES Firearms; certain laws regarding carrying and possession by retired judges; provide exemption........................................................................................HB 60 Fulton County Superior Court; increase amount of supplement for judges...........HB 444 Juvenile Court Administration; rehearing on the order of an associate court judge; delete provisions; appointment of judge pro tempore........................HB 182 JUDICIAL CIRCUITS Atlanta Judicial Circuit; provide for selection of chief judge ................................HB 437 Chattahoochee Judicial Circuit; Oconee Judicial Circuit; provide for additional judge ......................................................................................................HB 451 Chattahoochee Judicial Circuit; provide for selection of chief judge ....................HB 506 Cobb Judicial Circuit; provide supplement paid to judges of superior court and additional supplement to chief judge......................................................HB 638 Stone Mountain Judicial Circuit; increase amount of supplement for judges of superior court ..........................................................................................HB 639 JUDICIAL RETIREMENT SYSTEM Georgia Judicial Retirement System; board of trustees; authority to determine the time/circumstances of paying benefits; qualified plan under federal law .............................................................................................................. SB 142 JURIES Trial Juries; oath of bailiffs; change provisions .....................................................HB 161 JUVENILE JUSTICE, DEPARTMENT OF Courts; juvenile proceedings; substantially revise, supersede, and modernize provisions..............................................................................................HB 242 JUVENILE PROCEEDINGS Courts; juvenile proceedings; substantially revise, supersede, and modernize provisions..............................................................................................HB 242 Juvenile Court Administration; rehearing on the order of an associate court judge; delete provisions; appointment of judge pro tempore........................HB 182 Juvenile Justice, Department of; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 4138 INDEX K KENNESAW, CITY OF Kennesaw, City of; provide new charter ................................................................HB 629 KIDNAPPING Kidnapping; require certain businesses and establishments post a model notice to enable persons who are the subject of human trafficking to obtain help and services..........................................................................................HB 141 KINGSLAND City of Kingsland Community Improvement Districts Act of 2013; enact ...........HB 586 L LABOR AND INDUSTRIAL RELATIONS Employment Security; benefits not paid to noncitizens who are not employed legally......................................................................................................... SB 2 Employment Security; benefits not paid to noncitizens who are not employed legally..................................................................................................... SB 245 Employment Security; provide changes to the determination of eligibility for unemployment benefits ..................................................................................... SB 227 Labor Organizations; membership; provide for definitions; provide statement of rights under federal law; provisions...................................................HB 361 Labor/Industrial Relations; prohibit employers from requesting credit reports; exceptions ................................................................................................... SB 20 Local Workforce Investment Good Governance Act for Georgia; enact...............HB 393 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Worker's Compensation; awards and benefits; change certain provisions.............HB 154 LABOR ORGANIZATIONS AND LABOR RELATIONS Labor Organizations; membership; provide for definitions; provide statement of rights under federal law; provisions...................................................HB 361 LAMAR COUNTY Lamar County; school district ad valorem tax; $7,000 of assessed value of specified five-year phase-in period for residents 70 years or older; provide homestead exemption ................................................................................HB 294 LAND; LIABILITY OF OWNERS AND OCCUPIERS Liability of Owners/Occupiers of Land; codify the duty of a possessor of land to a trespasser against harm ............................................................................ SB 125 INDEX 4139 Limited Liability of Certain Property Owners; revise definition of recreational purposes .............................................................................................. SB 127 LAURENS COUNTY Laurens County; Board of Commissioners; change description of districts ..........HB 447 LAVONIA, CITY OF Lavonia, City of; change and extend the corporate limits......................................HB 174 LAW ENFORCEMENT OFFICERS AND AGENCIES Alarm Monitoring Services; require licensed persons and companies to utilize alarm verification...........................................................................................HB 59 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 DNA Sampling, Collection, and Analysis; persons arrested for felony offenses ................................................................................................................... SB 135 Fair Business Practices Act; prohibited telemarketing and Internet activities; change provisions...................................................................................HB 150 Individual's Criminal History Record Information; revise definitions...................HB 271 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Peace Officers; disciplining certified officers and requirements for certification; clarify application of provisions........................................................HB 366 Public Order and Safety, Offenses Against; persons who are ineligible for weapons carry licenses; change provisions ............................................................ SB 161 Sexual Offender Registration Review Board; authorize, review and utilize records of Board of Pardons and Paroles in making assessments ...............HB 122 "Stacey Nicole English Act"; aid in the location of missing persons; incapacitated due to medical conditions; establish .................................................. SB 23 Wiretapping; interception of wire or oral transmissions by law enforcement; change provisions ...............................................................................HB 55 LAWFUL PRESENCE WITHIN U.S.; VERIFICATION OF Georgia Student Finance Commission; board of commissioners; Georgia Student Finance Authority; board of directors; verification of lawful presence; provide exemptions.................................................................................HB 324 Lawful Presence; provide certain affidavit for persons under 18 years of age to be executed after attaining the age of 18 .....................................................HB 125 Public Employers; provide annual report relative to compliance with certain laws; provide for certain report to Department of Audits and Accounts ................................................................................................................. SB 160 State Government; provide exemption for the board of commissioners of Georgia Student Finance Commission; board of directors..................................... SB 187 4140 INDEX LEGISLATIVE RETIREMENT SYSTEM Georgia Legislative Retirement System; define a certain term; broaden certain provision ..................................................................................................... SB 178 LICENSE PLATES AND REGISTRATION Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate; law regarding state and local title ad valorem tax fees; revise provisions .....................................................................................................HB 266 Motor Vehicle Licenses; ad valorem tax purposes; revise and change taxation regarding certain apportioned vehicles registered under the International Registration Plan ..............................................................................HB 463 Prestige/Special License Plates; certain persons and vehicles ............................... SB 121 Selling/Other Trade Practices; motor vehicles; custom design specifications; modify provisions ........................................................................... SB 166 Special License Plates; add supporting the Appalachian Trail Conservancy ...........................................................................................................HB 104 "Stacey Nicole English Act"; aid in the location of missing persons; incapacitated due to medical conditions; establish................................................... SB 23 Unified Carrier Registration Act of 2005; transfer administration responsibilities from Department of Revenue to Department of Public Safety ......................................................................................................................HB 255 LICENSES Drivers' Licenses; authorize commissioner to enter into reciprocal agreements on behalf of Georgia for recognition of licenses issued by foreign territories ....................................................................................................HB 475 Drivers' Licenses; mandatory ignition interlock devices following second conviction driving under influence of alcohol or drugs; modify provisions..........HB 407 Group-care Facility Operators; persons otherwise issued licenses as provided by law; provide exceptions; require certain employees to have fingerprint record checks ........................................................................................HB 350 Licenses; authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters ................................................................................HB 207 "Medical Practice Act of the State of Georgia"; provide administrative medicine licenses ....................................................................................................HB 317 Motor Vehicle Licenses; ad valorem tax purposes; revise and change taxation regarding certain apportioned vehicles registered under the International Registration Plan ..............................................................................HB 463 Motor Vehicles; modify age for operation of certain commercial motor vehicle operators.....................................................................................................HB 323 Nurses; provide continuing competency requirements as requirement for license renewal........................................................................................................HB 315 Professions and Businesses; provide certain military certifications entitle persons to obtain certain professional licenses in this state ...................................HB 188 INDEX 4141 LIEUTENANT GOVERNOR CASEY CAGLE Communication; appointed Committee on Administrative Affairs ...................... Page 98 Communication; appointed Committee on Assignments ...................................... Page 23 LIVESTOCK; PREVENTION AND CONTROL OF DISEASE Livestock; provide for regulation of importation of white-tailed deer from other states; breeding purposes ............................................................................... SB 230 LOBBYING AND LOBBYISTS Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 142 LOCAL GOVERNMENT Controlled Substances; change date of incorporation of local ordinances by reference ............................................................................................................HB 187 Counties and Municipal Corporations; add option of fiscal year contracts ...........HB 473 Counties; re-creation of a previously existing county merged into another county accomplished by law; number of counties limited-CA .............................. SR 273 Counties; support of paupers; provide for cremation as an alternative for deceased indigents .................................................................................................... SB 83 County Law Libraries; receipt and disbursement of funds by counties having a population of 950,000; repeal and reserve Code section .........................HB 536 Downtown Development Authorities; undertake projects; reducing energy or water consumption; renewable resources............................................... SB 242 Elections; counties utilize a chief executive officer/county commission form of government; nonpartisan elections .............................................................. SB 95 Elections; population brackets and the census for approval of bonded debt; repeal certain provisions................................................................................HB 400 Georgia Environmental Finance Authority; expand Georgia Reservoir Fund ........................................................................................................................HB 199 Income Tax; refund of sales/use taxes.................................................................... SB 137 Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate; law regarding state and local title ad valorem tax fees; revise provisions .....................................................................................................HB 266 Local Boards of Education; population provision prohibiting certain members from holding other offices; repeal...........................................................HB 537 Local Boards of Education; suspension and removal of members upon potential loss of accreditation; revise provisions....................................................HB 115 Local Government; define the area of operation of a development authority .................................................................................................................. SB 228 Municipalities; ante litem notice; provide the amount of damages sought ............HB 135 Natural Resources, Department of; required to notify local governing authorities before making certain significant changes in park service...................HB 189 4142 INDEX Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Public Contracts; contracting and bidding requirements........................................ SB 168 Public Contracts; if sealed competitive proposal requested/price or project cost not a selection factor; no bid bond shall be required .......................... SB 179 Public Employers; provide annual report relative to compliance with certain laws; provide for certain report to Dept. of Audits and Accounts.............. SB 160 Public Works Contracts; governmental entities and Department of Administrative Services; provide certain contracting and bidding requirements ...........................................................................................................HB 362 Sheriffs; revise general qualification requirements ................................................HB 139 Transportation, Department of; local governing authority designating public streets or portions thereof for combined use of motorized carts and regular vehicle traffic; modify provisions ..............................................................HB 384 Trial Juries; oath of bailiffs; change provisions .....................................................HB 161 LOCAL GOVERNMENT; CONTRACTING AND PUBLIC WORKS BIDDING Transportation, Department of; change type of projects eligible for design-build contracts and procurement process...................................................... SB 70 LOCUST GROVE, CITY OF Locust Grove, City of; change corporate limits .....................................................HB 551 LONG, JOHN; elected Sergeant at Arms............................................................... Page 33 LOTTERY FOR EDUCATION General Assembly; provide for the proceeds of one or more lottery games to benefit military veterans ..................................................................................... SR 528 Georgia Lottery Corporation; require to conduct/publish a biannual audit ............ SB 16 Georgia Lottery for Veterans; offer one/more games to benefit veterans; deposit proceeds into the general fund ................................................................... SB 252 HOPE; grant at technical college or university institutions; revise eligibility.................................................................................................................HB 372 HOPE; provide dual credit courses; treated the same as advanced placement and international baccalaureate courses for determining eligibility.................................................................................................................HB 131 Lottery for Education; allow winner of lottery prize to remain anonymous; 25 percent of prize to Lottery for Education Account ....................... SB 214 Revenue and Taxation; transfer responsibility of coin operated machines from Department of Revenue to Georgia Lottery Corporation; provisions ...........HB 487 INDEX 4143 LOWNDES COUNTY Lowndes County; provide judge of Small Claims Court shall be magistrate judge elected on nonpartisan basis........................................................HB 329 Lowndes County; provide nonpartisan nomination and election of judge of Probate Court......................................................................................................HB 328 State Highway System; dedicate certain portions ....................................................HR 46 LUMPKIN COUNTY Judge William Jeffrey Lowe Memorial Intersection; Lumpkin County; dedicate ................................................................................................................... SR 379 Ralph A. Pierce Memorial Highway; Lumpkin County; dedicate ......................... SR 293 LYONS Lyons, City of; provide new charter .......................................................................HB 616 M MACON, CITY OF Macon, City of; Payne City, City of; Bibb County; nonpartisan elections of mayor and commissioners .................................................................................... SB 25 Macon, City of; Payne City, City of; Bibb County; change provisions relative to initial budgets ........................................................................................HB 571 Macon, City of; Payne City, City of; Bibb County; remove City of Payne City from consolidated charter; change provisions to initial budgets ....................HB 514 Macon-Bibb County Community Enhancement Authority; define category IV poverty area ........................................................................................HB 410 MADISON COUNTY Madison County; board of elections and registration; create.................................HB 505 MAGISTRATE COURTS Courts; increase penalties imposed for contempt of superior and state courts......................................................................................................................... SB 66 MALT BEVERAGES Alcoholic Beverages; limited exceptions to the three-tier system for the distribution/sale....................................................................................................... SB 174 Alcoholic Beverages; provide for retail dealers/retail consumption dealers to offer samples; provide terms and conditions...................................................... SB 169 Alcoholic Beverages; sale; make certain changes to requirements........................HB 124 Malt Beverages; change amount produced by a person in his or her private residence .......................................................................................................HB 99 4144 INDEX MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Mass transportation; suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; repeal provisions................................................................................................................HB 265 Metropolitan Atlanta Rapid Transit Authority Act of 1965; extensively revise.......................................................................................................................HB 264 MASS TRANSPORTATION Governor's Development Council; periodic submission of certain information by state, regional, and local transportation authorities ......................... SB 90 Mass Transportation; installation of safety markers on utility lines to provide adequate visual warning in use of private airstrips; provide.....................HB 494 Mass transportation; suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; repeal provisions................................................................................................................HB 265 Metropolitan Atlanta Rapid Transit Authority Act of 1965; extensively revise.......................................................................................................................HB 264 MCDONOUGH, CITY OF McDonough, City of; levy an excise tax ................................................................HB 364 MCDUFFIE COUNTY Board of Education of McDuffie County; change description of the education districts ................................................................................................... SB 199 Property; authorize conveyance of certain state owned real property....................HR 205 MEDICAL ASSISTANCE AND MEDICAID Medicaid and PeachCare for Kids; certain speech-language pathology services; require reimbursement .............................................................................HB 240 MENTAL HEALTH Firearms; carrying/possession for persons possessing valid weapons carry licenses; provide exemption from the application of certain laws ......................... SB 188 "Hospital Medicaid Financing Program Act"; enact ................................................ SB 24 Joint Study Committee on Mental Health Access; create ......................................HR 502 Mental Health; authorize licensed professional counselor to perform certain acts; secure certification................................................................................ SB 65 Mental Health; provide for authorization of ambulance personnel to transport certain mentally ill patients ..................................................................... SB 186 Probation of First Offenders; person disqualified from employment when discharged as felony offender; add private home care providers to list ................. SB 207 Public Order and Safety, Offenses Against; persons who are ineligible for weapons carry licenses; change provisions ............................................................ SB 161 INDEX 4145 MENTALLY RETARDED; HABILITATION Probation of First Offenders; person disqualified from employment when discharged as felony offender; add private home care providers to list ................. SB 207 MILITARY AFFAIRS; DEPARTMENT OF DEFENSE State Defense Force; remove restrictions; public officers/employees; absent for service .................................................................................................... SB 208 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Crimes and Offenses; certain veterans organizations may sell certain pull tab games of chance; define certain terms.............................................................. SB 272 Professions and Businesses; provide certain military certifications entitle persons to obtain certain professional licenses in this state ...................................HB 188 Returning Veterans Task Force; create; membership............................................... SB 76 Returning Veterans Task Force; create; membership, duties ................................. SB 148 State Defense Force; remove restrictions; public officers/employees; absent for service .................................................................................................... SB 208 MILTON, CITY OF Milton, City of; change description of districts......................................................HB 452 Milton, City of; millage rate for ad valorem property taxes; clarify cap ...............HB 527 MINERAL RESOURCES AND CAVES Surface Mining; revise a definition ........................................................................ SB 156 MINORS Appeal and Error; limit the scope of judgments/orders; child custody cases; direct appeal ................................................................................................. SB 204 Crimes and Offenses; list of persons who may be present in courtroom when person under age of 16 testifies concerning a sex offense; add victim assistance personnel.....................................................................................HB 480 Crimes/Offenses; children who have been sexually exploited; provisions; create Safe Harbor for Sexually Exploited Children Fund Commission ............... SB 233 Drivers' Licenses; prohibit persons convicted of felonies against victims who are minors from driving school and charter buses............................................ SB 84 Education; change the ages of mandatory education................................................ SB 21 Education; determining eligibility ages for participation in educational programs shall be December .................................................................................... SB 22 Education; performance data of students in certain placements; treated as a single local education agency .............................................................................. SB 115 Education; raise the age of mandatory education from 16 to 17 .............................. SB 79 Education; require schools to provide training in cardiopulmonary resuscitation ............................................................................................................ SB 212 4146 INDEX Education; tuition equalization grants, HOPE scholarships, and grants; revise certain definitions......................................................................................... SB 109 "Elementary School Protection Act"; enact............................................................ SB 138 General Assembly; provide by law for additional fees; Safe Harbor for Sexually Exploited Children Fund ......................................................................... SR 416 Georgia Student Finance Authority; legislative findings; definitions; tuition grant assistance certain students attending Military Junior College of Georgia ............................................................................................................... SB 262 Georgia's Pre-K Program; include at least 180 school days; eligible four-year olds are served .......................................................................................... SB 43 HOPE Scholarships; amount shall be accepted as full payment of tuition by University System of Georgia institutions......................................................... SB 107 HOPE; lower the minimum cumulative grade point average required for maintaining eligibility............................................................................................... SB 59 Juvenile Justice, Department of; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 Licenses; authorize issuance of a special turkey-hunting permit for young and mobility impaired hunters ................................................................................HB 207 Medical Assistance; provide for respiratory syncytial virus prophylaxis injections to infants................................................................................................. SB 217 Offenses against Minors; sexual conduct and technology; modernize provisions of Code..................................................................................................HB 156 Rules of the Road; change the age of a child constituting child endangerment............................................................................................................ SB 58 Technical College System of Georgia; authorize the General Assembly; limitations on the amount of tuition receiving lottery funded scholarships ........... SR 184 Tobacco; provide regulation of cigar wraps ...........................................................HB 256 Zell Miller Scholar; revise the definition ............................................................... SB 111 MINORITY REPORTS Filed on HB 266................................................................................................... Page 937 Filed on HB 318................................................................................................. Page 2550 Filed on SB 4, SB 5, SB 6, SB 8, SB 9, and SB 54 ............................................. Page 806 Filed on SB 24 ....................................................................................................... Page 86 MITCHELL COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 State Highway System; dedicate certain portions ..................................................HR 411 MONROE COUNTY Monroe, City of; provide for jurisdiction of municipal court ................................HB 484 State Highway System; dedicate certain portions ....................................................HR 46 INDEX 4147 MONTGOMERY COUNTY Montgomery County; board of commissioners; provide for appointment of county manager ..................................................................................................HB 553 MORTGAGES, LIENS, AND SECURITY Foreclosure; appraisal performed; deficiency judgment amount determinations......................................................................................................... SB 106 Foreclosure; general provisions .............................................................................. SB 123 Foreclosure; obtaining money judgments on obligations; provide certain requirements ........................................................................................................... SB 126 Liens; mechanics and material men; provide special liens include amount due and interest on such amount.............................................................................HB 434 Mortgages, Liens, & Security; priorities between liens of mechanics/material men ......................................................................................... SB 269 Mortgages, Liens, and Security; hospital liens; change certain provisions............ SB 239 Property; foreclosure of security deeds; revise provisions ..................................... SB 108 Property; provide that choses in action for legal malpractice are not assignable; vacant/foreclosed real property registries; revise provisions...............HB 160 MOTOR FUEL AND ROAD TAX Motor Fuel Excise Tax; public school systems under certain circumstances; exempt............................................................................................HB 211 Motor Fuel Tax; define liquefied natural gas .........................................................HB 371 MOTOR VEHICLES AND TRAFFIC Ad valorem Tax; state and local title fees; revise provisions...................................HB 80 Auto Insurance Verification Data Base; establish; procedures; definitions; disclosure of information ........................................................................................ SB 118 Civil Practice; tort claims arising out of use of motor vehicles; provide for certain pre-suit settlement offers.......................................................................HB 336 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 Drivers' Licenses; authorize commissioner to enter into reciprocal agreements on behalf of Georgia for recognition of licenses issued by foreign territories ....................................................................................................HB 475 Drivers' Licenses; authorize the issuance of a temporary driving permit; noncitizen applicant whose license has expired; filed extension ........................... SB 122 Drivers' Licenses; mandatory ignition interlock devices following second conviction driving under influence of alcohol or drugs; modify provisions..........HB 407 Drivers' Licenses; prohibit persons convicted of felonies against victims who are minors from driving school and charter buses............................................ SB 84 Elections; Secretary of State; modify the training of certain election registrars and superintendents of elections ............................................................. SB 102 Homicide by Vehicle; increase the penalty ............................................................ SB 116 4148 INDEX Insurance; include contracts, agreements, and instruments for repair of a motor vehicle .......................................................................................................... SB 140 Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate; law regarding state and local title ad valorem tax fees; revise provisions .....................................................................................................HB 266 Motor Vehicle Licenses; ad valorem tax purposes; revise and change taxation regarding certain apportioned vehicles registered under the International Registration Plan ..............................................................................HB 463 Motor Vehicles; authorized to receive registration records; add certain persons ....................................................................................................................HB 296 Motor Vehicles; modify age for operation of certain commercial motor vehicle operators.....................................................................................................HB 323 Motor Vehicles; provide that electronic proof of insurance may be accepted under certain circumstances.....................................................................HB 254 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Prestige/Special License Plates; certain persons and vehicles ............................... SB 121 Probate Courts; provide for prosecuting attorneys in counties where there is no state court ....................................................................................................... SB 120 Rules of the Road; change the age of a child constituting child endangerment............................................................................................................ SB 58 Rules of the Road; driving under the influence; convicted for second time; change age of a child constituting child endangerment .................................. SB 18 Rules of the Road; failure to properly secure a load on a motor vehicle; increase the penalties .............................................................................................. SB 124 Rules of the Road; prohibit the use of telecommunications devices for oral communications; unless hands-free communication device; exceptions ............................................................................................................... SB 110 Safety Belts; modify definition of the term "passenger vehicle" to which the safety belt law applies.......................................................................................HB 365 Selling/Other Trade Practices; motor vehicles; custom design specifications; modify provisions ........................................................................... SB 166 Special License Plates; add supporting the Appalachian Trail Conservancy ...........................................................................................................HB 104 "Stacey Nicole English Act"; aid in the location of missing persons; incapacitated due to medical conditions; establish .................................................. SB 23 State Road and Tollway Authority; authorize motorcycles to operate in toll lanes/toll roads without payment of a toll ........................................................ SB 196 Traffic Offenses; DUI; first time conviction; require ignition interlock device ....................................................................................................................... SB 15 Transportation, Department of; local governing authority designating public streets or portions thereof for combined use of motorized carts and regular vehicle traffic; modify provisions ..............................................................HB 384 INDEX 4149 Unified Carrier Registration Act of 2005; transfer administration responsibilities from Department of Revenue to Department of Public Safety ......................................................................................................................HB 255 MUNICIPALITIES Municipalities; ante litem notice; provide the amount of damages sought ............HB 135 Downtown Development Authorities; undertake projects; reducing energy or water consumption; renewable resources............................................... SB 242 MUSCOGEE COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 N NATURAL GAS Motor Fuel Tax; define liquefied natural gas .........................................................HB 371 NATURAL RESOURCES, DEPARTMENT OF Coastal Waters, Beaches and Sand Dunes; Department of Natural Resources to issue letters of permission; establish authority .................................HB 402 Community Affairs, Department of; comprehensive plans of local government; revise the minimum elements............................................................ SB 104 Natural Resources, Department of; department creation and operation of a nonprofit corporation; revise provisions..............................................................HB 381 Natural Resources, Department of; Georgia Hazardous Waste Management Authority; change certain procedures regarding appropriations .........................................................................................................HB 276 Solid Waste Management; certain compliant inert waste landfills from additional regulatory permitting; exempt ...............................................................HB 320 Solid Waste Management; tire transportation, storage, and disposal; revise certain requirements .....................................................................................HB 226 Waste Management; hazardous waste sites; enrollment, participation, administration; revise provisions............................................................................ SB 176 NELSON Nelson, City of; powers and duties of mayor; provisions; revise........................... SB 238 NEWNAN Newnan, City of; change description of election districts........................................HB 72 NEWTON COUNTY State Highway System; dedicate certain portions ....................................................HR 46 4150 INDEX NONPROFIT CORPORATIONS Corporations, Partnership and Associations; there shall not be a penalty; member of U.S. armed forces/national guard; annual registration ........................ SB 244 Nonprofit Organizations; exclude certain events from "food service establishment" definition ........................................................................................HB 101 NONRESIDENTS Drivers' Licenses; authorize commissioner to enter into reciprocal agreements on behalf of Georgia for recognition of licenses issued by foreign territories ....................................................................................................HB 475 Lawful Presence; provide certain affidavit for persons under 18 years of age to be executed after attaining the age of 18 .....................................................HB 125 NURSES Georgia Board of Nursing; reconstitute; provisions...............................................HB 332 Nurses; provide continuing competency requirements as requirement for license renewal........................................................................................................HB 315 Nurses; require mandatory reporting........................................................................HB 50 Nurses; require mandatory reporting ....................................................................... SB 13 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements ........................................................................ SB 85 Professions/Businesses; provide definition for "psychological testing" ................ SB 211 Registered Professional Nurses; provide continuing competency requirements as a requirement for license renewal ................................................. SB 10 Tuition Equalization Grants; private colleges and universities; nursing; provisions................................................................................................................HB 293 NURSING HOMES Nursing Homes; annually offer influenza vaccinations to health care workers and other employees; require....................................................................HB 208 O OATH OF OFFICE All Senate members ................................................................................................. Page 3 OBSCENITY Offenses against Minors; sexual conduct and technology; modernize provisions of Code..................................................................................................HB 156 OCCUPATIONAL THERAPISTS Professions/Businesses; provide definition for "psychological testing" ................ SB 211 INDEX 4151 OCONEE JUDICIAL CIRCUIT Chattahoochee Judicial Circuit; Oconee Judicial Circuit; provide for additional judge ......................................................................................................HB 451 OPTOMETRISTS Optometrists; revise definition of optometry; remove certain exemption..............HB 235 P PARDONS AND PAROLES Corrections, Department of; State Board of Pardon and Paroles; former certified employees may retain their board issued weapon under certain circumstances; provide ...........................................................................................HB 482 Sexual Offender Registration Review Board; authorize, review and utilize records of Board of Pardons and Paroles in making assessments ...............HB 122 PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Natural Resources, Department of; include an exemption for restoration of certain barns; promote Georgia tourist destinations........................................... SB 194 Natural Resources, Department of; required to notify local governing authorities before making certain significant changes in park service...................HB 189 Oconee River Greenway Authority; change the membership................................HB 177 Park Rangers; any person obstructing or hindering the lawful discharge of official duties; prohibit ...........................................................................................HB 126 Special License Plates; add supporting the Appalachian Trail Conservancy ...........................................................................................................HB 104 PAULDING COUNTY Pleasant Eugene Holt Memorial Highway; Paulding/Carroll County; dedicate ................................................................................................................... SR 579 Property; authorize conveyance of certain state owned real property....................HR 205 State Highway System; dedicate certain portions ....................................................HR 46 PAYNE Macon, City of; Payne City, City of; Bibb County; nonpartisan elections of mayor and commissioners .................................................................................... SB 25 Macon, City of; Payne City, City of; Bibb County; change provisions relative to initial budgets ........................................................................................HB 571 Macon, City of; Payne City, City of; Bibb County; remove City of Payne City from consolidated charter; change provisions to initial budgets ....................HB 514 Payne City; abolish ................................................................................................... SB 28 4152 INDEX PEACE OFFICERS ANNUITY AND BENEFIT FUND Peace Officers' Annuity and Benefit Fund; amend definition; certified peace officers; conjunction with operation of public airport; membership.............. SB 52 PEACE OFFICERS; EMPLOYMENT AND TRAINING Peace Officers; disciplining certified officers and requirements for certification; clarify application of provisions........................................................HB 366 PEACHTREE CITY, CITY OF Peachtree City, City of; levy an excise tax.............................................................HB 528 PEACHTREE CORNERS, CITY OF Peachtree Corners, City of; city's ability to enter into agreements with other governmental entities; change certain provisions .........................................HB 575 Peachtree Corners, City of; "Redevelopment Powers Law"; provide for referendum..............................................................................................................HB 620 PENAL INSTITUTIONS Corrections, Department of; State Board of Pardon and Paroles; former certified employees may retain their board issued weapon under certain circumstances; provide ...........................................................................................HB 482 Courts; juvenile proceedings; substantially revise, supersede, and modernize provisions..............................................................................................HB 242 Criminal Cases; provide state with more direct appeal rights; provisions .............HB 349 Drivers' Licenses; mandatory ignition interlock devices following second conviction driving under influence of alcohol or drugs; modify provisions..........HB 407 Incarcerated Persons: place of residence; prior to arrest ......................................... SB 35 Incarcerated Persons; place of residence; prior to arrest ......................................... SB 19 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Probation of First Offenders; person disqualified from employment when discharged as felony offender; add private home care providers to list ................. SB 207 Sexual Offender Registration Review Board; authorize, review and utilize records of Board of Pardons and Paroles in making assessments ...............HB 122 PENAL INSTITUTIONS; GENERAL PROVISIONS Drivers' Licenses; prohibit persons convicted of felonies against victims who are minors from driving school and charter buses............................................ SB 84 Sexual Offender Registration Review Board; authorize, review and utilize records of Board of Pardons and Paroles in making assessments ...............HB 122 PERSONAL CARE HOMES Ad Valorem Tax; clarify which types of interests in real property; subject to taxation ...............................................................................................................HB 399 INDEX 4153 PETTYS, DICK; honored................................................................................... Page 2059 PHARMACISTS AND PHARMACIES Georgia Board of Pharmacy and Georgia Board of Dentistry; provide administratively attached to Department of Community Health............................HB 132 Juvenile Justice Department; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 Pharmacies; The Pharmacy Audit Bill of Rights; change certain provisions................................................................................................................HB 179 Pharmacies; use of remote order entry by hospital pharmacies; revise a provision ................................................................................................................. SB 216 Pharmacists and Pharmacies; add and revise definitions; revise requirements for license transfers for pharmacists licensed in another jurisdiction ..............................................................................................................HB 209 Pharmacists/Pharmacies; revise the definition of "security paper" ........................ SB 132 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements ........................................................................ SB 85 PHYSICAL THERAPISTS Professions/Businesses; provide definition for "psychological testing" ................ SB 211 PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Abortion; change certain provisions relating to criminal abortion........................... SB 37 Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise prov.................................................................... SB 94 Education; authorize public/private schools to stock a supply of auto-injectable epinephrine..................................................................................... SB 195 "Georgia Pain Management Clinic Act"; enact ......................................................HB 178 "Medical Practice Act of the State of Georgia"; provide administrative medicine licenses ....................................................................................................HB 317 Physician Assistants; authorize a physician to delegate a physician assistant the authority to prescribe Schedule II controlled substances................... SB 268 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements ........................................................................ SB 85 Physicians; continuing education requirements licensed to practice orthotics or prosthetics; revise provisions ................................................................HB 68 Professions/Businesses; provide definition for "psychological testing" ................ SB 211 Torts; provide payor guidelines and criteria under federal law shall not establish legal basis for negligence or standard of care for medical malpractice..............................................................................................................HB 499 PIERCE COUNTY Pierce County State Court; change compensation of judge and solicitor-general ......................................................................................................HB 592 4154 INDEX PODIATRY PRACTICE Podiatry; provide podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg......................................HB 192 POLK COUNTY Polk County Water Authority; change certain provisions relating to appointment, taking of office, and terms of office of members .............................HB 631 Polk County; Board of Education; revise districts for election of members..........HB 590 Polk County; board of elections and registration; provide for districts..................HB 630 Property; authorize conveyance of certain state owned real property....................HR 205 PORT WENTWORTH, CITY OF Port Wentworth, City of; change the description of the council districts .............. SB 250 PORTS AUTHORITY, GEORGIA "Partnership for Public Facilities and Infrastructure Act"; enact ........................... SB 255 POSTSECONDARY EDUCATION Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia...........................................HB 287 Tuition Equalization Grants; private colleges and universities; nursing; provisions................................................................................................................HB 293 POWDER SPRINGS, CITY OF Powder Springs, City of; change description of wards ..........................................HB 633 Powder Springs, City of; provide for city council terms and qualifications for office .................................................................................................................HB 634 PRICE, U.S. CONGRESSMAN TOM; addressed the Senate............................ Page 425 PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Firearms; authorize persons between the ages of 18 and 21 to carry under certain circumstances; provide issuance of a permit ................................................ SB 74 PRIVATE SCHOOLS Elementary and Secondary Education; authorize public and private schools to stock supply of auto-injectable epinephrine ..........................................HB 337 PROBATE COURTS Probate Courts; provide for prosecuting attorneys in counties where there is no state court ....................................................................................................... SB 120 INDEX 4155 PROBATION Drivers' Licenses; mandatory ignition interlock devices following second conviction driving under influence of alcohol or drugs; modify provisions..........HB 407 Probation of First Offenders; person disqualified from employment when discharged as felony offender; add private home care providers to list ................. SB 207 PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Professional Counselors; revise definitions relating to marriage and family therapy ......................................................................................................... SB 128 PROFESSIONS AND BUSINESSES Abortion; change certain provisions relating to criminal abortion........................... SB 37 Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise prov.................................................................... SB 94 Chiropractors; revise the definition of the practice of chiropractic........................ SB 261 Cosmetologists; modify the requirements for continuing education ....................... SB 64 Education; authorize public/private schools to stock a supply of auto-injectable epinephrine..................................................................................... SB 195 Firearms; authorize persons between the ages of 18 and 21 to carry under certain circumstances; provide issuance of a permit ................................................ SB 74 Firearms; regulate the sale, use and possession in this state .................................. SB 101 Georgia Athletic and Entertainment Commission; appointment of an executive director.................................................................................................... SB 129 Georgia Athletic and Entertainment Commission; revise the method of appointments........................................................................................................... SB 153 Georgia Board of Nursing; reconstitute; provisions...............................................HB 332 "Georgia Pain Management Clinic Act"; enact ......................................................HB 178 "Medical Practice Act of the State of Georgia"; provide administrative medicine licenses ....................................................................................................HB 317 Mortgage Broker; licensing requirements; licensed real estate brokers and salespersons assisting in a short sale real estate transaction; exempt................HB 83 Nurses; provide continuing competency requirements as requirement for license renewal........................................................................................................HB 315 Nurses; require mandatory reporting........................................................................HB 50 Nurses; require mandatory reporting ....................................................................... SB 13 Nursing Homes; annually offer influenza vaccinations to health care workers and other employees; require....................................................................HB 208 Optometrists; revise definition of optometry; remove certain exemption..............HB 235 Pharmacists and Pharmacies; add and revise definitions; revise requirements for license transfers for pharmacists licensed in another jurisdiction ..............................................................................................................HB 209 4156 INDEX Physician Assistants; authorize a physician to delegate a physician assistant the authority to prescribe Schedule II controlled substances................... SB 268 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements ........................................................................ SB 85 Physicians; continuing education requirements licensed to practice orthotics or prosthetics; revise provisions ................................................................HB 68 Podiatry; provide podiatric medicine includes the diagnosis and treatment of cosmetic conditions regarding the human foot and leg......................................HB 192 Professional Counselors; revise definitions relating to marriage and family therapy ......................................................................................................... SB 128 Professions and Businesses; provide certain military certifications entitle persons to obtain certain professional licenses in this state ...................................HB 188 Professions/Businesses; change the expiration/renewal dates for certain licenses/certificates issued by certain professional licensing boards ..................... SB 205 Professions/Businesses; license requirements for low-voltage electrical contracting .............................................................................................................. SB 265 Professions/Businesses; provide definition for "psychological testing" ................ SB 211 Registered Professional Nurses; provide continuing competency requirements as a requirement for license renewal ................................................. SB 10 State Construction Industry Licensing Board; require; provide for reciprocity with other states; licensing of electrical contractors ............................ SB 246 PROPERTY Ad Valorem Tax; requirements for land classified as bona fide conservation use property; provide revision...........................................................HB 197 American Indian Tribes of Georgia; recognized legitimate tribes; remove certain information..................................................................................................HB 203 Condominiums; change maximum allowable casualty insurance deductible imposed by associations........................................................................HB 458 Covenants and Warranties; provide certain covenants run with the land ..............HB 175 "Disposition of Unclaimed Property Act"; provide for presumption of abandonment of gift cards, that remain unclaimed one year after issuance ........... SB 190 Foreclosure; appraisal performed; deficiency judgment amount determinations......................................................................................................... SB 106 Foreclosure; general provisions .............................................................................. SB 123 Foreclosure; obtaining money judgments on obligations; provide certain requirements ........................................................................................................... SB 126 Georgia and Tennessee; boundary dispute; propose settlement.................................HR 4 Georgia Foundation for Public Education; state board donations, gifts and other property held in trust; authorize transfer .......................................................HB 116 Georgia Legacy Program; create; conservation funding mechanisms; operation ................................................................................................................. SB 210 INDEX 4157 Liens; mechanics and material men; provide special liens include amount due and interest on such amount.............................................................................HB 434 Mortgages, Liens, & Security; priorities between liens of mechanics/material men ......................................................................................... SB 269 Mortgages, Liens, and Security; hospital liens; change certain provisions............ SB 239 Motor Vehicles; modify age for operation of certain commercial motor vehicle operators.....................................................................................................HB 323 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Property; authorize conveyance of certain state owned real property....................HR 205 Property; foreclosure of security deeds; revise provisions ..................................... SB 108 Property; provide that actions for legal malpractice are not assignable; provisions................................................................................................................HB 359 Property; provide that choses in action for legal malpractice are not assignable; vacant/foreclosed real property registries; revise provisions...............HB 160 Property; purchaser of condominium development at a foreclosure take title subject to a lien .................................................................................................. SB 56 Public Property; granting of restrictive and nonexclusive easements for operation/maintenance of facilities, utilities 16 counties ....................................... SR 113 State Sales and Use Tax; change certain definition; provide exemption for tangible personal property to certain nonprofit health centers for only a limited period of time ............................................................................................HB 193 "Uniform Fraudulent Transfers Act"; provide for a definition; transfers to charitable organizations; clarify provisions............................................................ SB 105 Uniform Rule Against Perpetuities; validity of nonvested property interest/power of appointment; provisions ............................................................. SB 159 Yonah Band of Cherokees; officially recognize as an American Indian Tribe of Georgia .................................................................................................... SB 221 PROPERTY BOUNDARY LINES Georgia and Tennessee; boundary dispute; propose settlement.................................HR 4 PROPERTY DAMAGE AND INTRUSION Crimes and Offenses; criminal damage to property in second degree; include security cameras........................................................................................... SB 53 Fireworks; authorize possession/transportation of consumer fireworks and authorize sale; local governing authority of municipalities/counties .............. SB 229 Labor Organizations; membership; provide for definitions; provide statement of rights under federal law; provisions...................................................HB 361 PROPERTY; SPECIALIZED LAND TRANSACTIONS Condominiums; change maximum allowable casualty insurance deductible imposed by associations........................................................................HB 458 4158 INDEX PROSECUTING ATTORNEYS State Courts, Solicitors-General of; part-time solicitor-general; engage in private practice of law; not represent defendants in criminal matters in such solicitor-general's state court ............................................................................ SB 96 PSYCHOLOGISTS Professions/Businesses; provide definition for "psychological testing" ................ SB 211 PUBLIC ADMINISTRATION, OFFENSES AGAINST Interstate Cooperation; provide for delegation from the State of Georgia to certain conventions ............................................................................................. SB 206 Park Rangers; any person obstructing or hindering the lawful discharge of official duties; prohibit ...........................................................................................HB 126 PUBLIC ASSISTANCE Community Health, Department of; required to study and identify options for Medicaid reform................................................................................................ SB 163 Medicaid and PeachCare for Kids; certain speech-language pathology services; require reimbursement .............................................................................HB 240 Medical Assistance; provide for respiratory syncytial virus prophylaxis injections to infants................................................................................................. SB 217 Public Assistance; provide for a pilot program; smart cards for Medicaid program recipients .................................................................................................. SB 220 PUBLIC CONTRACTS Public Contracts; contracting and bidding requirements........................................ SB 168 Public Contracts; if sealed competitive proposal requested/price or project cost not a selection factor; no bid bond shall be required .......................... SB 179 Public Employers; provide annual report relative to compliance with certain laws; provide for certain report to Dept. of Audits and Accounts.............. SB 160 Public Works Contracts; governmental entities and Department of Administrative Services; provide certain contracting and bidding requirements ...........................................................................................................HB 362 PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Abortion; change certain provisions relating to criminal abortion........................... SB 37 Crimes and Offenses; certain veterans organizations may sell certain pull tab games of chance; define certain terms.............................................................. SB 272 Group-care Facility Operators; persons otherwise issued licenses as provided by law; provide exceptions; require certain employees to have fingerprint record checks ........................................................................................HB 350 Offenses against Minors; sexual conduct and technology; modernize provisions of Code..................................................................................................HB 156 INDEX 4159 Revenue and Taxation; transfer responsibility of coin operated machines from Department of Revenue to Georgia Lottery Corporation; provisions ...........HB 487 Rules of the Road; change the age of a child constituting child endangerment............................................................................................................ SB 58 Tobacco; provide regulation of cigar wraps ...........................................................HB 256 PUBLIC HEALTH, DEPARTMENT OF Evidence; professional forestry; Department of Public Health; AIDS; provisions....................................................................................................................HB 3 PUBLIC OFFICERS AND EMPLOYEES "Ava's Law"; provide definitions; certain insurance coverage for autism spectrum disorders .................................................................................................. SB 191 Budget Report; require certain items to be included in tax expenditure review .....................................................................................................................HB 454 Capitol Arts Standards Commission; designation of areas within capitol museum; Georgia Capitol Agricultural History Museum areas ............................. SB 274 Child's Health Insurance Information and Records; provide that both parents have equal access ........................................................................................... SB 1 Coroners; investigation fees; change certain provisions ........................................ SB 226 Georgia World Congress Center Authority; provide benefit programs to its officers, employees, and other agents................................................................HB 246 Insurance; allow issuance of group life insurance policy to certain groups as approved by the Commissioner..........................................................................HB 103 Interstate Cooperation; provide for delegation from the State of Georgia to certain conventions ............................................................................................. SB 206 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Public Officers; provide automatic fee adjustment in cases where funds are not appropriated in certain amounts for specified purposes .............................HB 127 Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia...........................................HB 287 State Employees Health Insurance Plan; define a certain term .............................. SB 164 State Employees' Health Insurance Plan; provide pilot program to provide coverage for bariatric surgical procedures for treatment and management of obesity ................................................................................................................HB 511 "Stevenson-Gibson Act"; definitions...................................................................... SB 119 PUBLIC OFFICERS AND EMPLOYEES; SALARIES AND FEES Career and Technical Education Advisory Commission; reestablish; membership............................................................................................................. SB 100 Georgia Emergency 9-1-1 Support Authority; create ............................................ SB 144 4160 INDEX PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Brady Law Regulations; prohibit the purchase/sale of hand guns and long guns on state property ............................................................................................. SB 219 Crimes/Offenses; define parameters for the use of unmanned aircraft in surveillance activities by private persons/law enforcement officers ...................... SB 200 "Elementary School Protection Act"; enact............................................................ SB 138 Firearms; authorize persons between the ages of 18 and 21 to carry under certain circumstances; provide issuance of a permit ................................................ SB 74 Firearms; carrying/possession for persons possessing valid weapons carry licenses; provide exemption from the application of certain laws ......................... SB 188 Firearms; certain laws regarding carrying and possession by retired judges; provide exemption........................................................................................HB 60 Firearms; provide that information relating to persons issued weapons carry licenses shall be confidential ......................................................................... SB 197 Firearms; regulate the sale, use and possession in this state .................................. SB 101 Gun Buy-Back Program; no public funds shall be expended by the state ............. SB 198 Offenses Against Public Order and Safety; define certain terms; prohibit possession of an assault weapon............................................................................. SB 146 Offenses Against Public Order and Safety; firearm; federal law/regulation; provisions ........................................................................................ SB 88 Public Order and Safety, Offenses Against; persons who are ineligible for weapons carry licenses; change provisions ............................................................ SB 161 Public Order and Safety; prohibit possession of assault weapon; provide penalties .................................................................................................................... SB 33 Public Order and Safety; unlawful for mentally incompetent person to possess a handgun; penalties .................................................................................... SB 34 "Safe Carry Protection Act"; enact .........................................................................HB 512 Wiretapping; interception of wire or oral transmissions by law enforcement; change provisions ...............................................................................HB 55 PUBLIC PROPERTY Public Property; writing off small amounts due to the state; change certain provisions......................................................................................................HB 45 PUBLIC RETIREMENT SYSTEMS STANDARDS Georgia Firefighters' Pension Fund; change the definition of the term "firefighter"; creditable service............................................................................... SB 235 Georgia Municipal Employees Benefit System; increase the total percentage of investments; real estate investments ................................................ SB 180 Georgia Municipal Employees Benefit System; increase total percentage of investments permissible in real estate investments ..............................................HB 71 Retirement System; board of trustees of public retirement systems; provide duties.......................................................................................................... SB 143 INDEX 4161 PUBLIC SAFETY, DEPARTMENT OF Kidnapping; require certain businesses and establishments post a model notice to enable persons who are the subject of human trafficking to obtain help and services..........................................................................................HB 141 Unified Carrier Registration Act of 2005; transfer administration responsibilities from Department of Revenue to Department of Public Safety ......................................................................................................................HB 255 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Georgia Firefighters' Pension Fund; change amount of dues required ..................HB 238 PUBLIC UTILITIES AND TRANSPORTATION Georgia Emergency 9-1-1 Support Authority; create ............................................ SB 144 Motor Vehicles; modify age for operation of certain commercial motor vehicle operators.....................................................................................................HB 323 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Public Utilities; provide venue for actions against gas companies ........................HB 194 "The Georgia Cogeneration and Distributed Generation Act of 2001"; provisions.................................................................................................................. SB 51 PULASKI COUNTY Hawkinsville, City of; Pulaski County; create and incorporate new political body corporate under name Hawkinsville-Pulaski County, Georgia ...................................................................................................................HB 286 PUTNAM COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 Putnam County State Court; judge and solicitor-general; change compensation ............................................................................................................HB 86 Q QUALITY BASIC EDUCATION Education; update and revise terminology; provisions ..........................................HB 283 QUITMAN COUNTY Quitman County; Board of Education; change certain provisions regarding the compensation of the chairperson and board members .....................HB 622 4162 INDEX R RABUN COUNTY Rabun County Convention and Visitors Bureau Authority; revise composition of board of directors...........................................................................HB 535 Rabun County Water and Sewer Authority; create ................................................HB 496 RANDOLPH COUNTY Randolph County; vehicles shall be registered and licensed to operate during four-month nonstaggered registration; repeal Act ......................................HB 277 RAY, JUDGE WILLIAM M., II; Election Certification .................................... Page 218 REAL ESTATE Mortgage Broker; licensing requirements; licensed real estate brokers and salespersons assisting in a short sale real estate transaction; exempt.......................HB 83 REAPPORTIONMENT Citizens' Redistricting Commission; create; membership; duties .......................... SB 152 Citizens' Redistricting Commission; establishment ............................................... SR 222 RESOLUTIONS OF THE SENATE, PRIVILEDGED, URGING, STUDY COMMITTEES Advance Directive for Health Care; urge adult citizens; appoint health care agent; treatment preferences ........................................................................... SR 413 165th Airlift Wing of the Georgia Air National Guard; recognize ........................ SR 590 2013 Secretary of the Senate Aides; commend ...................................................... SR 591 2013 Senate Aides; commend ................................................................................ SR 569 2013 Senate Interns; commend............................................................................... SR 570 4-H Clubs of Georgia; recognize.............................................................................. SR 39 6th Homeless Veterans Stand Down, 2nd Annual Homeless Female Veterans Stand Down, and Veterans Resource Fair Day; recognize April 27 ..................................................................................................................... SR 75 Adams, Dr. Michael F.; recognize.......................................................................... SR 168 Addison, Mr. Joe; recognize ..................................................................................... SR 60 Advance Directive for Health Care; urge adult citizens to strongly consider preparing; appoint health care agent ........................................................ SR 655 African Leadership Magazine, Dr. Ken Giami; recognize ..................................... SR 563 Agel, Sr., John Frederick; commend ...................................................................... SR 424 Agnelo dos Santos Queiroz Filho; recognize ......................................................... SR 571 Akridge, Ms. Morgan; commend ........................................................................... SR 705 Albrycht, Leslie; Outstanding Scholar; commend ................................................. SR 316 Allan, Juliet Elizabeth; Outstanding Scholar; commend........................................ SR 322 INDEX 4163 Allen, George G.; condolences ................................................................................. SR 53 Allen, Ronda; recognize ......................................................................................... SR 491 Allen, Sonya; recognize.......................................................................................... SR 463 Allgood, Mr. Luc; commend .................................................................................. SR 706 Alpha Gamma Rho Day; recognize February 20 ................................................... SR 193 Alpha Kappa Alpha Sorority, Kappa Omega Chapter; recognize.......................... SR 445 American Red Cross Month; recognize March ...................................................... SR 173 Amyotrophic Lateral Sclerosis Awareness Day; recognize January 30................. SR 121 Anderson, Natasha; recognize ................................................................................ SR 489 Antepenko, Mr. Christopher; commend ................................................................. SR 715 Aponte, Haley Elise; commend .............................................................................. SR 696 Appling Christian Academy Lady Eagles Basketball Team; congratulate ............ SR 525 Appling County Christian Academy Football Team; recognize ............................ SR 526 Armour, Lance; commend ...................................................................................... SR 665 Army, Department of the; request to carefully consider the socioeconomic impact; Programmatic Environmental Assessment ...................... SR 201 Assistance League of Atlanta; recognize................................................................ SR 505 Association of Private Sector Colleges and Universities; recognize...................... SR 576 Atlanta Falcons Football Team; recognize ............................................................. SR 599 Atlanta Falcons Football Team; recognize ............................................................. SR 626 Auger, James; recognize ........................................................................................... SR 38 Augusta Christian Schools Varsity Competition Cheerleading Team; congratulate............................................................................................................. SR 265 Augusta Christian Schools Varsity Football Team; congratulate .......................... SR 266 Autism Spectrum Disorders; request screening........................................................ SR 20 Aviation Day; recognize February 12 .................................................................... SR 211 Bagwell, Mr. Tommy; congratulate ....................................................................... SR 603 Baker, Dr. Champ; recognize ................................................................................. SR 159 Banks County Leopards Wrestling Team; congratulate......................................... SR 239 Bao, Wendi; STAR Student; commend.................................................................. SR 354 Barker, Garret Leighton; Outstanding Scholar; commend..................................... SR 309 Barker, Lindsey; recognize ..................................................................................... SR 472 Barnes, Tracy; recognize ........................................................................................ SR 388 Barrett, Chris; recognize ......................................................................................... SR 155 Bartlett, Marcus; recognize..................................................................................... SR 511 Battle of Chickamauga; recognize on September 18-20 ........................................ SR 533 Baxter, Ms. Alexandra; commend .......................................................................... SR 707 Berry, Mr. Arthur; recognize .................................................................................. SR 166 Bethlehem Lutheran Curch; congratulate............................................................... SR 403 Bigalke, Pastor Ron J.; recognize ........................................................................... SR 584 Birdsong, Mary Claire; congratulate ...................................................................... SR 238 Black History Month; recognize February ............................................................. SR 137 Black Star Educational Institute; recognize............................................................ SR 161 4164 INDEX Black, Mr. Jordan; commend ................................................................................. SR 708 Blackmon, Christian; recognize ............................................................................. SR 272 Bleckley/Pulaski Forestry Unit; recognize ............................................................. SR 196 Blowers, Jessie; Outstanding Scholar; commend................................................... SR 313 Board of Regents of the University System of Georgia; commend ....................... SR 699 Bohlke, M.D., W. Scott; recognize......................................................................... SR 408 Bowman, Michelle; recognize ................................................................................ SR 281 Bowman, Mr. Willie; condolences ......................................................................... SR 147 Boy Scouts of America; commend ......................................................................... SR 628 Boylan, CAP, Colonel Tonya R.; honoring............................................................ SR 515 Boylan, U.S. Army Retired Major General Peter J.; recognize ............................. SR 182 Brannen, Dianne; commend ................................................................................... SR 333 Brannen, Fire Chief Bobby; Glennville Volunteer Fire Department; recognize................................................................................................................. SR 362 Bray, Jennifer; recognize ........................................................................................ SR 473 Brock, Don; recognize ............................................................................................ SR 672 Brock, Sr., Harold Edward; condolences ............................................................... SR 575 Brogdon, Chief Tim; recognize .............................................................................. SR 187 Brooks, James; recognize ....................................................................................... SR 492 Brooks, Ms. Andrea P.F.; condolences .................................................................. SR 624 Brown, Dr. Wylie; recognize.................................................................................. SR 283 Brown, Monica Denise; commend ......................................................................... SR 192 Brown, Mrs. Mary; congratulate ............................................................................ SR 209 Brown, Ms. Taylor; commend................................................................................ SR 540 Browning, Mary; Outstanding Scholar; commend................................................. SR 307 Bryan, Kelly; recognize .......................................................................................... SR 290 Bryant, Gabrielle; recognize ................................................................................... SR 474 Bryant, Precious Bussey; condolences ..................................................................... SR 80 Buckner, Judge L. Gale; recognize......................................................................... SR 216 Building Owners and Managers Association of Georgia; recognize ..................... SR 580 Bulloch Fertilizer Company; congratulate ............................................................. SR 360 Burkhalter, Candace; recognize.............................................................................. SR 481 Burrell, Sr., Pastor Terrance LaVorn; commend.................................................... SR 235 Butikofer, Colonel Mitchel H.; recognize .............................................................. SR 503 Butler, Gary; recognize........................................................................................... SR 697 Bynum, Mrs. Edith; condolences ........................................................................... SR 553 Caldwell, Vanessa; recognize ................................................................................. SR 484 Callahan, Police Officer Sean; Deputy Sheriff Brian Lamar Mahaffey; honoring .................................................................................................................. SR 439 Canoochee EMC; congratulate ............................................................................... SR 670 Capitol Arts Standards Commission; urged to arrange for placement of an agricultural history museum area; state capitol ...................................................... SR 703 Carrington, Mikayla; recognize .............................................................................. SR 367 INDEX 4165 Carter, Former First Lady Rosalyn; recognize ....................................................... SR 243 Cavezza, Mr. Carmen; congratulate ......................................................................... SR 79 Centennial High School Model United Nations Team; congratulate ..................... SR 256 Cerpovicz, Dr. Paul; congratulate........................................................................... SR 701 Chadwick, Hunter; recognize ................................................................................. SR 368 Chambers, Jr., James Robert; recognize................................................................. SR 169 Chamblee Charter High School/ Chamblee Middle School; recognize ................. SR 684 Chance, Isabella Lola; celebrate birth .................................................................... SR 592 Chandler, Jr., John Parks; recognize......................................................................... SR 93 Change 4 Georgia and Remington Youngblood; recognize ................................... SR 546 Chappelle, Mr. John "Butch"; recognize ................................................................ SR 730 Chatham, Mr. Bretton; recognize ........................................................................... SR 675 Chick-fil-A Foundation; recognize......................................................................... SR 621 Children's Day; recognize February 26 .................................................................. SR 335 Chipper Jones Day; recognize March 5.................................................................. SR 419 City of Fort Oglethorpe Charter Study Committee; create .................................... SR 693 Civil Air Patrol Day; recognize March 13.............................................................. SR 429 Clayton County Black Ministers Fellowship; recognize........................................ SR 455 Clayton County Chamber of Commerce Day; recognize February 26 .................. SR 363 Clayton State University Women's Basketball Team; commend........................... SR 610 Clergy Day; recognize February 25........................................................................ SR 327 Cobb EMC Board of Directors, Management, and Employees; commend ........... SR 619 Coffee, Mr. Hugh L.; recognize ............................................................................. SR 632 Cohn, Brian; STAR Student; commend ................................................................. SR 357 Cole, Les; recognize ............................................................................................... SR 498 Coley, Reverend Donavon O.; honoring ................................................................ SR 458 Colley, Viniecia D.; Outstanding Scholar; commend ............................................ SR 304 Colson, Mr. Larry; condolences ............................................................................. SR 433 Columbus Day; recognize February 5 ...................................................................... SR 77 Community Affairs, Department of; urged to adopt critically needed changes; HomeSafe Georgia program .................................................................... SR 595 "Community Health Centers Day"; recognize February 14 ................................... SR 213 Conditioned Air Association of Georgia Day; recognize March 7 ........................ SR 361 Conger, DMD, Nelson B.; recognize ..................................................................... SR 208 Congress; request to reexamine U.S. Postal Service's initiative to conduct Area Mail Processing studies ................................................................................. SR 139 Congress; urge to require the identification of minors boarding domestic flights ........................................................................................................................ SR 10 Congress; urged to enact the Fair Tax ...................................................................... SR 71 Conley, Zachariah A.; recognize .............................................................................. SR 23 Connell, Dr. Don R.; recognize .............................................................................. SR 690 Connell, Jr., Speaker Pro Tempore Atticus Jerome "Jack"; honoring.................... SR 231 Considine, Sr., Mr. John "Jack" Murray; condolences........................................... SR 508 4166 INDEX Contractor, Alisha A.; Outstanding Scholar; commend ......................................... SR 300 Cook, Mr. Terrell Buford; condolences.................................................................. SR 534 Cooley, Mr. Jan; congratulate................................................................................. SR 606 Cooper, Mr. Stan; recognize................................................................................... SR 694 Cooper, Mrs. Jennie Agatha Anderson; condolences............................................... SR 54 Cordele-Crisp County Fish Fry; recognize............................................................... SR 29 Cornelia de Lange Syndrome Awareness Day; recognize May 11 ........................ SR 135 Corrigan, Lillian Kamack; condolences ................................................................. SR 656 Cosey, Ms. Sarah; commend .................................................................................. SR 447 Cosgrove, Ms. Brianna; commend ......................................................................... SR 716 Cosper, Captain James Paul; recognize .................................................................. SR 612 Cotton, Stacey L.; recognize................................................................................... SR 225 Council for Quality Growth Day; recognize February 26...................................... SR 237 Court Appointed Special Advocates (CASA); recognize ...................................... SR 124 Coweta County 4-H Horse and Pony Club; congratulate....................................... SR 153 Coweta-Fayette-South Fulton County Forestry Unit; recognize............................ SR 198 Cowne, Dallas; STAR Teacher; commend............................................................. SR 376 Coyle, Mary Lynn; recognize ................................................................................. SR 605 Crooks, Dr. Cheryl; recognize ................................................................................ SR 289 Crow, Thomas Alexander; recognize ..................................................................... SR 678 Cumberland Community Improvement District; honoring .................................... SR 259 Cunningham, Sam R.; recognize ............................................................................ SR 110 Cutchens, Mr. Jeffrey Keith; recognize.................................................................. SR 101 Cutter, Ms. Stephanie; recognize.............................................................................. SR 67 Czaykowsky, Mr. Chase; congratulate ................................................................... SR 406 Dade County High School Lady Wolverines Softball Team; congratulate ........... SR 249 Dagget, Mr. & Mrs James Eugene and Anna Marie; congratulate ........................ SR 248 Dahlonega Woman's Club; recognize .................................................................... SR 437 Dalton High School Boys Swimming and Diving Team; congratulate ................. SR 382 Danley, Georgie Hall; recognize ............................................................................ SR 150 Davis, Lieutenant Colonel John E.; recognize ....................................................... SR 109 Davis, Mrs. Beulah; honoring................................................................................. SR 530 Delta Sigma Theta Sorority, Inc.; commend .......................................................... SR 171 "Dental Hygienists Appreciation Day"; recognize February 1 ................................ SR 62 Dick Pettys Senate Press Conference Room; designate ......................................... SR 203 DiRuggiero, Benjamin; recognize .......................................................................... SR 210 District 35 Legislative Day; recognize March 26................................................... SR 639 Doster, Johnathon Gabriel; recognize .................................................................... SR 451 Dozier, Dr. Cheryl Davenport; congratulate .......................................................... SR 372 DuBois, Rachael; recognize.................................................................................... SR 465 Duffy, Stacey Osborne; recognize.......................................................................... SR 227 Dunn, David; recognize .......................................................................................... SR 644 Eagle's Landing Christian Academy Football Team; recognize .............................. SR 50 INDEX 4167 Eagle's Landing High School Boys Basketball Team; recognize .......................... SR 547 East Georgia State College Men's Basketball Team; recognize ............................ SR 700 Ebenezer African Methodist Episcopal Church; congratulate ............................... SR 688 Economic Development, Department of; urged to promote and strengthen ties with African nations ............................................................................................ SR 9 Elder, Susan; recognize .......................................................................................... SR 402 Ellis, Simon Thomas "Tom"; condolences............................................................. SR 620 Emanuel County Institute High School football team; recognize .......................... SR 212 Emergency Medical Services Day; recognize February 20 ................................... SR 219 End the Commercial Sexual Exploitation of Children Day; recognize February 7 ............................................................................................................... SR 197 Engineering Day; recognize February 22 ............................................................... SR 230 Environmental Protection Agency; request to take action; removal/proper disposal; Caustic Brine Pool at Linden Chemical and Paint site in Glynn County, Georgia...................................................................................................... SR 506 Equine Youth Day; recognize February 5 ................................................................ SR 85 Erwin, Christopher B.; recognize ........................................................................... SR 240 Evans, Mr. John H.; congratulate ............................................................................. SR 74 Everhart, Chairman Sue P.; recognize.................................................................... SR 329 Ewing, Mr. Mort; recognize ..................................................................................... SR 51 Ewing, Mr. Robert F.; recognize ............................................................................ SR 650 Falk, Carolyn; Outstanding Scholar; commend ..................................................... SR 298 Family and Consumer Sciences Day; recognize February 26................................ SR 338 Farm to School 5 Million Meals Campaign; recognize.......................................... SR 430 Federal, State, and Local Government Agencies; urged not to contract with persons/businesses engaged in investment activities in Iran.......................... SR 331 Fellowship of Christian Athletes of Georgia; recognize ........................................ SR 250 Felt, Caitlin; STAR Student; commend.................................................................. SR 377 Ferreira, Bishop Manoel; congratulate ................................................................... SR 572 Firefighters' Recognition Day; recognizing February 5 ......................................... SR 152 Flanigan, Captain Calvin "Cal"; congratulate ........................................................ SR 683 Floyd, Christopher; Outstanding Scholar; commend ............................................. SR 299 Foley, Mr. Jeffrey W.; recognize............................................................................ SR 651 Fort Oglethorpe Recreation Association Lakeview Warriors Baseball Team; congratulate ................................................................................................. SR 532 Foster, Jr., Charles; condolences ............................................................................ SR 652 Foust, Benjamin; recognize .................................................................................... SR 479 Fowler, Rachel; condolences .................................................................................... SR 68 Fowler, Rachel; condolences .................................................................................. SR 164 Frady, Morris; condolences .................................................................................... SR 130 Frady, Mrs. Carolyn; STAR Teacher; commend ................................................... SR 374 Free, James Tobe; condolences .............................................................................. SR 117 Freeman, Mr. Sanford; commend........................................................................... SR 544 4168 INDEX Freeman, Tamika; recognize .................................................................................. SR 389 Frost, Randall; recognize ........................................................................................ SR 601 "Ft. Stewart/Hunter Army Air Field U.S. Army DENTAC Organization Day"; recognize February 12 .................................................................................... SR 63 Fulkerson, William Nathaniel; recognize ................................................................. SR 89 Fulton County Marshal's Department; recognize ................................................... SR 279 Fulton County School System; recognize .............................................................. SR 554 Funk, Dr. Denise; recognize ................................................................................... SR 177 Fussell, Mr. Willie James; congratulate ................................................................. SR 637 Future Farmers of America Day; recognize February 19......................................... SR 40 Gainesville High School Girls Golf Team; commend ........................................... SR 566 Gainesville High School Golf Team; congratulate ................................................ SR 567 Gainesville High School Red Elephants Football Team; congratulate .................. SR 568 Gainesville-Hall County Day; recognize February 14 ........................................... SR 183 Garcia, Ana Paula; recognize ................................................................................. SR 366 Garner, Ms. Becki; recognize ................................................................................. SR 446 Garner, Ms. Katie; commend ................................................................................. SR 519 Garnto, Kelsi S.; Outstanding Scholar; commend.................................................. SR 318 Garrett, Mrs. Sabrina; recognize............................................................................. SR 669 Gary, Mrs. Dawn; commend .................................................................................. SR 449 General Assembly Convened; notify the Governor ................................................... SR 3 Genocide Prevention and Awareness Month; recognize April 2013 ..................... SR 453 Georgia Aerospace Industry; recognize ................................................................. SR 172 Georgia Airports Association; commend ............................................................... SR 343 Georgia based American Association of Adapted Sports Programs; commend................................................................................................................. SR 421 Georgia Career and Technical Student Organizations (CTSO) Day; recognize February 12 .............................................................................................. SR 41 Georgia Civil War Commission; commend ........................................................... SR 330 Georgia Council of Deliberation; recognize........................................................... SR 381 Georgia Court Reporting and Captioning Week; recognize February 17-23........................................................................................................ SR 253 Georgia Department of Transportation; urge to extend State Route 341 north to Georgia/Tennessee; include McFarland Ave. in Rossville, Georgia ................................................................................................................... SR 613 Georgia Downtown Renaissance Day; recognize March 12 .................................. SR 448 Georgia Economic Developers Association; commend ........................................... SR 49 Georgia Farm Bureau Federation Day; recognize February 12 ............................... SR 27 Georgia Links Day; recognize March 26 ............................................................... SR 527 Georgia Military Veterans Hall of Fame; commend .............................................. SR 616 Georgia Peach Festival and 2012 Georgia Peach Queens; commend ...................... SR 66 Georgia Power Linemen, International Brotherhood of Electrical Workers Local 84, Georgia AFL-CIO members; recognize ................................................. SR 346 INDEX 4169 "Georgia Pre-K Week"; recognize first week of October ...................................... SR 529 Georgia Program Integrity Senate Study Committee; create ................................. SR 597 Georgia REALTORS Day; recognize ................................................................... SR 47 Georgia School Counselors Association; implementation of comprehensive school counseling programs for Georgia students ........................ SR 617 Georgia Southern University ROTC Program's 2013 Ranger Challenge Team; commend ..................................................................................................... SR 417 Georgia State University Day; recognize February 6............................................. SR 114 Georgia Student Finance Commission; urge to provide General Assembly necessary data to assess whether HOPE meeting desired results........................... SR 185 Georgia Surgeons' Day; recognize March 21 ......................................................... SR 560 Georgia Tech Student Day; recognize ...................................................................... SR 45 Georgia, State of; U.S. Department of State; Republic of Georgia; recognize law enforcement cooperation ................................................................. SR 188 Georgia's Congressional Delegation, Congress, and President Obama; request immediately resolve the national debt crisis .............................................. SR 423 Gherghi, Diana; recognize ...................................................................................... SR 156 GHP Legislative Appreciation Day; recognize March 1........................................ SR 334 Gibson, Brendan Jackson; recognize...................................................................... SR 450 Gideon v. Wainwright; recognize........................................................................... SR 695 Gillis, Sr., Senator Hugh Marion; honoring ........................................................... SR 229 Girl Scouts Day; recognize February 12 ................................................................ SR 125 Godfrey, Mr. Buck; recognize ................................................................................ SR 414 Goff, Nicholas; recognize ...................................................................................... SR 495 Gordon Lee High School Lady Trojans Basketball Team; congratulate ............... SR 557 Gordon Lee High School Wrestling Team; recognize ........................................... SR 384 Gordon Lee Memorial High School Lady Trojan Softball Team; congratulate............................................................................................................. SR 364 Gordon Lee Pep Squad; recognize ......................................................................... SR 731 Governor; urge to expand Medicaid coverage undee Affordable Care Act ............. SR 12 Graham, Priscilla; recognize................................................................................... SR 122 Gray, Jamie; commend ........................................................................................... SR 123 Gray, Mr. Mark; recognize ..................................................................................... SR 195 Gray, Mrs. Jamie; congratulate................................................................................. SR 78 Great American Bus Interactive Education, LLC (G.A.B.I.E.); recognize............ SR 263 Gresh, Ms. Kim; recognize ..................................................................................... SR 680 Griffin, Sara; recognize .......................................................................................... SR 282 Griffis, Amy; recognize .......................................................................................... SR 496 Grigsby, Christy; recognize .................................................................................... SR 486 Grimes, Deborah "Debbie" G.; recognize .............................................................. SR 676 Gudger, Mrs. Tammy; recognize............................................................................ SR 666 Gullatte, Frank; commend ...................................................................................... SR 151 Gwinnett County Day; recognize February 13....................................................... SR 128 4170 INDEX Habersham County Day; recognize February 20 ..................................................... SR 86 "Habitat for Humanity Day"; recognize March 20................................................. SR 512 Hale, Brian; recognize ............................................................................................ SR 476 Hall, Kalie; recognize ............................................................................................. SR 518 Hanks, J. Daniel; recognize .................................................................................... SR 516 Hanley, Logan Richard; Outstanding Scholar; commend ...................................... SR 315 Hansen, Christina; commend.................................................................................. SR 662 Hansen, Coach John; recognize .............................................................................. SR 218 Hardin, Kristy Ann; Outstanding Scholar; commend ............................................ SR 317 Harp, Alec Trent; recognize ..................................................................................... SR 33 Harrison, Delaney; recognize ................................................................................. SR 729 Hawkins, Lady Tramaine; recognize...................................................................... SR 457 Hawkins, Ms. Verenice; recognize......................................................................... SR 686 Hayden, Dakota; recognize..................................................................................... SR 269 Health Insurance; requesting the repeal of the $100 billion federal sales tax imposed by Affordable Care Act ...................................................................... SR 228 Heimlich, Brittany; recognize................................................................................. SR 387 Henderson, Mr. Ashley; commend........................................................................... SR 98 Henderson, Ms. Carol; recognize ........................................................................... SR 646 Hendley, Ms. Wendye; commend .......................................................................... SR 536 Henry County Day; recognize February 13............................................................ SR 223 Heritage High School Five Star Dance Team; recognize....................................... SR 514 Heritage High School Junior Varsity Dance Team; recognize .............................. SR 513 Hidalgo, Michael Conrad; recognize........................................................................ SR 69 Highsmith, Mrs. Lee D.; recognize ........................................................................ SR 607 Hill, Hunter Michael; Eagle Scout; recognize.......................................................... SR 94 Hill, Ms. Diane; commend ..................................................................................... SR 545 Hirsch, Kelsey; congratulate................................................................................... SR 254 Hitchon, Ms. Abigail; commend ............................................................................ SR 709 Holder, Mr. Warren; commend .............................................................................. SR 443 Holloman, LaNette; recognize................................................................................ SR 319 Holman, Steve; recognize ....................................................................................... SR 278 Hortman, Ms. Joy; recognize.................................................................................. SR 276 Howell, Brenda; recognize ..................................................................................... SR 464 Hudmon, Piper; recognize ...................................................................................... SR 477 Hunter, Sheila; recognize ....................................................................................... SR 143 Hurley, Amber; recognize ...................................................................................... SR 470 Hyche, Mrs. Alice Laird; recognize ....................................................................... SR 138 Imagine It! The Children's Museum of Atlanta; congratulate................................ SR 175 Independent Physician Practices in Georgia; create senate study committee ............................................................................................................... SR 340 Ingram, Rena E.; Outstanding Scholar; commend ................................................. SR 323 Interfaith Children's Movement Day; recognize February 12 ................................ SR 221 INDEX 4171 International Association of Machinists and Aerospace Workers; congratulate............................................................................................................. SR 409 International Olympic and U.S. Olympic Committee; request support toward the reinstatement of wrestling in the Olympic Games ............................... SR 523 Involuntary Servitude; expressing remorse for the state's past practice................... SR 28 Ivester, Mr. Nathan; commend ............................................................................... SR 711 Jackson, Alice; recognize ....................................................................................... SR 687 Jackson, Billy and Saundra; congratulate............................................................... SR 587 Jackson, Chase Henrick; recognize ........................................................................ SR 517 "Jacob Moore Day"; recognize March 10 .............................................................. SR 441 Jameson, Mr. Kyler; commend............................................................................... SR 719 Jefferson High School Dragons; congratulate ........................................................ SR 241 Jenkins-Thompson, Mrs. Thomasina; recognize .................................................... SR 111 John Bulloch Day; recognizing February 8 ............................................................ SR 194 Johnson High School Boys Basketball Team; congratulate................................... SR 609 Johnson, Calvin; recognize ....................................................................................... SR 16 Johnson, Mr. Randale; condolences ....................................................................... SR 550 Jones, Canton; congratulate .................................................................................... SR 119 Jones, Jeffery; recognize......................................................................................... SR 480 Jones, Mary; recognize ........................................................................................... SR 405 Jones, Mrs. Parnell M.; recognize ............................................................................ SR 57 Jones, Sr., Mr. Johnnie Paul; condolences ............................................................. SR 501 Jonson, Payton; congratulate .................................................................................. SR 611 Judicial Council and the Administrative Office of the Courts; commend ............. SR 165 Junior Leagues of Georgia State Public Affairs Committee; recognize................. SR 431 Kalyta, Kelsey A.; Outstanding Scholar; commend............................................... SR 321 Kannady, Lynda; recognize .................................................................................... SR 497 Kappa Alpha Psi Fraternity, Inc.; recognize............................................................. SR 56 Keener, Dustin; recognize ...................................................................................... SR 673 Keep Georgia Beautiful Foundation; recognize ..................................................... SR 555 Kelly, Emily; STAR Student; commend ................................................................ SR 356 Kemp, Kathryn Stein; recognize ............................................................................ SR 493 Kennard, Nicole; recognize .................................................................................... SR 500 Kennesaw State University; recognize ................................................................... SR 509 Khosravi, Hasan; Outstanding Scholar; commend................................................. SR 294 Kids' Chance of Georgia; commend ....................................................................... SR 440 Kimball, Ms. Jennifer; commend ........................................................................... SR 535 Kimbrough, Reverend Willie C.; condolences ....................................................... SR 160 Kingdom Christian Academy and Preparatory School Basketball Team; recognize................................................................................................................. SR 586 Kitchens, Ms. Michelle; commend......................................................................... SR 520 Knickerbocker, Ms. Kathryn; commend ................................................................ SR 710 Kuhles, Mr. Clayton; recognize.............................................................................. SR 653 4172 INDEX Kundell, Dr. James E. "Jim"; recognize ................................................................. SR 633 Ladd, Donna Peeples; recognize ............................................................................ SR 658 Lancaster, Grant; recognize ........................................................................................ SR 5 Lane, Ellen; recognize ............................................................................................ SR 401 Lane, Mr. Jane; recognize....................................................................................... SR 435 Langdale, Jr., Harley; honoring .............................................................................. SR 232 Langford, Jennifer; recognize ................................................................................. SR 482 Layfield, Mr. Thomas; commend ........................................................................... SR 539 Lee, Mr. Oliver; condolences ................................................................................. SR 341 Lee, Rebecca "Becky"; commend .......................................................................... SR 332 Lester, Kim; recognize............................................................................................ SR 494 Lindborg, Rebekah J.; Outstanding Scholar; commend ......................................... SR 306 Lindsey, Mr. Jon; commend ................................................................................... SR 631 Link, Tina; recognize.............................................................................................. SR 291 Lo, Krystal; STAR Student; commend................................................................... SR 355 Loganville Christian Academy Varsity Competition Cheerleading Team; recognize and congratulate ..................................................................................... SR 234 Loganville Christian Academy Varsity Football Team; recognize and congratulate............................................................................................................. SR 233 Loganville Middle School Lady Red Devils Basketball Team; congratulate............................................................................................................. SR 411 Lohr, Shelby Regan; Outstanding Scholar; commend ........................................... SR 305 Long, Richard A.; condolences .............................................................................. SR 524 Lord, Mr. Austin; commend ................................................................................... SR 720 Lott, Kason; congratulate ....................................................................................... SR 199 Loudermilk, Ms. Mary; commend.......................................................................... SR 721 Loughman, Kyle Olbert; recognize .......................................................................... SR 32 Lukken, Mr. Walter Johnson; condolences ............................................................ SR 251 Lupus Awareness Day; recognize February 13 ...................................................... SR 126 Lynch, Rosemary Schwarz; honoring and celebrating 100th birthday .................. SR 236 Mack, Ms. Deborah Keith; recognize..................................................................... SR 178 Maddox, Elton; recognize....................................................................................... SR 602 Magnus, Doug; recognize ....................................................................................... SR 643 Major, John; recognize ........................................................................................... SR 668 March of Dimes Day; recognize March 13 ............................................................ SR 434 Maret, Galen Lane; Outstanding Scholar; commend ............................................. SR 302 Marley, Stephanie; recognize ................................................................................. SR 392 Marshall, William P. "Bill"; condolences............................................................... SR 574 Martin, David; recognize ........................................................................................ SR 288 Martin, Frank Kieffer; condolences.......................................................................... SR 81 Martin, Matthew J.; Outstanding Scholar; commend............................................. SR 324 Marvets, Teresea; recognize ................................................................................... SR 475 Masiarczyk, David; recognize .................................................................................. SR 92 INDEX 4173 Mason, Mr. Greg; recognize................................................................................... SR 202 Massell, Sam; Buckhead Coalition; recognize ....................................................... SR 258 Masten, Mr. Caleb; commend ................................................................................ SR 724 Mata, Giwayen; recognize ...................................................................................... SR 596 Maynard, Rita B.; condolences............................................................................... SR 328 McBrayer, Mr. Neil; commend .............................................................................. SR 120 McCall, Mr. John David; condolences ................................................................... SR 522 McCall, Mr. John David; condolences ................................................................... SR 704 McCorkle, Sara; congratulate ................................................................................. SR 339 McDermitt, Charlie; recognize ............................................................................... SR 270 McIntosh High School Lady Chiefs Soccer Team; recognize ............................... SR 132 McJunkins, Treniece; recognize ............................................................................. SR 386 McMahon, Major General Robert; congratulate .................................................... SR 115 Meadows, Sherrie; recognize ................................................................................. SR 487 Meaux, Andrew Keniston; recognize ....................................................................... SR 87 Medical College of Georgia; recognize .................................................................. SR 134 Melzar, Wendye; recognize .................................................................................... SR 390 Miller Grove High School Varsity Boys Basketball Team; congratulate .............. SR 565 Miller Grove High School Varsity Boys Basketball Team; congratulate .............. SR 681 Montgomery, Sean; recognize ................................................................................ SR 271 Moore, Jr., Pastor George Anthony; recognize ........................................................ SR 64 Morgan, William Patrick; commend ...................................................................... SR 667 Morrison, Mr. Billy Douglas "Cotton"; condolences ............................................. SR 573 Mosley, Reverend Toney; recognize ...................................................................... SR 407 Mowery, Cullen; STAR Student; commend........................................................... SR 359 Multi-Agency Alliance for Children Day; recognize March 19 ............................ SR 452 Musey, Jr., Philip Michael; recognize ...................................................................... SR 34 Nagle, Charles R.; recognize .................................................................................. SR 636 Nance, Mrs. Sherri J.; recognize............................................................................. SR 190 National Blood Donor Month; recognize ................................................................. SR 83 National Guard Day; recognize January 29.............................................................. SR 48 National Nursing Home Week; recognize May 12-18 ........................................... SR 559 Naval Submarine Base Kings Bay; recognize ........................................................ SR 507 Neal, Aretha; recognize .......................................................................................... SR 260 Nemecek, Ms. Rebecca; commend......................................................................... SR 537 Ness, Heather; Outstanding Scholar; commend ..................................................... SR 295 Newroth, Bennie Butler; commend ........................................................................ SR 649 Newton County College and Career Academy; recognize ..................................... SR 682 NFIB/Georgia's Small Business Day; recognize February 13 ............................... SR 214 Nguyen, Tiffany; STAR Student; commend .......................................................... SR 352 Nichols, Matthew; recognize .................................................................................. SR 140 Niu, Catherine; STAR Student; commend ............................................................. SR 350 Nix, Mr. Jerry; recognize........................................................................................ SR 641 4174 INDEX North Hall High School Tojans Varsity Boys Basketball Team; congratulate............................................................................................................. SR 600 Northwest Whitefield County High School Lady Bruins Softball Team; recognize................................................................................................................. SR 215 Nwosu, Emmanuel; condolences............................................................................ SR 432 Oconee District; recognize ..................................................................................... SR 200 Ogburn, Robert; recognize...................................................................................... SR 391 Olson, Charly Jo; STAR Student; commend.......................................................... SR 353 Oltjenbruns, Timothy A.; recognize ......................................................................... SR 22 Ortiz, Ms. Kristina Adrienne; recognize ................................................................ SR 141 Osborne, Coach Brian; recognize ........................................................................... SR 149 Outspoken Therapy Services, Inc.; recognize ........................................................ SR 561 Oxford, First Lieutenant Robert Eugene; condolences .......................................... SR 654 Pace, Zoe; recognize ............................................................................................... SR 369 Parachute Packers Club of Flowery Branch High School; recognize .................... SR 176 Parden, Blake; recognize ........................................................................................ SR 365 Parker, Mrs. Carolyn Diane Pearson; condolences ................................................ SR 204 Parker, Ms. Lula Mae; honoring............................................................................. SR 252 Pate, Mr. Sam; recognize........................................................................................ SR 726 Pate, Mrs. Nan; recognize....................................................................................... SR 725 Patel, Amanda; recognize ....................................................................................... SR 400 Patterson, William Alan; commend........................................................................ SR 659 Paulk, Mr. Ashley; recognize ................................................................................... SR 95 Payne, Ms. Rhonda; condolences ........................................................................... SR 638 Peanut Butter and Jelly Day; recognize March 1 ................................................... SR 242 Peoples, Dottie; recognize ...................................................................................... SR 456 Peppers, Sr., Judge Charles D. "Donny" ................................................................ SR 685 Perez, Rodolfo; recognize....................................................................................... SR 478 Peters, Sironda; recognize ...................................................................................... SR 399 Phan, Andrew Nguyen; Outstanding Scholar; commend....................................... SR 303 Phillips, Mr. Ronnie; recognize .............................................................................. SR 679 Pike County Day; recognize January 30................................................................... SR 46 Pippin, Kay; recognize............................................................................................ SR 224 Pointer, Louis W.; honoring ..................................................................................... SR 18 Pollack, Joel; recognize .......................................................................................... SR 548 Ponder, Reverend Ulysses; recognize .................................................................... SR 246 Pool, Arielle; recognize .......................................................................................... SR 287 Pope High School Wrestling Team; recognize....................................................... SR 280 Pope, Alexis; commend .......................................................................................... SR 663 Powell, Jr., Dr. Hudson; recognize ......................................................................... SR 702 Powell, Ms. Fay Bellamy; condolences.................................................................. SR 336 Prather, Brendan; recognize.................................................................................... SR 145 Price, Theresa; recognize........................................................................................ SR 483 INDEX 4175 Prince, Mr. Thomas Adam; condolences................................................................ SR 189 Proctor, Mr. Mike; Daggett, Mr. Monty; recognize ............................................... SR 116 QT Kitchens and the QuikTrip Corporation; recognize ......................................... SR 577 Ragan, Jennifer A.; Outstanding Scholar; commend ............................................. SR 296 Ragin, Tyler; Boys & Girls Clubs of Georgia's 2013 Youth of the Year; recognize................................................................................................................. SR 582 Rainey, Dr. Archie; recognize ................................................................................ SR 425 Ramer, Stephanie; Boys & Girls Clubs of Georgia's 2013 Military Youth of the Year; recognize............................................................................................. SR 583 Reddy, Mr. Shyam K.; recognize ........................................................................... SR 552 Rees, Ms. Salli; recognize ...................................................................................... SR 689 Resnick, David; congratulate.................................................................................. SR 257 Reynolds, Rosie; recognize .................................................................................... SR 466 Rhodes, Jonathan; recognize .................................................................................... SR 43 Ricciardi, Ms. Nancy; recognize ............................................................................ SR 174 Ridderhoff, Betty Irene; condolences ..................................................................... SR 698 Riley, Sr., Roscoe Walker; condolences................................................................... SR 36 Roberts, Ms. Bonnie; commend ............................................................................. SR 541 Roberts, Ms. Lynn; commend ................................................................................ SR 542 Robertson, Deborah; recognize .............................................................................. SR 490 Robertson, Lewis P.; condolences .......................................................................... SR 129 Rodriguez, Juan M.; Outstanding Scholar; commend ............................................ SR 308 Rolling, Linda; recognize ....................................................................................... SR 157 Romano, Nicholas Herrington; commend .............................................................. SR 674 Rooks, Sarah A.; Outstanding Scholar; commend ................................................. SR 326 Roper, Spencer Lane; commend............................................................................. SR 660 Rose, Tyler; recognize ............................................................................................ SR 627 Rosenbaum, Jennifer Michelle; Outstanding Scholar; commend .......................... SR 311 Ross, Deputy Jason Michael; recognize ................................................................. SR 426 Rotary Club of Atlanta; commend.......................................................................... SR 581 Rouis, Miss Nicole Leigh; condolences ................................................................. SR 206 Roy, Roberto; recognize ......................................................................................... SR 344 Rumford, Dr. Steve L.; recognize........................................................................... SR 578 Rural Health Day; recognize February 20 .............................................................. SR 186 Sall, Doran Yvette; recognize................................................................................. SR 397 Sams, Jr., Dr. Ferrol; condolences.......................................................................... SR 162 Sandy Creek High School Football Team; recognize .............................................. SR 17 Sappington, Jennifer; recognize ............................................................................. SR 460 Savannah Chapter of Jack and Jill of America; recognize ....................................... SR 58 Scott, Dr. Hazel; recognize ....................................................................................... SR 61 Screven County Development Authority; recognize................................................ SR 42 Scrutchins, Marcus; recognize................................................................................ SR 146 Senate Convened; notify the House of Representatives ............................................. SR 2 4176 INDEX Senate Officials, Employees, and Committees; relative ............................................ SR 4 Senate Preservation of Sapelo Island Study Committee; create............................... SR 11 Senate State FairTax Study Committee; create ........................................................ SR 72 Senate; adopt the Rules............................................................................................... SR 1 Senior Week; recognize February 27-28 ................................................................ SR 127 Shaw, Mollie Anna; commend ............................................................................... SR 677 Shead, Ariel B.; Outstanding Scholar; commend................................................... SR 301 Shedd, Ms. Janice; commend ................................................................................. SR 712 Sheffield, Lamont; recognize ................................................................................. SR 459 Sikh Community; recognize ................................................................................... SR 648 Sister2Sister Weekend; recognize May 10-12........................................................ SR 645 Skelton, Maigen; recognize .................................................................................... SR 148 Skin Cancer Awareness Day; recognize February 6 .............................................. SR 136 Smith III, Reverend W. Ches; condolences............................................................ SR 585 Smith, DeFord Lawson; recognize ........................................................................... SR 90 Smith, Eric; recognize ............................................................................................ SR 284 Smith, Mrs. Jo Ellen; recognize.............................................................................. SR 167 Smith, Ms. Ondi; commend.................................................................................... SR 713 Smith, Richard Colin; commend .............................................................................. SR 31 Snead, Lela; recognize............................................................................................ SR 467 Social Security, Medicare, and Medicaid; support ................................................ SR 625 Sorenson, Dan; recognize ....................................................................................... SR 286 South Hall Republican Club; recognize ................................................................. SR 275 Southern Alliance for Clean Energy....................................................................... SR 502 Spaceport Georgia; requesting the support............................................................. SR 292 Sparks, Ms. Dorothy Danley; recognize................................................................. SR 131 Spencer, Charles Glover; recognize ......................................................................... SR 88 "Sportsmen's and Coastal Day at the Capitol"; recognize January 17 ..................... SR 14 St. Joseph's/Candler Health System of Savannah, Georgia; recognize .................... SR 35 St. Patrick Day Parade Committee; recognize........................................................ SR 380 Stahl, Mrs. Ann; recognize ..................................................................................... SR 727 Stakich, Jennifer Rose; Outstanding Scholar; commend ....................................... SR 312 State Board of Pardon and Paroles; urged to issue a Certificate of Restoration of Voting Rights; completion of criminal sentence .............................. SR 59 State Restaurant Day; recognize February 19 ........................................................ SR 205 Stephens, Barbara McDaris; recognize .................................................................. SR 593 Stephenson, Mr. Matt; commend ........................................................................... SR 543 Sterling, Jeffrey Ferris; commend .......................................................................... SR 671 Sterling, Michael Joseph; recognize ......................................................................... SR 91 Stewart, Carol; recognize........................................................................................ SR 274 Stokes, Faith Marie; Outstanding Scholar; commend ............................................ SR 310 Stoll, Nicholas; recognize ......................................................................................... SR 30 Strickland, Dr. James E. "Jim"; recognize................................................................ SR 52 INDEX 4177 Stroud, Mr. Patrick; commend ............................................................................... SR 714 Strydom, Debra; recognize ..................................................................................... SR 285 Student Mentoring in Life and Education (SMILE); Coach John Miller; honoring .................................................................................................................. SR 100 Sumbry, Josiah; recognize ...................................................................................... SR 461 Sutton, Kristy; recognize ........................................................................................ SR 144 Swoszowski, Mr. Bob; congratulate....................................................................... SR 604 Synyard, Michael; condolences .............................................................................. SR 108 Tarbell, Michael; STAR Student; commend .......................................................... SR 358 Tate, Dr. Benny; recognize..................................................................................... SR 268 Taylor, Mrs. Ida Ruth Holder; recognize ............................................................... SR 589 Taylor, Ms. Bailey; commend ................................................................................ SR 723 TeleHealth Day; recognize March 1....................................................................... SR 630 Terry, Dr. Carol; congratulate ................................................................................ SR 558 Texting Organization Against Distracted Driving, Inc. (TOADD)........................ SR 244 The Church of The Apostles; recognize ................................................................. SR 422 The Lite House, Inc.; recognize.............................................................................. SR 118 Thomas, Ms. Melinda; commend ........................................................................... SR 521 Thomas, Trayton D.; recognize ................................................................................ SR 26 Thompson, James E.; recognize ............................................................................. SR 112 Thrombosis Awareness Month; recognize September ........................................... SR 133 Toccoa-Stephens County Day; recognize February 19 .......................................... SR 180 Tourism Day; recognize January 29 ......................................................................... SR 44 Towns County High School Girls Cross Country Team; commend ...................... SR 442 Transportation, GA Department of; maximize the use of funding mechanisms aimed at reducing diesel emissions.................................................... SR 531 Trethwey, Natasha; congratulate .............................................................................. SR 15 Trion High School Competition Cheerleading Team; congratulate....................... SR 556 Tucker, Blair; recognize ......................................................................................... SR 471 Turkish American Day; recognize February 7 ....................................................... SR 163 Turner, Candace; recognize .................................................................................... SR 398 Turner, Mr. Cyril J. and employees of Delta Global Services; recognize.............. SR 220 U.S. President and Congress; prohibit corporations from making unlimited independent expenditures supporting/opposing candidates for public office ............................................................................................................ SR 410 U.S. Army Corps of Engineers; urge to close Noyes Cut in the Satilla River System........................................................................................................... SR 267 U.S. Congress; encouraged to develop/implement a practical plan; international borders ............................................................................................... SR 629 U.S. Congress; request to adopt a resolution proposing a balanced budget amendment.............................................................................................................. SR 245 U.S. Congress; urged to adopt/submit to the states a balanced budget amendment to the U.S. Constitution......................................................................... SR 70 4178 INDEX Underwood, J. Ethan; recognize ............................................................................. SR 385 United Against Childhood Obesity Day; recognize March 27............................... SR 657 United Automobile, Aerospace and Agricultural Implement Workers of America Region 8; recognize ................................................................................. SR 444 United Automobile, Aerospace, and Agricultural Implement Workers of America Region 8; recognize ................................................................................. SR 635 University of Georgia School of Law Day; recognize February 13....................... SR 226 University of Louisville Cardinals Football Team; congratulate ............................. SR 25 USS Georgia Day; recognize January 30 ................................................................. SR 65 Valdosta Chief of Police Frank Simons; recognize................................................ SR 106 Valdosta State University Blazers; congratulate .................................................... SR 103 Valdosta State University Football Team; recognize ............................................. SR 104 Valdosta State University's Outstanding Softball Team; recognize....................... SR 105 Valdosta-Lowndes County Chamber of Commerce; recognize ............................... SR 97 Valle, Anna; recognize ........................................................................................... SR 370 Vandiver, Mr. Russell; recognize ........................................................................... SR 608 Vaughan, Donna; recognize.................................................................................... SR 395 Vendeville, Jean-Yves; recognize .......................................................................... SR 320 Veterinary Medicine Day; recognize February 7 ..................................................... SR 82 Victory of the World Church; recognize ................................................................ SR 154 Vindas-Carter, Rebecca; Outstanding Scholar; commend ..................................... SR 325 Vining, Dr. Donna Jean; recognize ........................................................................ SR 170 Wade, Willie Mae; recognize ................................................................................. SR 404 Wallman, Ms. Linda; recognize ............................................................................. SR 728 Walls, Maris; recognize .......................................................................................... SR 485 Wardlaw, Mrs. Evelyn; honoring ........................................................................... SR 647 Watson, Candice; recognize ................................................................................... SR 396 Watson, Pastor Dennis; recognize ............................................................................ SR 21 Weaver, Jacob A.; recognize .................................................................................... SR 24 Weaver, Mark Kain; Outstanding Scholar; commend ........................................... SR 314 Weaver, Mr. Luke Penn; recognize ........................................................................ SR 551 Webb, Rachel; recognize ........................................................................................ SR 142 Welcome Home Vietnam Veterans; encourage parades and similar events .......... SR 615 Wells, Jr., Mr. and Mrs. Leo and Mary Nell; congratulate .................................... SR 436 Welty, Dr. John D.; recognize ................................................................................ SR 622 White County High School WTVN Warrior TV Broadcast Team; congratulate............................................................................................................. SR 562 White, Miss Linda; recognize................................................................................. SR 614 Wicker, Reverend Dr. Stafford J.; recognize.......................................................... SR 207 Wilkinson High School Boys Basketball Team; recognize ................................... SR 588 Williams II, Bishop Preston Warren; recognize ..................................................... SR 640 Williams, Annette; recognize ................................................................................. SR 462 Williams, Hanna; recognize ................................................................................... SR 469 INDEX 4179 Williams, Jr., Mr. Carey; recognize........................................................................ SR 181 Williams, Jr., Reverend Dr. Clarence "Teddy"; recognize....................................... SR 55 Williams, Lillie Mae Barnett; recognize ................................................................ SR 564 Williams, Lisa; recognize ....................................................................................... SR 262 Williams, Mercedes Laine; recognize .................................................................... SR 261 Williams, Michael; recognize ................................................................................. SR 661 Williams, Mr. Brett; commend ............................................................................... SR 718 Williams, Mrs. Kaye; recognize ............................................................................. SR 191 Williams, Ms. Brooke; commend........................................................................... SR 538 Williams, Sr., Clarence; condolences ....................................................................... SR 19 Willis, Nancy; recognize ........................................................................................ SR 488 Wilson, Marilyn; recognize .................................................................................... SR 394 Wilson, Rachel; recognize ...................................................................................... SR 468 Wilson, Thomas A.; recognize ............................................................................... SR 634 Windom, Bob; recognize ........................................................................................ SR 158 Wingo, Mr. Greg; recognize ................................................................................... SR 664 Wink, Carol; recognize ........................................................................................... SR 393 Womble, Ira S.; condolences .................................................................................... SR 76 Women with Heart Disease; recognize the struggle faced everyday ....................... SR 37 Wood, Sr., Joe T.; recognize .................................................................................. SR 179 World Plumbing Day; recognize March 11............................................................ SR 504 Wu, Alex; STAR Student; commend ..................................................................... SR 349 YMCA of Georgia's Center for Civic Engagement; recognize .............................. SR 373 Young Farmers Day; recognize February 14 ........................................................... SR 84 Youth Villages Georgia Day; recognize March 14 ................................................ SR 549 Zero Waste Georgia Campaign; recognize............................................................. SR 342 Zero Waste Georgia Campaign; recognize............................................................. SR 454 Zhang, Lucy; STAR Student; commend ................................................................ SR 351 Zhuno, Annabelle Elizabeth; commend ................................................................. SR 375 Zhuno, Ms. Annabelle; commend .......................................................................... SR 717 RETIREMENT AND PENSIONS Board of Education; pension board recompute pension to teachers and employees who retired prior to April 1, 1955, and who had been awarded a pension for 20 years' service in counties of 500,000 population ........................HB 540 Georgia Driver's Education Commission; additional sums collected on fines; extend the sunset provisions ......................................................................... SB 231 Georgia Firefighters' Pension Fund; change amount of dues required ..................HB 238 Georgia Firefighters' Pension Fund; change definition of term "firefighter"; creditable service for certain prior service........................................ SB 192 Georgia Firefighters' Pension Fund; change the definition of the term "firefighter"; creditable service............................................................................... SB 235 4180 INDEX Georgia Judicial Retirement System; board of trustees; authority to determine the time/circumstances of paying benefits; qualified plan under federal law .............................................................................................................. SB 142 Georgia Legislative Retirement System; define a certain term; broaden certain provision ..................................................................................................... SB 178 Georgia Municipal Employees Benefit System; increase the total percentage of investments; real estate investments ................................................ SB 180 Georgia Municipal Employees Benefit System; increase total percentage of investments permissible in real estate investments ..............................................HB 71 Peace Officers' Annuity and Benefit Fund; amend definition; certified peace officers; conjunction with operation of public airport; membership.............. SB 52 Regents Retirement Plan; change level of employee participation ........................HB 232 Retirement System; board of trustees of public retirement systems; provide duties.......................................................................................................... SB 143 Teachers Retirement System of Georgia; clarify and consolidate the definitions of "teacher" ...........................................................................................HB 345 REVENUE BONDS; COUNTIES, MUNICIPALITIES, OTHER ENTITIES Elections; population brackets and the census for approval of bonded debt; repeal certain provisions................................................................................HB 400 REVENUE, DEPARTMENT OF; STATE ADMINISTRATIVE ORGANIZATION, ADMINISTRATION, AND ENFORCEMENT Income Tax; refund of sales/use taxes.................................................................... SB 137 Motor Vehicles; authorized to receive registration records; add certain persons ....................................................................................................................HB 296 Revenue Department; report on the effect of tax exemptions on the amount of revenue collected; state and local governments ...................................... SB 40 Taxation; rate of interest to be paid for refunds on past due taxes; provisions.................................................................................................................. SB 72 RICHMOND COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 RINCON Rincon, City of; provide that corporate limits shall include certain property...................................................................................................................HB 625 S SALE CITY, CITY OF Sale City, City of; provide staggered four-year terms of office for city council.....................................................................................................................HB 204 INDEX 4181 SALES AND USE TAX "Anti-T-SPLOST Penalty Act"; modify provisions ................................................. SB 73 Gasoline and Aviation Fuel; temporary suspension of the collection of taxes; provide legislative findings; provisions .......................................................HB 210 Sales and Use Tax; exemption regarding sale or use of engines, parts, equipment or other property used in maintenance of certain aircraft; extend sunset...........................................................................................................HB 164 Sales and Use Tax; require commissioner to file report on the collection of such taxes ............................................................................................................. SB 41 Sales and Use Tax; revise the definition of "prepared food" ................................. SB 157 Seed-Capital Fund; create the Invest Georgia Fund; provisions ............................HB 318 State Sales and Use Tax; change certain definition; provide exemption for tangible personal property to certain nonprofit health centers for only a limited period of time ............................................................................................HB 193 State Sales/Use Tax; monthly report; net receipts from online dealers; products sold in Georgia ........................................................................................... SB 67 Taxation/Revenue; allow such taxes to be imposed at a rate of less than 1 percent....................................................................................................................... SB 99 SAVANNAH, CITY OF Savannah, City of; provide for a nonbinding advisory referendum ....................... SB 263 Savannah, City of; provide for a nonbinding advisory referendum ....................... SB 264 SCHLEY COUNTY Board of Commissioners of Schley County; change the description of commissioner districts ............................................................................................ SB 223 SCHOOL READINESS, OFFICE OF Education; require Department of Early Care and Learning to provide certain information to owners of early care and education programs ....................HB 354 Group-care Facility Operators; persons otherwise issued licenses as provided by law; provide exceptions; require certain employees to have fingerprint record checks ........................................................................................HB 350 SCHOOLS Elementary and Secondary Education; authorize public and private schools to stock supply of auto-injectable epinephrine ..........................................HB 337 Joint Study Committee on Mental Health Access; create ......................................HR 502 Motor Fuel Excise Tax; public school systems under certain circumstances; exempt............................................................................................HB 211 "Safe Carry Protection Act"; enact .........................................................................HB 512 Torts; governing authority of school that enters into recreational joint-use agreement with public or private entity; limit liability...........................................HB 382 4182 INDEX SCOTLAND Scotland, City of; provide nonbinding advisory referendum to select mayor and city council............................................................................................HB 597 SEARCHES AND SEIZURES Crimes/Offenses; define parameters for the use of unmanned aircraft in surveillance activities by private persons/law enforcement officers ...................... SB 200 Criminal Procedure; the issuance of arrest and search warrants by video conference; revise provisions .................................................................................HB 146 SEAT BELTS Safety Belts; modify definition of the term "passenger vehicle" to which the safety belt law applies.......................................................................................HB 365 SECRETARY OF STATE 2013-2014 Senators, Election Certification ............................................................. Page 1 Burke, Dean; District 11, Election Certification.................................................. Page 217 Capitol Arts Standards Commission; designation of areas within capitol museum; Georgia Capitol Agricultural History Museum areas ............................. SB 274 District 30 Press Release........................................................................................ Page 14 Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia...........................................HB 287 SECRETARY OF THE SENATE Communication to Governor; Confirmation of Appointees.............................. Page 3981 Elected Secretary of the Senate.............................................................................. Page 33 SEED CAPITAL FUND Invest Georgia Fund; create.................................................................................... SB 224 Seed-Capital Fund; create the Invest Georgia Fund; provisions ............................HB 318 SELLING AND OTHER TRADE PRACTICES Ad Valorem Tax; clarify which types of interests in real property; subject to taxation ...............................................................................................................HB 399 Contracts; collection of closing fees; advance of money/extension of credit ....................................................................................................................... SB 139 Fair Business Practices Act; prohibited telemarketing and Internet activities; change provisions...................................................................................HB 150 Selling/Other Trade Practices; motor vehicles; custom design specifications; modify provisions ........................................................................... SB 166 SEMINOLE COUNTY State Highway System; dedicate certain portions ..................................................HR 411 INDEX 4183 SENATE Brewpubs and Alcoholic Beverage Tastings; create Senate Study Committee............................................................................................................... SR 427 House convened; notify Senate ..................................................................................HR 6 Joint Session; message from Governor ......................................................................HR 8 Morning Roll Calls: Pages 32, 62, 70, 76, 102, 110, 128, 135, 144, 153, 160, 166, 186, 201, 219, 232, 245, 258, 274, 304, 344, 415, 815, 863, 889, 921, 955, 1031, 1088, 1349, 1474, 1500, 1520, 1548, 1609, 1661, 2058, 2628, 2763, 2959 Senate Automobile Insurance Verification and Enforcement Study Committee; create ................................................................................................... SR 510 Senate Expungement Reform Study Committee; create ........................................ SR 247 Senate Free Hunting and Fishing Licenses for Veterans Study Committee; create ................................................................................................... SR 499 Senate Human Embryonic Research Study Committee; create ............................. SR 642 Senate Public-Private Partnership Study Committee; create.................................. SR 598 Senate Select Study Committee on Erin's Law; create........................................... SR 623 Senate Study Committee on Public Transportation in the Metropolitan Atlanta Region; create ............................................................................................ SR 618 SENATORS 2013-2014 Senators, Election Certification ............................................................. Page 1 2013-2014 Senators, Oath of Office ........................................................................ Page 3 ALBERS; excused pursuant to Rule 5-1.8(d) on HB 238 ................................. Page 3636 BEACH; appointed Ex-Officio to Insurance and Labor; March 14 .................. Page 1605 BEACH; communication; explanation of vote on HB 497, HB 499 and Supplemental Local Consent Calendar.............................................................. Page 3694 BETHEL; appointed Administration Floor Leader ............................................... Page 22 BETHEL; appointed Ex-Officio to Economic Development; February 20 ........ Page 340 BETHEL; appointed Ex-Officio to Ethics; March 22 ....................................... Page 2614 BULLOCH; communication; resignation.............................................................. Page 18 BURKE; appointed Ex-Officio to Economic Development; February 20 .......... Page 341 BURKE; communication; explanation of vote on HB 372 ............................... Page 2591 BURKE; Election Certification ........................................................................... Page 217 BURKE; Oath of Office ...................................................................................... Page 218 BURKE; Standing Committee Appointments ..................................................... Page 219 BUTLER; communication; explanation of vote on HB 105 ............................. Page 1304 BUTLER; elected Democratic Caucus Vice Chair of Campaigns and Fundraising ............................................................................................................ Page 16 CARTER, B.; appointed Majority Chief Deputy Whip ........................................ Page 21 CARTER, J.; excused pursuant to Rule 5-1.8(d) on SB 139............................... Page 905 CHANCE; communication; explanation of vote on HB 284 ............................ Page 2942 CHANCE; communication; explanation of vote on HB 350 ............................ Page 1645 CHANCE; elected Majority Leader ...................................................................... Page 15 4184 INDEX CHANCE; excused pursuant to Rule 5-1.8(d) on HB 402................................ Page 2610 CRANE; communication; explanation of vote on HB 480 ............................... Page 3643 CROSBY; communication; explanation of vote on HB 143 CCR.................... Page 3728 DAVENPORT; communication; explanation of vote on Local Consent Calendar ............................................................................................................. Page 1698 DAVIS; communication; explanation of vote on SB 234 ................................. Page 1403 DAVIS; Notice of Minority Report on SB 4, SB 5, SB 6, SB 8, SB 9, and SB 54.................................................................................................................... Page 232 DAVIS; communication; Minority Report on SB 4, SB 5, SB 6, SB 8, SB 9, and SB 54......................................................................................................... Page 806 DAVIS; communication; removing name from SB 141 ..................................... Page 214 DUGAN; appointed Ex-Officio to Insurance and Labor; March 19 ................. Page 1606 DUGAN; communication; explanation of vote on SB 23 ................................. Page 1363 FORT; communication; explanation of vote on HB 143 .................................. Page 2838 FORT; elected Democratic Caucus Whip ............................................................. Page 16 GINN; appointed Ex-Officio to State and Local Governmental Operations; February 27 .......................................................................................................... Page 920 GOLDEN; appointed to Committee on Administrative Affairs............................ Page 98 GOOCH; appointed Ex-Officio to Banking and Financial Institutions; March 14 ............................................................................................................ Page 1603 GOOCH; communication; explanation of vote on HB 209 .............................. Page 2525 GOOCH; communication; explanation of vote on HB 487 .............................. Page 3047 GOOCH; communication; explanation of vote on SB 113 ............................... Page 1408 GOOCH; communication; explanation of vote on SR 293 ............................... Page 1422 GOOCH; elected Majority Caucus Secretary........................................................ Page 15 HAMRICK; communication; resignation.............................................................. Page 12 HARPER; communication; explanation of vote on HB 156 ............................. Page 3079 HARPER; communication; explanation of vote on HB 255 ............................. Page 1531 HARPER; communication; explanation of vote on SB 145.............................. Page 1100 HEATH; communication; Minority Report on HB 266 ...................................... Page 937 HEATH; communication; Minority Report on HB 318 .................................... Page 2550 HEATH; Notice of Minority Report on HB 266 ................................................. Page 888 HEATH; communication; Notice of Minority Report on HB 318 .................... Page 1604 HENSON; communication; explanation of absences.......................................... Page 815 HENSON; communication; Notice of Minority Report on SB 24 ........................ Page 69 HENSON; communication; Minority Report on SB 24 ........................................ Page 86 HENSON; elected Democratic Leader .................................................................. Page 16 HILL, H.; appointed Ex-Officio to Retirement ................................................... Page 146 HILL, H.; appointed Majority Deputy Whip......................................................... Page 21 HILL, JACK; communication; removing name from SB 190 ............................ Page 805 HILL, JUDSON; appointed Ex-Officio to Health and Human Services ............. Page 147 HILL, JUDSON; communication; explanation of vote on HB 87 .................... Page 2921 HILL, JUDSON; elected Majority Caucus Vice Chair ......................................... Page 15 INDEX 4185 HOOKS; communication; resignation................................................................... Page 20 JACKSON, B.; appointed Administration Floor Leader....................................... Page 22 JACKSON, B.; appointed Ex-Officio to Transportation ..................................... Page 148 JACKSON, B.; appointed to Committee on Administrative Affairs .................... Page 98 JACKSON, B.; communication; explanation of vote on SR 113........................ Page 400 JAMES; appointed Ex-Officio to Banking and Financial Institutions; March 14 ............................................................................................................ Page 1603 JAMES; communication; explanation of vote on HB 106 ................................ Page 2517 JAMES; communication; explanation of vote on HB 171 ................................ Page 2042 JAMES; communication; explanation of vote on Local Consent Calendar ........ Page 821 JEFFARES; appointed Administration Floor Leader............................................ Page 22 JEFFARES; appointed Ex-Officio to Insurance and Labor; March 19 ............. Page 1607 JEFFARES; communication; explanation of absence ......................................... Page 106 JONES, B.; appointed Majority Deputy Whip ...................................................... Page 21 JONES, B.; communication; explanation of vote on HB 255 ........................... Page 1531 JONES, B.; communication; explanation of vote on SB 134.............................. Page 901 JONES, E.; communication; explanation of absence ........................................ Page 1532 JONES, E.; excused pursuant to Rule 5-1.8(d) on HB 266................................. Page 960 LOUDERMILK; appointed Ex-Officio to Education and Youth; February 21 .......................................................................................................... Page 413 LOUDERMILK; appointed Ex-Officio to Education and Youth; February 28 .......................................................................................................... Page 953 LOUDERMILK; communication; commentary on HB 266 ............................... Page 988 LOUDERMILK; communication; explanation of vote on HB 283 .................. Page 2711 LUCAS; communication; explanation of vote on SR 4 ........................................ Page 50 MILLAR; appointed Majority Senior Deputy Whip ............................................. Page 21 MILLAR; communication; explanation of vote on SB 86 .................................. Page 318 MILLER; appointed Ex-Officio to Public Safety sub-committee; February 25 .......................................................................................................... Page 851 MILLER; appointed Ex-Officio to Committee on Assignments........................... Page 23 MILLER; communication; excused pursuant to Rule 5-1.8(d) on HB 266 ...... Pages 960, 1330 MILLER; communication; explanation of vote on HB 36, HB 283, HB 304 ............................................................................................................... Page 2714 MILLER; communication; explanation of vote on HB 154.............................. Page 1508 MILLER; communication; explanation of vote on HB 240, HB 381 ............... Page 2949 MILLER; communication; explanation of vote on HB 242, HB 345 ............... Page 1998 MILLER; communication; explanation of vote on HB 256.............................. Page 1639 MILLER; communication; explanation of vote on SB 62 ................................ Page 1365 MILLER; communication; explanation of vote on SB 193, SB 218................. Page 1057 MILLER; elected Majority Caucus Chairman ...................................................... Page 15 MILLER; excused pursuant to Rule 5-1.8(d) on HB 371 ................................. Page 1646 MULLIS; appointed Ex-Officio to Insurance and Labor; March 4 ................... Page 1067 4186 INDEX MULLIS; communication; removing name from SB 190................................... Page 806 MURPHY; appointed Ex-Officio to Public Safety sub-committee; February 25 .......................................................................................................... Page 851 MURPHY; communication; explanation of vote on HB 283............................ Page 3067 ORROCK; communication; explanation of vote on HB 380 ............................ Page 2784 ORROCK; elected Democratic Caucus Secretary................................................. Page 16 RAMSEY; excused pursuant to Rule 5-1.8(d) on HB 70.................................. Page 2883 RAMSEY; excused pursuant to Rule 5-1.8(d) on HB 350................................ Page 1644 ROGERS; communication; resignation................................................................. Page 16 SEAY; appointed Ex-Officio to Transportation .................................................. Page 148 SEAY; elected Democratic Caucus Vice Chair..................................................... Page 16 SHAFER; communication, explanation of vote on Local Consent Calendar; February 26.......................................................................................... Page 867 SHAFER; communication, explanation of vote on Local Consent Calendar; March 14............................................................................................ Page 1556 SHAFER; communication, explanation of vote on SB 96 ................................ Page 1039 SHAFER; communication, explanation of vote on SB 210 .............................. Page 1387 SHAFER; communication, Standing Committee Assignments .......................... Page 139 SHAFER; elected President Pro Tempore......................................................Pages 15, 32 SIMS; communication, explanation of missed roll call..................................... Page 1610 SIMS; communication, explanation of vote on HB 393.................................... Page 3057 SIMS; communication, explanation of vote on SB 156 .................................... Page 1046 STATON; appointed Ex-Officio to Committee on Assignments.......................... Page 23 STATON; communication; explanation of vote on SB 113.............................. Page 1408 STATON; elected Majority Caucus Whip ............................................................ Page 15 TATE; communication; explanation of vote on HB 443 .................................. Page 2046 TATE; elected Democratic Caucus Chairman ...................................................... Page 16 TATE; excused pursuant to Rule 5-1.8(d) on HB 350 ....................................... Page1644 THOMPSON, C.; communication; explanation of vote on HB 154 ................. Page 1508 THOMPSON, C.; communication; explanation of vote on HB 393 ................. Page 3058 THOMPSON, C.; communication; explanation of vote on Local Consent Calendar ............................................................................................................. Page 1523 THOMPSON, C.; communication; explanation of vote on SB 187.................. Page 1374 THOMPSON, C.; communication; explanation of vote on SR 629.................. Page 2986 THOMPSON, S.; Notice of Minority Report on HB 266 ................................... Page 888 TIPPINS; appointed Ex-Officio to State and Local Governmental Operations; February 27....................................................................................... Page 920 TIPPINS; communication; explanation of vote on SB 66................................... Page 225 TOLLESON; appointed to Committee on Assignments ....................................... Page 23 TOLLESON; communication; explanation of vote on HB 141 ........................ Page 1749 UNTERMAN; appointed Ex-Officio to Finance ................................................. Page 918 UNTERMAN; appointed to Committee on Administrative Affairs ..................... Page 98 UNTERMAN; appointed to Committee on Assignments ..................................... Page 23 INDEX 4187 WILKINSON; appointed Ex-Officio to Economic Development; February 20 .......................................................................................................... Page 341 WILKINSON; communication; explanation of vote on HB 266 ........................ Page 988 WILKINSON; communication; explanation of vote on SB 195....................... Page 1053 WILKINSON; communication; removing name from SB 230........................... Page 936 WILLIAMS; communication; explanation of vote on HB 70........................... Page 2887 WILLIAMS; communication; explanation of vote on HB 87........................... Page 2921 WILLIAMS; communication; explanation of vote on HB 106 CCR................ Page 3580 WILLIAMS; communication; explanation of vote on HB 139, HB 372 .......... Page 3766 WILLIAMS; communication; explanation of vote on HB 192......................... Page 2666 WILLIAMS; communication; explanation of vote on HB 193......................... Page 2674 SENOIA Senoia, City of; provide new charter ......................................................................HB 342 SEXUAL OFFENSES Crimes and Offenses; list of persons who may be present in courtroom when person under age of 16 testifies concerning a sex offense; add victim assistance personnel.....................................................................................HB 480 Sexual Offender Registration Review Board; authorize, review and utilize records of Board of Pardons and Paroles in making assessments ...............HB 122 SHERIFFS Sheriffs; revise general qualification requirements ................................................HB 139 SMYRNA, CITY OF Smyrna, City of; change description of wards .......................................................HB 548 SOCIAL SERVICES Community Health, Department of; required to study and identify options for Medicaid reform................................................................................................ SB 163 Courts; juvenile proceedings; substantially revise, supersede, and modernize provisions..............................................................................................HB 242 "Hospital Medicaid Financing Program Act"; enact ................................................ SB 24 Juvenile Justice Department; confidentiality of information supplied; penalties for breach of confidentiality ...................................................................... SB 69 Medicaid and PeachCare for Kids; certain speech-language pathology services; require reimbursement .............................................................................HB 240 Medical Assistance; provide for respiratory syncytial virus prophylaxis injections to infants................................................................................................. SB 217 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Public Assistance; provide for a pilot program; smart cards for Medicaid program recipients .................................................................................................. SB 220 4188 INDEX SOPERTON Soperton, City of; City Court; change salary of judge and solicitor ......................HB 485 SPALDING COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Medicaid and PeachCare for Kids; certain speech-language pathology services; require reimbursement .............................................................................HB 240 SPORTS "Return to Play Act of 2013"; enact .......................................................................HB 284 SPRADLIN, IRA; addressed the Senate............................................................. Page 2649 STATE COURTS OF COUNTIES Courts; increase penalties imposed for contempt of superior and state courts......................................................................................................................... SB 66 STATE EMPLOYEES Insurance; allow issuance of group life insurance policy to certain groups as approved by the Commissioner..........................................................................HB 103 STATE EMPLOYEES; INSURANCE AND BENEFITS PLANS "Ava's Law"; provide definitions; certain insurance coverage for autism spectrum disorders .................................................................................................. SB 191 Child's Health Insurance Information and Records; provide that both parents have equal access ........................................................................................... SB 1 Georgia World Congress Center Authority; provide benefit programs to its officers, employees, and other agents................................................................HB 246 State Employees Health Insurance Plan; define a certain term .............................. SB 164 State Employees' Health Insurance Plan; provide pilot program to provide coverage for bariatric surgical procedures for treatment and management of obesity ................................................................................................................HB 511 STATE FLAG, SEAL, AND OTHER SYMBOLS Georgia Mass Choir; designate as Georgia's official mass choir ............................. SB 78 State Government; provide that Georgia shall be a "Purple Heart State" .............. SB 276 State Wild Flower; designate the native azalea ......................................................HB 297 STATE GOVERNMENT Community Affairs, Department of; comprehensive plans of local government; revise the minimum elements............................................................ SB 104 INDEX 4189 Covenants and Warranties; provide certain covenants run with the land ..............HB 175 Crimes/Offenses; children who have been sexually exploited; provisions; create Safe Harbor for Sexually Exploited Children Fund Commission ............... SB 233 Ethics in Government; Georgia Government Transparency and Campaign Finance Commission; powers and duties; change certain provisions ....................HB 142 Fair Business Practices Act; prohibited telemarketing and Internet activities; change provisions...................................................................................HB 150 Firearms; provide that information relating to persons issued weapons carry licenses shall be confidential ......................................................................... SB 197 Fireworks; authorize possession/transportation of consumer fireworks and authorize sale; local governing authority of municipalities/counties .............. SB 229 General Assembly; provide for the proceeds of one or more lottery games to benefit military veterans ..................................................................................... SR 528 Georgia Council for the Arts; clarify role of arts in economic development and other vital functions to the state .................................................HB 338 Georgia Environmental Finance Authority; expand Georgia Reservoir Fund ........................................................................................................................HB 199 Georgia Legacy Program; create; conservation funding mechanisms; operation ................................................................................................................. SB 210 Georgia Lottery Corporation; require to conduct/publish a biannual audit ............ SB 16 Georgia Lottery for Veterans; offer one/more games to benefit veterans; deposit proceeds into the general fund ................................................................... SB 252 Georgia Mass Choir; designate as Georgia's official mass choir ............................. SB 78 Georgia Student Finance Commission; board of commissioners; Georgia Student Finance Authority; board of directors; verification of lawful presence; provide exemptions.................................................................................HB 324 Georgia Tourism Foundation; change the membership ......................................... SB 177 HOPE; grant at technical college or university institutions; revise eligibility.................................................................................................................HB 372 HOPE; provide dual credit courses; treated the same as advanced placement and international baccalaureate courses for determining eligibility.................................................................................................................HB 131 Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate; law regarding state and local title ad valorem tax fees; revise provisions .....................................................................................................HB 266 Lawful Presence; provide certain affidavit for persons under 18 years of age to be executed after attaining the age of 18 .....................................................HB 125 Lottery for Education; allow winner of lottery prize to remain anonymous; 25 percent of prize to Lottery for Education Account ....................... SB 214 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 "Partnership for Public Facilities and Infrastructure Act"; enact ........................... SB 255 Property; authorize conveyance of certain state owned real property....................HR 205 4190 INDEX Public Employers; provide annual report relative to compliance with certain laws; provide for certain report to Dept. of Audits and Accounts.............. SB 160 Public Property; writing off small amounts due to the state; change certain provisions......................................................................................................HB 45 Public Works Contracts; governmental entities and Department of Administrative Services; provide certain contracting and bidding requirements ...........................................................................................................HB 362 Revenue and Taxation; transfer responsibility of coin operated machines from Department of Revenue to Georgia Lottery Corporation; provisions ...........HB 487 Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia...........................................HB 287 State Auditor; provide for nomination and election ...............................................HR 203 State Government; federal health care reform legislation; legislative findings ..................................................................................................................... SB 63 State Government; no state agency shall enter into a contract with private entity if services performed outside geographical boundaries of the U.S. ............... SB 80 State Government; provide exemption for the board of commissioners of Georgia Student Finance Commission; board of directors..................................... SB 187 State Government; provide that Georgia shall be a "Purple Heart State" .............. SB 276 State Purchasing; provide preference for qualified business enterprises; owned/controlled by disabled veterans/disabled law enforcement officers ........... SB 149 State Transportation Board; meetings to elect board members open to public ...................................................................................................................... SB 154 State Wild Flower; designate the native azalea ......................................................HB 297 STATE PRINTING AND DOCUMENTS Fair Business Practices Act; prohibited telemarketing and Internet activities; change provisions...................................................................................HB 150 Firearms; provide that information relating to persons issued weapons carry licenses shall be confidential ......................................................................... SB 197 Secretary of State, Office of; reassign Division of Archives and History to Board of Regents of University System of Georgia...........................................HB 287 State Transportation Board; meetings to elect board members open to public ...................................................................................................................... SB 154 STATESBORO, CITY OF Statesboro, City of; increase excise tax ..................................................................HB 525 STONE MOUNTAIN Stone Mountain Judicial Circuit; increase amount of supplement for judges of superior court ..........................................................................................HB 639 INDEX 4191 STONE MOUNTAIN JUDICIAL CIRCUIT Stone Mountain Judicial Circuit; increase amount of supplement for judges of superior court ..........................................................................................HB 639 SUMTER COUNTY Americus-Sumter County Land Bank Authority; create ........................................HB 602 Sumter County State Court; change compensation of judge..................................HB 653 SUNDAY SALES Alcoholic Beverages; sale; make certain changes to requirements........................HB 124 SUPERIOR COURTS Courts; increase penalties imposed for contempt of superior and state courts......................................................................................................................... SB 66 Fulton County Superior Court; increase amount of supplement for judges...........HB 444 Fulton County Superior Court; administrator shall have oversight of budget; provide .......................................................................................................HB 441 Superior Courts; filings in the clerk's office; change provisions............................HB 215 Superior Courts; provide for additional judge of the Chattahoochee Judicial Circuit........................................................................................................ SB 165 SUPREME COURT Joint Session; message from Chief Justice of Supreme Court .................................HR 10 T TATTNALL COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 TAX AMNESTY PROGRAM Property; provide that actions for legal malpractice are not assignable; provisions................................................................................................................HB 359 TAX EXECUTIONS; EXEMPTIONS FROM LEVY AND SALE "Uniform Fraudulent Transfers Act"; provide for a definition; transfers to charitable organizations; clarify provisions............................................................ SB 105 TAXATION AND REVENUE Ad Valorem Tax; clarify which types of interests in real property; subject to taxation ...............................................................................................................HB 399 Ad Valorem Tax; requirements for land classified as bona fide conservation use property; provide revision...........................................................HB 197 4192 INDEX Ad valorem Tax; state and local title fees; revise provisions...................................HB 80 Ad Valorem; homestead exemption; White County school district; educational purposes............................................................................................... SB 201 "Anti-T-SPLOST Penalty Act"; modify provisions ................................................. SB 73 Bona Fide Conservation Use Property; provide farm weddings/participation; not constitute a breach of covenant ................................. SB 145 Education; student scholarship organization; definitions; change certain provisions................................................................................................................ SB 243 Education; student scholarship organizations; provide certain records subject to open records laws ..................................................................................... SB 77 Education; update and revise terminology; provisions ..........................................HB 283 Freeport Exemption; clarify applicability to fertilizer production processes .................................................................................................................HB 304 Gasoline and Aviation Fuel; temporary suspension of the collection of taxes; provide legislative findings; provisions .......................................................HB 210 Income Tax Credit; clean energy property; include certain commercial geothermal heat pumps .............................................................................................HB 34 Income Tax; refund of sales/use taxes.................................................................... SB 137 Income Taxes; limit authority of the General Assembly to impose taxes on income.................................................................................................................... SR 8 Internal Revenue Code; certain provisions of federal law into Georgia law; incorporate; law regarding state and local title ad valorem tax fees; revise provisions .....................................................................................................HB 266 Local excise tax; sale or use of energy; revise certain provisions..........................HB 250 Local Option Sales and Use Tax; provide for comprehensive revision ................. SR 277 Motor Fuel Excise Tax; public school systems under certain circumstances; exempt............................................................................................HB 211 Motor Fuel Tax; define liquefied natural gas .........................................................HB 371 Motor Vehicle Licenses; ad valorem tax purposes; revise and change taxation regarding certain apportioned vehicles registered under the International Registration Plan ..............................................................................HB 463 Motor Vehicles; authorized to receive registration records; add certain persons ....................................................................................................................HB 296 Official Code of Georgia; revise, modernize and correct errors or omissions ..................................................................................................................HB 79 Property; provide that actions for legal malpractice are not assignable; provisions................................................................................................................HB 359 Revenue and Taxation; transfer responsibility of coin operated machines from Department of Revenue to Georgia Lottery Corporation; provisions ...........HB 487 Revenue Department; report on the effect of tax exemptions on the amount of revenue collected; state and local governments ...................................... SB 40 Sale Tax Limitations; prohibit any additional sales taxes; prohibit raising the rate of sales taxes currently in effect ................................................................ SR 412 INDEX 4193 Sales and Use Tax; exemption regarding sale or use of engines, parts, equipment or other property used in maintenance of certain aircraft; extend sunset...........................................................................................................HB 164 Sales and Use Tax; require commissioner to file report on the collection of such taxes ............................................................................................................. SB 41 Sales and Use Taxes; revise the definition of "prepared food" .............................. SB 157 Seed-Capital Fund; create the Invest Georgia Fund; provisions ............................HB 318 Selling/Other Trade Practices; motor vehicles; custom design specifications; modify provisions ........................................................................... SB 166 State Sales and Use Tax; change certain definition; provide exemption for tangible personal property to certain nonprofit health centers for only a limited period of time ............................................................................................HB 193 State Sales/Use Tax; monthly report; net receipts from online dealers; products sold in Georgia ........................................................................................... SB 67 Taxation/Revenue; add public transit to authorized purposes for proceeds of excise taxes........................................................................................................... SB 92 Taxation/Revenue; allow such taxes to be imposed at a rate of less than 1 percent....................................................................................................................... SB 99 Taxation; establishment of website to provide taxpayers; itemized estimated receipt showing how taxes are utilized .................................................... SB 39 Taxation; rate of interest to be paid for refunds on past due taxes; provisions.................................................................................................................. SB 72 Taxpayer Protection Amendment of 2011; provide for limitations on state government taxation/expenditures.......................................................................... SR 594 Taxpayer Protection Amendment of 2011; tax and expenditure limitations.......... SR 438 Unified Carrier Registration Act of 2005; transfer administration responsibilities from Department of Revenue to Department of Public Safety ......................................................................................................................HB 255 TAYLOR COUNTY Taylor County; board of elections and registration; create ....................................HB 661 TEACHERS Board of Education; pension board recompute pension to teachers and employees who retired prior to April 1, 1955, and who had been awarded a pension for 20 years' service in counties of 500,000 population ........................HB 540 Teachers Retirement System of Georgia; clarify and consolidate the definitions of "teacher" ...........................................................................................HB 345 TEACHERS RETIREMENT SYSTEM Teachers Retirement System of Georgia; clarify and consolidate the definitions of "teacher" ...........................................................................................HB 345 4194 INDEX TELEPHONE AND TELEGRAPH SERVICE Georgia Emergency 9-1-1 Support Authority; create ............................................ SB 144 TELFAIR COUNTY State Highway System; dedicate certain portions ..................................................HR 411 Telfair County; Board of Education; change description of districts.....................HB 596 TERRELL COUNTY Dawson-Terrell County Airport Authority; change membership ..........................HB 624 THEFT OFFENSES Offenses Against Public Order and Safety; define certain terms; prohibit possession of an assault weapon............................................................................. SB 146 Property; foreclosure of security deeds; revise provisions ..................................... SB 108 THOMAS COUNTY State Highway System; dedicate certain portions ..................................................HR 411 THOMPSON, JOCELYN; addressed the Senate ................................................ Page 887 TIFT COUNTY Tift County; named in honor of the late Henry Harding Tift; provide...................HR 281 TIFTON Tifton, City of; change amount of homestead exemption for residents 65 or older...............................................................................................................HB 534 TOBACCO AND TOBACCO RELATED PRODUCTS Tobacco; provide regulation of cigar wraps ...........................................................HB 256 TORTS Damages; reduction of earnings to present value; change provisions......................HB 94 Fair Business Practices Act; prohibited telemarketing and Internet activities; change provisions...................................................................................HB 150 Liability of Owners/Occupier of Land; codify the duty of a possessor of land to a trespasser against harm ............................................................................ SB 125 Limited Liability of Certain Property Owners; revise definition of recreational purposes .............................................................................................. SB 127 "Patient Injury Act"; create an alternative medical malpractice litigation ............. SB 141 Torts; governing authority of school that enters into recreational joint-use agreement with public or private entity; limit liability...........................................HB 382 INDEX 4195 Torts; provide payor guidelines and criteria under federal law shall not establish legal basis for negligence or standard of care for medical malpractice..............................................................................................................HB 499 Torts; recreational joint-use agreement; specifications; definitions ........................ SB 12 TRANSPORTATION, DEPARTMENT OF Highways, Bridges, and Ferries; performing value engineering studies; provide requirements ..............................................................................................HB 202 State Transportation Board; meetings to elect board members open to public ...................................................................................................................... SB 154 Transportation Department; requirements for performing value engineering studies ................................................................................................. SB 130 Transportation, Department of; change type of projects eligible for design-build contracts and procurement process...................................................... SB 70 Transportation, Department of; procedures for utilizing design-build contracts; provisions; expand the selection process ................................................. SB 71 TRANSPORTATION, DEPARTMENT OF; PUBLIC ROADS MAINTENANCE AND USE Highways, Bridges and Ferries; annual commercial wrecker emergency tow permits; qualifications for issuance ................................................................. SB 218 Weight of Vehicles; issuance of annual commercial wrecker emergency tow permits; provide qualifications ........................................................................HB 486 TRANSPORTATION, DEPARTMENT OF; GEORGIA HIGHWAY AUTHORITY; STATE TOLLWAY AUTHORITY State Road and Tollway Authority; authorize motorcycles to operate in toll lanes/toll roads without payment of a toll ........................................................ SB 196 TRANSPORTATION, DEPARTMENT OF; PUBLIC ROAD FUNDS Public Roads; provide for criteria for the allocation of federal/state funds by the Department of Transportation...................................................................... SB 131 TRANSPORTATION, STATE BOARD OF, ELECTIONS Boswell, Jamie; elected member ......................................................................... Page 327 Dunn, Emily; elected member ............................................................................. Page 326 Floyd, Johnny; elected member ........................................................................... Page 320 Key, Stacy; elected member ................................................................................ Page 322 Lemon, Dana; elected member ............................................................................ Page 329 Moody, Dan; elected member.............................................................................. Page 324 Purcell, Ann; elected member.............................................................................. Page 319 Williams, Roger; elected member ....................................................................... Page 331 4196 INDEX TRIALS Crimes and Offenses; list of persons who may be present in courtroom when person under age of 16 testifies concerning a sex offense; add victim assistance personnel.....................................................................................HB 480 TRION, TOWN OF Town of Trion; provide for a quorum/voting by the mayor and council ............... SB 258 Town of Trion; provide for continuation/support of independent school system of the town .................................................................................................. SB 257 Trion, Town of; provide for quorum and voting by mayor and council; provide for continuation and support of the independent school system ..............HB 353 TROUP COUNTY State Highway System; dedicate certain portions ..................................................HR 411 TWIGGS COUNTY State Highway System; dedicate certain portions ....................................................HR 46 U UNIFORM RULES OF THE ROAD Homicide by Vehicle; increase the penalty ............................................................ SB 116 Motor Vehicles; provide that electronic proof of insurance may be accepted under certain circumstances.....................................................................HB 254 Rules of the Road; change the age of a child constituting child endangerment............................................................................................................ SB 58 Rules of the Road; driving under the influence; convicted for second time; change age of a child constituting child endangerment .................................. SB 18 Rules of the Road; failure to properly secure a load on a motor vehicle; increase the penalties .............................................................................................. SB 124 Rules of the Road; prohibit the use of telecommunications devices for oral communications; unless hands-free communication device; exceptions ............................................................................................................... SB 110 Traffic Offenses; DUI; first time conviction; require ignition interlock device ....................................................................................................................... SB 15 Transportation, Department of; local governing authority designating public streets or portions thereof for combined use of motorized carts and regular vehicle traffic; modify provisions ..............................................................HB 384 URBAN REDEVELOPMENT LAW Income Tax; refund of sales/use taxes.................................................................... SB 137 INDEX 4197 V VETERANS AFFAIRS; DEPARTMENT OF VETERANS SERVICE Crimes and Offenses; certain veterans organizations may sell certain pull tab games of chance; define certain terms.............................................................. SB 272 Returning Veterans Task Force; create; membership............................................... SB 76 Returning Veterans Task Force; create; membership, duties ................................. SB 148 VETOES Veto Letters 2012.................................................................................................. Page 4 Veto HB 742 line item .......................................................................................... Page 9 VICTIMS OF CRIME; CRIME VICTIMS BILL OF RIGHTS Criminal Procedure; notification regarding certain assistance available pursuant to federal law............................................................................................ SB 232 VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Public Property; writing off small amounts due to the state; change certain provisions......................................................................................................HB 45 State Board of the Technical College System of Georgia; provide for the designation of community colleges ........................................................................ SB 103 W WALKER COUNTY Walker, Dade and Catoosa Counties; board of hospital authority; revise method of filling vacancies.....................................................................................HB 628 WALTON COUNTY State Highway System; dedicate certain portions ....................................................HR 46 WAREHOUSEMEN "Georgia Self-service Storage Facility Act of 2013"; change the due date for monthly rental payments ..................................................................................... SB 61 WARNER ROBINS, CITY OF Warner Robins, City; revise qualifications for candidates for mayor and council.....................................................................................................................HB 383 WARWICK Warwick, City of; change description of council districts .....................................HB 568 4198 INDEX WASHINGTON COUNTY Washington County; board of commissioners; revise districts for election of members .............................................................................................................HB 593 Washington County; Board of Education; revise districts for election of members..................................................................................................................HB 589 WASTE MANAGEMENT Natural Resources, Department of; Georgia Hazardous Waste Management Authority; change certain procedures regarding appropriations .........................................................................................................HB 276 Solid Waste Management; certain compliant inert waste landfills from additional regulatory permitting; exempt ...............................................................HB 320 Solid Waste Management; tire transportation, storage, and disposal; revise certain requirements .....................................................................................HB 226 Waste Management; hazardous waste sites; enrollment, participation, administration; revise provisions............................................................................ SB 176 WATER RESOURCES Coastal Waters, Beaches and Sand Dunes; Department of Natural Resources to issue letters of permission; establish authority .................................HB 402 "Flint River Drought Protection Act"; clarify legislative intent; revise definitions; expand programs ................................................................................. SB 213 Georgia Environmental Finance Authority; expand Georgia Reservoir Fund ........................................................................................................................HB 199 Georgia Geospatial Advisory Council; reestablish; membership; duties................. SB 11 WATERS, PORTS, AND WATERCRAFT "Georgia Boat Safety Act"; numbering and registration of vessels; revise provisions................................................................................................................HB 497 "Kyle Glover Boat Education Law" and "Jake and Griffin BUI Law"; provide for greater public protection for hunting and boating ............................... SB 136 WEAPONS Corrections, Department of; State Board of Pardon and Paroles; former certified employees may retain their board issued weapon under certain circumstances; provide ...........................................................................................HB 482 Firearms; certain laws regarding carrying and possession by retired judges; provide exemption........................................................................................HB 60 "Safe Carry Protection Act"; enact .........................................................................HB 512 WHITE COUNTY Ad Valorem; homestead exemption; White County school district; educational purposes............................................................................................... SB 201 INDEX 4199 WHITFIELD COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 Whitfield County Community Improvement Districts Act; enact .........................HB 573 WILCOX COUNTY Wilcox County; Board of Commissioners; change description of districts ...........HB 572 Wilcox County; Board of Education; change description of districts....................HB 577 Wilcox County; board of elections and registration; create ...................................HB 576 WILD ANIMALS Livestock; provide for regulation of importation of white-tailed deer from other states; breeding purposes ............................................................................... SB 230 WILDLIFE Game and Fish; licensing and operation of shooting preserves; revise provisions................................................................................................................HB 155 "Kyle Glover Boat Education Law" and "Jake and Griffin BUI Law"; provide for greater public protection for hunting and boating ............................... SB 136 Wildlife; authorize the use of suppressors on hunting firearms under certain circumstances................................................................................................ SB 93 WILKES COUNTY Property; authorize conveyance of certain state owned real property....................HR 205 WILKINSON COUNTY State Highway System; dedicate certain portions ....................................................HR 46 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Retirement System; board of trustees of public retirement systems; provide duties.......................................................................................................... SB 143 WINE Alcoholic Beverages; sale; make certain changes to requirements........................HB 124 WORKERS COMPENSATION Worker's Compensation; awards and benefits; change certain provisions.............HB 154